ITfa'M 2.3 Consider appl.ir,.at:ian of. TCI Cak~levision of Southwest TPXat: to usE~ ro~~d right.-af-ways an<~ authorize tree County ~7udge to sign same. This item was t.ak>led lout the apl~lir_:~tion was not suk~mit.ted t.o the Court so this item w~:~s passed t.o a later date. COMMISSIONERS' COURT AGENDA REQUEST * PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Franklin Johnston, P.E OFFICE: Road & Bridcle Department Leonard Odom. Jr. MEETING DATE: Auaust2, 1994 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC): Consider Application of TCI Cablevision of Southwest Texas to use road right-of-ways and sign same EXECUTIVE SESSION REQUESTED: YES NO XX PLEASE STATE REASON :Consider & sign right-of-way application ESTIMATED LENGTH OF PRESENTATION: 10 Minutes PERSONNEL MATTER -NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston P.E. _ Time for submitting this request for Court to assure that the matter is posted in accordance with Article 6252-17 is as follows: ` Meetings held on second Tuesday: 12:00 P.M. previous Wednesday ` Meetings held on Thursdays : 5:00 P.M. previous Thursday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Guidelines. _~ ~~ ti APPLICATION of TCI CABLEVISION OF SOUTHWEST TEXAS TO USE ROAD RIGHTS OF WAY STATE OF TEXAS } } COUNTY OF KERB } TO THE HONORABLE COUNTY COMMISSIONERS OF KERR COUNTY, TEXAS: TCI CABLEVISION OF SOUTHWEST TEXAS ("Applicant"), the owner and operator of a cable ("CATV") system for the distribution of television and other signals in Kerrville, Texas, being desirous of serving other areas of Kerr County, Texas, by the distribution to such areas of programs televised or broadcast by means of coaxial cable hereby files this Application io construct, erect, operate and maintain, in and upon, along, across, above, over and under the streets, alleys, public ways and public places,now or hereafter laid out, or dedicated, and all extensions thereof and additions thereto in Kerr County, Texas, ail poles, wires, cables, underground conduits, manholes, and other television conductors and fixtures necessary far the maintenance and operation of a CATV system in Kerr County, Texas, for the inception, sale and distribution of television and radio signals. Applicant hereby submits that the location of poles, towers and conduits will be fixed in such a manner so as to not unreasonably interfere with use of such roads, streets, alleys, public ways and public places and will submit plans for approval by the County Engineer prior to any construction. The plans must show that Applicant will not unreasonably interfere with the operation and maintenance of any public road as a result of their construction, operation, and maintenance of the CATV System.. II Applicant's use of the foregoing public ways and places shall in no way interfere with public travel or other public use of same and all such poles, wires, cables, guys, and other equipment which may be erected and/or installed by Applicant shall be placed at Applicant's sole risk and responsibility. III Applicant shall erect andlor install any wire or cable placed across any public way or place in such a manner, so that it complies with the requirements of the National Electrical Code and -1- - the Texas Department of Transportation "Utility Accommodation Policy" requirements, and any -- .other local, state, or national regulations relating to same. N Applicant further shall place and maintain in effect during the term hereof at its expense public liability and property damage insurance with endorsement in favor of Kerr County, Texas, in the minimum amounts of $500,000 for any single personal injury to any one person, $1,000,000 for personal injury in any one single accident, and $500,000 property damage for any one accident. V The permit here applied for shall extend for a period of fifteen (15) years from the date of approval by County Commissioners' Court. Respectfully submitted, ' TCi CABLEVISION OF SOUTHWEST TEXAS By: APPROVED this day of , 1994 KERB COUNTY COMII~IISSIONERS' COURT By: W.G. Stacy, County Judge Ray Lehman, Commissioner Precinct No. 1 ,.., T.H. Lackey, Commissioner Precinct No. 2 Glenn Holekamp, Commissioner Precinct No. 3 Bruce Oehler, Commissioner Precinct No, 4 Attest: Clerk of the County Court and Ex-Officio Clerk or the Commissioners's Court of Kerr County Texas 2