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HomeMy WebLinkAbout850537.tiff AR1999896 RESOLUTION RE: GRANTING FRANCHISE TO JONES TRI-CITY INTERCABLE, 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 Jones Tri-City Intercable , Inc. , for a franchise to construct, maintain, and operate a cable television system and distribution facilities and additions and removal thereto in, under, above, along and upon the road, highways , bridges, viaducts , easements for the public utilities in a portion of the unincorporated area of the County of Weld, more particularly described in Exhibit A attached hereto and incorporated herein by reference, and WHEREAS, after full discussion and due deliberation, the Commissioners of the County of Weld, herein called the "County, " find that the construction, operation and maintenance of a cable television system serving the County is consistent with the public interest, and specifically, with the establishment and proper maintenance of television broadcast service within the unincorporated areas of the County, and WHEREAS, the Board of County Commissioners of the County of Weld recognizes that Jones Tri-City Intercable, Inc. will be serving only a small area in Weld County, will serve less than 500 subscribers in Weld County, and that its principal area of service is within the City of Brighton, County of Adams, State of Colorado, and WHEREAS, the applicant has presented facts sufficient to assure that access to cable service will not be denied to any group of potential residential subscribers because of the income of the residents of the local area in which such group resides, 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, and B 1059 REC 01999896 02/26/85 10: 07 $0. 00 1/003 F 1317 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 850537 Page 2 RE: GRANT CABLE TV FRANCHISE WHEREAS, the applicant has presented facts sufficient to persuade the Board of County Commissioners of the County of Weld, to invoke the WAIVER OF REQUIREMENTS heading of Ordinance 94-A amending Ordinance 94 in a limited manner as hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Jones Tri-City Intercable, Inc. , a Colorado corporation, its successors and assigns, is hereby granted 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 transmission of signals, other than telephone company signals , by wire in and for the unincorporated areas of the County, designated in Exhibit A. This franchise 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 of franchise shall be subject to and governed by Weld County Ordinances No. 94 , No. 94-A and No. 94-B as the same shall be amended or succeeded, subject to the following exceptions hereby granted pursuant to the WAIVER OF REQUIREMENTS heading of Ordinance 94-A amending Ordinance 94 : 1 . Upon application, the County may waive the hearing requirements of paragraph D, Sections 2 through 7 , RATE/SPECIAL MONTHLY SERVICE RATES/DEPOSITS , if it determines that the rate requested is identical to and has been approved by the City of Brighton for subscribers within said city, after a public hearing which substantially comports with the due process requirements of this heading. 2 . The franchise fee as set forth in the FRANCHISE FEE heading shall apply only to the gross revenues of the company received from subscribers in Weld County. 3 . Section B of heading COMPANY SERVICES shall be met by company' s inclusion of announcements of public interest on their public access channel in operation for the City of Brighton. 4 . Section C of heading COMPANY SERVICES shall be met by the availability of all company facilities and equipment, B 1059 REC 01999896 02/26/85 10: 07 $0. 00 2/003 F 1318 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Page 3 RE: GRANT CABLE TV FRANCHISE available to the City of Brighton for utilization within the franchised area as contemplated by said section. 5 . Sections B and C of heading EMERGENCIES are waived as to this franchise and Section A shall be met by making company' s facilities available to the City of Brighton in accordance with the terms thereof. The above and foregoing Resolution was, upon motion duly made and seconded, adopted by the following vote on the 20th day of February, A.D. , 1985 . //// nn.t 7 BOARD OF COUNTY COMMISSIONERS ATTEST: r� a <� WELD COUNTY, COLORADO Weld County lerk and Recorder and Clerk to the Bog d J e ne Jo son, Chairman By: SYV��I eJ LGeJ b put .-Co Aty erk ene R. Bra ner, Pro-Tem PRE A C. W. IfirS* County Attorney • .r. r '�% Lacy • ran Y, aguch ' B 1059 REC 01999896 02/26/85 10: 07 $0 . 00 3/003 F 1319 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO HEARING CERTIFICATION DOCKET NO. 85-5 RE: CABLE TELEVISION FRANCHISE, JONES TRI-CITY INTERCABLE, INC. A public hearing was conducted on February 20, 1985, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gene Brantner, Pro-Tem Commissioner C.W. Kirby Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Michael Kelley The following business was transacted: I hereby certify that pursuant to a notice dated January 28, 1985, and duly published February 7, 1985, in the La Salle Leader, a public hearing was conducted to consider granting a cable television franchise to Jones Tri-City Intercable, Inc. Mike Kelley, Assistant County Attorney, explained this request and stated that the necessary documentation had been submitted and the application appears to be in order. Mr. Kelley stated that Jones Intercable is requesting that certain requirements be waived, since they will be serving less than 500 subscribers in Weld County. This application will allow them to serve a mobile home park, with their main service being in the City of Brighton. Bill Sisk, system manager for Jones Intercable, came forward to answer questions of the Board. Dwight Thompson, manager of Sylmar Mobile Home Park, also came forward to answer questions. Commissioner Brantner moved to approve the cable television franchise for Jones Tri-City Intercable, Inc. and waive the requested requirements, and reviewed the criteria to be considered in granting such franchise. The motion was seconded by Commissioner Kirby. Discussion was held about the requirements to be waived, after which the motion carried unanimously. APPROVED: n 1 BOARD OF COUNTY COMMISSIONERS ATTEST: (� ws 7 WELD COUNTY, COLORADO Weld County Clerk and Recorder . .\ and Clerk to the Board �Jc.tPro-Lm q e Jo sun, Chairman Duty County Clerk / C.W. Kir Frank Yama c TAPE #85-15 DOCKET #85-5 ORD 94 ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : DOCKET # 85-5 - Jones Tri-City Intercable, Inc. , Cable Television Franchise DOCKET #85-8 - Pannagreen Products Canpany, USR-Fertilizer operation DOCKET #85-9 - Weeks Energy Cozpiration, USR-Oil & Gas Production facilities PLEASE write or print legibly your name, address and the DOC 4 (as ti_tcd above) or the applicants name of the hearing you are attending . NAME ADDRESS HEARING ATTENDING y7n'1'1%" 6 647,),. / - F(7/ Ji (* cic o:e �r�. - •'r l P fl e f R't',,C c ..I -44c 77)0/1--:154430.#1, S& �rr,.. d'J—j GIit.,fsoa f/. (c,r )/ '1 0,'+-j,)•_ -�. SZ.o [4n-nA_A,..� �t�'l�� & �L, tann�. _22.3. C-17.4 Ie. e— t S/ %yf`►u e��� �c NOTICE Docket No. 85-5 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, First Floor, Greeley, Colorado, at the time indicated below, for consideration of granting a franchise to Jones Tri-City Intercable , 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 the Clerk to the Board of County Commissioners , located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DATE: February 20 , 1985 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: Mary Reiff, Deputy DATED: January 28 , 1985 PUBLISHED: February 7 , 1985 , in the La Salle Leader 4r ,/, DATE: January 28 , 1985 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections , we have tentatively set the following hearing for the 20th day of February, 1985 , at 2 : 00 P.M. Docket No. 85-5 - Jones Tri-City Intercable, Inc. , Cable Television Franchise OFFICE OF THE CLEW, TO THE BOARD BY: / /tZ2 y, / -le- , Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO P. Affidavit of Publication S=ASE CF CO:.ORADC. ; ss. County al Weld. ) I. Paul Massey ci said County et Weld Mane duly sworn. soy that f am Quhhaher of La Salle Leader Legatpotice that the m w sae is a efil7 newspaper e! genera! Oocaett10.05�s c:strnen e�+d ranted and Fuhiisned in the La Salle Pursbant TO','weld County town of Ordinance N0.94,4 piblic,bearMg will be held in Mre6Aamber of the Msaid coney end state: that the notice or adwr• board of County Commissioners of luteent. ci which the enneaed is a true ropy. weld County, comrade, wad County Contemner Center,91$IOth has been published in said weekly newspaper street,sUot Hear:aQ�rw.���te�l�, co(o. far one dien'ixveer ratio, et linnet lmrcet*d below, ter considersMe0y�q granttnea weed: that the notice was Pubiisited in the franchise to Joiii:'Yn-City infer. cable,me.,inani(rynon-excluslye regular end enure issuec! every number el said 'nut ts-{a .prote tele- newspaper dunnq the pen=G and time e! pubic- insien'siatem awn me streets, tillers. and public ,ways of the r_tion c! acid notice and in the newspaper Cwn+y proper _ and nel t.T a suppirnent thereat: diet the - -Application material! may be lint publication ei said neuce was ccntatned in examined in thee&ke Of the mat* becrinc date. tha +o tht Ceunty the issue al aa:d newspaper ommissionarse,St, tM weM _7_ day of ?ehrn pry A...).. te.a5 _ county.CenMgalef Center,elders strut,Third Floor,lireeey,Cob- end the lest p•Ybii:anew thet<af, in tSt issue at redo. satd.newspaper becrne dote- Me day e. DATE:,Reeneare 3ii'YW TIME 2:00 P,M: Fe . l9&5: that the said REQUEST: Casa TeNvisien . ' Franchise-r , La Salle_ Leader °Oe ll sw ERs hes been published confnucusiy :net =interrupt- WELD cot cODEV,COLORADO . wily du:ine the penaa of et Bast fifty-two ctn. SYsMM TRIM ELSWAMP seatnvs weeks nor. prier to the first issue thorn: W rC Reerteit eentciniaq semi notice at edveniaemers above :elected to: and the: said newspaper was et the istiltitkneiffeblersty Sere of each et the puo!!coriens of said notice. 6Kftfreanuary:le,Wes duly qualified far that purpose within the seen in; of en a:. entitled. "An Act Cancerrrnq Legal Puted iab in thei,.e lane Leader on TMrsdav, February 7,1115. :taricee. Adwnse:aenrs and %•:bllr_nca. and the Fees of Printers end %'aolaners thereof. end to Repeal elf Acts and Pens et Acts in Conflict with the?r,rutcns of this Act." approved April i, I9:I. and ell mend^ens therecf. and parnot- tr.:ty as =ended Sy an art ^proved. March 21 . Inc�r rnd ea: =proved Ma t3. 1931. " 2 tarter Subscrierd gtdd sworn� �r ttc�be!are r..e this d-y cf_ /227142=ar A.7.. I91 ( My cam-ssiea expires /7— 7 ,GS — Notary rshlte LLIiikIJETH Mfrs5sEY 22019 W.C.RD. X31 . GREELEY+ CO ono/. 9y PUBLISHER'S AFFIDAVIT STATE OF COLORADO. )so.. COUNTY OF Adams Vi..J.un.e do solemnly swear that I am the Publisher of ...The..Brightcn..B.1ade... that the same Is a weekly newspaper published in the City of Brighton countyor NOTICE State of Colorado,and has ageneral circulationDocket Me.854 County Pursuant 4. public hearing e gounb h ldin the therein;tusl said unwse has bin sn dublished Cham ea s of Borwill Co had Cim- eontlnuouslyend uninterruptedly in said Chambers of the Wild of County Oom- Weld n 01 County,Cntr,91510th WeldFCounty lCentennialor,Greeley,e Cd995510th ,at County of...ADams Street, e`m indicated llow.for cconnaid r lion of granting a Irandhiae to Jones TN City Intercaba, Inc.,Including non-ex- clusive rights to construct • cable for a period of more than 52 weeks prior to the and television public y of m the Countg the y. Pllays, ways first publication of the annexed notice,that said Application materials may be ex- newspaper Is entered In the post office at amined in the office of the clerk to the Board of County CommiseIonera,located In the Weld.County Oenten Cesar. 915 10th Street, Third Floorr; - le. Brighton Colorado.' DATE:February 20,INS TIME:2:00 P.M. REQUEST:Cable Television Franchise BOARD OF COUNTY COMMISSIONERS Colorado, as second class mail matter and that WELD COUNTY,COLORADO the said newspaper is a newspaper within the BY:MARY ANN FEUERSTEIN meaning of the act of the General Assembly of WELD COUNTY:CLERK the Stale of Colorado,approved March 30,1923, AND RECORDER and entitled"Legal Notices and Advertisements" ANDCLERK BY: M Mary ROM.TO R BOARD. Deputy and other acts relating to the printing and DATED:January 1985 publishing of legal notices and advertisments; Published In the Brighton Blade that the annexed notice was published In the Firer Publication February 8.1985 regular and entire issues of said newspaper, once each week,on the same day of each week for the period of 1 consecutive insertions; that the first publication of said newspaper dated February 6 , 19..85ndthe last publication of said notice was in the issue of said newspaper dated 19 / y//� �/ /7 Signature and Title Subscribed and sworn to before me,a Notary Public,this 6 th day of February 19 .85 Notary Public My es.7.1t`^w'on expires March 3, 1986 1.O U,i 1 �:i i. 9 i*.y ito,,,, ty t J8 i1 s eiTh • JONES INTERCR2 E,a INL,M N e I : ;1 r:), , , .rd , for a C Ic1:1_HSe I _ L';._ > _ onsider _ a s-,uld be r:ciated. 1: . R. Sis'c S.:at jn '". •saner 60 Garden Center, Suite 202 Broomfield, Colorado 80020 303/466-7376 632 rd: • r oar Jon I'.- usi a n do rdi ed oun n9 s o ce y i rpo way for er Par- ; ; .;wood, Cole d ' 740-97C (2) 2) Cable television service for Weld County will be provided from Jones Intercable's Brighton office and head-end facility. The office/head-end is located at 965 Bridge St. , Brighton, Colorado 80601. Business hours are 8:00am to 5:00pm, Monday thru Friday. Normal holidays are observed. The Brighton office is staffed by a total of three employees. The system receives technical and management support from a sister company, Jones Tri-City Intercable located in Broomfield, Colorado. The Brighton office is a full service office. Bills, installations and service calls are processed from that location. From time to time the Brighton office receives additional field and office assistance from the Broomfield system. The cable system's maximum capacity is 35 video channels (300 mhz) . The system also has been designed to handle two-way transmission of video and data signals. However, at this time the reverse pathway is not operational in any portion of the Brighton system. Following is a list of the channels which are offered in the Brighton system at present. Channels marked with an asterisk are premium or extra cost channels. Channel Call Letters Affiliation Source 2 KWGN Independent Broadcast 3 Cable News Network Satellite 4 KCNC NBC Broadcast 5 The Learning Channel Satellite 6 KRMA PBS Broadcast 7 KMGH CBS Broadcast 8 Christian Broadcast Network Satellite 9 KUSA ABC Broadcast 10 Local Access Local 11 Nickelodeon/Arts Satellite 12 KBDI PBS Broadcast 13 AP Sports/News Satellite 14 Blank *15 Home Box Office Satellite 16 Blank *17 Showtime Satellite 18 Blank *19 Cinemax Satellite *20 The Disney Channel Satellite *21 Galavision Satellite 22 Music Television Satellite 23 WGN (Chicago) Independent Satellite 24 WTBS (Atlanta) Independent Satellite 25 Lifetime Satellite 26 CNN Headline News Satellite 27 ESPN Satellite 28 USA Network Satellite (3) Channel Call Letters Affiliation Source 29 Blank 30 Spanish International Net. Independent Broadcast 31 KDVR Independent Broadcast 32 Cable Music Channel Satellite 33-36 Blank Public access policy for Weld County subscribers will be identical to those residing in Brighton. Cable Channel 10 is our designated local channel. The vast majority of our public access activity consists of non-profit, community public service announcements. These notices are submitted in writing several days prior to the commencement of the air dates. 3 & 4) Located at Jones Tri-City Intercable's offices in Broomfield is a fully equiped mobile production van. This van has been used in Brighton several times to produce special events. Additionally, the Broomfield system has a full-time production director who is available to the Brighton system to provide assistance to those who would like to learn more about video production techniques. 5) Jones Intercable, Inc. proposes to charge the same rates for all services as other Brighton subscribers pay. Please see attachment"A" which provides the current rate schedule. 6) a) The applicant is an incorporated entity. b) Does not apply. c) Jones Intercable, Inc. was incorporated under the laws of Colorado on October 30, 1970 as a wholly-owned subsidiary of Jones International, Ltd. Jones International, Ltd. is wholly-owned by Glenn R. Jones, Chairman of the Board and Chief Executive Officer of the company. Following are two lists of Jones Intercable's Officers and Directors: Officers: Glenn R. Jones President Charles P. Northrop Vice President/General Counsel Ronald E. Christensen Vice President/Human Resources James S. Keller Vice President/Special Projects Al Kernes Vice President/Engineering Bennett C. Boyd Vice President/Advertising Revenues Alan M. Angelich Vice President/Finance and Treasurer David L. Kuhn Secretary (4) The address for all of the officers of Jones Intercable, Inc. is 5275 DTC Parkway, Englewood, Colorado 80111. Directors: Glenn R. Jones 5275 DTC Parkway, Englewood, CO 80111 Neil E. Jones 5200 DTC Parkway, Englewood, CO 80111 Armin P. Thebus 735 S. Alton Wy. , Denver, CO 80231 Peter L. Edwards 1720 S. Bellair St. , Denver, CO 80237 William H. Sanders 1900 Emory St. , Atlanta, GA 30318 Patrick J. Lombardi 5275 DTC Parkway, Englewood, CO 80111 Those individuals who own 1% or more of Jones Intercable, Inc. 's Common Stock and Class A Common Stock are: Jones International Ltd. 5275 DTC Parkway, Englewood, CO 80111 Robert J. Lewis 5450 S. Chester Ct. , Englewood, CO 80111 Neil E. Jones 5200 DTC Parkway, Englewood, CO 80111 d) The Brighton office/head-end antennae site is located at a commercial, retail site at 965 Bridge Street. The premises are owned by a Brighton resident, James Kiyota. Jones Intercable, Inc. has a long-term lease with Mr. Kiyota. 7) Identified as attachment "B" is a chart which illustrates the relationship of Jones International, Ltd. with Jones Intercable, Inc. and other businesses either partially or wholly-owned by Jones International, Ltd. 8) Jones Intercable, Inc. has a non-exclusive cable television franchise to operate within the city of Brighton. A copy of that franchise has been included with this application. 9) A fully audited financial statement has been included with this application. 10) Jones Intercable, Inc. 's Brighton system consists of a trunk and branch coaxial cable network. The system is designed at 300mhz which will allow a maximum of 35 one-way video channels. The single trunk system is designed for two-way operation. At this point in time the only services to be offered are one-way (down stream) entertainment programming services. No local studio exists in the Brighton system. The system's local access channel has a character generator which contains public service announcements and other information of interest to the community. Government agencies and other parties are encouraged to submit their public announcements in writing to our office so that they may be included on the access channel. (5) 11) A letter relating to our planned network has been included with this application. 12) The CATV system serving Brighton is directly owned by Jones Intercable, Inc. The operating authority for this system is revocable by the City of Brighton and has no specific expiration date. Construction of the system was completed during the fiscal year ending May 31, 1982. The principal governmental officialwho is knowledgable about Jones Intercable's operations is: Pat McDermott City Manager City of Brighton 22 South 4th Brighton, CO 80601 The next closest franchise which Jones Intercable, Inc. operates is in the city of Broomfield. This franchise was assigned to Jones Intercable, Inc. in 1980. Construction of the system within the city of Broomfield was completed during the calendar year 1981. During mid-1981, construction of a cable system serving certain unincorporated portions of Boulder County was begun. The Boulder County system is served from our head-end location in Broomfield. The Broomfield franchise expires in 1991, while there is no franchise required in Boulder County. The principal governmental official knowledgable with our Broomfield cable operation is: Charles Ozaki Assistant City Manager City of Broomfield #6 Garden Center Broomfield, CO 80020 Jones Intercable, Inc. either owns or manages cable operations in nineteen states, serving more than 350,000 basic cable subscribers. More information is available concerning these franchises upon request. 13) None of Jones Intercable, Inc. 's officers or directors have been convicted of any felony. 14) Jones Intercable, Inc. 's officers, management and staff have extensive CATV experience. Mr. Glenn R. Jones has served as Chairman of the Board and Chief Executive Officer of the Company since its formation in 1970, and has been President since June 1984. He is also Chief Executive Officer and a Director of the following subsidiaries of the Company and of International: Cable Ads, Ltd. , Colorado Cable Properties, Inc. , Colorado Intercable, Inc. , Data Transmission, Inc. , (6) Evergreen Intercable, Inc. , International Aviation, Ltd. , Jones Futura Foundation, Ltd. , Jones Information Management, Inc. , Jones Intercable of California, Inc. , Jones Intercable of L.A. County, Inc. , Jones Properties, Inc. , Jones Tri-City Intercable, Inc. , Saturn Cable T.V. , Inc. , Starsearch, Ltd. , The Jones Group, Ltd. , Tri-Comm Systems, Inc. Spacelink, Ltd. is a publicly-held corporation whose stock is registered under Section 12 (g) of the Securities Exchange Act of 1934. In addition, he has been the sole shareholder, Chief Executive Officer and a Director of International since its formation in 1969. Mr. Jones has been involved in the cable television business in various capacities since 1961. Mr. Jones is a graduate of the University of Colorado law school and has completed the Stanford Executive Program at the Stanford University Business School. He is the brother of Neil E. Jones. Mr. Alan M. Angelich joined the Company in May 1982, was elected Treasurer in July 1982, and Vice President/Finance in June 1984. From 1968 to 1981, Mr. Angelich was with Arthur Andersen & Co. , certified public accountants, and from 1981 until he joined the Company, Mr. Angelich was a management and accounting consultant to several private clients. He received a B.A. in Accounting from the University of Illinois and a MBA from DePaul University. Mr. Charles P. Northrop joined the Company in February 1984 and in June 1984 became Vice President/General Counsel. He is also an officer of International. Mr. Northrop's responsibilities include managing the legal affairs of the Company, and he also heads a number of administrative departments. Mr. Northrop has 18 years of legal experience and has held executive and administrative positions throughout his career. Mr. Alan M. Kernes joined the Company in July 1981 as Director of Engineering. He was elected Vice President/Engineering in April 1982, and is responsible for all engineering for the systems managed and owned by the Company. Prior to joining the Company, Mr. Kernes was employed by American Television and Communications Corp. in various positions including Western Regional Engineer, New Systems Development Engineer, and finally Division Manager of the Construction Division. He received a Bachelor of Science Degree in Electrical Engineering from California State University of Long Beach in 1971. Mr. Scott Campbell joined the Company as Vice President/Marketing in November 1983. Mr. Campbell is responsible for developing marketing policies and procedures which can by implemented by CATV systems to increase subscriber revenues. From 1982 to 1983 Mr. Campbell was employed by American Cable Connection, Inc. as Senior Vice President- Marketing. From 1969 to 1982 he was employed by E.I. DuPont de Nemours Co. , Inc. as a District Manager-Riston Products Division. He received a B.S. degree in marketing from the University of Delaware in 1969 and pursued graduate studies at Temple University through 1971 . (7) Local Management and Staff: The Brighton system has a staff of three based in that City's office. Installation, service and billing operations are all conducted from the local office. The Brighton system receives management and technical support from Jones Intercable's Broomfield system office. Manager for both the Broomfield and Brighton systems is William R. Sisk. Mr. Sisk joined Jones Intercable, Inc. as a system manager in January 1981. He received his B.S. degree in finance from the University of Colorado. Technical supervision is provided by Chief Technician, Mark Ahrens, who is based in Broomfield. Mr Ahrens has an extensive background in cable operations and construction. Charlotte Vurciaga is the office manager for the Brighton system. She processes billing, and schedules all service and installations. The two field personnel include a service technician and an installer (ie. James Dyke, Jr. and David Bremkamp, respectively) . Each of the three on-site Brighton employees have more than several years of cable experience. 15) As currently envisioned the extension of cable plant into Weld County from Brighton would serve the Syl-Mar Manor Park which consists of roughly 95 dwelling units. Any future expansion of cable operations in Weld County would be contingent upon enough density of dwelling units to justify the capital outlay. Generally speaking, we are interested in expanding service to areas that have at least 35-40 homes per mile of plant. If there is any additional information that we can provide, please feel free to contact us. Regards, //// Ronald Schmitt Division Vice President one Co Hance Nu ave rop lit ies s qui, ,er gin, plea k ...ita- _. !I( rn :?a v i s lot Engine,-t Rir^6 5275 DTC Parkway. Englewood, ColoratJo 80111 303/740-9700 � r 4 ■■ 11la • 9 r i 3LS; 1.5( 3.0C i.00 ).OC 1.00 i.00 '..00 .50 ).00. . . ifTh \ r JONES INTERCRBLE, 659-8170 965 Bridge Street Brighton, Colorado 80601 iter, > .omfie!d, ( ' 303/ 40t Tr�' if-da-7- _ iiiii i iti_ , . i gill- •i i F O Al C r nit I IIIf lig .- 0 . g 1II - - ft ft . , _ I( - . s 1 Pit i! Z 1 . 3 m 1 v ,o _ _ m v pi I Ili I i� . : #i mu it, „ 1 „ Ili • jitt4 }i1 Fl II:1 . WAIVER OF REQUIREMENTS - JONES INTERCABLE This applicant has requested that certain portions of the Weld County Cable TV Ordinances be waived with respect to its franchise in accordance with the Waiver of Requirements Section of the Weld County Cable TV Ordinances. In determining whether to grant such waivers, you must find that the applicant proposes, and will serve less than 500 subscribers in Weld County. You should also require a showing of good cause by the applicant for each waiver requested. Good cause may be shown by the submission of supporting documents and materials tendered with the application or by testimony adduced at the hearing. This applicant has requested waivers to the Ordinance sections attached hereto as conditioned and set forth below: 1. Upon application, waiver of the hearing requirements of paragraph D, Sections 2 through 7, RATE/SPECIAL MONTHLY SERVICE RATES/DEPOSITS, if the rate requested is identical to and has been approved by the City of Brighton for subscribed within said City, after a public hearing which substantially comports with the due process requirements of this heading. 2. Since this applicant also operates in other counties, it is requesting that the franchise fee set forth in the FRANCHISE FEE heading apply only to the gross revenues of the company received from subscribers in Weld County. 3. That Section B of the heading COMPANY SERVICES be met by the applicant's inclusion of announcements of public interest on their public access channel in operation for the City of Brighton. 4. That Section C of the heading COMPANY SERVICES be met by the availability of all applicant' s facilities and equipment, available to the City of Brighton for utilization within the franchised area as contemplated by said section. 5. That Sections B and C of the heading EMERGENCIES be waived as to this franchise and that Section A be met by making applicant' s facilities available to the City of Brighton in accordance with the terms thereof. ARTHUR ANDERSEN R Co. DENVER, COLORADO TO JONES INTERCABLE, INC. : We have examined the consolidated balance sheets of JONES INTERCABLE, INC. (a Colorado corporation) and subsidiaries as of May 31, 1984 and 1983, and the related consolidated statements of income, shareholders ' investment and changes in financial position for each of the three years in the period ended May 31 , 1984. Our examinations were made in accordance with generally accepted auditing standards and, accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. In our opinion, the consolidated financial statements referred to above present fairly the financial position of Jones Intercable, Inc. and subsidiaries as of May 31, 1984 and 1983, and the results of their operations and the changes in their financial position for each of the three years in the period ended May 31 , 1984, in conformity with generally accepted accounting principles applied on a consistent basis. c /L CA-„>is2ec& — Co ARTHUR ANDERSEN & CO. Denver, Colorado, August 3, 1984 -18- CONSOLIDATED Jones Intercable, Inc. BALANCE SHEETS and Subsidiaries As of May 31, 1984 and 1983 ASSETS 1984 1983 CASH AND CASH EQUIVALENTS $ 2,693,600 $ 8,917,300 RECEIVABLES: Trade receivables , less allowance for doubtful receivables of $22,200 in 1984 and $21 ,200 in 1983 149,100 96,700 Affiliated entities (Note 4) 10, 714,600 4,884,000 Other 112 ,200 159 ,600 INVESTMENT IN CABLE TELEVISION PROPERTIES (Notes 1 , 2, 3, 4, 5, 11 and 12) : Property, plant and equipment , at cost 21 ,839 ,700 13 ,284,900 Less— Accumulated depreciation (4,967,400) (3,631,200) 16,872,300 9,653 ,700 Franchise costs, net of amortization of $296,700 in 1984 and $192,000 in 1983 1,311 ,600 578,800 Cost in excess of interests in net assets purchased, net of amortization of $239 ,900 in 1984 and $193,300 in 1983 213,100 259,700 Investments in cable television limited partnerships and corporate stock 1,424,200 1,697 ,500 TOTAL INVESTMENT IN CABLE TELEVISION PROPERTIES 19,821 ,200 12,189, 700 OTHER ASSETS (Note 4) 2,292,700 550, 100 TOTAL ASSETS $35 ,783 ,400 $26 ,797 ,400 The accompanying notes to consolidated financial statements are an integral part of these balance sheets. CONSOLIDATED Jones Intercable, Inc . BALANCE SHEETS and Subsidiaries • As of May 31 , 1984 and 1983 LIABILITIES AND SHAREHOLDERS' INVESTMENT 1984 1983 LIABILITIES : Accounts payable $ 342,300 $ 293,700 Subscriber prepayments and deposits 467,500 248,300 Accrued liabilities (Note 9) 1,468,000 1 ,239 ,200 Accrued losses in limited partner— ships (Note 4) 537 ,400 366 ,300 Income taxes payable (Note 6) — 1,459 ,900 Debt (Note 5) 10,677,600 5 ,098,000 TOTAL LIABILITIES 13,492,800 8,705 ,400 DEFERRED INCOME TAXES (Note 6) 2,539,000 875 ,900 COMMITMENTS (Note 10) • SHAREHOLDERS ' INVESTMENT: Class A Common Stock, $ .01 par value, 15,000,000 shares authorized; 3 ,503,793 and 3,056 ,656 shares issued and outstanding at May 31 , 1984 and 1983, respectively (Notes 7 and 8) 35,000 30,600 Common Stock, $ .01 par value, 5,550,000 shares authorized; 5 ,493 ,939 and 5,475,839 shares issued and outstanding at nay 31 , 1984 and 1983, respectively (Note 7) 55,000 54,800 Additional paid-in capital 19,012,300 16,836 ,800 Retained earc' ngs 961,200 293,900 Less: 66 ,500 shares of Common Stock and Class A Common Stock held in Treasury, at cost (311,900) - TOTAL SHAREHOLDERS ' 1RVESTM NT 19,751,600 17 ,216 , 100 TOTAL LIABILITIES AND SHAREHOLDERS' INVESTMENT $35,783,400 $26,797,400 The accompanying notes to consolidated financial statements are an integral part o these balance sheets . 1. 1.4 7 S I I I I I I I I I I I I 7 U 7 O ✓ 4.4 4 :n cn. 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U C Si 41 H JJ ^ E '0 C O ;:7 a z U O CI U .`d 7 0 7 6 G T 7 H ^ Cl aJ o C'J 7 C -i to x d U CI. Z O X U 7 71 ). L' G u O :J Z C_. 0 0 ,-a 0 O X J 71 0 'f. U :O O -7 ca ti +J .-4 0 0 ! 70 7; :-, S L 7 U 7 7 U C i-1 7, J 0 :n c. m :., H rn H H 0 Z ?, s--4 Z CONSOLIDATED STATEMENTS OF INCOME Jones Intercable, Inc. For the years ended May 31, 1984, 1983 and'1982 and Subsidiaries 1984 1983 1982 REVENUES FROM CABLE TELEVISION OPERATIONS (Note 4) : $ Subscriber service $ 7,486,300 5 ,141 ,000 $ 4,035 ,300 Management fees 2,534,300 1,743 ,900 937,600 CAIIV Fund fee and distribution 1,165 ,000 — 2,417,000' TOTAL REVENUES 11,185,600 6,884,900 7,389,900 OPr ATING, GENERAL AND ABMIN1ST TI E EXPENSES 5 ,241,100 3 , 845,100 3 ,525,100 OPERATING INCOME 5,944,500 3,039,800 3,864,800 OTHER INCOME (EXPENSE) : Interest expense (Note 5) (979 ,700) (709 ,100) (361 ,600) interest capitalized during construction — — 49,800 Depreciation and amortization (Note 1) (1,496 ,700) (1,007,600) (765,100) Equity in losses of limited partnerships (405,000) (399,200) (116,800) Interest income (Note 4) 1,123,500 1,769,500 1,238,400 Other, net 60,900 (174,500) (186 ,900) INCOME BEFORE INCOME TAXES AND EXTRAORDINARY ITEM ' - 4,247 ,500 • 2,518 ,900 3 ,722 ,600 Income tax provision (Note 6) (1,591,800) ($30,700) (1 ,48530_; INCOME BEFORE EXTRAORDINARY ITEM 2,655 ,700 1,588,200 2,237 ,300 EXTRAORDINARY ITEM: Gain on sale of marketable securities , net of related provision for income taxes of $78,300 (NDte 12) 167 ,400 — NET INCOME - $ 2,655 ,700 $1 ,755 ,600 $2,237 ,300 NET INCOME PER CLASS A COMMON AND COMMON sakRE (Note 1) : Income before extraordinary item $ .30 $ .18 $ .25 Extraordinary item — .02 — NET INCOME PER CLASS A COMMON AND COMMON SHARE ---\$ .30 $ .20 $ _25 • AVERAGE NUMBER OF CLASS A COMMON AND COMMON SHARES OUTSTANDING (Noce 1) 8,972 ,000 8 ,951 ,800 8 ,855 ,9_0 .r2.... Darr va. _. O 0 I 0 0n ›+ ON Ott 14 -I 0 7 S I I I I I r+ .-11 L CO U .-1 ..-1I 0 CO 0 en m C) Cl L v vl E 1.1 CO Cr. N C) F L O L CO 0 0 0 On ✓ CO 0 0 0 0n C) C) Cd ON -t N- N II CO C G I I I -n C) +I +-1 en CO L .-i I O C CT CO U1 t0 I L L I.4 N ON 1/4O C' I N O u> 1 w C' G] .--4 N 1 0 tr. L 11 O 0 0 0 0 O II ... CO 0 0 0 0 0 I1 C C .-I = Lc" ,-I .-III i-i O r-1 O .11 O +-1 1 L C' N- d N II 1.+ L b ,-I en ON ... W I I .-1 n t0 .-I .-I C. OD .-1 Ct O11 C) ✓ CO O . -11 L '0 1+ 0 C ,-+ 0_UI C C .--1 .-I II +I C> C> C CO L 0 0 O II C 0 0 011 C) 7 = N I I I I O n 1+ 11 x E -t in 0 d In 'n II CO O to- u> L +) C CI) C) C O+ 0 as it C) O CO rn O Cal II L a 61 CO .a 1 I I I C II 0 E C) a an L O O in r•111 CO U - n -+ Ot II CO � -1'II '•1 MI CO In In II M U C CO U L 0 0 01 C O 0 0 0 0ii 7 '0 -+ I en I I 01 w CO O ^i C C � en r)1 C) o u> Ch L g O V0 N. O "1I +i U CO ..n Cl S J'I r1 C) •0 r- I en I I N.I 0 C Ia ^1 CO CO t0 CO en 0 .G in .-+ N 0I O CO ro 0 .. L)I U O .3 .-I r•') c-1 I 0 U L 17 n•1 G -t O CO 0 C) CO C) O. L -0 T Cl L .-I - '0 G +1 1+ .-1 O • U C) -0 7 0 0 • O CO C 'd •N CC .+ L H L CO MI O L 00 r) o o O 0 O C) tn en C 1+ r! 7 .-1 x N 0 .y 7+ a C) C) 0 0 0 H U T T C o x 1 +I C O C Z 3-+ Q) L ^ 44 L W L Cl ti L C. J O to r--p C) O Ct am U) n 0 0 0 CO a 5 V! rn 0 C) —1 J 0 0 C) a CO O !a; —4 O J W 1 U U O C) U y 42,1 U O C) +I L w 0 1+ C c U O O 0 0 Z O L C C) 0 C: O = 0 +-1 .0 0 Z O < U C. Z L X 7 0 Z U L !„ c c " X :0 o 0 0 v U 11 (0 J < 1 Cl 0 J 7 C =. H H 74 C. H CONSOLIDATED STATEMENTS OF Jones Intercable, Inc. CHANGES IN FINANCIAL POSITION and Subsidiaries For the years ended May 31, 1984, 1983 and 1982 1984 1983 1982 SOURCES OF CASH: Operations— Income before extraordinary item $ 2,655 ,700 $ 1,583,200 $ 2,237 ,300 Items not requiring (providing) cash- Depreciation and amortization 1 ,496 ,700 1 ,007,600 765 ,100 Deferred income tax 1 ,900,000 (534 ,000) 1,427,800 Equity in losses of limited partnerships 405 ,000 399,200 116 ,800 TOTAL FUNDS FROM OPERATIONS 6,457 ,400 2 ,461 ,000 4,547,000 Extraordinary item- Gain on sale of marketable securities, net of related provision for income taxes - 167 ,400 - Proceeds from borrowings 8,500,':00 3, 100,000 1,521,800 Proceeds from sale of temporary invest- ment in cable television limited partnership - 1 ,677 ,100 - Issuance of Class A Common Stock - - 328,200 Proceeds from stock options exercised 198,800 65,700 209 ,400 TOTAL SOURCES 15,156,200 7 ,471 ,200 6,606,400 USES OF CASH: Repayment of debt 2,920,400 1,223,600 57 ,800 Purchase of cable television system 6,500,000 - - Purchase of property, plant and equipment, net 2,958 ,900 1,839,000 4,025,900 Investments in cable television limited partnerships and corporate stock 49 ,500 1,543,500 1 ,275,000 Increase (decrease) in advances to limited partnerships 5,830,600 (2,733,100) 4,745,700 Purchase of Treasury stock, at cost 311,900 — — Decrease (increase) in income taxes payable 2,286,600 (1,459,900) - Changes in payables, accruals and other, net 522,000 7,200 (543,800) TOTAL USES 21,379,900 420,300 9,560,600 INCREASE (DECREASE) IN CASH $(6,223 ,700) $ 7,050,900 $(2,954,200) The accompanying notes to consolidated financial statements are an integral part of these statements. NOTES TO CONSOLIDATED Jones Intercable, Inc. FINANCIAL STATEMENTS and Subsidiaries For the years ended May 31 , 1984, 1983 and 1982 1. ORGANIZATION AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Organization Jones Intercable, Inc. (the "Company") was formed in 1970 as a wholly owned subsidiary ci Jones International, Ltd. ("International"). Subsequent sales of shares of Common Stock by International and issuances of shares of such stock by the Company to third parties have reduced International's ownership to approximately 53 percent of the Common Ftock at May 31 , 1984. In December 1980 , the Company also issued 2,000,000 shares of Class A Common Stock (Note 8). At May 31, 1984, International retained beneficial ownership cf approximately 12 percent of such Class A Common Stock. The Company and its subsidiaries own and operate cable television systems. The Company also manages cable television systems owned by limited partnerships for which it is General Partner. In addition, certain cable television systems owned by other related entities were managed by the Company (Note 2) . Principles of Consolidation The consolidated financial statements include the accounts of the Company and its wholly owned subsidiaries. The Company's investment., in managed limited partnerships are carried at cost plus its proportionate share of profits and losses relating to its equity position. All significant intercompany transactions have been eliminated in consol- idation. Property, Plant and Equipment Prior to receiving the first revenues from subscribers of a cable television systec_ constructed by the Company, all construction costs, operating expenses and interest related to the system are capitalized. From the time of such receipt until completion of construction, but no longer than two years (defined as the "prematurity period"), portions of certain fixed operating expenses and interest are capitalized in addition to direct construction costs. The portions capitalized are decrease as progress is made toward obtaining the subsc_iber level expected at the end of the prematurity period, after which no further expenses are capitalized. In addition, costs (including labor, overhead and other costs of completion) associated with installation in homes not previously served b: cable television are capitalized and included as "distribution systems." Total expenses, other than interest, capitalized during each c: the three years ended May 31 , 1984, 1983 and 1982 were $392,700, $237 ,500 and $201 ,600, respectively. Depreciation of property, plant and equipment is provided using the straight-line method over the following estimated service lives: Distribution systems including capital- ized interest and operating expenses Primarily 15 years Buildings 10-20 years Equipment and tools 3-15 years Premium service equipment 3-15 years Earth receive stations 5-15 years Vehicles 3-10 years Other property, plant and equipment 1-15 years Franchise Costs Costs incurred in obtaining cable television franchises and other operating authorities (collectively referred to as "franchises") are initially deferred and amortized over the life of the franchises beginning with the dates the systems become operational. If becomes apparent a franchise will cot be obtained, related deferred costs are charged to expense. Franchise rights acquired through purchase of subsidiary companies are stated at estimated fair valise at the date of acquisition and amortized cver the remaining terms of the franchises . Amortization is determined using th_ straight—line method over livee of seven to twenty years. Cost in Excess of interests in Net Assets Purchased The cost of purchased interests in subsidiaries in excess of the fair values of net asset: acquired is being amortized over the same period as the related franchise costs using the straight—line method. Income Taxes Provision is made for deferred Federal and state income taxes arising from timing differences in the determination of incom for financial reporting and tax purp-ses . Investment tax credits are treated as reductions of income tam expense during the year i_ which the related asset is placed in service. Net Income Per Share of Class A Common Stock and Common Stock Net income per share of Class A Common Stock and Common Stock is based on the weighted average number of shares outstanding during the periods. Stock options and warrantshae not been included in these calculations because their effect is insignificant. Applicable per share information has been restated to reflect dividends declared in fiscal 1984, 1983 and 1982 (see Note 8). 2 . TRANSACTIONS WITH RELATED PARTIES The Company's parent , International , is wholly owned by Glenn R. Jones, Chairman rman of the Board, Chief Executive Officer, and President of the Company. The Company and the limited partnerships for which the Company is General Partner (Note 4) have had, and will continue to have, certain transactions with subsidiaries and/or affiliates of International. Principal recurring transactions are described as follows: The Jones Group, Ltd. , a wholly owned subsidiary corporation of International, performs brokerage services for the Company and the limited partnerships. For brokering the acquisition of cable television properties for the partnerships , the partnerships pay The Jones Group, Ltd. fees which are equal to 4 .75 percent for Cable TV Funds 10 and 11 and percent for all prior partnerships of the lower of purchase price or appraised value of the properties. Brokerage fees paid to The Jones Group, Ltd. by the partnerships are summarized as follows: Paid By Partnerships Year ended May 3'.- 1984 $5,676 ,300 1983 3,219 ,500 1982 1 ,525,600 • During fiscal 1983 , the Company performed management services for Colorado Intercable, Inc. ("CIC"), an 89 percent owned subsidiary -of International, and managed three cable television systems in Georgetown, Idaho Springs, and Jefferson County, Colorado which were owned by CIC. In March 1983, the Georgetown and Id._ho Springs systems were sold to another affiliate of International, which now owns and manages these two systems . As more fully discussed in Note 3, the Company, through a wholly owned subsidiary, purchased the Jefferson County system from CIC on June 30, 1983 . The Company and its subsidiar_es lease earth receive stationb and vehicles from Data Transmission, Inc. , a wholly owned subsidiary of International. The earth receive station leases have been capitalized (Note 5) . Lease payments for the three years ended May 31, 1984, 1983 and 1982 were, respectively, $79,800, $58,800 and $52,400. Beginning in January of 1983 , Jones Information Management, Inc. was formed as a wholly owned subsidiary of International to provide information management and data processing services for all companies affiliated with International. Charges to the various operating companies are based on usage of computer time by each entity. Fees charged tc the Company and its affiliated partnerships for the five months ended May 31 , 1983 and the year ended May 31 , 1984 totalled $118 ,800 and $424,900, respectively. International Aviation, Ltd. , a wholly owned subsidiary of International, was formed i0 March 1983 , to capture costs associated with the operation of an aircraft owned by International Aviation, ltd. Charges to the Company- are based on usage of the aircraft by corporate personnel . Payments to International Aviation, Ltd. for the two months ender. May 31, 1983 and the year ended May 31 , 198!4. were $89,400 and $234,500 , respectively. In June 1984, the Company entered into a lease with Jones Properties, Inc. , a wholly owned subsidiary of International, under which the Company has agreed to lease a 97,100 square foot office building to be constructed in Englewood, Colorado. This office building, in which the Company' s new corporate offices will be located, is scheduled for completion i__ late summer of 1985 . The lease has a 10-year term with three 5-year renewal options . The annual rent will not exceed $19 .50 per square foot, plus operating expenses, until December 31 , 1987 , and will not exceed $24 .00 per square foot, plus operating expenses , thereafter. The Company plans to sublease approximately 35`7. to 40,E of the building to International and certain affiliates of International. 3 . ACQUISITIONS In February 1982, the Company, through a wholly owned subsidiary, acquired the cable television system serving Evergreen, Colorado, along with certain other assets, from Evergreen Special CATV Fund for $521 ,500 cash and the assumption of approximately $470,00 , in debt . The Company was previously the General Partner for Evergreen Special CATV Fund. As General Partner, the Company received approximately $95 ,500 as its share of the distribution. proceeds. This amount has been recorded as a reduction of the purchase price. On June 30, 1983, the Company, through a wholly owned subsidiary, purchased the cable television system serving Jefferson County, Colorado from an affiliated company fcr $6 ,500,000 . The unaudited comparative pro forma effect of this acquisition on the results of operations , assuring this transaction had occurred as of the beginning of the respective fiscal periods are as follows: For the Year Ended May 31, 1984 For the Year Ended May 31, 1983 Pro Forma Pro Forma Pro Forma Pro Fcrm May 31, 1984 Adjustments May 31 , 1984 May 31 , 1983 Adjustments May 3_ , 1' Total Revenues $11 ,185,600 $135 ,200 $11 ,320,800 $ 6,884,900 $1,295,500 $ 8, 180,4; Income before extraordinary item $ 2,655 ,700 $(21 ,800) $ 2,633 ,900 $ 1,588,200 $ (653 ,200) $ 935 ,0; Extraordinary item $ — $ — $ — $ 167 ,400 $ — $ 167 ,40 Net income (loss) $2 ,655 ,700 $(21 ,800) $ 2,633,900 $ 1,755 ,600 $ (653 ,200) $ 1 ,1 .0 ,4' Income before extraordinary item $ .30 $ — $ .30 $ .18 $ ( .07) $ .11 Extraordinary item — — — .02 — .02 Net income (loss) per share $ .30 $ — $ .30 $ .20 $ ( .07) $ .13 4. MANAGED LIMITED PARTNERSHIPS The Company is General Partner for a number of limited partnerships formed to acquire, construct, develop and operate cable television systems. Partnership capital has been raised principally through a series of public offerings of limited partnership interests. The Company makes a capital contribution of $1 ,000 to each partnership and is allocated 1 percent of all partnership profits and losses . The Company may also purchase limited partner interests is the partnerships and participates wi_h respect to such interests on the same basis as other limited partners . As General Partner, the Company is contingently liable for all recourse debt of the partnershipc to unrelated entities which, in the aggregate, totalled approximately $23,455 ,000 at :ay 31 , 1984 . This partnership debt is secured by partnership assets at a fair market value estimated to be significantly in excess of this debt . As General Partner, the Company defers costs of limited partnership public offerings and costs of formation of each limited partnership. These costs are reimbursed by the partnerships formed, and have been subject to a limitation of 3 percent of partnership units sold. Any costs in excess of this limitation are borne by the Company and expensed. At May 31 , 1984, the Company had ircurred $730 ,800 of Cable TV Fund 11 offering costs which have not been reimbursed. A wholly owned subsidiary of the Company receives a fee of 10 percent of the capital contributed by the limited partners from which is paid all sales commissions of participating broker—dealers . The fees received, less commissions and other underwriting expenses paid, are treated as an increase or (reduction) of operating, general and administrative expenses and amounted to $(90 ,800) , $(14,800) and $29 ,000 for the years ended May 31 , 1984 , 1983 and 1982 , respectively. As General Partner, the Company manages the partnerships and receives a fee for its services generally equal to 5 percent of the g _oss revenues of tie partnerships, excluding revenues from the sale of cable television syst_ms er franchises. Any partnership distributions made from cash flow (defined as cash receipts derived from routine operations, less debt principal and 'interest payments and cash expenses) are generally allocated 99 percent to the limited partners and 1 percent to the General Partner. With respect to partnerships formed after February 1978, any distributions other than from cash flow, such as from sale or refinancing of the system or upon dissolution of the partnership, are generully made as follows: first, to the limited partners in an amount which, together with all prior distributions, will equal the amount initially contributed to the partnership capital by the limited partners; and the balance, 75 percent to the limited partner and 25 percent to the General Partner. During January 1982 and February 1984, C>TV Funds V and VI sold their respective cable television systems for which the Company received approximately $2,417,000 and $1,165 ,000 in each of these years. Partnerships reimburse the Company for certain allocated overhead and administrative expenses. These reimbursements genera,.?.y are limited to 25 percent of the gross revenues of each partnnrship. Allocations of personnel costs are based primarily on actual time spent by Company employees with respect to each partnership. Other overhead costs are allocated primarily based on the cost of partnership assets managed. Company owned systems are also allocated a proportionate share of these expenses. Reimbursements fron partnerships and other affiliated companies directly offset operating, general and administrative expenses by approximately $6,973,600, $5,012,900 and $3,017 ,800 for the three years ended May 31, 1984, 1983, and 1982, respectively. In addition, the Company has made advances to certain of the limited partnerships and has deferred the collection of management fees and expense reimbursements owed by certain limited partnerships primarily to accommodate expansion and other cash needs of the partnerships. Such advances bear interest at rates comparable to the Company's cost of borrowing. Interest charged to the limited partnerships for each of the three years ended May 31 , 1984, 1983 and 1982 were $941 ,300, $1,713,000 and $1,222,200, respectively. Amounts outstanding are reflected in the following summary sf receivables from affiliated entities as of May 31 . 1984 1983 1982 Accounts receivable from-- Limited partnerships and managed companies $ 9,725,400 $ 3 ,894 ,800 $ 1 ,029,000 Affiliated entities - - - 1 ,60 Notes receivable from limited p€L , _ershi_ s 900,000 900,000 6,497 ,300 Long-term notes receivable from CIC, 7% and 10% 89,200 89,200 89,200 Total receivables from affiliated entities $10,714,600 $ 4 ,884,000 $ 7 ,617 ,1. 0 5. DEBT Debt, as of May 31 , consists of the following: 1984 1983 LENDING INSTITUTIONS Revolving credit and term loan $10,500,000 $2,000,000 Secured installment notes due 1934 through 1991, notes bearing interest rates ranging from 12% to 19 .5% 45 ,800 2,754,500 RELATED ENTITIES 10% secured note to Colorado Intercable, Inc. paid in 1983 - 309,100 15% to 16.75% capitalized equipment lease obligations due in installments through 1987 131 ,800 34,400 Total debt S10,677 ,600 S5,098,000 The Company's revolving credit and term loan agreement provides for a loan of up to $20,000,000 tl:at matures on December 31, 1986, at which time any outstanding balance= y be converted into a term loan payable in twenty consecutive quarterly installments. The interest rate is at the Ca:.pany's option of prime plus 1/2 percent or the London Interbank Offered Rate (LIBOR) plus 1 1/4 percent. A fee of 1/2 of 1 percent per annum on the un-u; ed portion of the commitment is also required. Substantially all of the assets of the Company are pledged as secu-:ity for eithe-7 the line of credit or the installment notes outstanding at May 31, 1984. On July 25, 1984, t .e Company repaid the balance of its revolving line of credit ($12,000,000) with a portion of the proceeds of the bond offering discussed below. The Company is presently renegotiating its line of credit and until an acceptable agreement between the banks and the Company has been reached, the banks shall not be obligated to make any advances under the line of credit and the Company shall not be obligated to pay any commitment fee. On July 24, 1984, the Company completed the placement of $35,000,000 of 14 .50 percent Subordinated Debentures due August 1, 1994. Interest on such debentures will be payable semi-annually on February 1 and August 1 of each year. Each $1,000 debent•.-.re was sold to the public at a price of $892.38. The Debentures provide for an annual sinking fund payment of $7,777 ,778 comc:encing August 1 , 1991, calculated to re`.-'.re 66 2/3 percent cf t : issue prior to maturity. The Debentures are redeemable µt any time on or after August 1, 1989, at the Company's option, in whole or in part at 100 percent of the principal amount, plus accrued interest to the redemption date. 6. INCOME TAXES Components of income tax expense and an analysis of deferred income taxes for Federal and state income tax purposes are as follows: 1984 1983 1982 Current provision (benefit)- Federal $ (279,500) $1 ,362,400 $ 31,100 State (28,700) 180,600 26,400 Total current provision (benefit) (308,200) 1 ,543,000 57,500 Deferred provision (benefit)- Federal 1 ,701 ,700 (54,800) 1,278,900 State 198,300 (479,200) 148,900 Total deferred provision (benefit) 1,900,000 (534,000) 1 ,427,800 Total income tax provision $1,591,800 $1,009,000 $1,485,300 The provision for deferred income taxes is the result of the following timing differences: 1984 1983 1982 Additional tax depreciation $ 952,300 $ 487,000 $ 304,600 CATV Fund fee and distribution 565,000 (1,060,200) 1,060,200 Capitalized overhead 88,500 115,700 36,600 Deferred compensation (10,500) (6,200) (7,200) Increase (decrease) in timing of partnership losses 231 ,000 (53,600) 4,900 Reduction in basis from full uili- zation of investment tax credits 79,500 - - Other (5,800) (16,700) 28,700 Components of deferred tax provision (benefit) $1 ,900,000 $ (534,000) S1 ,427 ,800 The following table reconciles the statutory Federal income tax rate to the effective tax rate: 1984 1983 1982 Computed "normally expected" income tax provision at statutory rates - income before extraordinary item $1 ,913,500 $1 ,138,700 $1 ,647 ,300 Increases (reductions) in taxes resulting from- Investment tax credits recognized (503 ,000) (320,000) (309 ,000) Reduction in basis from full utili- zation of investment tax credits 79 ,500 - - Non deductible depreciation 20,000 20,000 20,000 Amortization of costs in excess of interests in net assets purchased 23,100 23 ,100 23 ,100 State income taxes, net of Federal income tax benefit 96,600 67 ,900 100,700 Other (37 ,900) 1,000 3,200 Provisio❑ for income taxes - income before extraordinary item 1 ,591,800 930,700 1,485,300 Provision for income taxes, extraordinary item _ - 78,300 - Total income tax rrovision $1,591,800 $1,009,000 $1 ,485,300 7. COMMON STOCK OPTIONS In 1979 the Company reserved a maximum of 50,000 shares of Common Stock for grantir:g, options to officers and key employees at a price of $.50 par share. At May 31, 196L , options to purchase 40,000 shares had been granted, of which options to purchase 33,800 shares had been exercised and options to purchase 1 ,100 shares had been forfeited upon resignation of the holders. In July 1981 the shareholders approved the adoption of a nonqualified stock option and stock appreciation rights plan. Options to purchase 650,000 shares of the Company's Class A Common Stock may be granted to key employees at a price equal to the fair market value of the stock at the date of grant. In November 1983 the shareholders approved a resolution to increase the number of opticns available for grant to 1,500,000 sh-:res. Options granted become exercisable in equal installments over a four year period or in such installments as determined by the committee administering the plan. As of May 31 , 1984, options to purchase 791,876 shares had been granted of which options to purchase 2,461 shares had been exercised and opticns to purchase 127,225 shares had been forfeited upon resignation of the holders. In addition, the shareholders approved the grant of options to purchase 60,000 shares of Class A Common Sto..k exercisable at $ .50 per share to an officer of a subsidiary of the Company. Subsequent stock dividends increased the amount of shares available through the exercise of these options by 2,586 shares. As of May 31, 1984, all 62,586 shares had been purchased upon exercise of these options . In February 1984, the Board of Directors adopted a nonqualified stock option plan to provide for the grant of stock options to key contributors to the Company. Options to purchase 250 ,000 of the Company's Class A Common Stock mcy be granted to an officer, employee, director, or independent consultant to the Company, or any affiliate whose judgement, initiative and efforts are expected to contribute to the successful conduct of the Company. Option° granted at a price equal to the fair market value of the stock at the date of grant become exercisable in equal installments over a four year period or in such installments as determined by the committee administering the plan. As of May 31, 1984 , options to purchase 105 ,000 shares had been granted and none were exercised. TE 71:11:4,41,1:4:1O; I i ii r , alr, R S 'Fear .. Ke, I wc, c'. like Lp , .a a clay i t with r•- _t to our CAT e `r. aj. i e " eted. A- . "Plow. our prim.primoty fotemtf, :!ppof .n n. Ling i cchise is ._ able us to , .ovide service to the fy, . `Tar ?. : pr ptnent L c.+terl d1.cent t, the Aiams County lime. foe nrepo,e• L m c4e r'4, entire ?.3rk which is r.nehly lc') units. ^_s vuu cau tell toy the map of the ❑rea in quest ion, there is really no pep,_;l -:r lop den - it•: to cpeak of I 'im4 outside ti the Syl-Mar Park Manor :Level r,cent. In the future we wo_I d extend service to areas outside cf S-71-'L,r if the density of d'wellinps justifies our capital expense. Our general fuidel .nen for such eaLensicns would require approximately 35-40 dwellipgsilniie of plant. I hope this clears up any cc Bunion as to our CATV franchise application. F,.. William R. Sisk System Manager- Brighton, Broomfield 60 Garden Center. Suite 202, Broomfield. Colorado 80020 303/466-7376 Hello