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HomeMy WebLinkAbout890501.tiff AR21832?3 d' o RESOLUTION O • ~ RE: TRANSFER AND ASSIGNMENT OF CABLE T.V. FRANCHISE TO JAMES CABLE PARTNERS , L.P. P o t7 orX WHEREAS, the Board of County Commissioners of Weld County, `"`a Colorado, pursuant to Colorado statute and the Weld County Home a Rule Charter, is vested with the authority of administering the o affairs of Weld County, Colorado, and-44�rx WHEREAS, Weld County, Colorado ( "County") , approved and nta enacted Ordinance No. 94 on December 14 , 1981 , authorizing the oa grant of a Cable T.V. franchise; which Ordinance was amended by w Ordinance No. 94-A on December 21 , 1982 , and Ordinance No. 94-B on cm o February 12 , 1985 , and \w WHEREAS, on December 19 , 1988 , County adopted a Resolution Lop granting to Chartwell Cable of Colorado, Inc. ( "Chartwell") , a cable television franchise, and w WHEREAS, Chartwell desires to sell its business and franchise C" to James Cable Partners, L.P. ( "James") , and James desires to 03Z assume all of the duties and obligations of Chartwell under the N franchise, and WHEREAS, James will merge or liquidate Chartwell into itself Sa so that James will hold the franchise directly, and ko 00 M yr WHEREAS, the Board of County Commissioners of the County of ,`"-, o Weld recognizes that James will initially be serving only a small w area in Weld County of less than 500 subscribers, and 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 section of Ordinance No. 94-A, and WHEREAS, application has been duly made by James requesting approval of the transfer of the franchise. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado: 890501 Page 2 RE: JAMES CABLE PARTNERS, L.P. <r o 0 O SECTION 1 . N U County hereby consents to and approves the transfer of all of the 2 capital stock of Chartwell to James and the subsequent merger or o o g liquidation of Chartwell into James, and to the assumption by James of all of the duties and obligations under the franchise, o c4 • 51 such assignment and transfer to be effective upon the transfer of 2 the capital stock of Chartwell to James . 0 w• SECTION 2 . r County acknowledges that as of the date hereof, the franchise is o x in full force and effect, the same as is held by, and the rights g and privileges granted thereunder, inure to the benefit of rn a Chartwell, and that to the best knowledge of County, Chartwell is co in full compliance with the franchise. rz • SECTION 3 . LO O C g That the consent and approval hereby granted is given pursuant to the terms and provisions of the franchise, but do not, however, Nw w constitute, and shall not be construed to constitute, a disclaimer z or waiver of any rights granted or any duties or obligations • 2 imposed by the franchise, except as provided herein. N r� O u a SECTION 4 . That County hereby approves and consents to the following 1O °' exception pursuant to the WAIVER OF REQUIREMENTS section of N N Ordinance No. 94-A: N O glq Section C. of heading "Company Services" shall be waived, unless and until there are a total of 500 subscribers on the system. SECTION 5 . That the franchise originally held. by Chartwell was duly and legally adopted and approved by County, and that said franchise is hereby validated, ratified, and confirmed . 890501 Page 3 o O RE : JAMES CABLE PARTNERS, L.P. 0 M O SECTION 6 . n 0 • That James shall be controlled at all times during its operation, o g installation, and maintenance of the system pursuant to the o a franchise by all provisions of the County Ordinance No. 94 , as 4-n-r4 amended , and that any such terms of said Ordinance are a0 incorporated herein as if fully restated. U a• SECTION 7 . .. o That James shall not assign the franchise granted herein, or any o x right or interest contained therein, without the written consent aof County; provided , however, that James has the right to assign, m u mortgage, or pledge the franchise as collateral security for any loan to purchase and/or operate the cable television system. z H w, H SECTION 8 . c) co 51• County hereby consents to any such assignment, mortgage, or pledge M ✓ w as collateral security; agrees to provide to any secured party the N [*., same notice required to be given James under the franchise; agrees w z that any secured party shall have the same rights as James to cure c,1 ,4 any defaults under the franchise as assigned; and agrees that i.f o any secured party assumes the rights and obligations of James u x under the franchise because of any default, that said secured a party shall have the right to assign its assumed rights and 0 obligations to a third party that is reasonably capable of MU') performance of James ' obligations under the franchise subject to H No the written consent of County. SECTION 9 . That the sections of this Resolution are hereby declared 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 herefrom. 890501 vi o Page 4 oo o RE: JAMES CABLE PARTNERS, L.P. y o U Ca SECTION 10 a 0 3 That this franchise shall become effective upon signature of this o a Resolution. ilk M a The above and foregoing Resolution was , on motion duly made O and seconded, adopted by the following vote on the 12th day of a June , A.D. , 1989 . cry LiQ c ct/td(CfmJ BOARD OF COUNTY COMMISSIONERS al o g ATTEST: WELD COUNTY, COLORADO R'. 0) 4 Weld Cou ty .and Recorder G�i 1� and Cler 4 p 1 C.W. Kir� y, C irman o m B-Y�_, a. .e_ ne JoCon, Pro-Tem epu y y Clerk M 3Y N t=, APPROVED A TO FORM: Gene R. Brantner 03 Z M l , �� 1 o — � George Ken ya 'lCI /- Goofx County Attorney N N HO W G. 890501 HEARING CERTIFICATION DOCKET NO. 89-29 RE: AMENDMENTS TO CABLE TELEVISION FRANCHISE - JAMES CABLE PARTNERS, L.P. A public hearing was conducted on June 12, 1989, at 9:00 A.M. , with the following present: Commissioner C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene Brantner Commissioner George Kennedy Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Tommie Antuna Assistant County Attorney, Bruce T. Barker The following business was transacted: I hereby certify that pursuant to a notice dated May 31, 1989, and duly published June 1, 1989, in The New News, a public hearing was conducted to consider amendments to the cable television franchise granted to Chartwell Cable of Colorado, Inc. , on December 19, 1988. The amendment to this franchise is for transfer and assignment from Chartwell Cable of Colorado, Inc. , to James Cable Partners, L.P. Bruce Barker, Assistant County Attorney, made this matter of record. Mr. Barker said this franchise serves the River Valley Village Mobile Home Park, Casa Grande Estates, and Enchanted Pills Subdivision. He said the new company will be named Platte River Cable, and it will be a subsidiary of James Cable Partners, L.P. Bob Briney, of Chartwell Cable, and Doug Catiano, of Platte River Cable, came forward to answer questions of the Board. Mr. Barker said he reviewed the application, and it appears to be complete. He said that James Cable Partners, L.P. , is requesting a waiver of the local production equipment requirement which is found in Ordinance 94, Section C. of "Company Services." Mr. Barker recommended that the Board approve the assignment and transfer of this franchise and grant the waiver, but that it require that James Cable Partners, L.P. , comply with the local production equipment requirement when the subscriptions total 500 homes. Commissioner Lacy moved to approve the recommendation as stated by Mr. Barker. Seconded by Commissioner Johnson, the motion carried unanimously. This Certification was approved on the 19th day of June, 1989. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST: �1 WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Bo C.W. Kirby, Chai an eputy County Cl rk �Ja q ne oh son, Pro-Tem L�6L_ ene R. Brantner r Georg TAPE #89-24 DOCKET #89-29 ORD 94 Gord ac 890501 ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or Docket # for the hearing you are attending. TODAY' S HEARINGS ARE AS FOLLOWS: DOCKET # 89-29 Amendments to cable television franchise, Chartwell Cable DOCKET # DOCKET # NAME ADDRESS HEARING ATTENDING 4. /1 3 4 ho 1 4 U II'3 S /4 2 ))a X/2/ /, e 7 / s 6-geihztecy IsisoS1 tek,, ar. mEmoRAnDum Wilk Board of r" County Commissioners Date JnnF 9 , 1989 COLORADO From Bruce T. Barker, Assistant County Attorney Transfer and Assignment of Cable T.V. subject: Franchise from Chartwell Cable to James Cable Partners On Monday, June 12 , 1989 , you will be asked to approve the transfer and assignment of a cable T.V. franchise from Chartwell Cable to James Cable Partners . This transfer and assignment is pursuant to Weld County Ordinance No. 94 , as amended by Ordinances 94-A and 94-B. The franchise is currently held by Chartwell Cable of Colorado, Inc. The company has held the franchise since December 19 , 1988 . The franchise serves the River Valley Village Mobile Nome Park, Casa Grande Estates, and the Fnchanted Hills Subdivision . It is my understanding that James Cable Partners desires to purchase Chartwell Cable so as to move into the Weld County cable market. Chartwell Cable is happy to sell to James, because Chartwell does not currently have the capital to fund the projected expansions which it desires to make. It appears that everything about the franchise will remain the same with the exception of the name. James is not at this time asking for any expansion in the size of the franchise . Please note that the new company will be named "Platte River Cable" and will be a subsidiary of James Cable Partners. I have reviewed the application by James . It appears to be complete. Mr. Bob Briney and Douglas Catiano will be present at the Monday meeting to answer any of your questions. Please note that James is asking for a waiver of the local production equipment requirement found in "Company Services, Section C. " I suggest that the Board grant the waiver, but require that James comply with the local production equipment requirement once the subscriptions total 500 homes. I recommend that the Board approve the assignment and transfer of the cable T.V. franchise from Chartwell Cable of Colorado, Inc. , to James Cable Partners . / �� Bruce T. Barker Assistant County Attorney PTB: sa. 890501 NOTICE Docket No. 89-29 Pursuant to Weld County Ordinance No. 94, as amended, 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 amendments, including a change of ownership to James Cable Partners, L.P. , for the cable television franchise granted to Chartwell Cable of Colorado. Should any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board 's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. 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: June 12, 1989 TIME: At or about 9:00 A.M. REQUEST: Amendments to cable television franchise BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: May 31, 1989 PUBLISHED: June 1, 1989, in The New News 890501 NOTICE No.89-29 Pursuant to Weld Cou a th aird le ibest of the Board of County Colorado,Weld. oCountyeld Cente County, .- - Colorado, : . ... Floor,,r'Greeley, Colorado, at at the time, indicated below, for - consideudirt ration of g amendments,of ershiP to James Cable Partners, L.P., for the cable television franchise - (ranted to Chartwell Cable of Colorado. .. - Should any interested party desire the presence of a court reporter to make a record of the proceedings in addition to the taped record which will be kept during the hearing. the Clerk to the Boards Office can be contacted fora list of certified court reporters m the area. If a court reporter is obtained the Clerk to the Board's of such action at least fiveTdays ' prior to the hearing. The cost of engaging a court re orter shall be borne by the reques party Application the of s ma be examined in tBo office of my Mating'Commissioners,one Board of in the WeldCuntylocated a the ' Weld County entennial Center, 915 10th Street, Third Floor, Gre eley,Colorado. TAME: June o TIME: about 9:00 A.M. REQUEST: Amendments to cable television franchise BOARD OF COUNTY CO COMMISSIONER.( WELD COUNTY, COLORADO BY: MARY UEfE NN r,ERSIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary,Redf,Deputy DATED: MaY 31,Due _.:... ..._ _. ._- - _.._... Published m The New News June ,1989. — _,(4,-(2a,---)Ce1/70(1---- -----77i 890501 Platte River Cable June 6, 1989 Clerk & Recorder Weld County P.O. Box 758 Greeley, Colorado 80632 Dear Madams and Sirs, Please accept the following as our request for a waiver of the following requirements under the Weld County Cable Television Franchise Ordinance #94. Because our system will serve less than 500 subscribers, we hereby request a variance from: Company Services, Section C: Equipment for local production and presentation of cablecast programs. James Cable Partners, L.P. is looking forward to serving Weld County residents. Sincerely, Kelly Hargan General Manager A subsidiary of James Cable Partner, L.P. 113 S. College Ave., Suite A • Ft. Collins, CO 80524 • (303) 224.3325 590501 Platte Rii,rr Cable June 6, 1989 TO WHOM IT MAY CONCERN I , Douglas Catiano, in my position as Chief Engineer and the senior technical consultant for James Cable Partners, L.P. Colorado operations, do hereby state that I have reviewed Weld County Ordinances #94, #94A, #94B in their entirety. I hereby declare that James Cable Partners, L.P. -s planned cable system (network) will meet all requirements set forth in the above stated ordinances. .-z Do las Catiano C of Engineer A subsidiary of James Cable Partner, L.P. 113 S. College Ave., Suite A • Ft. Collins, CO 80524 • (303) 224.3325 890501 Cc: .. ". Chartwell 5299 D7C Boulevard r I . Suite 260 �,-rt `� • Englewood. CO 80111 303/694-1700 FAX 694-0070 Regional Office 125 Crestridge Fort Collins, CO 80525 Ph. ( 303 ) 225-0537 Weld County April 25, 1989 ATTN: Bruce Barker 915 10th Street Greeley, CO 80631 Dear Bruce: This letter is our formal request to have our cable television franchise with Weld County transferred to James Cable Partners, L. P . Through unusual and extraordinary circumstances we have found it necessary to seek additional capital to complete the construction we have planned in Weld County. Our Company will be able to finish this construction under a management agreement with James . However, their Partnership structure requires that the franchise be transferred in their name before the investment is made . We can assure you that we will continue to work with the County in a cooperative and professional manner throughout the project to ensure that the residents in Weld County receive the finest cable service available . Your cooperation and expeditious handling of this matter is greatly appreciated. SinCer f71 , ✓ R bert J;. Briney Vice Prd-sident Of Operations 830501. DATE: May 31 , 1989 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 12th day of June, 1989 , at or about 9 : 00 A.M. Docket No. 89-29 - Amendments to cable television franchise granted to Chartwell Cable of Colorado - James Cable Partners, L.P. OFFICE OF THE LE TO THE BOARD BY: y ( 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 890 5o1 James Cable Partners, L. P . 113 S . College Fort Collins, CO 80524 Ph. ( 303 ) 224-3325 APPLICATION FOR WELD COUNTY CABLE TELEVISION FRANCHISE TRANSFER The following is to provide information in accordance with the requirements under Weld County Ordinance #94 --APPLICATION Section pages 10-14 : A. ( 1 ) Applicant: James Cable Partners, L. P . 113 S . College Ave . Fort Collins, CO 8052 Application Date : May 26 , 1989 ( 2 ) Proposed James Cable Partners, L. P. is System: purchasing the cable system from Chartwell Cable Of Colorado . Chartwell ' s present system comes from Del Camino and extends to Enchanted Hills and Casa Grande Estates Sub- divisions. Business Hours: Office : 9am - 5p. m. Weekdays exc . holidays. Staff: Manager Technician - Kevin Allred Clerk - Krystal Lingenfelter Maintenance Procedures: General : On-going planned System Maintenance Program that incorporates the highest of CATV technical standards . Customer repairs: completed within 24 hours. Outages : worked on and repaired immediately -- 24 hours a day 7 days a week. 890501 1 Management- The system will always have a full- Marketing time manager. Also, additional management and marketing support will be provided by the regional office in Fort Collins . Most marketing procedures will be in the area of direct sales and direct mail . Direct sales will mainly involve contacting the potential subscriber at the time of installation. Public Access A channel will be set aside for use by the public and will conform to the County guidelines . However, a waiver is requested from providing any public access equipment until the system reaches a level of 1000 subscribers. Services Provided The system initially will consist of 22 channels of programming with a capacity of 36 . Also, the system will be designed for 450 MHz which will give it the eventual capacity of over 50 channels . The system will also be capable of two-way transmission. The proposed programming will consist of the primary Denver Off-Air stations and approximately 15 National Basic Cable services that will include at least three premium channels, i . e . HBO, Showtime and Disney ( see attached Channel Line-Up) . ( 3 ) Automated Services Basically, all CATV headend services are automated. ( 4 ) Production Facilities The Company is requesting a waiver And Assist- from the production facilities ance requirement. However, channel space will be allocated to the County government, local school district and surrounding community. The Company pledges its assistance whenever possible by providing its local staff and facilities for any programming that the County, schools or community provides. The Company will provide the distribution equipment necessary, such as modulators or receivers . 890501 2 ( 5 ) Rates Basic ( 18 channels ) $ 15 . 95 Per Month Premium (HBO/Disney/Showtime ) : 1 Premium 10 . 95 2 Premium 9. 95 ea. 3 Premium 8. 95 ea. Additional Outlets 2 . 50 Remote Control Units 3. 00 One-Time Charges: Connection 25 . 00 Added Outlet Connection 15 . 00 ea. Converter Deposit 20 . 00 Miscellaneous at time and materials Motel/Hotel/Commercial variable Pay-Per-View/Special Events variable ( 6 ) Company Structure James Cable Partners, L. P . is a Delaware Limited Partnership. qualified to do business in the state of Colorado. ( d) Ownership The full ownership of the system and its facilities is: 100% James Cable Partners, L. P. ( 7 ) Applicant See attached "Background" . Relationships (8 ) Franchises See attached "Subscribers" . ( 9 ) Audited See attached "Background" . Financial ( 10 ) Technical Description The System will be 36 Channel Capacity, 2-way capable , 330MHz with the future expansion possibility of 50 Channels and 450 MHz. It will operate from its main headend facility located in the River Valley Mobile Home Park in Del Camino at the Junction of Hwy. 119 and I-25 . The System will run 24 hours a day, and although no studio equipment will be available , the County, School District or members of the local community may use the allotted system facilities at any time with reasonable notice . 890501 3 ( 11 ) Technical Staff The Senior Technical Staff Statement Statement as to the System ' s compliance with this Ordinance is hereby attached . ( 12 ) Franchises See attached "Subscribers" . Held ( 13) Statement The applicant, nor none of its officers or directors, has, in the past, been convicted of a felony. ( 14 ) Experience See attached "Background" and "Subscribers" . ( 15 ) Renewal Does not apply. ( 16 ) System ( see attached map) Boundaries Del Camino area at Hwy 119 & I-25 then east along Hwy 119 to Enchanted Hills and Casa Grande Estates . These are the primary areas we wish to serve now. However, we will be applying for the Mead franchise and if we receive it we will want to serve the outlying area along with the areas needed to get there with our lines . We also would like to serve a few scattered areas within the County once we complete our feasibility studies. We will serve the residents within the system boundaries in accordance with the guidelines setforth in the franchise ordinance under the "DEFINITIONS" SECTION item "T" page 5 . 890501 4 CHANNEL LINEUP CH CALL LETTERS ORIGIN TYPE 2 KWGN DENVER IND 3 CVN NATIONAL CABLE 4 KCNC DENVER NBC 5 MTV NATIONAL CABLE 6 KRMA DENVER PBS 7 KMGH DENVER CBS 8 ESPN NATIONAL CABLE 9 KUSA DENVER ABC 10 LOCAL COMMUNITY/GOVT. /SCHOOL 11 HBO PREMIUM CHANNEL 12 KBDI BROOMFIELD PBS 13 KDVR DENVER INDEPENDENT 14 SHOWTIME PREMIUM CHANNEL 15 NICKELODEON NATIONAL CABLE 16 WTBS NATIONAL CABLE 17 DISCOVERY NATIONAL CABLE 18 ARTS & ENT. NATIONAL CABLE 19 DISNEY PREMIUM CHANNEL 20 KTVD DENVER INDEPENDENT 21 SHOWTIME PREMIUM CHANNEL 22 WGN NATIONAL CABLE 23 VH1 NATIONAL CABLE 31 CNN NATIONAL CABLE 890501 5 MAY 26, 1989 TO WHOM IT MAY CONCERN: I, Robert Thomas O 'Brien, in my position as Operations Manager and the senior technical consultant for James Cable Partners, L. P . do hereby state that I have reviewed Weld County Ordinance # 94 , # 94A and # 94B in their entirety. I hereby declare that James Cable Partners, L. P. ' s planned cable system (network) will meet all requirements set forth in the above stated ordinances. Robert T . O 'Brien Technical Consultant James Cable Partners, L. P. 8905' '1 6 AMENDMENT TO WELD COUNTY CABLE TELEVISION APPLICATION Officers And Directors : See attached "Background" . 6 ( d ) Ownership The System will be owned 100% by James Cable Partners, L. P. 710 N Woodward Ave . Suite 180 Bloomfield Hills, MI 48013 Ph. ( 313 ) 647-1080 Local Office The System ' s local office is located within the required 30 miles from the system and its address is : 113 S . College Fort Collins, CO Ph. ( 303 ) 224-3325 Toll Free Number The System' s toll free number for subscribers is 678-5244 and will be fully operational before the franchise is approved. 890501 7 Date: 12/13/88 Page: 1 Time: 10:31:49 James Cable Partners, L.P. SUBSCRIBERS 1/88 2/88 3/88 4/88 5/88 6/88 7/88 8/88 9/88 10/88 11/88 12/88 Lk Chas 0 8398 8493 8587 8682 8776 8871 8965 9060 9154 9249 9343 Huksvll 0 0 0 0 0 3885 3902 3919 3937 3954 3971 3969 G'vilLe 0 0 0 0 0 6688 6716 6743 6771 6799 6826 6854 Paradigm 0 0 0 0 0 0 0 13913 13961 14008 14055 14103 J'boro 0 0 0 0 0 0 0 0 8590 8645 8701 8756 Eatonton 0 0 0 0 0 0 0 0 0 0 5021 5066 Guey Dan 0 0 0 0 0 0 0 400 '401 402 403 404 Forsyth 0 0 0 0 0 0 0 0 0 0 2568 2611 Pltt Rvr 0 0 0 0 0 0 0 0 0 0 0 9230 Saratoga 0 0 0 0 0 0 0 0 0 0 0 1173 Durant 0 0 0 0 0 0 0 0 0 0 0 0 nnnoke 0 0 0 0 0 0 0 0 0 0 0 0 -•rardr 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8398 8493 8587 8682 19349 19489 33941 42719 42962 50795 61530 • • 1/89 2/89 3/89 4/89 5/89 6/89 7/89 8/89 9/89 10/89 11/89 12/89 Lk Chas 9438 9531 9626 9721 9815 9910 10005 10099 10194 10289 10383 10478 HuksvLL 4006 4023 4041 4058 4075 4135 4145 4154 4164 4174 4183 4193 c'ville 6881 6909 6937 6964 6992 7043 7066 7090 7113 7136 7159 7183 Paradigm 14150 14198 14245 14293 14340 14387 14435 14524 14564 14604 14644 14683 J'boro 8812 8867 8923 8978 9034 9089 9145 9200 9355 9393 9430 9467 Eatonton 5111 5156 5201 5246 5291 5336 5381 5426 5471 5516 5590 5630 Guey Dan 405 407 408 409 410 411 412 414 415 416 417 418 Forsyth 2654 2697 2740 2783 2827 2870 2913 2956 2999 3042 3245 3259 Pltt Rvr 9240 9249 9258 9268 9277 9287 9296 9306 9315 9324 9334 9367 Saratoga 1178 1183 1187 1192 1197 1201 1206 1211 1215 1220 1225 1244 Durant 5301 5340 5379 5418 5457 5496 5536 5575 5614 5653 5692 5731 Roanoke 5566 5598 5631 5664 5696 5729 5761 5794 5826 5859 5892 5924 Alexandr 6848 6898 6947 6997 7047 7096 7146 7195 7245 7295 7344 7394 E. Texas 1472 1476 1480 1484 1489 1493 1497 1501 1506 1510 1514 1518 81063 81533 82004 82476 82947 83485 83944 84445 84996 85430 86052 86490 890501 BACKGROUND OF JAMES CABLE PARTNERS, L. P. James Cable Partners, L.P. ( "Partnership" ) is a Delaware limited partnership formed on January 12 , 1988 for the purpose of acquiring, owning, controlling and operating cable television systems in the United States. The address of the Partnership is 71D N. Woodward Ave. , Suite 100, Bloomfield Hills, Michigan 48013 . Investors in the Partnership include The Prudential Life Insurance Company of America, State Farm Mutual Automobile Insurance Company, Teachers Insurance & Annuity Association of America and Dysson-Kissner-Moran Corporation. The General Partner of the Partnership is James Communications Partners, a Michigan general partnership formed in December 1987 for the purpose of acting as the general partner of the Partnership, The General Partner is comprised of one Michigan corporation, Jamesco, Inc. , and one individual, C. Timothy trenary. Jamesco, Inc. is wholly-owned by William R. James . Biographies of the principals of the General Partner follow: William R. James, 53 , was President and Chief Executive Officer of James Communications, Inc. ( "JCI" ) In one year, Mr . James built JCI from a start-up company with no subscribers to the nation' s 75th largest cable multiple system operator, with approximately 90, 000 subscribers located in six separate management units . Prior to founding JCI in January 1986 , Mr. James was Executive Vice President of Capital Cities Communica- tions , Inc , ( "Capital Cities" ) and President of its Cable Television Division since 1980. In six years, Mr . James built Capital Cities Cable Television Division from a start-up operation to the nation' s 20th largest multiple system operator, with 380 ,000 subscribers in 55 systems located in 16 states. In 1985, Capital Cities Cable Television Division had annual revenues of $84 , 580, 000 and operating cash flow of $38, 500 , 000 . From 1969 to 1960, Mr. James was Vice President and General Manager of Capital Cities' most profitable radio station, WJR in Detroit. During this time , Mr. James also operated other Capital Cities Businesses . He was President and Publisher of the Oakland Press, Pontiac, Michigan; President of Fairchild Publications; Chairman and Chief Executive Officer of Flambeau Paper Co. ; and President of Screenvision, Inc . Prior to joining Capital Cities , Mr . James was a partner at Touche, Ross & Co. , in charge of national 890501 .�' q- manufacturing consulting. He was employed by Touche Ross from 1962 to 1969 . From 1960 to 1962 , he was plant manager of the N.A. Woodworth Co. , Ferndale, Michigan, and from 1955 to 1956 was an engine designer with Ford Motor Company. Mr. James has an MBA degree from Harvard University Graduate School of Business Administration and a BS degree in Mechanical Engineering from Princeton University. C. Timothy Trenary, 31 , was Vice President, Finance of James Communications, Inc. and was responsible for the Company' s financial matters . Mr. Trenary formerly served as Opecativzla Manaysl Northern Region for Post-Newsweek Cable, Inc. ( a Division of The Washington Post Company) . In this position, he was responsible for all operations matters , financial , budget and forecasting activities of the Northern Region, which encompasses 100 ,000 subscribers. Prior to this, Mr . Trenary served in the same position at Capital Cities Cable, which sold its cable television systems to The Washington Post Company, His career at Capital Cities Cable began in 1981 as Accounting Supervisor responsible for all accounting activi- ties. Mr. Trenary then became Manager of Financial Controls and developed, implemented and monitored the Company' s systems of internal accounting control and management information systems. These systems are presently used by JCI . Previously, Mr . Trenary was staff Auditor at Arthur Young & Company in Detroit. Mr. Trenary has a BA degree in Accounting from Michigan State University and an MBA degree from the University of Detroit. Mr. Trenary is a Certified Public Accountant. The Partnership is represented by the law firm of Miller, Canfield, Paddock and Stone, 1400 N. Woodward Ave. , Suite 100, P.O. Box 2014, Bloomfield Hills , Michigan 48303-2014 and the accounting firm of Touche, Ross & Co. January 1,1989 43915-0001 BJGT0364 -2- 8905M LIABILITIES AND PARTNERS' EQUITY CURRENT LIABILITIES; Notes payable (Note D) $ 1,750,000 Accounts payable 1,534,056 Accrued expenses (Note 0) 1,503,098 Unearned revenue 1, 233,579 Subscriber deposits 129,365 Current portion of long-term debt 2,324 TOTAL CURRENT LIABILITIES $ 6,152,422 LONG-TERM DEBT (Note E) 55,525, 564 COMMITMENTS AND CONTINGENCIES (Notes A and F) PARTNERS ' EQUITY 66,825,647 TOTAL LIABILITIES AND PARTNERS ' EQUITY $128,503 ,633 See notes to financial statements. 89®5`"1 !'Ir►u� 1 Russ JAMES CABLE PARTNERS, L.P. (a Delaware limited partnership) BALANCE SHEET December 31, 1988 ASSETS Note E) URRENT ASSETS: Cash and cash equivalents $ 9,371, 368 Accounts receivable: Subscribers (net of allowance for doubtful accounts of $329,000) 1, 218 ,678 Other 521,435 Prepaid expenses 81,609 TOTAL CURRENT ASSETS $ 11,193 ,090 ROPERTY, PLANT, AND EQUIPMENT: Cable television distribution systems and equipment $ 38,978 , 939 Land and land improvements 181,004 Buildings and building improvements 580, 271 Office furniture and fixtures 400, 507 Vehicles 902 , 798 $ 41, 643, 519 Less accumulated depreciation (5,662,785) $ 35,380,734 NTANGIBLE ASSETS (Note C) 81, 659,320 EPOSITS (Note F) 270,489 TOTAL ASSETS $128,503, 633 • -2- 6905 t1 • 5/31/89 COPY OF NOTICE MAILED FIRST CLASS TO: BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO P. O. BOX 758 GREELEY, COLORADO 80632 ROBERT J. BRINEY CHARTWELL CABLE 125 CRESTRIDGE FORT COLLINS, CO 80525 8905(1.P1 I -r -- a m - I (V co • W ix) , S to O O ___ ..__ ..___4'-_..-f - n- W V ai W Z \ P4 cr d v a 0 0 o Lt7 Z en p4 H - I - C —i O (9( Lunr '008E wiod Sd • too.- P 8 Iii _ l i! ! ! h 5 . \ ❑ lit � .. p et al a�� ❑ �` . r1i ! sW IL' mm ff reo '‘,„ti s ii a s d. i! i $� n C npc m s 2 C8 12 W '- P4 O Fa aeg 8g w : A 1 I $ Ft* j O≥ of MJ'X ifl X r'- 6 8905'1 Hello