NO . 12959
APPROVAL OF APPLICATION OF SOUTHWEST CABLEVISION
INC, J. W. Priour, Jr., President, FOR ROAD RIGHTS
OF WAY IN PRECINCT N0. 4 of
Kerr County, Texas, for T.V.
Cables, Et.c.
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
Application for renewal of Applicant's right to use road right
of ways in Precinct 4 of Kerr County, Texas, upon motion made by
Commissioner Stone and seconded by Cca~missioner Sallee ;
the Court unanimously approved that the foregoing application be
granted to SOUTHWEST CABLEVISION, INC., on this the 11th day of
April 19 7 7 .
APPLICATION OF SOUTHWEST CABLEVISION, INC.
J. W. PRIOUR, JR., PRESIDENT
FOR ROAD RIGHTS OF WAY AND FRANCHISE
STATE OF TEXAS X
COUNTY OF KERB X
TO THE HONORABLE COMMISSIONERS COURT OF KERR COUNTY, TEXAS:
WHEREAS, SOUTHWEST CABLEVISION, INC., acting herein by and
through its President, J. W. Priour, Jr., of Ingram, Kerr County,
Texas, previously made application to the Honorable Court, said
application having been granted, to enter upon, along and across
all roads, alleys, public ways, a.nd 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 sys-
tem for the distribution of television and other signals in Hunt,
Kerr County, Texas, and Precinct 4; said system to be installed and
operated to distribute said signals televised or broadcast by means
of cables, translator transmitting devices, microwave installation
or installations and other means then available or which might there-
after 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 dissemi-
nation of signals broadcast through the air;
WHEREAS, Applicant, SOUTHWEST CALBEVISION, INC.'s, use of the
foregoing public ways and places would in 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
i r nn Avnnf- chniil r~ anv wi rA nY' (~aY~l P hA t7~ aCP_C3 dCY'OSS ariV such public
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 or 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 construction
arrangements, granted and approved Applicant's application, same
being entered of record on 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, Texas, for T. V. Cables, Etc.";
WHEREAS, Applicant, SOUTHWEST CABLEVISION, INC., Hunt, 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 installa-
tions and other means presently available or which may hereafter be-
come available by virtue of scientific discovery, makes this its
application for a permit to enter upon, along and across all roads,
other devices necessary
the signals aforesaid.
by some installation or
visually apparent on or
airspace above such way.
cast through the air.
or desirable or in the distribution of
And that said signals may be distributed
device which is physically present and
along such public places, or by use of the
s for the dissemination of signals broad-
WHEREAS, Applicant's use of the foregoing ways and places
shall in no wise interefer 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 Applicant's 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,
nom} ~~ Ax~aP~ seventy-five (75) per cent of such costs.
authorize any increases in the rates charged by Applicant which
increases shall be automatic "cost of living increases" and
further Applicant requests this Court to authorize its present
rates which are: $40 to connect; $6.00 per month; and $10 to re-
connect; 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; Ap~~licant has designated 214 Junction
Highway, Ingram, Texas, its 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 con:~titutional provisions and statutes,
the Counties of this State do nat 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, State of Texas, that amount annually which
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 s~~_gnals 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 anothE~r county for purposes of ultimate
distribution in such other county be included in the tax computation,
unless the relay device or devices be actually located upon premises
belonging to the County of Kerr,, State of Texas.
Applicant hereby respectfully requests this honorable Court to
approve his application herein.
. W. PRIOUR, JR.
PO Box 522
Ingram, Texas 78025
Flied ././_ ~zv of _['~~.~- A.D. !9?..2'
EMMi ~ td. 1V?Ur!1IK:~
C3erk _ unt Cour , S :,~, Text
By - _ ep~r