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<br /> <br />~' <br />~ <br />~. <br />f~~ <br />(\j <br /> <br />~~ <br />~CG <br />:;.u ;;;!:; <br />5;:;; <br />I.I..!~ <br />(1').... <br />g <br /> <br />58. <br /> <br />~ <br />~ <br />............ <br />-...,~ <br /> <br /> <br />ORDINANCE NO. 2000---A.6 <br /> <br />". <br />f.!V! <br />III '1:S ...=r <br /> <br />~H <br />,W;.i <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS, ESTABLISHING A FRANCHISE AGREEMENT <br />WITH GRANDE COMMUNICATIONS, INC. FOR CABLE <br />TELEVISION AND OTHER SERVICES; PROVIDING THE TERMS <br />AND CONDITIONS UNDER WHICH THE FACILITIES OF GRANDE <br />COMMUNICATIONS, INC. WILL BE INSTALLED, OPERATED <br />AND MAINTAINED; ESTABLISHING A TERM OF THE <br />AGREEMENT; AND ESTABLISHING AN EFFECTIVE DATE. <br /> <br />o <br />0:::: <br />0... <br />.<::::( <br /> <br />Section 1. Definitions; construction. <br /> <br />In this Agreement: <br /> <br />1. Basic monthly service means the minimum level of cable service for which Grande charges <br />the lowest monthly fee. <br /> <br />2. Cable service means: <br /> <br />a. The one-way transmission to customers of: <br /> <br />1. video programming provided by, or comparable to video programming provided by, <br />a television broadcast station; or <br /> <br />2. other programming services, by which is meant video, audio, or data information that <br />Grande makes generally available to all customers, to the extent the services are deemed <br />to be "cable service" under federal law; and <br /> <br />b. Customer interactive (two-way) transmissions required for the selection or use of video <br />programming or other programming services (such as, for example, customers' accessing and <br />utilization of data bases, the Internet, video game services, or other services), to the extent they <br />are "cable service" under federal law. <br /> <br />3. City means the City of San Marcos, a Texas municipal corporation. <br /> <br />4. City Council means the City Council of the City. <br /> <br />5. City Manager means the City Manager of the City or the City Manager's designated <br />representative. <br /> <br />6. City requirements means all City charter provisions, ordinances, regulations, resolutions and <br />policies, in effect on the effective date of this Agreement and as they may be changed from time to time <br />during the term of this Agreement, that apply to Grande's activities under this Agreement <br /> <br />7. City right-of-way means the surface, the air space above the surface, and the area below the <br />surface of any public street, highway, alley, sidewalk, boulevard, bridge, tunnel, utility easement or <br />similar property in which the City holds a property interest or exercises a right of management or control <br />and which may be used for the illstallation and Hii.tiilLcnam;e of Gramle's fiicilities. <br /> <br />8. FCC means the Federal Communications Commission. <br /> <br />9. Grande means Grande Communications, Inc., a Delaware corporation. <br /> <br />10. Grande's facilities means Grande's cables, lines, wiring, towers, poles, underground <br />conduits, manholes, electronic conductors, and other fixtures necessary for the maintenance and <br />operation of Grande's cable television signal distribution system and service. <br /> <br />C:\TEMP\Grande Franchise finaL doc <br /> <br />1 <br />