HomeMy WebLinkAbout670196BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, COLORADO
RESOLUTION
WHEREAS, after a full and complete hearing on all aspects of the application
of Greeley Video, Inc. 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, ater 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 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 tle inhabitants of the County.
NOW, THEREFORE, BE IT RESOLVED that the permit requested by Greeley Video,
Inc., a Colorado corporation, its successors and assigns, herein called "Permittee", 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 unincorporated areas of the County as its corporate limits may from time
to time exist. The permit and all rights granted hereunder shall continue for a period
of 15 years from the effective date hereof, unless sooner terminated or revoked.
Section 2. Permittee 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 Permittee shall comply with all existing and
future regulations pertaining to said roads, highways, bridges, viaducts, easements
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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 Permittee'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 barriers,
fences, boardings, 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 television 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 Communications 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 substantial portion of the system, due allowance of time
being made for delays, 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.
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Section 6. The facilities constructed or operated by Permittee in connection
with its system may also be 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 (4%) of the gross subscription receipts paid to it by customers
located within the unincorporated areas of the County. "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
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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
subscription 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 $4.95 (plus an additional 4% to be 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.
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 granting of this permit by the County and the use of the same
by Permittee.
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Section 14. This permit is granted the 19th day of July , 1967.
OF THE BOARD OF COUNTY
COMMISSIONERS, WELD COUNTY,
COLORADO
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Greeley
Video
July 26, 1967
i
i
i
2930 east third avenue / denver, Colorado 80206 / (303) 388-3953
Commissioners Marshall H. Anderson
Harold W. Anderson and
Edward L. Dunbar
Weld County Court House
Greeley, Colorado 80631
Gentlemen:
May I express the appreciation of Greeley Video, Inc. for the confidence placed
in our company by you in awarding the cable television permit on July 19.
As the attached letter from our Washington attorneys indicates, they are
commencing preparation of the petition which will imminently be submitted to
the Federal Communications Commission. We will certainly advise you of the
actual filing date, and unless you would like us to do otherwise we will keep
you continually advised as to the progress of our project.
I am informed that it is your desire to have any underground construction plans
that we may generate approved by you prior to commencement of work by us.
We shall consider this to be a condition of our permit and will be most happy
to comply with your wish.
Once again, many thanks from all of us who are so determined to push this
project to successful completion.
Respectfully,
se
Ad
Bi II Daniels
President
Attachment
cc/attachment:
Samuel Telep, Esq.
County Attorney
COL.,ZYLSTRA
ROGER S. ZY.STRA
ALAN RAYWID
_J___ Daniels
.- _esieenc
c/o Gree_ev Video, Inc.
2930 East Third Avenue
Leaver, Colorado 80206
Dear :i1 --
R "wPD
ATTORNEYS AT LAW
M UNSEY BUILDING
WASH.NGTON, D. C. 20004
July 24, 1967
AREA CODE 20::
STEHUNG 3-6767
This will confirm our ie: _.one conference of ul`7 1967
relative to the successful Oro:"se cat_on of your application ion fo
r
a cable television permit in Weld County, Colorado.
=_s discussed, it is our co side_a_ recommendation t__.a
Greeley Video proceed promptly with preparationand the filing
with the Federal Communications Commission of all applications
and other docur.ants necessary to implement the services authorized
by your :permit. In this respect, we have already undertaken to
commence preparation of appropriate papers. I am aware of the
fact that you want expedition on this project, and we are prepared
to proceed accordingly.
We know that you are currently in the process of seeking
et her such permits for conduct of a cable television business
the area; and, in this respect, it is our recorncendation that
upon successful prosecution of these other applications before
the local authorities, you take all necessary steps at the FCC
to incorporate any new area into your original application.
This, of course, should be done as quickly as possible. :n this
manner, we should be able to avoid any undue procedural or
substantive delays in the processing of these matters at the
Federal lever.
ee know that you are anxious to proceed with expedition and
we look toward successful prosecution of these matters before
u_.e Federal Communications Commission.
Sincerely,
rohn P. Cole, Jr.
V
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