ORDER NO. 1489'1 ORDER GRANTING COTULLA CABLE, INC. THE USE, RIGHT, PRIVILEGE, POWER AND AUTHORITY TO CONSTRUCT, MAINTAIN, OPERATE AND REMOVE IN, OVER AND ACROSS THE STREETS, AVENUES, PARKWAYS AND 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 4VESTWOOD PARK SUBDI- VISION, AN UNOFFICIAL PLAT RECORDED IN VOLUME 4, PAGE 57, OF THE PLAT RECORDS OF KERR COUNTY, TEXAS; PROVID- ING FOR COMPENSATION FOR SUc~H RIGHTS. WHEREAS, the citizens of i~~estwood Park Subdivsion in Kerr County, Texas, are in need of a cable T.V.; and, WHEREAS, this cable T.V. would provide needed news broad- casts, exposure and educational materials for the residents of the county, THEREFORE, BE IT ORDERED BY THE COUNTY COMMISSIONERS OF KERR COUNTY, TEXAS: SECTION l: There is hereby granted by the County of Kerr, Texas (herein called County) to Cotulla Cable, Inc. (hereinafter called Grantee), and its succe:osors 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 portion of Kerr County, Texas, said inscribed area being des- cribed as Westwood Park Subdivision, a subdivision of record in Volume 4, Page 57, of the Plat: Records of Kerr County, Texas, necessary wiring, cables, poles,. underground conduits, and other apparatus for the purpose of operating and extending to the citizens of the County, and the inhabitants thereof, a system of wires or other means, such visual. and audible entertainment being reproduced in the homes through television sets of other elec- tronic devices; and the right anal 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, lines, cables and other equipment and facilities, subject to all the existing and future resolutions and regulations of tYie 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 ant property caused by the Grantee in the construction or operation o:E 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 liabili- ties, 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 or assigns, to observe its proper duty, or because of negilgence in whole or in part arising out of construction, repair, extension, maintenance or operation of its equipment of any kind or character used in 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, an 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 re:~erves 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 the following insur~ince 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 a~zy 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 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 ate 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 Coanty 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 the 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 Grantee or its assigns to comply with said 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 unconstitu- tional, such invalidity shall not affect the validity of the Resolution and any portions ire conflict are hereby repealed. SECTION 11: Effective Date: This Order shall be effective immediately upon its passage. On motion by Commissioner seconded by Commissioner Lich Holland , and unani- mously approved by the Court. The foregoing Order was passed this the 10th day of Precinct 1 ~~ t ._ * ~. ~ ~' L~'~ ED- HIGGINS, Commissi r Precinct 2 ,. ~~ ;' ~, ~ ~, VIc~TOR LICH, Commissioner PrE~C1nC 3 LY/J,k7E ,GUTHR~lE, JR. Prec