N0. 15446 APPROVAL OF TRAVEL ALLOWANCE FOR CONSTABLE OF JUSTICE PRECINCT NO FIVE On this the 23rd day of April 1984, upon motion made by Commissioner Guthrie, seconded by Commissioner Lich, the Court unanimously approved a travel allowance for the Constable of Justice Precinct No. Five in the amount of $100.00 per month, payable out of the General Fund. o-o-o-o-o-o-o-o-o-o N0. 15447 RESIGNATION OF THOMAS R. McLOUGHLIN, SUPERINTENDENT OF MAINTENANCE, EFFECTIVE AS OF MAY 1st, 1984 On this the 23rd day of April 1984, upon motion made by Commissioner Holland, seconded by Commissioner Guthrie, the Court unanimously approved that the resignation of Thomas R. McLoughlin, Superintendent of Maintenance, be ratified and confirmed, effective as of May 1st, 1984. o-o-o-o-o-o-o-o-o-o N0. 15448 ORDER AUTHORIZING PUBLICATION OF NOTICE OF PROPOSED SALARY INCREASE OF ELECTED OFFICIAL OF KERR COUNTY, TEXAS On this the 23rd day of April 1984, came on to be considered by the Court the matter of a proposed salary increase for an elected official of Kerr County, Texas, pursuant to applicable laws of the State of Texas. It is or dered that notice be published once in the official newspaper of Kerr County, Texas, that is the intention of the Commissioners' Court to consider the following proposed salary increase at a public hearing to be held in the Commissioners' Courtroom of the Kerr County Courthouse on Monday, May 14th, 1984 at 1:30 o'clock P. M., and, if approved to implement same at the regular term of Court on May 14th, 1984, and, if ordered, shall be effective May 1st, 1984: Present Salary Proposed Salary Justice of the Peace, Precinct No. 4 $6,960.00 per annum $7,320.00 per annum' Motion made by Commissioner Holland, seconded by Commissioner Higgins and unanimously approved by the Court. o-o-o-o-o-o-o-o-o-o N0. 15449 APPOINTMENT OF FRED HOLLAND AS EX-OFFICIO MEMBER TO THE LIBRARY ADVISORY BOARD On this the 23rd day of April 1984, upon motion made by Commissioner Lich, seconded by Commissioner Guthrie, the Court unanimously approved that FRED HOLLAND, Commissioner of Kerr County Precinct No. One, be appointed as an Ex-Officio Member to the Butt-Holdsworth Memorial Library Advisory Board. o-o-o-o-o-o-o-o-o-o N0. 15450 ORDER GRANTING SHIELDS COMMUNICATIONS, 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 COUNTY OF KERR, KERRVILLE, TEXAS; PROVIDING FOR COMPENSATION FOR SUCH RIGHTS. WHEREAS, the citizens of Sunny Acres, Burney Oaks Estates, Oak Forrest South, and the Woods 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, 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 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 portion of Kerr County, Texas, said ._ _. .._ . ___..__.. _ _ -- _~.. _ ._ w ....._ __... _.. __ . ._ .._ _ ..._ _ _ _ __..._.... e_.___..... inscribed area being described by plat or map of same attached hereto as Exhibit "A" and ~~ i 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 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, lines, cables and other equipment 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 equip- went 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 liabilities, claims, demands or judgements growing out of any injury to any person or property as the result of the violation ro failure on the part of the Grantee, its successors and assigns, to observe its proper duty, or because of negligence in whole or in part arising out of construction, 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 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 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 success- ors 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 omissions of Grantee claimed to be a violation of the provisions hereof. J ~~~ __. __.,, _.. . _ . ,:a . r (2) If Grantee shall not eliminate, cure or obviate such failure or violation within sixty days after such notice, unless such failure is beyond control of Grantee. Under these cinditions, 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 here- in authorized within the period of 120 days from the effective date of this Order and that 'I 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 i held illegal, invalid, or unconstitutional, such invalidity shall not affect the validity of ; the Resolution and any portions in conflict are hereby repealded. ~~ 1 SECTION 11: Effective Date: This Order shall be effective immediately upon its passage On motion by Commissioner Higgins, seconded by Commissioner Lich and unanimously approv-~~' ed by the Court. The foregoing Order was passed this the 23rd day of April 1984. ~. /s/ Gordon S. Morriss I J GORDON S. MORRISS County Judge ATTEST: '~ /s/ Patricia Dye /s/ Fred Holland ~~ /t/ PATRICIA DYE, County Clerk /t/ FRED HOLLAND, Commissioner and Ex-Officio Clerk of the Precinct 1 Ii Commissioners Court. /s/ Edward D. Higgins ~j (Seal) /t/ EDWARD HIGGINS, Commissioner Precinct 2 i. /s/ Victor Lich ~~' /t/ VICTOR LICH, Commissioner Precinct 3 '; /s/ Billy Joe Guthrie, Jr. /t/ BILLY JOE GUTHRIE, JR., Commissioner Precinct 4 (Plat attached to Order) o-o-o-o-o-o-o-o-o-o `~ N0. 15451 APPOINTMENT OF PRESIDING ELECTION JUDGE AND ALTERNATE PRESIDING ELECTION JUDGE OF ELECTION PRECINCT N0, ll !1 On this the 23rd day of April 1984, upon motion made by Commissioner Higgins, seconded I by Commissioner Holland, the Court unanimously approved the appointment of Barbara Moose as Presiding Election Judge of Election Precinct No. 11, to fill the vacancy created by the ~', resignation of Bruce Storey. !~ It is further ordered that Helen Weinheimer be appointed as Alternate Presiding Judge to replace Barbara Moose, due to her appointment as Presiding Election Judge of said Precinct. o-o-o-o-o-o-o-o-o-o l ''' N0. 15452 APPROVAL OF AUTHORIZATION ~R CITY PUBLIC DARKS OFFICER TO ADVERTISE FvR EXCAVATION BIDS AT THE NEW LANDFIiS. On this the 23rd day of April 1984, upon motion made by Commissioner Holland, seconded by Commissioner Lich, the Court unanimously approved authorization for City Public Works Officer to advertise for excavation bids at the new landfill. o-o-o-o-o-o-o-o-o-o N0. 15453 OFFER TO MRS. BETTY EDWARDS FOR RIGHT OF WAY REQUIREMENTS FOR LOOP 534 On this the 23rd day of April, 1984, came on to be heard and considered by the Court the matter of compensation to be paid Mrs. Betty Edwards for her execution of a quitclaim