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7. The non - exclusive separate pole attachment agreement will authorize the installation of <br />fiber optic cable and DAS antenna equipment on San Marcos Electric Utility poles for the <br />construction of the proposed DAS Network; and <br />8. The construction of ATC's proposed DAS Network will include sections of aerial fiber to <br />be installed in compliance with all City of San Marcos codes, ordinances and regulations, <br />including the City's Right -of -Way Management Ordinance as amended; and <br />9. In consideration for granting the Non - exclusive License Agreement, the City will receive <br />five percent (5 %) of ATC's gross revenues over the five (5) year term of the agreement <br />plus six (6) strands of dark fiber. <br />10. In consideration for granting the non - exclusive pole attachment agreement, the City will <br />receive $6.00 per attachment, per pole, per year. <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />PART 1. The terms and conditions of the Non - Exclusive Right -of -Way License <br />Agreement including Attachment "C" ( "Indefeasible Right of Use Agreement ") and the Non - <br />Exclusive License Agreement for Attachment to Utility Facilities for the installation of one <br />distributed antenna system and associated fiber as specified in the agreements (DAS) on San <br />Marcos Electric Utility Poles within municipal rights -of -way (the "Agreements ") between the <br />City of San Marcos, and ATC Outdoor DAS, LLC. are hereby approved. <br />PART 2. The City Manager is authorized to execute the Agreements attached hereto <br />as Exhibits "A" and `B" on behalf of the City. <br />PART 3. This Resolution shall be in full force and effect immediately from and <br />after its passage. <br />ADOPTED this the 18th day of October, 2011. <br />amel Guerrero <br />Mayor <br />Attest: <br />'N, <br />Ja 'e Lee Pet " hn <br />City Clerk <br />