1
NO . 12960
APPROVAL OF APPLICATION OF J. W. PRIOUR, JR., TELEVISION CABLE,
a sole proprietorship,
FOR ROAD RIGHTS OF WAY IN PRECINCT NO. 4 of
Kerr County, Texas, for T.V. Cables, Ect.
WHEREAS, the Commissioners Court of Kerr County, Texas,
after a full public proceeding affording due process, considered
the legal, character, financial, technical, and other qualifica-
tions of the Applicant and the adequacy and feasibility of its
construction arrangements, granted and approved Applicant`s Appli-
cation for renewal of Applicant's right to use road right of ways
in Precinct 4 of Kerr County, Texas, upon motion made by
Ccranissioner Stone and seconded by Ccarriissioner Saki m %
the Court unanimously approved. that the foregoing application be
granted to J. W. PRIOUR, JR., TELEVISION CABLE, a sole proprietorship.
APPLICATION OF J. W. PRIOUR, JR „ TELEVISION CABLE,
a sole proprietorship,
FOR ROAD RIGHTS OF WAY AND FRANCHISE
STATE OF TEXAS X
COUNTY OF KERR X
TO THE HONORABLE COP~IPdISSIONER:~ COURT OF KERR COUNTY, TEXAS
WHEREAS, J. W. PRIOUR, JR,, of Ingram, Kerr County, Texas,
previously made application to the Honorable Court, said appli-
cation having been granted, to enter upon, along and across all
roads, alleys, public ways, and other places owned or controlled
by the County of Kerr, Precinct 4, specifically as it then stood,
for the purpose of installing and operating a television cable
system for the distribution of television and other signals in
Ingram, Kerr County, Texas, and Precinct 4; said system to be in-
stalled and operated to distribute said signals televised or broad-
cast by means of cables, translator transmitting devices, micro-
wave installation or installations and other means then available
or which might thereafter become available by virtue of scientific
discovery; the said signals to 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;
WHEREAS, Applicant, J. W. PRIOUR, JR.'s, use of the foregoing
public ways and places would iii no wise interfere with public travel
or other public use of the same; and all such poles, wires, cable,
guys and other paraphernalia which Applicant might erect and/or
install, would be placed at Applicant's own risk, but in no event
should any wire or cable be placed across any such public place at
a height of less than sixteen (16) feet, and no pole, wire, auv or
maintenance of such road and ditch;
WHEREAS, the permit applied for was requested for a ten
year period;
WHEREAS, the Applicant agreed to maintain in force a policy
of public liability insurance in an amount specified 'therein;
WHEREAS, Applicant promised to pay the said Kerr County,
Texas, an amount annually equal to two (2) per cent of the gross
amount received by Applicant from sale of the aforesaid signals
in certain designated areas, should Kerr County, Texas, be permitted
by constitutional provisions o:r statutes, to collect such fee or
tax for the permit therein applied for;
WHEREAS, the Commissioners Court of Kerr County, Texas, after
a full public proceeding affording due process, considered the
legal, character, financial, technical, and other qualifications
of the Applicant and the adequacy and feasibility of its construc-
tion arrangements, granted and approved Applicant's application,
same being entered of record o~1 the Court's Minutes under Order
No. 10200, entitled, "Approval of Application of J. W. Priour, Jr.,
to use Road Rights of Way in Precinct 4, of Kerr County, for T.v.
Cables, Etc.";
WHEREAS, Applicant, J. W. PRIOUR, JR., Ingram, Kerr County,
Texas, desires to continue to install and operate a cable television
system for the distribution of television and other signals in
Precinct 4, Kerr County, Texas, as it now stands, by distribution
to said area of programs televised or broadcast by means of cables,
translator transmitting devices, microwave installations and other
means presently available or wriich may hereafter become available
by virtue of scientific discovE~ry, makes this his application for
lines, guys, and other devices necessary or desirable or in the
distribution of the signals afo:resaid.. And that 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.
WHEREAS, Applicant's use oi= the foregoing ways and places
shall in no wise interfe~ with public travel or other public use
of the same; and all such poles, wires, cables, guys and other
parapheranalia which Applicant may erect and/or install, shall be
placed at Applicants risk. In no event shall any wire or cable
be placed across any such public at a height of less than sixteen
(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.
WHEREAS, the renewal of the permit or franchise here applied
for shall extend for a period of fifteen (15) years from its date;
WHEREAS, 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/$50,000;
WHEREAS, Applicant has adopted an informal line extension
policy which provides that service will be provided when there are
fifteen (15) subscribers per mile, or when any person who wishes to
become a subscriber pays a pro rata share of the costs incurred,
not t~ P_XC_P_P_c~ SPVPr~i-V-fI~TP ~?r-.~ r~Ar nnn+ ~f' ~~~^~^ ^^^~'^
that Applicant requests this Court to authorize his present
rates which are: $30 to connect; $5.95 per month; and $10 to
reconnect; and the above mentioned "cost of living" increases;
WHEREAS, Applicant requests this Court to exercise its autho-
rity to authorize any increases in the rates charged by Applicant,
in the Court's discretion, should such discretionary authority be
approved by the Federal Communications Commission at a future date;
WHEREAS, Applicant has established procedures for handling
customer complaints which include but are not limited to: Applicant's
providing each customer with a coupon book showing Applicant's name,
and address; Applicant maintains an office at 214 Junction Highway,
Ingram, Kerr County, Texas; such office being open during normal
business hours on week days; Applicant has designated 214 Junction
Highway, Ingram, Texas, his office, to be responsible for complaints;
Applicant requires that all new subscribers be informed of this
procedure.
WHEREAS, Applicant says that any modifications of Section 76.31
of the Rules and Regulations of the Federal Communications Commission
shall be incorporated into this franchise within one (1) year of
adoption of the modification or at the time of franchise renewal,
whichever occurs first;
WHEREAS, under present constitutional provisions and statutes,
the Counties of this State do riot appear to be entitled to collect
any tax or fee for the use of t:he permit here applied for; but
should a change in the existing law occur, then Applicant will pay
to the County of Kerr, State of Texas, that amount annually which
is equal to two (2) per cent of the gross subscriber revenues from
this system received by Applicant in anv ark ~~i aroa~ ^~~+~;a° }~^
receipts tax becomes applicable, the County of Kerr shall notify
Applicant by registered mail addressed to Applicant at the above
mentioned address; and commencing one year thereafter, or at the
end of Applicant's then current tax year, at Applicant's option,
Applicant shall report to the County Judge of Kerr County, Texas,
in writing and certified by Applicant, all income received from
gross subscriber revenues, during the period of the report as afore-
said, 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, adver-
tising or servicing operations, nor shall any income received from
the relying of signals to another county for purposes of ultimate
distribution in such other county be included in the tax computation,
unless the relay device or devi,~es be actually located upon premises
belonging to the County of Kerr, State of Texas.
Applicant repspectully requests this honorable Court to approve
his application herein.
SOUTHWEST CABLEVISION, INC.
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J.~ W. PRIOUR, JR., Pr silent
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