ORDER NO • 14814
A RESOLUTION OR ORDER GRANTING PETTY GENERAL CONSTRUCTION COMPANY,
INC. d.b.a. COMFORT CABLE CO. AND ITS SUCCESSORS AND ASSIGNS, THE
RIGHT TO LOCATE, CONSTRUCT, MAINTAIN AND OPERATE A SYSTEM OF EX-
HIBITION OF VISUAL AND AUDIBLE: ENTERTAINMENT IN HOMES AND A COMMUNITY
ANTENNA SYSTEM IN THE COUNTY OF KERR, COMFORT, TEXAS AUTHORIZING THE
USE, RIGHT, PRIVILEGE, POWER AND AUTHORITY TO CONSTRUCT, MAINTAIN,
OPERATE AND REMOVE IN, OVER AND ACROSS THE STREETS, AVENUES, PARK-
WAYS AND PUBLIC PLACES THE NECESSARY EQUIPMENT FOR THE OPERATION
OF SUCH SYSTEMS IN THE COUNTY OF tCERR, COMFORT, TEXAS; PROVIDING FOR
THE REGULATION THEREOF; ALL OF ELECTION PRECINCT EIGHT (8), THAT
PORTION OF ELECTION PRECINCT THREE (3) SOUTH OF I.H. 10 AS PRESENTLY
DEFINEL' BY THE KERR COUNTY COMMISSION COURTy PROVIDING FOR THE PROPER
INSURANCE; AND COMPENSATION FOR SAID RIGHTS.
WHEREAS, the Citizens of the above cited election precincts in Kerr County, Texas
are in need of a cable T.V. and WHEREAS, this cable T.V. would provide needed news
broadcasts, exposure and educational materials for the residents of the county,
THEREFORE, BE IT ORDERED BY THE COUNTY COMMISSIONERS OF KERR COUNTY, TEXAS:
SECTION 1: There is hereby gra_~ted by the County of Kerr, Texas (herein
called County) to Petty General Construction Company, Inc. d.b.a. Comfort Cable
Co. (herein after called Grantee) and its successors and assigns, the right and
privilege, for a period of sixteen (16) years from the effective date of this
Resolution, to construct, maintain and operate in the present and future streets,
alleys and public places within a porrion of Kerr County, Texas, described as
election precinct eight (8), election precinct three {3) South of I.H. 10 as
presently defined and incorporated herein for all purposes, and its successors,
necessary wiring, cables, poles, underground conduits, and other apparatus for the
purpose of operating and extending to the citizens of the County, and the inhabi-
tants thereof, a system of exhibition of motion pictures and other visual and
audible entertainment in the homes by transmission of electronic impluses
originating in a central studio or other facility over
cables, wires or other means, such visual and audible entertainment being
reproduced in the homes through television sets of other electronic devices;
and the right and privilege to erect and operate a community antenna system for
the transmission of television signals. There is hereby granted the further
right, privilege and authority to the Gz:antee to lease, rent, or in any other
manner obtain the use of such towers, poles, lines, cables and other equipment
and facilities, subject to all the existing and future Resolutions and regulations
of the County.
SECTION 2: The Grantee shall, at all times, make and keep full and
complete plans, maps and records showing the exact locations of all towers,
poles, lines, cables and other equipment and facilities located and used by the
Grantee in the County in connection with the system.
SECTION 3: The Grantee shall defend the County against any lawful
claim for injury to any property caused by the Grantee in the construction
or operation of its property; and in the event of such determination of such
liability shall indemnify the County. The Grantee herein, its successors and
assigns, shall indemnify and hold harmless the County from any and all liabi-
lities, claims, demands or judgement growing out of any injury to any person
or property as the result of the violation or failure on the part of the
Grantee, its successors and assign; to observe its proper duty, or because
of negligence in whole or in part arising out of construction, repair, ex-
tenticn, maintenance ar operation of its equipment of any kind or character
used in connection with this permit.
SECTION 4: All installation of equipment shall be of a permanent na-
ture, durable and installed in accordance with good engineering practice, and
of sufficient height to comply with all existing County regulations, and State
laws so as not to interfere in any manner with the rights of the public or
individual property owner, and shall not unreasonably interfere with the
travel and use of public places by the public, and during the construction,
' repair or removal thereof, shall not unreasonably obstruct or impede traffic.
SECTION 5: The County reserves 'the right of regulation of the erection
and construction of any work by the Grantee and to designate where such works
and construction are to be placed.
SECTION 6: The Grantee, before commencing the construction of its
facilities, shall procure and furnish and file with the County Clerk their
Certificate of Insurance for:
(a) Workmen's Compensation insurance in accordance with the
laws of the State of Texas.
(b) Public liability and automobile liability insurance with
limits not less than $500,000.00 on any one person and
$500,000.00 for any one accident.
SECTION 7: The rights, privileges and easements granted and conferred
hereby may be forfeited by the County Commissioners upon the failure or re-
fusal of the Grantee, its successors and assigns, to observe its terms and
provisions. Such forfeiture shall be exercised in the following manner:
(1) Service of notice upon the Grantee specifying with particularity
the acts or ommissions of Grantee claimed to be a violation of
the provisions hereof.
(2) If Grantee shall not eliminate, cure or obviate such failure
or violation within sixty days after such notice, unless such
failure is beyorxl contro.l~ of Grantee.
Un3er these conditions, this Permit sha13. thereupon terminate or be forfeited.
SECTION 8: As consideration and compensation for the rights, privileges
and easements granted and conferred hereby, the Grantee shall pay to the
County the sum of $10.00 per annum in advance.
SECTION 9: The rights, privileges and easements granted and conferred
hereby are granted on the condition that Grantee or its assigns shall begin
work of installing the service herein authorized within the period of 120
days from the effective date of this Ox:der and that upon the failure of
Grantee or its assigns to comply with ~~aid condition this grant may be
terminated and no longer be in effect.
SECTION 10: If any section, sentence, clause or phrase of the Order
is for any reason held illegal, invalid, or unconstitutional, such invalidity
shall not affect the validity of the Resolution and any portions in conflict
are hereby repealed.
SECTION 11: Effective Date: This Order §hall be effective immediately
upon its passage.
On motion by Commissioner _ ~ iCh _, seconded by Com-
missioner Sp eakmOn and unanimously approved by the Court.
The foregoing Order was passed this the 1 1 th day of 0 ~ ob r 1982.
ATTEST:
~ ~ ~~ _
C MMIE M. MUENKER, County Clerk
and Ear-Officio Clerk of the
Commissioners Court.
Commissioner
--~
FRANK L. SP AKMO C mmissioner
Precinct 2
/ i/~
VICTOR LICH, Commissioner
Precinct 3
ner
~~ n ~ ~
ILLY OE TH E, JR., ~o issio
Precin~ 4~
Precinct 1