HomeMy WebLinkAbout20042864.tiff RESOLUTION
RE: APPROVE TRANSFER OF CABLE TV FRANCHISE FROM GALAXY TELECOM LP,
NOW KNOWN AS GALAXY CABLE,INC.,DBA GALAXY CABLEVISION TO CHAMPION
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, the Board has been presented with a Transfer of Cable TV Franchise from
Galaxy Telecom LP, now known as Galaxy Cable, Inc., dba Galaxy Cablevision to Champion
Broadband, LLC between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, with further terms and conditions being as stated in said
resolution, and
WHEREAS,Galaxy Telecom LP, now known as Galaxy Cable, Inc,dba Galaxy Cablevision
("Galaxy"), is a cablevision company which currently holds a cable franchise with Weld County
("County"), originally granted to Chartwell Cable of Colorado, Inc. by Resolution #1881200 on
December 19, 1988, and subsequently transferred to Galaxy Telecom LP by Resolution#1881200
on December 19, 1988,and subsequently transferred to Galaxy Telecom LP by Resolution#941292
on December 21, 1994, and
WHEREAS,the cable franchise currently held by Galaxy Telecom LP,now known as Galaxy
Cable, Inc.,dba Galaxy Cablevision("Galaxy")was extended for one year by Resolution#2003-3358
on December 10, 2003, and is scheduled to expire on December 18, 2004, and
WHEREAS,GALAXY and Champion Broadband, LLC("Champion")are parties to an Asset
Purchase Agreement dated as of July 23, 2004 ("The Purchase Agreement"). The Purchase
Agreement provides for the purchase by Champion of the Assets of Galaxy at the closing of the
transaction, and
WHEREAS,pursuant to the provisions of the Purchase Agreement,Galaxy now request the
transfer of its franchise to Champion Broadband, LLC, and
WHEREAS, a copy of the Form 394 application by Champion Broadband, LLC has been
properly filed, and Champion Broadband, LLC is requesting the approval of the transfer of the
franchise from Galaxy to Champion,
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado:
SECTION 1
County hereby consents to the assumption by Champion Broadband, LLC of all of the
duties and obligations under the cable franchise currently held by Galaxy.
2004-2864
BC0034
(1O `. CA
TRANSFER OF CABLE TV FRANCHISE FROM GALAXY TELECOM LP, KNOW KNOWN AS
GALAXY CABLE, INC., DBA GALAXY CABLEVISION TO CHAMPION BROADBAND, LLC
PAGE 2
SECTION 2
County acknowledges that as of the date hereof, the franchise is in full force and effect,
the same as is held by, and the rights and privileges granted thereunder, inuring to the benefit of
Galaxy Telecom, LP now known as Galaxy Cable, Inc. dba Galaxy Cablevision. County knows
of no fact or circumstance at this time which constitutes or which, with the passage of time or
the giving of notice or both, would constitute a material default or breach under the franchise or
would allow County to cancel or terminate the rights thereunder, except upon the expiration of
the term of the franchise.
SECTION 3
That the approval hereby granted is given pursuant to the terms and provisions of the
franchise, but does not, however, constitute and shall not be construed to constitute a disclaimer
or waiver of any rights granted or any duties or obligations imposed by the franchise, except as
provided herein.
SECTION 4
That the franchise currently held by Galaxy was duly and legally adopted and approved by
the County, and that said franchise is hereby validated, ratified, and confirmed.
SECTION 5
That Champion Broadband, LLC shall be controlled at all times during its operation,
installation, and maintenance of the system pursuant to the franchise by all provisions of
Chapter 11 of Weld County Code, as amended, and that any such terms and conditions of said
Chapter 11 of the Weld County Code are incorporated herein as if fully restated.
SECTION 6
That Champion Broadband, LLC shall not assign the franchise granted herein, or any
right or interest contained therein, without the written consent of County; provided, however, that
Champion has the right to assign, mortgage, or pledge the franchise as collateral security for
any loan to purchase and/or operate the cable television system.
SECTION 7
That the sections of this Resolution are hereby declare to be severable, and if any
section, provision, or any part hereof shall be held to be unconstitutional or invalid or
unenforceable, such section, provision, or part shall be fully severable and this Resolution shall
be construed and enforced as if such section, provision, or part never comprised a part hereof
and the remaining sections, provisions, and parts hereof shall remain in full force and effect and
shall not be affected by any unconstitutional or invalid or unenforceable section, provision, or
part, or by its severance therefrom.
2004-2864
BC0034
TRANSFER OF CABLE TV FRANCHISE FROM GALAXY TELECOM LP, KNOW KNOWN AS
GALAXY CABLE, INC., DBA GALAXY CABLEVISION TO CHAMPION BROADBAND, LLC
PAGE 3
SECTION 8
That the transfer of this franchise shall become effective upon the closing of the
transactions contemplated under the Purchase Agreement, and upon Champion Broadband,
LLC giving written notice to the County within 30 days of the completion of the transaction that
the transaction has been completed.
WHEREAS, after review, the Board deems it advisable to approve said resolution, a copy
of which is attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said resolution.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of September, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
W L�LSTY CO, LORADO
ST: Medicif t�f�U^ n —
4 EL Robert D. Masden, Chair
my Clerk to the Boa 1861 (1' !ice _21 A-, -Y'
William H. J,�fke, Pro-Tem
- li°` �y1��/Clerk to the Board
APPROVED AS TO
EXCUSED
r-22Z7_7 David . Long
ountyAttornOy At AA
Glenn Vaad VV
Date of signature: // --/ -.51fi
2004-2864
BC0034
Memo to: Board of County Commissioners for Weld County
From: Cyndy Giauque, Assistant Weld County Attorney
Date: September 20, 2004
Re: Proposed transfer of Galaxy Cablevision Franchise to Champion Cablevision
Galaxy Telecom LP now known as Galaxy Cable, Inc. dba Galaxy Cablevision ("Galaxy")
currently holds a cable franchise with Weld County which our records indicate covers the area around
the River Valley Village Mobile Home Park located near Del Camino and the Enchanted Hills and
Casa Grande Subdivisions, for a total of less than 500 subscribers.
Galaxy's franchise was scheduled to expire December 18, 2003, but the Board of County
Commissioners extended the franchise for one year so that Galaxy could have enough time to locate a
purchaser of the cable company assets. The franchise is currently set to expire on December 18, 2004.
Galaxy did enter into an agreement to sell the assets to Champion Broadband LLC ("Champion").
Galaxy now seeks to have the franchise transferred to Champion.
Champion is a limited liability corporation, which essentially gets the legal protections of a
corporation, but may be taxed as a partnership. Champion is owned by Mark and Dave Haverkate,
who personally direct and manage the operation of the company. The company currently provides
cable service to over 10,000 customers who reside in Wyoming, suburbs of Los Angeles, and also in
parts of Denver and Lakewood, Colorado. Mark Haverkate states that he has been active in the cable
industry for over 26 years, holding various positions with different companies prior to starting his own
company in 1999.
The service being provided under this franchise is not expected to change as a result of this
transfer. We recommend approval of the transfer of the franchise.
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