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Home My WebLink About820294.tiff F AR1913375 RESOLUTION RE: GRANT OF FRANCHISE TO SATELLITE COMMUNICATIONS CABLE TELEVISION, INC. 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, after a full and complete hearing on all aspects of the application of Satellite Communications Cable Television, Inc. , for a franchise to construct, maintain, and operate a cable o television system and distribution facilities and additions and ar removal thereto in, under, above, along and upon the road, highways, bridges, viaducts, easements for the public utilities in the unincorporated area of the County of Weld, and ..2 WHEREAS, after full discussion and due deliberation, the Commissioners of the County of Weld, herein called the "County, " oni find that the construction, operation and maintenance of a cable television system serving the County is consistent with the mL public interest, and specifically, with the establishment and healthy maintenance of television broadcast service within the unincorporated areas of the County, and WHEREAS , the granting of such franchise is, in the judgment of the Commissioners, conducive to the best interests of the inhabitants of the County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the franchise requested by Satellite Communications Cable Television, Inc. , its successors and assigns , herein called "Grantee, " a nonexclusive, revocable franchise to construct, maintain and operate such transmission and distribution facilities as may be reasonably required for or are , in any manner, incidental to the 820294 o transmission of signals, other than telephone company signals, by wire in and for the unincorporated areas of the County as its - corporate limits may from time to time exist. The permit and all rights granted hereunder shall continue for a period of fifteen - years from the effective date hereof, unless sooner terminated or - revoked. This grant shall be conditioned on Franchisee contracting the pole attachment agreements with applicable utility companies CC 0 and filing such agreements with the Weld County Clerk and Recorder prior to commencing construction of cable lines. This grant of franchise shall be subject to and governed by Weld County Ordinance No. 94 and as it shall be amended or succeeded. The above and foregoing Resolution was , upon motion duly made and seconded, was adopted by the following vote on the 24th day of November A. D. , 1982 . 'Lift `i *`, BOARD OF COUNTY COMMISSIONERS ATTEST: tO:u.r 0-�...v��k;'..:-i G:,ate r WELD COUNTY, COLORADO U Weld County Clerk and Recorder 4,41 J �/� ;R, and Clerk to the Board. John T. Martin,T. Chairman By; A72 Deputy County Clerk uck Carlson, Pro-Tem APPR✓ D AS T • Norman Carlson ounty Att rney A, it �t.-C- . W. Kir y ne K. St inmark -2- DATE PRESENTED: December 6 , 1982 GRANT OF FRANCHISE The County of Weld, State of Colorado, herein referred to as "Grantor, " hereby grants to Satellite Communications Cable Television, Inc. , herein referred to as "Grantee , " a franchise of scope and description as follows : Johnstown and Milliken System: - area south of Johnstown known as Mexican Colony. - area north of Johnstown known as Little Johnstown. - approximately 6 homes adjacent to Milliken Town line. Kersey System: - area south of Kersey known as Sandy Knolls Boulevard. Eaton, Ault and Pierce System: - approximately 5 homes adjacent to Town lines. The franchise is granted for a term of fifteen (15) years commencing on November 24 , 1982 . This franchise may be renewed for an additional ten (10) year term on such terms and conditions as may be described in Ordinance No. 94 of Weld County Ordinances or any subsequently amending Ordinances. This franchise shall go into effect when an acceptance of this franchise has been filed with the Clerk to the Board of County Commissioners and when a CO 0 bond or letter of credit has been filed and when a certificate of insurance has been filed with the Clerk to the Board of County Commissioners . This franchise shall not be assigned or transferred, either in whole or in part, or leased, sublet, or mortgaged in any manner, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person without the prior written consent of the County. This franchise shall be governed by the requirements of Ordinance No. 94 entitled, "AN ORDINANCE RELATING TO CABLE TELEVISION FRANCHISE, " or such other Ordinance that shall succeed amend Ordinance No. 94 . DATED December 6, 1982 1-711 „ • BOARD OF COUNTY COMMISSIONERS A EST: K' /' ; ,n . ' %r/ WELD COUNTY, COLORADO `{ Clerk Wekfl. Co nt Clerk and Recorder � �f ) and .C � k' to the Board '� BY: i14. /��i7. 11 ^^�� airman Deputy County Clerk ke...%-...."-*---41 ACCEPTANCE OF FRANCHISE This is to certify that Satellite Communications Cable Television, Inc. , has , on the /e±.-1day of Laws u , 1982 , accepted the franchise for cable television construction within the following described areas of the County of Weld: Johnstown and Milliken System: - area south of Johnstown known as Mexican Colony. - area north of Johnstown known as Little Johnstown. - approximately 6 homes adjacent to Milliken Town line. Kersey System: - - area south of Kersy known as Sandy Knolls Boulevard. ow ea Eaton, Ault and Pierce System: - - - approximately 5 homes adjacent to Town lines. and granted by the County of Weld, State of Colorado, as set Li OD Elf c. forth in Ordinance No. 94 of the Weld County Ordinances and such succeeding and amending Ordinances as shall be adopted by the County. Grantee agrees that it will be bound by and observe and co• o +' carry out the terms and conditions of such franchise. Grantee agrees to provide all services specifically set forth in its application to provide cable television service within the confines of the permit area, and further, its application is incorporated by reference and made a part of this franchise. Dated ntJt iU /f 1. ci, co SATELLITE COMMUNICATIONS CABLE TELEVISION, INC. By: i ' nSubscrib/ed and sworn to before me this <� day Af Gt/L///I Q hP G� t p J . 19 O� ,,,,,,i„i \ tVSPj ,,, Witness my hand and official seal. ,.c °c LL ,..•, Q -23 - Notary Public = 7 °i55 . My commission expires : "I,,' ,1 't`l i„, 7,64„)CC-. (P / ` f i 7` PERFORMANCE BOND Bond NoSC-R 386277 The premium for this bond is $ payable in advance and subject to adjust- FIREMAN'S FUND INSURANCE COMPANY ment at current manual rates. THE AMERICAN INSURANCE COMPANY tIC NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION FIREMAN'S FUND AMERICAN AUTOMOBILE INSURANCE COMPANY INSURANCE COMPANIES KNOW ALL MEN BY THESE PRESENTS: That we, SATELLITE CCNGZUNICATIONS CABLE TELEVISION, INC. as Principal, and F�r man' F trid Insurance Co. , a corporation organized under the laws of the State of California and duly authorized under the laws of the State of Colorado to become sole surety on bonds and under- taking, as Surety, are held and firmly bound unto WELDCOUNTY Weld County Attorney as Obligee in the full and just sum of Two Thousand Dollars, ($---2,000.00--), lawful money of the United States of America, to be paid to the said Obligee, successors or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, successors, administrators and assigns, jointly and severally, firmly by these presents. l'he Condition of the above Obligation is such that whereas the said Principal has entered into a contract of even date herewith with he said Obligee to do and perform the following work, to-wit: INSTALLATION CF CATV SYSTEM — is is more specifically set forth in said contract, to which contract reference is hereby made; Vow therefore, if the said Principal shall well and truly do the said work, and fulfill each and every of the covenants, conditions and 'equirements of the said contract in accordance with the plans and specifications, then the above obligation to be void, otherwise to emain in full force and virtue. Vo right of action shall accrue under this bond to or for the use of any person other than the Obligee named herein. — Sealed with our seals and dated this 10th day of December 19 32 SATELL mr COMMUNICATIONS CABLE TELEVISION, INC . o. BJ" iPaf . Fireman' s Fund Insurance Company Surety By //j// 17 2• Bettyl. rona Attorney-in-Fact 360039-5-65 GENERAL . PORT.?. OF . „TTORNE'n , F . MAN'S FUND INSURANCE COM ANY KNOW ALI.MEN BY THESE PRESENTS:That FIREMAN'S FUND INSURANCE COMPANY,a Corporation duly organized and existing under the 'laws of the State of California.and having;its principal office in the City and County of San Francisco.in said State.has made,constituted and appointed, and dues by these presents make, constitute and appoint BETTY H. ORONA PORTLAND, OR - its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name,place and stead, to execute,seal,acknowledge and deliver any and all bonds, undertakings. recognizances or other written obligations in the nature thereof • and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President. sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VIII,Section 30 and 31 of By-laws of FIREMAN'S FUND INSURANCE COMPANY now in full force and effect. . '-Article VIII,Appointment u.J Authority./Resident An,iauns Set retudn.and Al tmnev-in-Fat t Lind Arent,To or rcpt Legal Putties and Make Appearances. Section At.Appointment.The Chairman of the Board of Directors,the President.any Vice-President nr any other person authorized by the Board of Directors.the Chairman of the Board of Directors,the President or any Vice.Resident,may.from lime to time.appoint Resident Assistant Secretaries and Attorneys-In-Fact to represent and act for and on behalf of the Corporation and Agents to accept lent process and make appearances for and on behalf of the Corporation. • Section JI.Authority.The Authority of such Resident Assistant Secretaries.Attorneys-in-Fact.and Agents shall be as prescribed in the instrument evidencing their appointment,and any such - _ appointment and all authority granted thetehy may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY at a meeting duly called and held on the 15th day of July, 1966, and said Resolution has not been amended or —_• repealed: • "RESOLVED, that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of this Corporation,and the seal of this __ _ Corporation may be affixed or printed on any power of attorney. on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile.and any power of attorney,any revocation of any power of attorney. or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation. IN WITNESS WHEREOF. FIREMAN'S FUND INSURANCE COMPANY has caused these presents to be signed by its Vice-President, and its corporate seal to be hereunto affixed this 3rd day o{ Apri 1 . 19 �9 .,-,a hi Vii ' FIREMAN'S FUND INSURANCE�f� COMPANY o ,'OD ne .1 LADLADaue4�a� LAD sa- g d,y�^ILr1 By yri Vice President STATE OF CALIFORNIA, ss. CITY AND COUNTY OFSAN FRANCISCO }CO Li • On this 3rd day of April •19 79 before me personally came William W. Lauber — to me known, who, being by me duly sworn- did depose and say: that he is Vice-President of FIREMAN'S FUND INSURANCE COMPANY, the Corporation described in and which executed the above instrument:that he knows the seal of said Corporation:that the seal affixed to the said instrument - - is such corporate seal:that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written, OFFICIAL SEAL SUSiE K. GILEERT x � '1• ROTARY PIJ3LIC - C DFO,NIA .. - Notary Public c,/ art a COOwrY Of SAN FRANCISCO . _ _ — My Comm'tsion upir,t Hoy. 17, 1980 `D`4t CERTIFICATE ram ILLHpaWII lUU MIMMllU -- : . STATE OF CALIFORNIA, 1 - : 11-1 CITY ANU COUNTY O}'SAN FRANCISCO } ss. I. the undersigned. Assistant Secretary of FIREMAN'S FUND INSURANCE. COMPANY. a CALIFORNIA Corporation. DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked-. and furthermore that Article VIII, Sections 30 and 31 of the Hy-laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Puss et of Attorney, are now in force. Signed and sealed at the City and County of San Francisco. Dated the 1 0 day of December . 1982 - Assistant 8craary 350711 (HOI—FF-3.78 SATELLITE COMMUNICATIONS CABLE TELEVISION, INC. P. O. Box 465, Redmond, WA 98052 (206) 883-6258 November 24 , 1982 Board of Commissioners of Weld County P.O. Box 1948 Greeley, Colorado 80631 Dear County Commissioners : Satellite Communications Cable T.V. , Inc . is pleased to present its application for cable television franchise to operate and provide cable television services to residents of Weld County surrounding our existing cable systems . Satellite Communications has been operating its cable system in Johnstown and Milliken since August and is looking forward to expanding our cable plant to provide services to our Weld County neighbors . Our local manager, Rick Grenier, will be pleased to make himself available to answer any and all questions that may arise during consideration of our franchise application. Thank you for the opportunity you have presented to us in considering our cable television franchise application. S . rely, J ep M. Liebsack Pre 1:ent JML : cms cros t (7717 17 c,7?11 N0V 2 9 1982 \'vELD COUNTY ATTORNEY'S OFFICE SATELLITE COMMUNICATIONS CABLE TELEVISION, INC. P. 0. Box 465, Redmond, WA 98052 (206) 883-6258 December 13 , 1982 Mr. Russ Anson Weld County Attorney P.O . Box 1948 Greeley , CO 80632 Dear Mr. Anson : Enclosed please find formal Acceptance of Franchise as set forth in Ordinance 94 and as amended in Ordinance 94A relating to cable television service in Weld County . Thank you for your expedient processing and handling of this matter. Please feel free to contact me at any time if questions occur relative to our cable television franchise . Sincerely , Marci Stokke kim2i "A14 MS : sc Enclosure 31 andi •SENOERt?died d teaddress in the 'RETURN TO"Epeca on reverse. T (CONSULT POSTMASTER FOR FEES) i r.The following service is requested(check one). tit Show to whom and date delivered _0 0 Show to whom,date,and address of delivery —t a.❑ RESTRICTED DELIVERY —* (The resirkted rents deity re.) Is errgad hi addles le the turn r TOTAL TL_ S.ARTICLE AasuESSEc Ts: alte Communications 0. Box 465 i edmondteli, Washington 98052 . TYPE OF SERVICE: ARTICLE Mlle DnEoisnnvo ❑msimt ERES ❑cos 962-240 TIPI 0 EXPRESS MAN. (Always obtain signature of addressee or.agent) I have received the article described abov SIGNATURE O Addressee Authorized agent cr mac.`iltiDATE OP=ELOWY 1 CI it - ( S -b' ,- ,µP "'dAwn` iS.ADDRESSEES ACORNS 40:byawns) T.UNARE TO SKIVER INCASE& l T. EN'S is C/ • Affidavit of Publication STATE OF COLORADO, ) ss Count of Weld, 3 I YLG/-/_if d(c'_.t� of said County of Weld, being duly-swlen. say that- 1 am ub hero . ,/ `//� MIL fists _ Q.L /��/'- , !A_it/ ILNOTICE that the same is a weekly newspaper of general circulation ➢ rr d a published in the 'NOTICE town of `"� f‘1../ 414 -ass:OCKET NO:./f-IS in said county and state: that the notice cr other. tisement. of which the annexed is a true copy. Pwsepn. t° County Orals- has been published in said weekly newspaper ante ale.te,i kaemeng will be beet m me Caltailen of the laird for 7 consecutive of City, • CefaeeasUeee weeks that the notice was d Weld Casty. Calends, vow county published in the Cwttemlal 913 *It Street, regular and entire issue of every number of said OfweleY. *Itat me time I newspaper during the period and time of publi' inflated a trMlt dnee consideration cation of said notice and m the newspaper CommualCaNe1N Cable Television. proper and not in a supple:nent thereof: that the Inc.,NCIWinl MnexNUshe rights b construct « .came television first publication of said notice was contained in system abet the street►, alleys, the issue of said .vspaper bearing date the and Publicwa}s of the County. �/—a.— day of ,ill'. , A.C.. I9_seL Aepbeation materials may be ex- and the last publication mereof, in the issue ai amanita of Clerk to the Beard M tammksbnen, US/ _-newspaper bearing date, the //7 day at ,I loots°in f°County /7 Canton' L¢'-/e 2 y 19 that the said . Mal Canter,ofd WM.Sheet; Third Filer,Arual1Y.ONeeMa. O .12& �_'- �DATEk-NevembW M,1911 �Q .O]YL' TIME:1:ee F.M. has been published continuously and uninterrupt- edly during the period of at least fifty-two con- MOUSEY:Cable Television secutive weeks next prior to the first issue thereof Franchise containing said notice or advertisement above _ BOARD OF COUNTY referred to; and that said newspaper was at the COMMISSIONERS time of each of the publications of said notice. WELD Cf/1MTY,COLORADO duly qualified for that purpose within the mean. BY:MARY ANN FEUERSTEIN inq of an act, entitled. "An Act Concerning Legal WELD COUNTY CLERK AND Notices, Advertisements and Publications, and RECORDER AND CLERK .ip THE BOARD the Fees of Printers and Publishers thereof, and ,11 r -trot to Repeal all Acts and Parts of Acts in Conflict ,. ' dSEARS, with the Provisions of this Act." approved April 7. 0,.n.,,3, 1921, and all amendments thereof, and particu- DATES:-NevonnDS'a. i9B1 larly as amended by an act approved. March 30. Thursday rsdiyI1BI fella Leader 1923. and an act approved May 18 931. lb INN. t-'501,4. herrJ Subscribed and ;worn to before me this ...at./ of _. ..rLNir' A.D.. 19,-.'- My commission expires //- 7 -74 Notary QPublic 2W/y 'a2 -.4-2-/ %��i� ('a 4_ 4 Rick Grenier SATELLITE COMMUNICATIONS CABLE TELEVISIONS, INC. SATELLITE CABLE P.O. BOX 465 TELEVISION P.O. Box 356 • 10 So. Parish REDMOND, WASHINGTON 98052 Johnstown,(303) 5 7-4 80534 (206) 883-6258 (303) 587-4649 D wj1, CQprrr Mr. Russ Anson Weld County Attorney 0 �� P.O. BOX 1948 Greeley, Co 80632 CT $ 1982 Gg Dear Mr. Anson, FFCet eoto Thank you for the opportunity of discussing Weld County Ordinance 94, Cable Television Franchises, with you last week. Satellite Communi- cation Cable Television is pleased to make applications to provide cable television services to Weld County residents living in the immediate vicinity of its operating cable system. As we discussed, Satellite, a Colorado Corporation, presently provides cable television signals to residents of Johnstown and Milliken. We are in the process of finalizing franchise documents to provide cable television to the residents of Kersey. Construction is scheduled for late fall. In addition, Satellite has made application to provide cable television signals to the residents of Platteville and Gilcrest. Award of these two franchises is scheduled for mid-September. Finally, Satellite Communication Cable Television is pursuing opportunities to acquire additional franchises within Weld County. Satellite desires to provide cable television services to Weld County residents immed- iately surrounding each franchised community on a timetable consistent with the construction schedule designed to provide cable services to each community. Potential Homes Passed Johnstown & Milliken 980 Outside Johnstown and Milliken, Weld Co. 60 Kersey 335 Outside Kersey, Weld Co. 30 Platteville & Gilcrest 1,550 Outside Platteville and Gilcrest, Weld Co. 30 Satellite Communications has designed the cable system serving Johnstown and Milliken to bring fourteen basic channels of television programming to all subscribers. Satellite would propose to service its Weld County subscribers with identically the same programming as the nearby town residents would receive. This equal programming is possible because of the design characteristics of the system, whereby town and county residents would be "Fed" through the same cable distribution system. This proposal insures quality programming opportunities for the county cable subscriber. Satellite Communications presently has an office in Johnstown at 10 . Parrish Avenue. All operational and customer related activities will be handled from that office. A toll free number is available for all Satellite subscribers, whether in town or in the unincorporated Weld County areas. Satellite Communications presently provides its subscriber 14 program channels and one local access channel in its basic package - programming available to all cable subscribers. In addition, four premium channels are available to subscribers who choose to participate in the additional charge services. A channel card is attached for easy reference. As new services become available for programming options, each will be reviewed and discussed as possible additions to the program package for all subscribers. Satellite Communications has proposed to purchase a color video camera and a broadcast video tape machine to be available to all community re- sidents, for use in conjunction with the local access channel. Avail- ability of the equipment will be scheduled through Satellite's Johnstown office. Rates for county residents would be comparable to town residents for similar services. A copy of the current rate schedule is attached. The cable plant, as constructed and proposed for Weld County residents, is designed with channel capacity of 35 channels forward and 4 channels reverse. This particular design would facilitate two-way interactive features which may become available in the future as technology and economic conditions facilitate implementation. The cable plant is designed with emergency alert capabilities whereby audio notification can be provided to community residents in the event of an impending dangerous storm, flood or other servere weather warning, to distribute Civil Defense advice and to provide status reports of any accident at Fort St. Vrain Nuclear Power Plant. This capability is generally available through "Scientific Atlanta's Com-Alert" system, or comparable alert design. 2 The management and technical staff at Satellite Communication Cable Television have nearly fourty-five years of combined cable television expertise and experience. This experience has enabled Satellite to design a state-of-the-art cable television signal reception and distri- bution system to serve Johnstown, Milliken and potentially Weld County. In addition, the construction techniques and personnel utilized have built thousands of cable television miles. Pursuant to our discussion and your recommendation, Satellite Comm- unications Cable Television would propose passing a separate ordinance whereby Satellite Communication Cable Television could provide cable television signals to Weld County residents surrounding the several towns franchised to Satellite. The following discussion is presented for your review as proposed sections to Satellite's cable television ordinance. Grant. Acceptance and Effective Date. Sec.A. No term was noted. We would suggest 15 year term. Local Business Office: Service Maintenance Standards and Complaint Procedures Sec.A. ". . .shall maintain a local business office within 5 miles of the permit area. . ." Because the service area is contingent to local town franchises which are spread over 20 miles, we would suggest wording whereby Satellite would provide operational and customer relation activities from its central office in Johnstwon. In addition a toll-free telephone would be avail- able to all town and county cable subscribers. A telephone message re- corder is available after regular business hours, 8:30 a.m. to 5:00 p.m. , so service messages can be left for next day attention. The recorded messages are monitored periodically for outage reports which will promptly be handled by Satellite's service technicians. Letter of Credit/Cash Deposit Sec. A. ". . . .The Company shall deposit. . . .cash or an irrevocable letter of Credit in the amount of Two Thousand dollars. . .". In view of the relative size of the proposed franchise area within Weld County, we would propose to eliminate the necessity of all sections under this heading. Instead, Satellite would suggest a performance bond of $2,000, and the following wording: "Within ten (10) days after award of this franchise to Satellite Communications Cable Television for a cable television operaton granted pursuant to this ordinance, Satellite shall provide Weld County with an irrevocable Performance Bond in the amount of Two 3 Thousand Dollars ($2,000.00), the form and content of which shall be approved by the County attorney." Construction Bond Sec. A. ". . .a corporate surety bond. . .an amount to be determined by the county. . ." Again, in view of the relative size and varying construction timetables, we would suggest the following: A. "Within thirty (30) days. . . , a corp- orate surety bond from a company. . . , in the amount of Two Thousand Dollars ($2,000.00) to guarantee the timely construction and full activation of the cable television system." Rate/Special Monthly Service Rates/Deposits Sec. A-F. Satellite would like to propose that the rates for Weld County residents be the same as each surrounding or nearby town; since, as we discussed, all town and county subscribers would be re- ceiving similar signals. If, for example, an opportunity for additional programming became available to town residents for a increase in sub- scriber rates, then county residents would automatically receive the additional programming. The county cable television subscribers should naturally then pay the same increased subscriber fee as their town neigh- bor down the street. We would propose, therefore, that rate increases be adjusted as nearby town resident rates are adjusted. Naturally, a letter to the county commission advising of the rate increase would be expected from Satellite with at least 30-days notice to the county for any rate adjustments. In addition, a schedule of rates could be filed periodically with the county clerk. Construction Timetable Sec. A & B. Satellite Communications would propose to build its county franchise areas at the same time that each nearby town's cable system was developed. County areas surrounding Johnstown and Milliken could be de- veloped at any time since the cable system presently serving these towns are complete and operating. The county residents surrounding Kersey could receive cable television signals at the same time the town residents receive cable since the system is in the design stages now and the county area could be easily included in the design. Regarding the Platteville and Gilcrest extensions, Satellite is presently in the bid and evaluation process with the two towns. If these two franchises were awarded to Satellite, the design stage could easily accommodate the surrounding county area and construction of the town and county areas completed simultaneously, according to the requirements of each town. In summary, Sections A & B could be modified as follows: 4 "Construction of the cable system within the franchised areas of Weld County will be completed at the same time and under the same schedule constraints as the adjoining town." Fiscal Reports ". . .copy of financial report, including an income statement applicable to its operations during the preceding twelve (12) month period, a balance sheet, and a statement of its investment. . ." Again, as pointed out previously, Satellite Communications would propose to provide cable to only 140 homes surrounding several small towns within the Weld County boundaries. To separate the balance sheet items applicable to these 140 homes would be particularly burdensome at the proposed basic rates suggested. In addition, even though revenue accounting can fairly easily be accommodated, the expenses applicable to Weld County residents would be based on a percentage of subscribers and plant miles and, there- fore, more difficult to achieve. Satellite would propose to reword this section as follows: "The company shall file annually with the County Clerk, no later than 120 days after the end of the company's fiscal year, a summary of income relative to the county operating system in Weld County, upon which franchise fees are determined, for the preceding twelve (12) months. There shall be submitted along with such report other in- formation reasonably available regarding the company's properties and expenses relative to its operations within Weld County." Transfer of Ownership or Control We would propose the following wording be implemented under this section of the franchise, which is similar to other franchises in Weld County. "All of the rights and privileges and all of the obligations, duties and liabilities created by this franchise shall pass to and be binding upon the successors of the County and the successors and assigns of Grantee; and the same shall not be assigned or transferred without the written approval of the County Council, which approval shall not be unreasonably withheld; provided, however, that this section shall not prevent the assignment or hypothecation of the franchise by Grantee as security for debt without such approval; and provided further that trans- fers or assignments of this franchise between any parent and subsidiary corporation or between entities of which at least fifty percent (50%) of the beneficial ownership is held by the same person, persons, or entities shall be permitted without the prior approval of the County Council." Renewal We would propose the following wording be implemented under this title: "A. This franchise for cable television service shall, upon application by the company, be renewed by the Board of County Commissioners for a period not to exceed ten (10) years, if, upon a review of the company's performance during the initial franchise term, it is determined that such a renewal would be in the County's best interest. 5 B. In considering whether such a renewal, pursuant to this provision, is in the best interest of the county, the Board of County Commissioners shall examine and consider: 1. Past performance by the company. 2. Reports prepared throughout the life of the franchise. 3. Complaint resolution procedures. The companys request for renewal would be approved by the Board of County Commissioners, unless it was determined by them that the company had been substantially deficient in the areas noted above. C. No renewal under this Section is to in any way limit or restrict the ability to award other franchises for Cable Television services pursuant to this Ordinance. D. Any renewal of the franchise pursuant to this Section shall be done in accordance with the then existing rules and regulations of the Federal Communications Commission. E. Any application for renewal made by the company shall be considered by the Board of County Commissioners no later that 60 days prior to the expiration of the intial franchise term." Satellite Communications is confident it can meet and respond to the cable television needs of Weld County residents, both inside and outside town jurisdictions, and is pleased with the opportunity to provide information to bring state-of-the-art television to Weld County. Satellite is,needless to say, anxious to respond to further requests of Weld County in an effort to expediously handle this matter. Please feel free to call at your convenience, (206) 883-6258. After you have had an opportunity to review the above material, I would appreciate hearing from you regarding continuing the franchise award process. Very truly yours, Satellite� Communications Cable Television, Inc. pAte: Marci Stokke MS:cs SATELLITE COMMUNICATIONS RATE PACKAGE Basic Service $ 9. 95/month *Premium Service (Basic Plus one premium) $18 . 95/month *Dual Premium Service (Basic plus two premiums) $ 25 . 95/month *Tri-Premium Service (Basic plus three premiums) $31 . 95/month *Four-tier Premium (Basic plus four premiums) $36. 95/month Installation for 1st set $10 . 00 Extra Outlets at Initial Installation 10. 00 Extra Outlets after Initial Installation 15 . 00 Service for Additional Outlets 3 . 00/month per set Service for Premium Levels on Additional Outlets None Reconnect Charge 15 . 00 Disconnect Charge None Converter Deposit 20. 00 *Premium Channels Offered Home Box Office Showtime Galavision Cinemax SATELLITE COMMUNICATIONS PROGRAM PACKAGE Channel Call Letters Origination 2 KWGN Ind. , Denver 3 Weather/Time 24/hr. local channel 4 KOA NBC-Denver 5 KVCU Ind. ,Cheyenne 6 KRMA PBS Denver 7 KMGH CBS Denver 8 ESPN Sports Satellite 9 KBTV ABC Denver 10 WGN Chicago via Satellite 11 USA Network Satellite 12 KBDI Ed, Broomfield 13 Nickelodeon Satellite 14* Home Box Office Satellite 15* Cinemax Satellite 16* Showtime Satellite 18 WTBS Atlanta via Satellite 20* Galavision (Spanish) Satellite 12 SIN (Spanish) Satellite 22 Local Access/Educational 25 Cable News Network Satellite 27 Christian Broadcast Network Satellite *Premium Channel SATELLITE COMMUNICATIONS CABLE TV, INC. (A Development Stage Enterprise) BALANCE SHEET AT DECEMBER 31, 1981 (Prepared internally for management use only) Current Assets $ 28,921 Property, Plant and Equipment, at cost 4,692 (less depreciation) Other Assets 53,135 Total Assets $ 86,748 Liabilities Accounts Payable F, Accrued Expenses $ 18,202 Notes payable 66,000 $ 84,20! Total Liabilities Stockholders' Equity $ 2,546 Total Liabilities $ Stockholder Equity $ 86,748 01.' C0?LAITY ettINSS1 GREELEY. COLD. ( 9 ) SATELLITE COMMUNICATIONS CABLE TELEVISION , INC . Preoperating Balance Sheet at July 31 , 1982 (Prepared internally for management use only) ASSETS Current Assets $3 ,909 Property Plant and equipment at cost $277 , 504 Other Assets $63 , 597 TOTAL ASSETS $345 , 010 LIABILITIES Accounts Payable , Accrued expenses $12 , 717 Notes Payable $400 , 668 TOTAL LIABILITIES $413 , 385 Stockholders Equity ( $68 , 375) Total Liabilities and Stockholders Equity $345 , 010 ( 1 ) APPLICANT : Satellite Communications Cable Television , Inc . 10 South Parish Avenue P .O. Box 356 Johnstown , Colorado 80534 (2 ) Satellite Communications Cable Television , Inc . presently has an office in Johnstown at 10 South Parish Ave . All operational and customer related activities will be handled from the office . A toll free number is available for all Satellite subscribers , whether in town or in the unincorporated Weld County areas . The office hours are from 8 : 30 to 5 : 00 , Monday through Friday . We currently have two secretaries answering phones and performing duties of administration . Two technicians , one full time , one part time , to answer all service calls and perform system maintenance . A general manager , who is also the systems engineer for Satellite , directs operations and gives assistance to system technical problems when needed . ( 2) Johnstown and Milliken System SATELLITE COMMUNICATIONS CABLE TELEVISION 10 S . Parish P .O. Box 356 Johnstown , Colorado 80534 587-4649 BASIC SERVICE • WON DENVER Independent KOA DENVER NBC KYCU CHEYENNE NBC , CBS KRMA DENVER PBS KMGH DENVER CBS KB'1'V DENVER ABC KBDI BROOMFIELD Independent Local Acess Channel ESPN NEW YORK " 24" Hour SPORTS WON CHICAGO SUPERSTATION USA Network NEW YORK SPORTS & SPECIALTY NICKELODEON NEW YORK CHILDREN WTBS ATLANTA SUPERSTATION SIN NEW YORK SPANISH NETWORK CNN NEW YORK " 24" Hour NEWS CBN NEW YORK RELIGIOUS Weather & Time Channel PREMIUM CHANNELS HOME BOX OFFICE NEW YORK MOVIES & SPECIALS CINEMAX NEW YORK MOVIES " 24 : Hours SHOWTIME NEW YORK MOVIES & SPECIALS GALAVISION NEW YORK SPANISH MOVIES ( 2 ) KERSEY SYSTEM KWGN Channel 2 KOA Channel 4 KYCU Channel 5 KRMA Channel 6 KE.ihl Channel 7 KBTV Channel 9 KBDI Channel 12 CBN Christian Broadcast NICKELODEON Childrens ESPN Sports WGN Chicago WTBS Atlanta CNN News HBO Premium CINEMAX Premium Local Access ( 2 ) Eaton ,Ault and Pierce System KWGN Channel 2 KOA Channel 4 KYCU Channel 5 KRMA Channel 6 KMGH Channel 7 KBTV Channel 9 KBDI Channel 12 CBN Christian Broadcast NICKELODEON Childrens ESPN Sports USA NETWORK Sports & Specialties WGN Chicago WTBS Atlanta CNN News HBO Premium CINEMAX Premium KAZXEG SIN LOCAL ACCESS WEATHER & TIME ( 3 ) In Johnstown/Milliken system and the Eaton/Ault system , we are offering an alfa-numeric automated weather channel having the capacity of 28 pages to give local and regional news , listings of programs , announcements , ads , date engagements of various town and county meetings . There will also be a local channel for public , municipal and educational access . The following video equipment will provide production capability to fully utilize this channel : SONY HVC-2200 Color Camera SONY SLO-340 Betamax Portable Video Cassette Recorder SONY VCT-20AC Tri-Pod SONY BP-60 Batteries for SLO-340 SONY HVA-200 AC Adapter SONY CCK-10 Cable SMITH-VICTOR K2R 1800 Watt Quartz Lighting Kit AC Adapter PANASONIC WM-1150 Microhone Omni-Directional PANASONIC WM-C10 Audio Cable ( 4 ) The staff at Satellite Communications Cable Television Inc . will provide education on the use and care of the production equipment . We will lend any assistance needed to insure the equipment is fully • utilized . At this time we have not set aside any funds to support any production with our own staff . ( 5 ) SATELLITE COMMUNICATIONS CABLE TELEVISION , INC . SERVICE AND RATES SERVICE INSTALLATION MONTHLY BASIC $20 . 00 $9 . 95 PREMIUMS *Basic plus one premium $18 . 95 *Basic plus two premiums $25 . 95 *Baisc plus three premiums $31 . 95 *Basic plus four premiums $36 . 95 Extra outlets at initial install $10 . 00 Extra outlets after initial install $15 . 00 Service for additional outlets $3 . 00 Service for premiums on additional outlets NONE Reonnect charge $15 . 00 Disconnect charge NONE Parental Lock Box (None at time of install) $1 . 00 Converter Deposit (Refundable) $20 . 00 ( 6) Joseph M . Liebsack , President 7658 159th Place N . E. , Redmond , Washington 98052 Oliver J . Longnecker , Secretary/Treasure 7658 159th Place N . E . , Redmond , Washington 98052 Directors : Joseph M. Liesack Oliver J . Longnecker Edward A. Schenck Date of Incorporation : November 1980 Date of last annual report : No date Satellite Communications Cable Television , Inc . is licensed through the State of Colorado to do business . ( 6) 4Sill4114JS ' d ryI,. .r * I)ILEAItTA1 ENT OF Njf CERTIFICATE. STATE <9, MARY ESTILL BUCHANAN , 9''ecee/a4y of Plate of the <`/l1de of roletado i,e'u4y codify lh01 //e /aie'reyalor'/ca / ate (:).illt?ce 01 114 ce2/6f cale i,flVe /-tow //I/////Pa' in coin/lraare a-l'// taii' and noe Henri to ccn/ 'ne' k /an:. !Venn/11w/y, the tenck4otynea. /y r-t2/ne of //e autluidy veiled in me 4, law, 1e2e4g t40ue4 A CERTIFICATE OF INCUFPORATION ICU =ATELLITE COIIMLINIC:ATIONS CABLE TELEVISION, INC. `` � C 0 i ti;> r, .7 t i " Sy Yus'�� a / �s'Nc ��i . r 77ca La-n_ "�-- ,71,.._ SECRETARY OF STA ,1-8-7 6 DATED I1Ci'vEMBER 25, 1900 ( 7 ) NON-APPLICABLE ( 8 ) NON-APPLICABLE ( 9) Financial statement is forthcoming with officers signatures . Should be arriving tomorrow ( 11-14-82) . ( 10 ) All Satellite ' s systems are designed for the capability of 35 channels forward and 4 channels in reverse . This two-way service with the addition of a few minor electronics , would be capable of such two-way interactive features as security control , electronic data distribution , power management , educational resonse , polling and many other services which may become a reality in the near future . ( 11) Board of County Commissioners Weld County , Colorado Dear Board Members , I have read ordinance #94 and confirm that all the requirements for the planned network and operations will be met . Sincerely, )ti rd{ M. nier Gre Systems -Engineer Satellite Communications Cable Television , Inc . ( 12) Johnstown , Colorado ordinance #330 , signed October 1 , 1981 , completed July 1 , 1982 . Mayor Dick Salberg (Phone number 587-4664 ) . Milliken , Colorado ordinance # 151 , signed October 6 , 1981 , completed July 8 , 1982 . Mayor Mervin Martin (Phone number 587-4331) . Eaton , Colorado ordinance # 3600 , signed November 10 , 1980 , Cable TV of Eaton and Ault purchased by Satellite Communications Cable Television , Inc . September 8 , 1982 , tai Town Administrator Gary Carsten (Phone number 454-3338 ) . tidsaw Ault , Colorado ordinance signed January 20 , 1981 , able TV of Eaton and Ault purchased by Satellite Communications Cable Television , Inc . September 8 , 1982 Town Administrator Gary Carsten (Phone number 454-3338 ) . Pierce , Colorado ordinance # 1-82 , signed January 11 , 1982 , . j Resolution to change franchise from Cable West Corporation c /Df2 to Satellite COmmunications Cable Television , Inc . 4 (dated 8-10-82 ) , anticipate completion of system December 15 , 1982 . Mayor George Fisher (Phone number 834,2851) Kersey , Colorado ordinance # 158 , signed July 6 , 1982 , 604 anticipate completion by December 23 , 1982 Mayor Max Fox (Phone number 353-1681) . J / _ _ y ( 13 ) None of Satellite Communications Cable Television , Inc . officers has ever been convicted of any felony . ( 14 ) Satellite Communication Cable TV would bring in over 25 years of cable expertise to the citizens of Platteville through it ' s President, System Manager and Chief Technician. Joseph M. Liebsack, President of Satellite Communications Cable TV, has had fifteen years of cable operations and plant construction experience. At Satellite, responsibilities include system development, maintenance, construction and marketing for new cable television operation in Johnstown, Milliken and Kersey, Colorado; evaluation and negotiation of potential franchise or system acquisitions relative to operations costs , system design, potential development , and funding; supervise all new system design and construction techniques; review channel packages and development; review and approve all contractural obligations. Between 1976 through 1981, Mr. Liebsack served as Vice President of Operations for McCaw Communications Companies, Inc. , a multi-system operator, operating ten cable television systems in the Pacific Northwest . Responsibilities as Vice President of Operations included all aspects of operations for ten in- dividual cable systems operating under jurisdiction of thirty separate franchising authorities throughout the states of Alaska, Washington and Oregon; participated directly in design of 35 channel cable system for new franchise area which included two-way capabilities, state-of-the-art electronics and multi- channel satellite programming; developed and directed plant rebuild programs totaling several hundred miles to facilitate 20 and 35 channel capacity systems from 12 channel systems, to provide satellite program options for customers and to improve picture quality and system integrity. In addition, established policy and procedures for operational and administrative departments; developed and approved operating and capital budgets totaling four million dollars yearly; pro- cured and supervised purchase order system; met periodically with city, county and/or state franchising representatives relative to ongoing relationships between the community and the cable system; developed and supervised various marketing campaigns designed to bring better service and programming to cable customers ; developed and supervised professional, admini- strative and corporate staff as growth and requirements dictated; reviewed monthly financial statements and data for operational control . Continually evaluated and negotiated potential franchise and/or cable system acquisitions throughout the northwest ; and assisted in funding negotiations with representitives of various institutions. Frontier Color Cable , Inc. Fairbanks , Alaska Vice President of Operations ( 14 ) Joseph M. Liebsack Whatcom County Cablevision, Inc. Ferndale, Washington • Vice President of Operations Twin City Cablevision, Inc. Centralia, Washington Vice President of Operations Whidbey Island Cablevision, Inc. Langley , Washington Vice President of Operations Yakima Valley Cablevision, Inc. Union Gap, Washington Vice President of Operations • St . Helens Cablevision, Inc. Scappoose, Oregon Vice President of Operations Okanogan Valley TV Cable, Inc. Omak, Washington Vice President of Operations Ketchikan Alaska Television, Inc. Ketchikan, Alaska Vice President of Operations Sitka Alaska Television, Inc. Sitka, Alaska Vice President of Operations Cle Elum Cablevision , Inc. Cle Elum, Washington Vice President of Operations King County Cablevision Edmonds, Washington General Manager Power Line Construction Seattle, Washington Operations Manager Northwest Cablevision Seattle , Washington Plant Manager ( 14 ) Rick Grenier , Systems Engineer , has ten years experience in the cable T.V. industry . He has completed courses at the University of Alabama in CATV construction , is a graduate of Colorado Electronic Technical College in community television and Hartford State Technical College in electrical engineering , . In the State of Connecticut he was involved with United Cable Television Corporation of Connecticut from its inception to completion . Prior to his present postion , Rick was a system manager for the South and West Systems of United Cable of Colorado and was directly involved with the building of the Tri-Town area of Fredericks , Dacono, and Firestone. He is presently the System Manager of the Johnstown/Milliken and the Eaton/Ault systems . He is supervising and co-ordinating the construction of Pierce and Kersey . ( 15) NON-APPLICABLE ( 16 ) Description of the boundaries of the proposed areas of service : Johnstown and Milliken System -area south of Johnstown known as Mexican Colony. -area north of Johnsotwn known as Little Johnstown . -approximately 6 homes adjacent to Milliken Town line . Kersey System - area south of Kersey known as Sandy Knolls Boulevard . Eaton , Ault and Pierce System -approximately 5 homes adjacent to Town lines . NOTICE DOCKET #82-75 Pursuant to Weld County Ordinance No. 94 , a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, at the time indicated below, for consideration of granting a franchise to Satellite Communications Cable Television, Inc. , including non-exclusive rights to construct a cable television system along the streets , alleys , and public ways of the County. Application materials may be examined in the office of Clerk to the Board of County Commissioners , located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DATE: November 24 , 1982 TIME: 2 : 00 P . M. REQUEST: Cable Television Franchise BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: JEANNETTE SEARS , DEPUTY J m a L - � » I » I « ., 2 o C rn Lie Leader O p v u o� ro - V W Sa u O Si NIi =m -H 4J i, 6 J i wa �� C �= w I.- ,3 z a, EE W wa N • •G' rw ≥ Ias y I O tZ d U . W Ow Cu, O� Op� W CD m Sw¢ o'' u3 D o 33 3,& ow ooe c //sic L I Q7 wi- a')i QY W o og s v z i C ILcc N rrl b W J< - ,* baa> 3> ao 'UC C e / �/ 7 US co ,� aC Iww S aiY a a I! }ny • ,-A a d J - IS « u ., ' u i N a rol � -C I I / c N I Cy �p LA L, tua NW oa CU! r » ! I , M 5 'c xRf .,1 0' Io 0 0 W aZ 0 Q� > ¢ o aN o" u N ¢ <= ` W II g LLD U �zm O a 1 w , o2 o„ o� ooE, 2 O I ¢ wWo or, ww aeC wtiv . oc S p c�zd v x , - al, . z � . as �.( LL corn yJ a c 3F o`er o'--z o¢¢ a s p� Q I"' �� m 0 w .y w� mao I�'J6'a Ihas < 0a L " > O. ?z o zit, c w I� , 331AUS 141333H NN013li w Y I.� 1 ii W v yJ W a '� 4 V z z ro z• n S3016N3S 1VN011d0 F I. O ❑ ❑ .. a s W L. Ib"' I 8 S33i NJ N31SVRtSOd 11NSNO3 0 2 p4 y j " M�_'i TURN RECEIPT,REGISTERED,INSURED AND CERTIFIED MAIL 9[61 'RIV.008(anod Sd Hello