ORDER N0. 15565
ORDER GRANTING KERRVILLF CABLE CO., THE USE, RIGHT PRIVILEGE,
POWER AND AUTHORITY TO CGNSTRUCT, MAINTAIN, OPERATE AND
REMOVE IN, OVER AND ACROSS THE STREETS, AVENUES, PARK4JAYS
AND PUBLIC PLACES THE NECE5SARY EQUIPMENT FOR THE OPERATION
OF A SYSTEM OF EXHIBITION OF VISUAL AND AUDIBLE ENTERTAINMENT
IN HOMES AND A COMMUNITY ANTENNA SYSTEM IN THE COUNTY OF
KERR, KERRVILLE, TEXAS PROVIDING FOR COMPENSATION FOR
SIJCH RIGHTS.
WHEREAS, the citizens of WOOD CREEK not being served cable T. V. in Kerrville,
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, BL- IT ORDERED BY THE COUNTY COMMISSIONERS OF KERR
COUNTY, TEXAS:
SECTION 1: There is hereby granted by the County of Kerr, Texas (herein
called Grantee), and its successors and assigns, the right and privilege,
for a period of sixteen (lb) years from the effective date of the 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 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, underground conduits, and other apparatus for the
purpose of operating and extending to the citizens of the County, and the
inhabitants there of 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 athcr electronic devices; and the right
and privi~ege to erect and operate a community antenna system for the trans-
mission of television signals. There is hereby granted the further right,
privilege and authority to the Grantee tt- lease, rent, or in any other
manner obtain the use of such towers, poles, lines, cables and other equip-
ment and facilities, subject to all the existing and the 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 succes-
sors and assigns, shall indemnify and hold harmless the County from any
and all liabilities, claims, demands or judgements 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,
nr hecause o'. negligence in whole or~in part arising out of construction,
~~pair extention, maintenance or operation of its equipment of any kind
or character used in connection with this permit.
SECTION 4: A11 installation of equipment shall be of a permanent nature,
durable_and installed in accordance with ciood engireering practice, and of suf-
ficient height to comply with all existing County reguaations, 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 regualtion of the erection
(1) Service of notice upon the Grantee specifying with par-
ticularity 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 fail-
ure or violation within sixty days after such notice, un-
less such failure is beyond control of Grantee.
Under these conditions, this Permit shall 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 Order and that upon 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 unconstitutional, such invalid-
ity shall not affect the validity of the Resolution and any portions in
conflict are hereby repealed.
SECTION 11: Effective Date: This Order shall be effective immediately
upon its passage.
On motion by Commissioner Holland sec ed by C. r
Guthrie and unanimously approved by t our e-
going Order was passed this the 9th day of July 9~ ;.
t
ATTEST:
C6u~~ly Judge
• v'
~~
TRICIA DYE, .County ~ rk G HOLLAND, ommissioner
and Ex-Officio Clerk`of the Precinct 1
Commissioners Court.
,.
EDIrARD HIGGINS, Co sinner
Precinct 2
,~c°
VICTOR L CH, Commissioner
Precinct 3
ILL E UT I JR., C ~ssioner
Pre 4