APPLICATION OF HILL COUNTRY
CABLEVISION, INC., TO USE
ROAD RIGHTS OF WAY.
THE STATE OF TEXAS:
COUNTY OF KERR:
TO THE HONORABLE COMMISSIQNERS COURT OF KERR COUNTY, TEXAS:
HILL COUNTRY CABLEVISION, INC., the owner and operator of a
cable system for the distribution of television and other signals
in Kerrville, Texas, being desirous c>f serving other areas of Kerr
County, Texas, by the distribution to such areas of programs televised
or broadcast by means of cables, translator transmitting devices, very
high frequency transmitters, Ultra High Frequency transmitting devices,
microwave installation or installations, and other means presently
available or which may hereafter beet>me available by virtue of
scientific discovery, makes this, its application for a permit to enter
upon, along and across all roads, alleys, public ways and other places
owned or controlled by the County of Kerr and otherwise to use the same
for the purpose of installing and maintaining all poles, lines, guys
and other devices necessary or desireable in the distribution of the
signals aforesaid. The said signals may be distributed by some installa-
tion or device which is physically present and visually apparent on or
along such public places, or by use of the airspace above such ways for
the dissemination of signals broadcast through the air.
Applicant's use of the foregoing public ways and places shall in
no wise interfere with public travel or other public use of the same;
and all such poles, wires, cables, guys and other paraphernalia which
applicant may erect and/or install, :hall be placed at applicant's risk.
In no event shall any wire or cable be placed across any such public
place at a heighth of less than 16 fE~et, and no pole, wire, guy or other
appurtenance be erected nearer to thE~ travelled portion of any public
road than the side of the bar-ditch vrhich is most distant Therefrom,
Applicant further agrees to place and to maintain in force at
its expense public liability and property damage insurance with
indorsement in favor of Kerr County, Texas, the limits thereof to be
$300,000.00/$50,000.00.
Under present constitutional provisions and statu~::es, the
Counties of this State do not appear to be entitled to collect any tax
or fee for the use of the permit here applied for; but should a change
in the existing law occur, then applicant will pay to the County of
Kerr that amount annually which is equal to two (2~) per cent of the
gross amount received by applicant from the sale of the aforesaid
signals in any and all areas outside the corporate limits of any
incorporated city in Kerr County, Texas, as such corporate limits may
exist from time to time.
If such gross receipts tax becomes applicable, the County of Kerr
shall notify applicant by registered mail at Kerrville, Texas; and
commencing one year thereafter, or commencing at the end of applicant's
:hen current tax year, at applicant's option, applicant shall report to
the County Judge of Kerr County, in writing and certified by applicant,
all income received during the period of the report as aforesaid, and
within thirty (30) days after the making of such report shall pay the
sum thereby indicated to the County. Such tax shall be computed upon
sales of the signals described in this application, and shall not
include any income received for installations, advertising or servicing
operations, nor shall any income received from the relaying of signals
to another County for purposes of ultimate distribution there be
included in the tax computation, unless the relay device or devices
be actually located upon premises belonging to the Count of Kerr.