ORDER NO. 1'9266
ORDER GRANTING SATCOM CORPORAT:LON AND ITS SUCCESSORS
AND ASSIGNS THE USE, RIGHT, I?RIVILEGE, 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 Oi.~ VISUAL AND AUDIBLE
ENTERTAINMENT IN HOMES AND A COMMUNITY ANTENNA SYSTEM
IN THE COUNTY OF KERB, KERRVILLI~, TEXAS; PROVIDING FOR
COMPENSATION FOR SUCH RIGHTS.
WHEREAS, the citizens of an area Ptorth of IH-10 along either
side of FM. Rd. #783 ( Harper Rd.) t.o include, but not limited
to, the following subdivisions: Aqua Vista I & II, Tierra
Vista Estates, Valley Vista and Northwest Hills I & II in
Kerrville, Texas are in need of a cable T. V. and
WHEREAS, this cable T. V. wou:~d provide needed news
broadcasts, exposure and educai:.ional materials for the
residents of the County,
THEREFORE, BE IT ORDERED BY THE C(]UNTY COMMISSIONERS OF KERB
COUNTY, TEXAS:
SECTION 1: There is hereby granted by the County of
Kerr, Texas (herein called County) to Satcom Corporation
(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, maintair,
and operate in the present and ful:ure 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" acid incorporated herein for
all purposes, and its successors, necessary wiring, cables,
pales, underground conduits, and other apparatus for the
purpose of operating and extending to the citizens of the
County, ar,d the inhabitants thereaf, a system of exhibition
of mation pictures and other visua]_ 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 or ather 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, pales, 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 sha1:L, at all times, make and
keep full and complete plans, maps and records showing the
exact locations of all towers, polEas, lines, cables and other
equipment and facilities located a,~d 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 judgments growing
out of any injury tc+ any person or prc+perty as the result of
the violation or failure on the part of the Grantee, its
successors and assigns, to obserrve 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 in:atalled 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 witty the rights of the public
or individual property owner ar~d 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 unreasonable ab:struct or impede traffic.
SECTION 5: Tt,e County reser~~es 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, shell procure and furnish and
file with the County Clerk the fol~owing 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 5100, 00Q-. Q-Qt on any one
person and 5300, 0Qt0. 0~ far 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 exercised in the following manner:
tl) Service of notice upon the Grantee specifying with
particularity the acts or ommissions of Grantee
claimed to be a violation of tt,e provisions hereof.
(2) If Grantee shall not eliminate, cure or obviate
such failure or violation within sixty (60) days
after such notice, unless: 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 ti~~e County the sum of 510.00
per annum in advance.
SECTION 9: The rights, privileges and easements granted
and conferred hereby are granted or, the condition that
Grantee ar its successors ar as=signs shall begin work of
installing the service herein authorized within the period of
120 days from the effective date ofd this Order and that upon
failure of Grantee or its succe~:sors or assigns to comply
with said condition this grant may be terminated and na
longer be in effect.
SECTION 10: If any section, sentence, clause or phrase
of the Order is far 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 shall be
effective immediately upon its pass>age.
On motion by CommissioneY~ Baldwin, seconded by
Commissioner Ray and unanimously approved by t e Court. The
foregoing Order was passed this t:he 11th day of December
1989. ~"
ATTEST:
Patricia Dye Da y R.~Edwards
County Clerk County Judge
Kerr Coun Texas County, T xas
R. Gordon Mor an Glenn K. Hole~r mp
Commissioner, ecin #1 Commissi r, Precinct #3
Bill ay H. A. Baldwin
Commissioner, Precinct #2 Commissioner, Precinct #4
COMMISSIONERS' COURT MEETING AGENDA REQUEST
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PLEASE FURNISH ONE ORIGINAL AND SIX COPIES OF THIS REQUEST AND ANY
DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY:__ H_ A~ Baldwin ______________________OFFICE:__Ccxtuntssioner__Prec_^#4 ______
MEETING DATE: December 11~ 1989______________TIME PREFERRED: A.M. OR P.M.
SUBJECT: (PLEASE BE SPECIFIC) Consideration and approval_of granting Satcom Corp_ a
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permit to locate, construct, maintain, and operate a system of exhibition of visual and
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audible entertainment in homes and a community antenna system in but not lunited to Tierra
Vista Estates, Aqua Vista I & II, Valley Vista and Northwest Hills I & II
ESTIMATED LENGTH OF PRESENTATION:______ ____________________________
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PERSONNEL MATTER: NAME OF EMPLOYEE___,,________________________________________
NAME OF PERSON ADDRESSING THE COURT: H. A. Baldwin
TIME FOR SUBMITTING THIS REQUEST FOR COURT TO ASSURE THAT THE MATTER
IS POSTED IN ACCORDANCE WITH ARTICLE 6252-1? IS AS FOLLOWS:
MEETINGS HELD ON SECOND MONDAY OF THE MONTHs 5:00 P.M. Previous Wednesday__
MEETINGS HELD ON OTHER DAYS: 5:00 P.M. Four Work Days Before Meeting Date_______
AGENDA REQUESTS MAY BE MADE ON OFFICE STATIONERY WITH THE ABOVE
INFORMATION ATTACHED:
REQUEST RECEIVED BY:----------------------------------------------------------------
REQUEST RECEIVED ON: ------------------------------ @------A M=----P-M=------------
AGENDA REQUESTS WILL BE SCREENED BY THE COUNTY .TUDGE'S OFFICE TO DE-
TERMINE IF ADEQUATE INFORMATION HAS BEEN PREPARED FOR THE COURT'S
FORMAL CONSIDERATION AND ACTION AT NEXT COURT MEETING. YOUR CO-
OPERATION WILL BE APPRECIATED AND CONTRIBUTE TOWARDS YOUR REQUEST
BEING ADDRESSED AT THE EARLIES OPPORTUNITY.