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Home My WebLink About20131823.tiffRESOLUTION RE: APPROVE RENEWAL OF FRANCHISE AGREEMENT AND TRANSFER AND ASSIGNMENT OF FRANCHISE AGREEMENT FROM BAJA BROADBAND, LLC, TO TDS BROADBAND LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Baja Broadband LLC ("Baja"), owns, operates and maintains a cable television system (the "System") in Weld County ("Franchise Authority") pursuant to a franchise agreement (the "Franchise") which expired on January 1, 2012, and WHEREAS, Baja desires to have the expired Franchise renewed for a ten year period, and WHEREAS, Baja provides cable television services to approximately eight customers in unincorporated Weld County, and WHEREAS, Telephone and Data Systems, Inc. ("TDS"), a Delaware corporation, entered into an Asset Purchase Agreement dated as of February 25, 2013 (the "Purchase Agreement") with Baja Broadband LLC, pursuant to which Baja Broadband LLC, will sell and assign to TDS Baja Broadband LLC ("TDS Baja"), a subsidiary of TDS, the System, the renewed Franchise, and certain assets related thereto (the "Transfer"), and WHEREAS, Baja and TDS Baja have requested consent of the Franchise Authority to the Transfer, have filed an FCC Form 394 with the Franchise Authority, and have provided all information required by applicable law (collectively, the "Transfer Application"), and WHEREAS, the Franchise Authority has reviewed the request for renewal of the Franchise and finds that Baja has the legal, technical, and financial capability to maintain the cable system and has complied with all terms of the Franchise, and WHEREAS, the Franchise Authority has reviewed the Franchise Transfer Application and investigated the qualifications of TDS Baja and finds it to be a suitable transferee. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, as the Franchise Authority that: SECTION 1. The Franchise Authority hereby renews the Franchise in favor of Baja for a period of ten years from the effective date of this Resolution and authorizes the execution by the Franchise Authority of the Amendment to Franchise Agreement attached hereto and incorporated herein by reference. SECTION 2. The Franchise Authority hereby consents to the Transfer effective as of the date of the closing of the transactions contemplated under the Agreement (the "Closing Date"). V/5 cc; C4C„grad) 2013-1823 ORD94 APPROVE RENEWAL OF FRANCHISE AGREEMENT AND TRANSFER AND ASSIGNMENT OF FRANCHISE AGREEMENT FROM BAJA BROADBAND, LLC, TO TDS BROADBAND LLC PAGE 2 SECTION 3. This Resolution shall become effective immediately upon passage by the Franchise Authority. SECTION 4. The Franchise Authority hereby releases Baja, effective as of the Closing Date, from any and all obligations and liabilities under the Franchise arising from and after the Closing Date and TDS Baja shall be responsible for any and all obligations and liabilities under the Franchise arising from and after the Closing Date. SECTION 5. This Resolution shall have the force of a continuing agreement with Baja and TDS Baja, and the Franchise Authority shall not amend or otherwise alter this Resolution without the consent of Baja and TDS Baja. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of July, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD CQtMTY, COLORADO a ATTEST: Will Weld County Clerk to the Board BY: Deputy Cle to the Board APPR• =D AS TO F un y Atto ney Garcia, Chair Sean P. Conway Date of signature: 'JUL 3 0 2013 2013-1823 ORD94 Baja Broadband 1061 — 521 Corporate Center Drive Suite 100 Fort Mill, SC 29707 980.235.7660 fax 980.235.7601 Brad Yatabe Assistant Weld County Attorney 1150 O Street Greeley, CO 80632 VIA UPS Dear Mr. Yatabe: Broadband This letter is to confirm that we have sent notice of the public hearing to be held at the Board of County Commissioners Meeting starting at 9:00 am on July 15, 2013 in the Centennial Hearing Room at 1150 O Street, Greeley, CO. We mailed this letter of notice to all of our customers in unincorporated Weld County on June 28, 2013 to ensure that customers had ample prior notice of their opportunity to address the Board at this public hearing. Sincerely yours, Kathleen Davis VP — Regulatory Affairs 2013-1823 AMENDMENT TO DECEMBER 17, 1996, FRANCHISE AGREEMENT FOR THE PROVISION OF CABLE SERVICES WITHIN WELD COUNTY, COLORADO THIS AMENDMENT to the December 17, 1996, Franchise Agreement, is made and entered into this day of , 2013, by and between the COUNTY OF WELD, COLORADO, by and through the Weld County Board of Commissioners (hereinafter "County"), and BAJA BROADBAND LLC (hereinafter "Baja"). RECITALS WHEREAS, on December 18, 1996, County approved the Franchise Agreement dated December 17, 1996 which granted a cable television franchise to Fanch Cablevision of Colorado L.P. pursuant to the terms of Weld County Code Chapter 11, Article I; and WHEREAS, the term of the Franchise Agreement was for fifteen years from January 1, 1997; and WHEREAS, County approved the transfer of the Franchise Agreement from Fanch Cablevision of Colorado L.P., to U.S. Cable of Coastal -Texas L.P., in 1998; and WHEREAS, County approved the transfer of the Franchise Agreement from U.S. Cable of Coastal -Texas L.P., to Baja in 2011; and WHEREAS, the term of the Franchise Agreement expired on January 1, 2012; and WHEREAS, County approved the renewal of the Franchise Agreement for a ten year period in Weld County Resolution 13 , attached hereto as Exhibit A and incorporated herein by reference. NOW, THEREFORE, in consideration of the following mutual agreements and covenants, County and Baja hereby agree to amend the Franchise Agreement as follows: 1. Recitals. The above set forth Recitals are incorporated herein as if fully set forth. 2. Renewal of Franchise Agreement. The Franchise Agreement is hereby renewed for a period of ten (10) years from the effective date of Weld County Resolution 13 3. All Other Terms In Full Force and Effect. Except as provided herein, all other terms and conditions of the Franchise Agreement shall remain the same to and until the expiration of the term set forth herein, and are hereby ratified and affirmed. IN WITNESS WHEREOF, the parties hereto execute this Amendment on the day first above written. By: William Garcia Chair, Weld County Board of Commissioners JUL 15 2013 By: Fie Name: Peter Kahelin _ Title: CEO &L9%L --/fl NOTICE Pursuant to Chapter 11 of the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 1150 O Street, Greeley, Colorado, at the time indicated below, for consideration of granting the franchise renewal application of Baja Broadband LLC, including, but not limited to, non-exclusive rights to further construct or update a cable television system along the streets, alleys, and public ways of the County. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 336-7215, Extension 4226, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. DATE: July 15, 2013 TIME: 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: July 2, 2013 PUBLISHED: July 5, 2013, in the Greeley Tribune • NOTICE • • Pursuant to Chapter 11 of the Weld County Code, a public .: hearing will be held in the Chambers of the Board of County — = Commissioners of Weld County, Colorado, Weld County Can-, tennial•Center, 1150 O Street, Greeley, Colorado, at the time in- dicated below, for consideration Of granting the franchise renew - el application of Baja Broadband. LLC, indudng, but not limited to, non-exclusive rights to further construct or update a cable. • 'television system along the streets, alleys, and public ways of . the County. If a court reporter is desired, please advise the Clerk to the• . Board, in Writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting . . • • party. In accordance with the Americans with Disabilities Act, if , special accommodations are required In order for you to partici- pate in this hearing, please contact the Clerk to the Boarcrs Of- fice at (970) 336-7215, Extension 4226, prior to the day of the' hearing. The complete case file maybe examined in the office of the Clerk to the Board of County Commissioners, Weld County Ad- ministration Building, 1150 O Street, Greeley, Colorado 80631. E -Mall messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion. of your E -Mall cor- respondence into the case file, please send a copy to .egesickeco.weld.co.us.. DATE:July 15, 2013 TIME: 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: July 2, 2013 The Tribune . ..lul,/ 5, 2013 of said County of Weld, being duly sworn, say that T.am:an advertising clerk of .- . . -SHE GREELEY-TRIBUNE, =thatthesame-=is-a = daily -newspaper of general - circulation and printed and published in the City of Greeley, in said:county and state; that the notice or advice isemeii,=.of which the annexed is a true copy;:... - has been published in said daily newspaper -for consecutive (days): that the notice was published in the` regular. -and -entire -issue of every number of said - newspaper ...during . the period . and time :.of publication of, said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Fifth day of July A.D. 2013 and the last publication thereof: in the issue of said newspaper bearing the date of the Fifth day of July A.D. 2013 that said The Greeley Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3;1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. July 5, 2013 Total Charges: $7.40 My Commission Expires 6/14/2017 1-41- Zif‘ Notary Public ROBERT LITTLE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014018494 MY COMMISSION EXPIRES JUNE 14, 2017 ,a stlittsfsasr Hello