~~~P~ exercising the option to purchase the said Traxcavator under the terms set forth in said contract, it is ordered on motion by Commissioner Schwethelm, seconded by Commissioner Mosty and unanimously approved by the Court that Kerr County exercise the aforesaid option as set forth in the aforementioned contract and declare its intention to purchase the said Caterpillar 1'raxcavator as of October 15, 1965, by making payment of the total balance due on the original contract, plus interest at t}2% per annum on the said balance from June 1, 1965; and it is further ordered that the Clerk and the Treasurer be authorized to draw a voucher on the Road and Bridge Fund of Kerr County payable to the Chas. Schreiner Bank, assignee of W. K, Holt Machinery Company, said voucher to be drawn as follows and be accom- panied by a certified copy of this order: Balance due on Caterpillar 922 `Praxcavator 513,500.00 Flus fa.2yo interest from June 1, 1965 to October 15, 196$ 278.li1~ Total 513, 778.~~-I o-o-o-o-o-o-o-o-o-o N0. 10097 TRANSFER OF 55,000,00 FROM GENERAL FUND TO OFFICERS SALARY FUND On this the 11th day of October 1965, upon motion made by Commissioner Stone, seconded by Commissioner Schwethelm, the Court unanimously approved that the County Clerk and County Treasurer be, and are hereby directed to transfer the sum of 55,000.00 from the General Fund to the Officers Salary Fund. o-o-o-o-o-o-o-o-o-o N0. 10098 ArPORTIOIdM.~'N1' OF 55,000.00 FROM GENERAL ROAD AND BRIDGE FUND On this the 11th day of October 1965, upon motion made by Commissioner Schwethelm, seconded by Commissioner Bartel, the Court unanimously approved that the County Clerk and County Treasurer be, and are hereby directed to apportion the sum of 5$,000.Ou out of the General Road and Bridge Fund to the respective Commissionerst Precincts: Road and Bridge #1 ------ -- 51,700.00 Road and Bridge ~#2 ------ -- 850.00 Road and Bridge #3 ------ -- 8$0.00 Road and Bridge #11. ------ -- 1,600.00 o-o-o-o-o-o-o-o-a-o N0. 10099 TRANSFER OF 55,000.00 FRUM SPECIAL RIGH`.P-OF-WAY FUND TO HIGHWAY 39 RIGHT-OF-WAY FUND On this the 11th day of October 196$, upon motion made by Commissioner Stone, seconded by Commissioner Mosty, the Court unanimously approved that the County Clerk and County Treasurer b©, and are hereby directed to transfer the sum of 55,000.00 from the Special Right- of-Way Fund to the Highway 39 Right-of-Way Fund, o-o-o-o-o-o-o-o-o-o AFFLICATION OF HILL COUNTRY CABLEVISION, INC., TO USE ROAD RIGHTS OF WAY. THE STATE OF TEXAS COUNTY OF KERR TO THE HONORABLE COMMISSIONERS COURT OF KERR COUNTY, TEXAS: HILL COUNTRY CABLEVISIOIQ, INC „ the owner and operator of a cable system for the distribution of television and other signals in Kerrville, Texas, being desirous of serving other areas of Kerr Gounty, Texas, by the distribution to such areas of programs televised or broadcast by means of cables, translator transmitting devices, very high frequency trans- mitters, Ultra High Frequency transmitting devices, microwave installation or installations, and other means presently available or which may hereafter become available by virtue of ~o~- 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 desire able in the distribution of the signals aforesaid. The said signals may be distributed by some installation 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 public travel or other /izse of the same; and all such poles, wires, cables, guys and other paraphernalia which applicant may erect and/or install, shall 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 feet, 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 which is most distant therefrom, and then the same shall be installed with due regard for the periodic maintenance of such road and ditch, The permit here applied for shall extend for a period of ten (10) years from its date. 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/~p50,000.00 Under present constitutional provisions and statutes, 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 then current tax ,year, at applicant's option, applicant shall report to the County Judge of Kerr County, in writing and certii'ied 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 purposos of ultimate distribution there be included in the tax computation, unless the relay device or devices be actually located upon premises belonging to the County of Kerr. Respectfully Submitted /s/ Darrell G, Lochte Darrell G. Lochte, Attorney for Hill Country Cablevision, Inc, Filed 11th day of Oct., A,D, 1965 EMMIE M. MUENKER Clerk County Court, Kerr County, Texas ^ By /s/ Estella Witt, Deputy o-o-o-o-o-o-o-o-o