ORDER N0. 15227 ORDER GRANTING TELEVISION ENTERPRISES, INC., A TEXAS CORPORA- TION, THE USE, RIGHT, PRIVILEGE, POWER AND AUTHORITY TO CON- STRUCT, MAINTAIN, OPERATE ANC) REMOVE IN, OVER AND ACROSS THE STREETS, AVENUES, PARKWAYS AiVD PUBLIC PLACES THE NECESSARY EQUIPMENT FOR THE OPERATION OF A SYSTEM OF EXHIBITION OF VISUAL AND AUDIBLE ENTERTAINMENT IN HOMES AND A COMMUNITY ANTENNA SYSTEM IN THE COUNTI' OF KERR, INGRAM ,TEXAS: PROVIDING FOR COMPENSATION FOR SUCH RIGHTS. WHEREAS, the citizens in The County of Kerr in Precinct 4 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 granted by the County of Kerr, Texas (herein called County) to Television Enterprises, Inc., a Texas Corporation, (hereinafter called Grantee); and its successors and assigns, the right ar~d privilege, for a period of six- teen (16) years from the effective date of this; Resol~~tion, to construct, maintain and operate in the present and future streets, alleys and public places within Precinct 4 of Kerr County, Texas, said inscribed area being described by plat or map of same attached hereto as Exhibit "A" and incorporated herein for all purposes, and its successors, necessary wiring, cables, poles, undergroung conduits, and other apparatus for the purpose of operating and extending to the citizens of the County, and the inhabitants thereof, a system of exhibition of motion pictures and other visual and audible entertainment in the homes by transmission of electronic impulses 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 Grantee to lease, rent, or in any other manner obtain the use of such towers, poles, I i nes, cables, and other equipment and faci I i ti es, subject to al I the existing and future Resolutions and regulations of the County. SECTION 2: The Grantee shall, at all times, make and keep full and complete 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 liabilities, claims, demands or judgments 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 assigns, to observe its proper duty, or because of negli- gence in whole or in part arising out of contraction, repair, extention, maintenance or 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 nature, 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 inter- fere 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 construc- tion 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 the following insurance policies: (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 $100,000.00 on any one person and $300,000.00 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 refusal of the Grantee, its successors and assigns, to observe its terms and provisions. Such forfeiture shall be excercised in the following manner: (1) Service of notice upon the Grantee specifying with particularity the acts or ommissions of Gr~~ntee claimed to be a violation of the provi- 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 Order and that upon the failure of the Grantee or its assigns to comply with said con- dition 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. On motion made by Commissioner Guthrie, seconded by Commissioner Holland and unanimously approved by the C the/fgfe,~ing order was passed this the 11th day of October 1983 ~,. n Morriss, County udge, Cour,~,tyi~ex,~~ r'red Holland, Commissioner ~~. r.Precinct No . 1 ATTEST: (T ~ ,~ ti ti/a y /,~~ ~ ,~ ~ war D . Higgins , ; i s s Toner PATS CIA DYE, County erg ,~ ' `~ Ex-Officio Clerk of the `~ ~ r --' } Commissioners' Court of Kerr ctor Lic , ommissioner County, Texas Pr inct 3 ~~~ ~ i e rie, Jr., ommissioner Pre i t 4 CERTIFICATE OF INSURANCE NATIONAL FARMERS UNION PROPERTY AND CASUALTY COMPANY OENVER,COlOAADO 80251 SEND THIS COPY TO THE This IS t0 Certify that policies in the name of HOME OFFICE IMMEDIATELY ' AFTER COMPLETION (-Television Enterprises, Inc. -1 117 S. A&M San Angelo, TX 76901 THIS CERTlFlCJITE OF INSURANCE NEITHER AFFIRMATIVELY NOR NE611TIYELY AMENDS, EXTENDS OR ALTERS THE COVERAtiE L_ J AFFORDED BY ANY POLICY DESCRIBED HEREIN. aro in fora at the dau Mrooi, as bllowa: KIND OF POLICY POLICY LIMITS INSURANCE NUMBER PERIOD 41-81014-60 ~•9-1-83 r+iodonsn's compensatlon Ins. sTATUTOAy Workmen's Campensatton Ezp9..1-84 Employers' I.iahiliry In:. s 100, 000 and Employers' Liability BODILY INJURY PROPEATY DAMAGE Comprehensive General 41_81014-62 EN.9_1_g3 s3Q0 ,000 each ocwmnce s 100,000 each occurrence Liability ~p9-1-84 ='300 ,000 aggroqau S 1Q0 ,ooo aggroqate Manufacturers' and EH. S ,000 each occurrence S ,000 each occurrence Contractors' Liability Ez,. S ,000 aggroqab Owner!', Landlords' EN. S ,000 each occurrence S ,000 each ocwrrence and Tenarlta' Liability Ezp. S ,ooo aggregate t COntraetuai Saffie En. Same 1300 ,000 eacA occurrence S 100,000 each occurrence L18bitily Ezp. S .000 aggroqah Automobile Uability ^ Owned Aetomel,ilea EN. S ,000 eacA person i ,000 each ocwrronce ^ Hirod Aetomoriles Ezp. S ,000 eacA ocwronce ^ Non-Owned Automobius Comprehensive Auto- 1- 101 -2$ EH.9-1- 3 sl 0 ,000 sscA person S ,000 each oaurtena mobile Liability Ezp9-1-84 6300 ,000 eecb oaurena Other. Umbrella 41-81014-24 En.9-1-83 Liability E:p~-1-84 $2,000,000 $2,000,000 t Aggregate not appGcabie if Owners', Landlords' and Tenants' Liabi4ry Insurance excludes structural alterations, new construction and demolition. In the event of arty material change in, or cancellation of, said policies, the undersigned company will endeavor to give written notice to the party to whom this certificate is issued, but failure to give such notice shall impose no obhgation nor liabifiry upon the company. CERTIFICATE OF INSURANCE NATIONAL FARMERS UNION PROPERTY AND CASUALTY COMPANY DENVER, COLORADO 80251 Thi3 iS t0 Certify thst policies In the name of SEND THIS COPY TO THE HOME OFFICE IMMEDIATELY AFTER COMPLETION r ~ _ •--t