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<br />I <br /> <br />I <br /> <br />I <br /> <br />102. <br /> <br />RESOLUTION NO 2005-~ <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS, APPROVING A LICENSE <br />AGREEMENT FOR ATTACHMENT TO UTILITY FACILITIES <br />BETWEEN THE CITY AND TIME WARNER <br />ENTERTAINMENT-ADVANCE I NEWHOUSE PARTNERSHIP; <br />AUTHORIZING THE CITY MANAGER TO EXECUTE THE <br />AGREEMENT ON BEHALF OF THE CITY AND DECLARING <br />AN EFFECTIVE DATE <br /> <br />RECITALS <br /> <br />1 Time Warner Entertamment - Advance/Newhouse PartnershIp ("Time Warner") has <br />mstalled and mamtamed a system of cables, WIres and assocIated eqUIpment on the CIty'S utIhty <br />poles to proVIde commUnICatIOns servIces to the pubhc under a pole attachment agreement between <br />the CIty and Kamack CorporatIOn, dated January 1, 1989 (the "ExIstmg Agreement") that was <br />subsequently assIgned to TCI CablevlSlon of Texas, Inc , and to the LIcensee <br /> <br />2 The CIty and Time Warner WIsh to enter mto a new agreement to replace the EXIstmg <br />Agreement, authorIzmg the contmued use of the CIty'S utIhty poles by Time Warner, and provIdmg <br />for the Issuance of permIts for the future placement, mstallatIOn and modificatIOns to Time Warner's <br />FacIlIties on the CIty'S utIhty poles. <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS <br /> <br />P ART 1 The terms and condItIOns of the attached LIcense Agreement for Attachments to <br />UtIhty FacIhtIes between the CIty of San Marcos and Time Warner Entertamment - <br />Advance/Newhouse PartnershIp are approved. <br /> <br />PART 2 The CIty Manager, Dan O'Leary, IS authOrIzed to execute the agreement on behalf <br />of the CIty <br /> <br />P ART 3 This ResolutIOn IS m full force and effect Immediately from and after ItS adoptIOn. <br /> <br />ADOPTED on December 7 <br /> <br />,2005 <br /> <br />~~ . <br /> <br />Susan NarvalZ ~ <br />Mayor <br /> <br />Att~t: I I <br />/--1; /\ ' -/,1 r . t .' <br />I Wr/)/y'r I 1 'tlll) I //f>l);1__~. <br />t c. f' <br />JanIs K. Womack <br />CIty Clerk <br />