HomeMy WebLinkAbout670197.tiffRESOLUTION
WHEREAS, after a full and complete hearing on all aspects of the
application of Greeley Cablevision Corporation for a permit 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 or utilities in
the unincorporated area of, the County of Weld, and
WHEREAS, after full discussion and due deliberation, the Commissioners
of the County of Weld, herein called the "County", find that the con-
struction, operation and maintenance of a cable television system serving
the County is consistent with the public interest, and specifically, with the
establishment and healthy maintenance of television broadcast service within
the unincorporated areas of the County, and
WHEREAS, the granting of such permit is, in the judgment of the Commissioners,
conducive to the best interests of the inhabitants of the County.
NOW, THEREFORE, BE IT RESOLlrED that the permit requested by Greeley
Cablevision Corporation, a Colorado corporation, its successors and assigns,
herein called "r'ermittee", a non-exclusive, revocable permit 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 un-
incorporated areas of the County as its corporate limits may from time to time
exist. The permit and all rights granted hereunder shall continue for a period
of 15 Years from the effective date hereof, unless sooner terminated or revoked.
Section 2. Uermittee is hereby granted the right, permission and
authority to construct, operate and maintain all facilities necessary or
appropriate for its cable system or the transmission of signals by wire in,
under, above, along and upon the roads,highways, bridges, viaducts, and
easements for the public or. utilities.
Section 3. All construction of Fernittee shall comply with all existing
and future regulations pertaining to said roads, highways, bridges, viaducts,
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easements for the public and utilities. The construction, operation and
maintenance of Permittee's transmission and distribution system shall be
carried out in such a manner so as not to obstruct or hinder the usual travel
on such roads or highways or endanger persons or property, and shall not
interfere with improvements which the County may deem proper to make, and
if Permittee's facilities interfere with the County's use of said roads,
highways, bridges, viaducts, and easements, such nermittee's facilities shall
be removed at Permittee's expense, and any corrections necessary shall also
be at Permittee's expense. During the construction of Permittee's facilities,
said Permittee shall at all times erect such harriers, fences, hoardings, and
during the periods of dusk and darkness shall be clearly designated by warning
lights to protect the public and to avoid any and all accidents arising from
the use of the privilege granted herein.
In the event Permittee's distribution system should conflict with any
existing easement, Permittee shall modify and move its distribution system at
its own expense to avoid such conflict.
The Permittee, at its own expense, shall repair, replace and reconstruct
any of the rights of way of the County altered by it and place the same in its
condition prior to alteration at the expense of the Permittee. Permittee
shall at its own expense modify its transmission and distribution system when
necessary to avoid such hindrance, obstruction or danger.
Section 4. The operations and facilities of Permittee shall be conducted
and maintained in a manner which will not interfere with the radio and tele-
vision reception obtained through any method other than Permittee's facilities
and will not in any manner interfere with the communication facilities owned
and operated by Weld County.
Section 5. Permittee shall commence construction of its system promptly
after: This permit has become effective; the approval of the Federal Communica-
tions Commission has been obtained; appropriate pole alterations have been
made; and the necessary microwave facilities have been substantially completed.
It shall carry on such work diligently and without any unnecessary delays and
it will commence service to the public immediately after completion of a sub-
stantial portion of the system, due allowance of time being made for delays,
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if any, caused by labor troubles, governmental prohibitions, fire and other
casualties, and all other causes beyond Permittee's reasonable control,
whether like or unlike the foregoing.
Section 6. The facilities constructed or operated by Permittee in
connection with its system may also he used to provide service to areas
outside of the County.
Section 7. Permittee shall indemnify, protect, defend and hold harmless
the County from and against liability for losses and physical damages to
property, and bodily injury or death to persons, including payments made
under any Workmen's Compensation law, which may arise out of or be caused
by the erection, maintenance, presence, use or removal of said facilities
within the County or by an act of Permittee, its agents or employees.
Permittee shall carry at its own expense, insurance with the County named
as a co-insured, to protect the parties hereto from and against all claims,
demands, actions, judgment, costs, expenses and liabilities, which may arise
or result, directly or indirectly, from or by reason of such loss, injury or
damage. The amounts of such insurance against liability due to physical
damages to property shall be not less than $100,000.00 as to any one accident
and not less than $500,000.00 aggregate in any single policy year; and against
liability due to bodily injury or to death of persons, not less than $100,000.00
as to any person and not less than $500,000.00 as to any one accident. Permittee
shall also carry such insurance as it considers necessary to protect it from
all claims under any Workmen's Compensation Laws in effect that may be applicable
to Permittee. All insurance required by this permit shall be and remain in
full force and effect for the entire life of this permit, or as long as the
Permittee is operating under its terms. County shall be furnished a copy
of said policies. Said policies shall provide that the County be notified
promptly of non-payment of premium and that the County shall be given at
least 15 days' notice in writing before cancellation of said policy or. policies.
Section 8. Permittee shall collect from its customers and pay to the
County as a permit fee four per cent (14%) of the gross subscription receipts
paid to it by customers located within the unincorporated areas of the County.
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"Gross subscription receipts" shall mean the amount received by Permittee
from the sale of its services to such customers less any amounts collected
for the connection, termination, re -connection or installation of equipment
or lines necessary to commence rendering service to any customer. The
permit fee shall be determined quarterly and shall be paid within 30 days
of the end of each calendar quarter. The permit fee is in lieu of all
occupancy, business, or license taxes, assessments, fees, or other levies
upon the property or facilities of Permittee. Permittee shall comply with
all County regulations, and shall pay the usual and customary fees therefor,
such as road cuts, building permits, and the like. Upon paying the permit
fee, Permittee shall deliver to the County a statement of its gross sub-
scription receipts. For a period of six months thereafter the County shall
have access to Permittee's financial records relating to its gross receipts
during normal working hours for the purpose of verifying such receipts.
Permittee shall pay all real and personal property taxes levied against its
property.
Section 9. Without the prior consent of the Board of County Commissioners
of Weld County, the monthly subscription rate of $4.70 (plus an additional 4%
to he given the County) shall not be raised.
Section 10. Permittee shall, without charge, provide an outlet in
every public school, parochial school, college, police station, fire station,
sheriff's office, and public library within the cable television coverage
area in the unincorporated areas of Weld County, Colorado, as well as the
County offices located in Greeley, Colorado.
Section 11. If the Permittee has not acquired an extension or renewal
of this permit and other authority to continue its operation or the permit
granted is revoked by the Board of County Commissioners, Permittee shall,
within one Year of the expiration hereof, remove all of its facilities from
the County roads, highways, bridges, viaducts, easements for the public
or utilities and other County property and cease all operations therein.
Section 12. If any provision of this permit or the application thereof
to any person or circumstance is held invalid, such invalidity shall not
affect other provisions of this permit. The several provisions of this
permit are severable.
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Section 13. The Permittee hereby agrees to defend, indemnify and
hold harmless the County from any and all actions, causes of action,
suits or claims against the County by virtue of the r*rantinp_ of this
permit by the County and the use of the same by Permittee.
Section 14. This permit is granted the 2314 day of Aucnlst, 1967.
'.rI.t.�� ri .i L
OF THE BOARD OF COUNTY COMMISSIONERS,
WELD COUNTY, COLORADO
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