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Weld County Code Ordinance 2025-04
In the Matter of Repealing and Reenacting, with Amendments, Chapter 8 Public
Works, and Chapter 11 Franchises of the Weld County Code
Be it ordained by the Board of County Commissioners of the County of Weld, State
of Colorado:
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, the Board of County Commissioners, on December 28, 2000, adopted
Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of
Weld, including the codification of all previously adopted ordinances of a general and
permanent nature enacted on or before said date of adoption, and
Whereas, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
Now, therefore, be it ordained by the Board of County Commissioners of the County of
Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and
hereby are, repealed and re-enacted, with amendments, and the various Chapters are
revised to read as follows.
Chapter 8
Public Works
Amend Sec. 8-2-40. Acceptable types of collateral.
A. The three (3) types of collateral listed below are acceptable to the County:
A1. An irrevocable letter of credit from afederal- or state -licensed financial institution
that has at least athree-star rating given by Bauer Financial consistent with a
sample form supplied by the County. The Board may require the applicant to obtain
replacement collateral if the rating of the financial institution providing the collateral
drops below this level, which shall be submitted within sixty (60) days of the
Board's notice to the applicant that the rating has fallen and that the collateral must
be replaced. The applicant may not terminate existing collateral until replacement
collateral has been secured.
4-a. The letter of credit shall provide for payment upon demand to the County if
the applicant has not performed the obligations specified in the
Improvements Agreement and the issuer has been notified of such default
or if, after the County has received notice that the letter will not be renewed
as set forth below, the County notifies the issuer that the applicant has not
provided adequate replacement collateral and the County intends to
demand payment, regardless of whether applicant is then in default.
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The issuer of the letter of credit shall guarantee that, at all times, the
unreleased portion of the letter of credit shall be available to the County for
the purpose of completing the uncompleted improvements enumerated in
the Improvements Agreement.
3c. The letter of credit must stipulate that it will automatically renew and shall
remain in full force and effect until released by action of the Board, or until
after the Board has received a minimum of sixty (60) days' written notice
from the issuer of the letter of credit of the pending expiration. The notice
shall be sent by certified mail to the Clerk to the Board.
82. A surety bond given by a corporate surety authorized to do business in the State
and having at least a B+ rating given by A.M. Best. The Board may require the
applicant to obtain replacement collateral if the rating of the financial institution
providing the collateral drops below this level, which shall be submitted within sixty
(60) days of the Board's notice to the applicant that the rating has fallen and that
the collateral must be replaced. The applicant may not terminate existing collateral
until replacement collateral has been secured.
C3. A cash deposit made with the Board.
B Upon acceptance by the Board, all forms of collateral shall be deposited into the Trust
Fund or physically retained by authorized personnel in the Clerk to the Board's Office.
Chapter 11
Franchises
Delete Chapter 11 in its entirety — Reserved
Sec. 11-1-10. Definitions.
For the purpose of this Article, the following terms, phrases, words and their derivations
shall have the meanings given herein. Words n -at def ned sha-II be given their common and
ordinary meaning.
limited to, the following:
a Public access channel means a specially de-sig-nated noncommercial public
access c lanne- ava+fabte -on a first -come, nondiscriminatory basis for which the
channel.
ction of programming for such a
b-- Education access cha-nnel -mean-s a specially deli-gnated channel for use by local
educational authorities -.-
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-Local government access cha-nnel means a specially des-ignated channel for local
government use.
including unused portions of the specially design
services.
basic service, provided by the grantee to its subscribers, directly or as a carrier for its subsidiaries,
affiliates or any other person engaged in communication services, including, but not limited to,
shopping.
- - ,
from, or in- connection with-, the o-peration of the cable television system, with no deductions
whatsoever=
regulated hereunder.
Application in-cludes all writte-n proposals, +n whatever form, made by the applicant to the County
co -
cable television system contemplated herein.
Basic service means all sub -scriber services provided by the Company, including the delivery of
broadcas- signals, covered by the reg-ular mo-nthly charge paid by all subscribers, excluding
a
the following:
b Channels designated for special purposes by the Board of County Commi�ioner-s
or its designate;
carr
on system as defined by the F.C.C.;
local organization and leased access
channel signals; and
d Additional service as proposed b -y the
hereafter provide.
Board of County Commissioners means the present go-verning body of the County or-a+�y
Cable television s 'very by the Company to television r
area of
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the County of all signals of over -the air television broadcasters allowed by the F.G.C. to be carried
by the television system a -s defined by the F.C.C.; a-4 F/M radio stations carried on the system;
,
channels; pay television channels; and other services provided for in this Article and the
Company's application.
Cable television system, CA TV system or community antenna television mews a system of
antenna, cables, w. , • ther conductors, converters, equipment or
facilities, designed and constructed for the purpose of producing, receiving, transmitting,
Cannel means a band of frequencies six (6) megahertz (MHz) wide in the electromagnetic
spectrum which is capable of carry+ng ether one (1) aud-io/video television signal or a number of
nonvideo signals.
Company means that pe rcni-ttee a-wa-ard-ed a perm -it p rs u amt to th-i s fra nc h+se for purpo-ses of
Converter rnean-s on etectron-ic device which coverts signal -s to a frequency not suscepti-ble to
,
Easement shall be limited to those rightsof way owned by the County, the terms, conditions or
aintena-nce of a
CATV system, its structures or equipment.
Equipment and apparatus mean -s manholes, conduits, poles, cabtes, boxes, wires,
fixtures, conductors or other facilities -necessary,
the cable television system.
F.C.C. means the Federal Communications Commission of the United States government or its
lawful successor.
Franchise means the nonexeiu-sive rights g -ranted pursua-nt to his Article to construct and operate
in connectio
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Company on the behalf of said governmental unit, and shall not include refunds or credits to
subscribers.
Initial service area means all that area within the boundaries of the permit area as it may be
changed from time to time, having at least fifty (50) dwelling units per street mile, and as set forth
in the Company's application.
Installation means the connection of the system from feeder cable to subscribers' terminals.
Party means any person, f-irm, partnership, association, corporation, company or organization of
any kind..
Programmer means any perso
program material for transmission by audio, video, digital or other signals, either live or from
recorded tapes, to subscribers by means of the cable television system.
Property of the Company means al -1 property, real or personal, owned, installed or used within the
permit area by the Company in the conduct of the cable television system business under the
Public notice means, unless otherwi-se defined herein, minimur
prior to the meeting. Commencing on the fifteenth day prio-r to the meeting, the Company shall
system between the hours of 7:00 p.m. a-nd 9:Q0 p.m. for den (70) consecutive days.
easement or dedication.
Return signals means a signaling path provi-ded by a cable
signals of a-ny type from a su-b-scriber terminal to a-n-othe-r point in th-e cable communisations
system. Th+s may include "Class IV Cha-n-nets" as defined by the F.C.C.
rvices provided by the
Com-pa-ny, i+�cEudi-ng the deliv-ery of broadcast an -d- programming covered by the regular
furnished by CATV companies for a reg-u
ar charge and suc
aeditional communications
return path services.
:er held by the County which
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Subscriber or user means a-ny pe-rson or entity receiving for any purpose any service of the
Company including, but not limited to, the conventional cable television system service of
retransmission of television broadcast, radio signals, the Company's original broadcasting, and
the loca government, educational, public access and leased channels and other services,
ano po ice, fire anc semi ar pub is service communication ano services associated wit
production and presentation of access channel programming.
t
�e
•
•
•
Tie franchise for CATV service granted by the County pursuant tc
to the Com-pany the right anc privilege to erect, con-struct, operate -and maintain in, upon.
its term any poles, Zvi-res, cable. underground conduits, manholes and other television
of the County on the terms and conditions -herei-na- ter set forth, provided that tie Company
shall obtain any road cut pe-rm-its - r other permits regu-ired by County regulations. Existing
obtained and approved by the Board of County Commissioners. The initial term of the
authority granted thereby shall take effect and be in force from and after the effective date
of the granting -of the franchise and after the company has:
1. F il-ecl with the -Cterk and Recorder ar} unconditional acceptance of the franchise
grant and enter into and ex s required by the County
ance shall be
yes of the permit area; and
nd made a part of the
provisions of this Article, that provision which provides the greatest benefit to the
County, in the opinion of the Board -of County Commissioners, shall prevail. Any
acceptance filed by the Company pursuant to this Section shall be in writing, duly
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C:
y or on behalf of the company, before a notary public or
2- File certificates of insura-nce as set forth in Section 11-1-190 of this Article.
3 File such bonds, letters of credit and -other sureties as required in Sections 11-1-
160 and 11-1-170 of this Article.
4 Reimbu-rse the Co-unty for the remai-ning balance of any costs incurred in
conducting a public hearing in determining the grant of any franch-ise for CATV
service.
5 -
be credited against sums due under Section 11-1-50 of this Article.
0
is that the Company may have
acquired under this Article -or the grant of the franchise shall immediately terminate, and
the company shall have no right, privilege or authority whatsoever under thi-s Article. In
the event the Company has paid the in-itial franchise fee as required in Subsection B
above, such fees shall. be refunde .se
complied with said provisions. If it has not, the chise
shall be deducted therefrom and the -balance refunded.
F
;pense or damage aris
The Company, by acceptance of a-ny franchise awarded pursuant to this Article,
acknowledges that it has relied upon its own i-nvestigation and understanding of the power
is
�a
be the overriding cuty of the Co-m-pany receiving the fran-chise to take advan-tape
econom-icaily serve its customers so that, at atl times, said cable television system shall
and this Article may be amended when, 4-n the opinion of the county, such amendment is
prrents in the
industry.
See. 11-1-30. Franc
rise required.
No CATV system- shall be allowed to -occupy or use the right-of-way of the county or be
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•. .
at any time during the period of this franchise.
•
•
A Applications for franchise for cable television service pu-rsuant to this Article shall be filed
Est contain the following:
1 The name and bus
of the applicant or
nd signature
2. A general description of the applicant's proposed operation including, but not
limited to: business hours, operating staff, mainte-nance procedures, management
procedures, rules of o-peration for public
7
and proposed programming.
welt as a description of the production facilities to be made available by the
al and educational a-c-ce-ss channels.
4 A statement explaining a -n y as si-stan-ce, to terms of personnel, equipment or
s{stance for the
5. A statement a# tie applfcan#'s proposed Fades +�-con-€orm+ty with this Article.
a. If the applicant is an indiv
it shall state the names ar}d addresses of all persons (including
corporations) laving a proprietary or equitable interest in and to the
all assignme
I I
benefit, -payment o -r emolument whatsoever res-u-Iti-ng from the grant of a
b If the applicant is
additionally, the names an -d addresse-s of the officers, directors and
report and a statement as to whether or n-ot the corporation is licensed to
do business in the State.
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c-
tion as defined by the Rules and
Regulations of the Securities and Exchange commision, the statement
in which the corporation is incorporated and/or
qualified to do business, the names and addresses of the officers and
directors of the corporation, and the names, addresses and number of
shares owned by h nominal and beneficial, owning one
0
d A full disclosure of the ownership of the facilities to be used in rendering
the service.
,
oral, existing between the applicant and a-ny other person, f-irm, group or
corporation with r
pplication is made.
st two (2) years, in which case th-e
ited financial statements for such lesser period of time
been in existence. If the applicant is a
partnership, audited financial stateme
Partnership Income Tax Return for its latest two (2) fiscal years or such lesser
period of time that said pa-rtn- rsh+p ha -s been in existence.
10. A technical description of th-e type of network propo-sed by the applicant, including,
operation capability and service to be provided and a description of the studio or
any, that will be made available to government
institution or agencies.
11. A statement from the applicant's senior technical staff member or consultant,
plicant's planned
s thereof will meet all of the requirements set forth herein.
12. A statement of existing franchises he
ld
by the applicant indicating, with
were constructed, together with the name, address and phone number of a
governmental official knowledgeable of the apptica+�t a-nd its performs-n-ce in each
such franchise area.
the past, been cony
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14. A statement detailing the prior cATV experi
eel
operation.
15. If an application is for renewal of the franchise, the proposal must inc
addition to the information required in Subsections 1 through 14 above:
ude, in
a A summary of the technical, financial and programming history of the
network since the granting of the original franchise.
b. A statement and timetable that Atli-ne-s all propo-sed changes, expansion
or improvements in the network as to services, programming or technical
specifications during the forthcom-i-ng ten-year period.
thereto, along withcup-porting evidence that cable service will not be denied to any
group of potential residential cable subscribers because of the income of the
sides.
The County reserves the right to require- su-ch suppiernentary, additional- or other
information that it deems reasonably necessary for its determination under this Article.
I-otwithstanding
payable to the cou
accompaniment of said check.
1. All checks received w-+11 be deposited to a� account of the county and will serve to
recover all expenses incurred b -y the Cou-nty in granting the franchise. Said
expenses shall include, but not be limited to, consultants' expenses, reasonable
value of services performed by the County's employees, agents or contractors,
ons or otherwise, for the granting of said franchise. In addition,
Any funds remaining after a-i-I expense -s -have been paid will be refunded to the
3 In the event that the expenses exceed the total amount of the fees collected from
Sec. 11-1-60. Time of the essence.
the com-pany, such time shall be deemed to be of th-e essence, and any failu-re by t -he company
to perform within the time set forth s f the terms of this Article
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a
I e -ti ne cnrvir��
pply -if such delay is occasioned
operation of the cable television system.
First Reading
Page 11
The company shall not be req-uired hereunder to extend its service to any area unless
there exists in that area a potential of at least fifty (50) dwelling units per street mile. When the
potential of fifty (50) dwelling -units per street mile does not exist, the company shall make a
char terial, for cable extension, for servicing
th-is portion of the system.
Sec. 1
-80. _oca
business o
rice.
The company shall maintain a local business office within thirty (30) miles of the permit
area for the purpose of receiving inquiries, complaints and requests for repairs or adjustments
and requests for repairs or adjustments may be received and processed with a minimum delay.
lie ; ervice interruption calls on a twenty
four-hour basis on a nontoll line.
subscriber complaints and requests for service at normal service intervals. When the basis
equipment, there shall be no charge to the subscriber for this service. Normal service
interval, for purposes of this Arti-cle, shall mean the period between the time that the
business day following the receipt of such notice, provided that the subscriber or his or
her representative is available during the period, at the premises.
completed.
Any verbal, telephone or written complaint relating to the quality or con-tin-uity of service
Orval. In the event that such complaints are
not responded to of that service i-s not restored to the levels required by the F.C.C. or by
the terms of this Article during said normal service interval, the subscriber shah be entitled
restored to set stancards. This provisio-n shah n-ot
because of an act of God, strike, nationa≥-ewer Inc
t -he control of the company. Similarly, this provision shall not apply to service requests or
ted to the
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•
■ ■ ■ ■ ■ v v .
The Company shall establish procedu d resolving
subscriber complaints. The Company shall furnish notice of such procedures to each
subscriber at the time of initial subscription to the system. In addition, the Company shall
maintain a written record or log listing date and time of customer complaints, identifying
�f the complaints and what action was taken by
the Company in response thereto. Such information as the County may require regarding
problem existing in Com-pang-awned. monthly or as otherwise specified herein. Said
records shell be kept at the Company's local office reflecting the operations to date and
shall be available for inspection du -ring regular business hours.
ty, casts a doubt on the reliability or quality of the cable
service provided, the Cou-nty shall have the right to test, analyze and report on the
performance of tlhis system. Such re -ports shall be delivered to the County no later than
ested, the equipment used and the procedures employed
in testing; the results -of suer tests; the methods in which said complaints were resolved,
shall be supervised by a registered profess-ional
y and selected by the County. Said
engineers shall sign ail records of special teas and forward to the County such records
ults of the test and recommending action to be taken by
Notwithsta
Crary, the Com-pany shah, at
prohibit the Company from perform-i-n-g any service i-n t with the terms of this Article or of
or law and the laws or regulations of the County or this Article.
Sec. 11-1-120. Police powers.
•
• •
•
•
•
•
A. The County reserves such rights and powers which, under applicable federal or state taw
or regulations, the County must re -serve and maintain. The Company shall comply with
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established.
CATv franchise.
Cr-
conduct of cable television systems.
Sec. 11 1 140. Notice.
hises within t
le
permit area to other persons for t
le
All notices from the Company to the County pursuant to this Article shall be to the -Clerk
to the Board or to such other officers d-e-sg-nated by the Board of County Commissioners. The
Company shall maintain with t
. .•
•
•
•
A The Company shall have the right and privilege of constructing, erecting, operating and
. . . .. . . . . . . . . . .. . .
under and over the streets within the permit area subject to the provisions hereof, and to
County.
B- No pavements, sidewalks, curbs, gutters or other such street installation shall be disturbed
and no excavation in any of said streets will be made, or any poles installed, except with
the express written permission of the County. All equipment and apparatus shall be
designated by the County, and the
Company shall repair any d+sturba-nce or excavation to the extent that tfie pavement,
sidewalk, curb, -gutter or other street inetanat+on -is returned to condition as it existed prior
to said disturbance or excavation.
C The Company shall, at its expense, protect, support, ternporarily disconnect, relocate in
the ve from the street or other pu-btic place any
property of the Company when required b -y th-e County t}y reason of traffic cond-itions,
public safety, street vacati-on, street con-s-tru-cti�, c -ha -nee in establishm-ent of street grade,
of str-uctural
improvement by any public agency.
D. All wires, cond-uits, cab -e -s and other property and facilities of the Company shall be so
or u-nnece ssa ril y
interfere with the usual ano customary trade, traffic and trade upon the streets and public
places of the County. The Company shall k
re they will interfere with the rights
or reasonable convenience of prosy owners, with- any gas, electric or
telephone fixtures, or with any water iyera-nts or sewer and water mains. All poles and
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other fixtures placed in the streets shall be placed in the
and the property, as specified by the County.
existing telephone and electric wires whenever possible. Multiple cable configurations
ngineering and safety
considerations. All installation shall be underground in those areas of the County where
all public utilities (those providing telephone or electric serv-ice) are underground. In areas
where b
Company may install its se
those facilities are required to be placed underground by the County, the Company shall
likewise place its service underground without additional cost to the residents of the
County other than as may be granted b -y the provi-sions of this Article.
s
The County shall give the Company reasonable notice of plans for street improvement
w -here paving or resurfacing of a permanent nature is involved. The notice shall give the
es as it
,
,
the Company to maintain continuity of service.
The Company shaft, at the request of an-- person a building moving permit,
such temporary removal, raising or lowering o -f wires shall- be paid by the person
requesting the same, and the Co-mpany sha-I-t have th-e a-uthority to require such payment
in advan-ce.
The Company shall have the authority to tri-m- trees overhanging upon streets, alleys,
sidewalks and a-ny other pubt+c ptaoe-s of the Comity so a -s to prevent the branches of such
trees from comi-ng
be done under the supervision and direction of th-e County and at the expense of the
viab-i ity of any trees or shrubbery trimmed. The Company may contract for such services;
however, any firm or individual shat obtain County approval prior to commencing such
activity. Any property owner whose property may be affected shall be given written notice
of the Company's intent to underta-lie su-ch actions at least ten (10) days prior to such
,
the County. Such requests for service shall be initiated by
the County. There shaft be no monthly charges for providing basic subscriber services to
said facilities.
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Sec. 11-1
60. Letter of credit or cas
deposit.
A. Within ten (10) days after the award of any —franchise for a cable television operation
granted pursuant to this Article, the company shall deposit with the county cash, an
ble performance bond, in the amount of two
thousand dollars ($2,000.00), the form and conte
County Attorney. The letter of credit shall be used to insure: the faithful performance by
the Company of all provisions of the franchise, this Article and the Company's propose;
compliance with all orders, permits and directions of any agency, commission, board,
department, division or office of the county having jurisdiction over this Article; and the
payment by the company of any claims, liens and taxes due the county which arise by
reaso-r-s of the const-ru-ct+o-R, operatoor} or mai-ntena�ce of the system.
B. The deposit shall be maintained at two thousand dollars ($2,000.00) d-u-ri-ng the entire term
pursuant to Subsection A or C of
this Section.
c If the company: fails to pay to the cou-nty any compensation within the time fixed herein;
fa-ils after ten {10) days' noti-ce t -o- pay to the county any taxes due and unpaid; fails to
repay to the county within ten (10) days any Damages, costs or expenses which the
County is compelled to pay by reason of ar
comply with any provision of this fran-chi-se which the county reasonably determines can
be remedied by demand on the letter of credit or cash deposit, the county may
,
The rights re -served to the County- with respect to the letter of credit or cash deposit are in
addition to all of the other rights of the county, whether reserved by this Article or
authorized by low, and- no action, pr or exercise of a right with respect to such
credit shall affect any other right the county may have.
ise, the Company shall obtain and
u�ety
,
the, Gountyatteracnount_to_batteter_minenonunty-te-Thecantee--tSimely
B The bond shall provide, but not be limitea to, the follow+ng conditions: There shall be
recoverable by the co-onty-, joi-ntly a-nd severally, from tie p'ncipal and- surety; any and all
where the CATV system -will be in-itially available to scribers pursuant to the terms and
conditions of Section 11 1 230 of this Article.
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C. Any extension to any- prescri-bed time km -it must be authorized by the Board of -County
Commissioners. Such extension shalt be authorized only when the Board of County
beyond the control of the Company.
the CATV system pursuant to -the term -s and conditions of Section 11--1-23-0 of tfa-i-s Art+c�e.
A
The rights reserved to the County wit
all other rights of the County. whether reserved by this Article or authorized by law, and
no action, proceeding or exercise of a right with respect to such construction bone shall
affect any other rig -h -t
The construction bond shall contain the following endorsement.
the intention not to resew be stated by the surety u-ntil thirty (30) days after receipt by ₹he
County, by certified mail, a written notice of intent to cz
The Company shall, at its sole -cost and expense, fufl-y indemnify, defend and hold
h -armless the County,
all claims, suits, actions, liability and judg-m-ents for damages (i-n-cl-uding but not limited to,
County in connection therewith):
1. To pe rs o
of the Company, its servants, agents or employees or to which the Company's
negligence shall in any way contribute;
2. Arising out of any claim for invasion of the right of privacy, for defamation of any
out of or relating to County programming);
3. Arising out of th-e Cur-pan-y's faire to copy with the prov�sio-ns of a-ny federal,
business hereunder; and
4 Any liability which may a
or local statute, regulation or ordinance dealing with --civil rights or antitrust.
notice of the making of any clai-m or tie comcne�cement of a-ny action, suit or other
proceeding covered b -y the provisi-ons of this Section. Nothing herein shad -be deemed to
prevent the County from cooperating with the Company and parti-cipati-ng in the defense
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of any litigation by its own counsel at its sole cost and expense. No recovery by the county
of any sum by reasons of the letter of credit required in Section 11 1-160 of this Article
shall be any limitatio-n upon th-e liability of t -he company to the county under the terms of
this Section, except that any sum so received by the county shall be deducted from any
of this
Section.
any in the minimum amount of:
1 One hundred thousand dollars ($10-0,000.00) for property damage to any one (1)
person;
2. Three hundred thousand dollars ($300,000.00) for property damage in any one (1)
accident;
Three hundred thousand dollar-s-4-3-0-0-70-0-040-)-fe-r-pecs-onal-i-niury-to-a-n-y-on-e-(1)
person; and
approved by the county Attorney, and such insurance policy, along
of payment of required premi-ums, sfhal-1 be fited and maintained with the clerk and
Recorder during the term of the franchise, and may be changed from time to time to reflect
vise the county Attorney of
any litigation which may develop that would affect this insurance.
C Neither the provisions of this S-e-cti-o-n r -or any damag -s re -carded by th-e county thereunder
shall beoo-nstrued t -o limit thetiab+l+ty of the Company under any franchise issued pursuant
to this Article.
D All insurance
endorsement:
"It is hereby understood and agreed th ay not be cancelled by the
surety nor the intention not to renew be stated by the surety until thirty (30) days after
receipt by the county by certified f such intention} to cancel or not
to renew."
A. The Board -of county C si-oners may, by sepa-rate ordnance, a-pprove a sobed u le for
maximum rates for service -6 which the com-pa-ny may charge. I -n the abse-nce of any such
commissioners at any
2025-0734
ORD2025-04
First Reading
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such action- at
such time and to such extent as is deemed appropriate by the Board of County
Commissioners.
The Board of County Commk-si-on-ers may set maximum rates, by se-parate ordina-nce, for
but not limited -to:
1 Installation;
2. Converter rental;
8- Con-v-e-rter deposit:
5 Additional outlets;
6 Project rewiring;
Institutional service;
8. Transfers;
9. Reconnection;
10. Relocation;
11. Service cads; and
�2. Undergrounding.
,
not to exceed five percent (5°!0) per year.
D. The
accordance with the following procedures:
to schedule at any time in
new schedule.
2 Within fourteen (a4) days of notificatio-n- b -y #fie Board o€ Coxu-nty Cora-►m+ssioners of
Company shall notify its subscribers of the date and time of said hearing by
st one (1 ) -channel of its system. between the hours of 7:00
3 With -in thirty (3-0) days of th-e-41-41g of said petition for rate changes, th-e Board of
County Commission--rs shall hold a public hearing to consider the proposed rate
2025-0734
ORD2025-04
First Reading
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change, at which hea-ring all perso-ns desiring to be -heard, including th-e Company,
shall be heard on any matter, including, but not limited to, the perforrna-nce of this
franchise, the Company services and the p-roposed new rates.
Within thirty (30) days after said hearing, the Board of County Commissioners shall
render a written decision on the Company's petitio-n, either accepti-ng, rejecting- of
modifying the same and reciting the basis of its decision.
- The criteria for the Board's d-eci-lion on such matters shall be th-e esta-btis-hment of
shall be ge
and economical management.
0 In order for the Board of County Commissioners to determine whether proposed
following financial reports shall be i-ncluded:
7 -
a Balance sheet;
b. Income statement;
Cash flow statement:
on all invested capital, aft as efficient
d Statement of sources and application of funds;
e
Detailed supporting schedules of expenses, income, assets a-nd other
quired; and
Statement of current and
inspection by the County at all reasonable times. The County shell have access to
rates or other
indirect costs.
regarding the Compan-y's petition for up to th-irty (3.0) days, by resolution. If the
any extension, the Company's petition shall be deem
The Company may charge specia lower -month y s-erv+ce rates to hotels. mote, nursing
homes, hospitals and other similar building -6 where ther-e is one h-undred percent (100%)
ordinance.
F-- The Company may provide service to fufl-time dealers and television sales and service
2025-0734
ORD2025-04
First Reading
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part of all, of the estimated costs
for installation. The Company may require subscribers to pay for each month of basic
of any kind shall be required by the company for basic subscriber service.
See. 11-1-210. Franchise fees.
County in the operation of the cable television system and fo-r th-e supervision thereof
during the life of
revenues -of the company. The Company shall file with the county, within thirty {3Q} days
showing the gross revenues received by the company during the preceding quarter.
nchise fee shall be rendered to the County at
the time such statement is filed. The c
following the conclusion of each fis-cal year of the company, an annual report prepared
and audited by an officer of the company showing the year's total gross revenues,
franchise payments made to the county and any further relevant financial information with
In the event this franchise be term-inated- o -r forfeited prior to the end of the basic
statement showing the gross revenue of the company for the ti -me elapsed since the last
quarter for which the company has paid to the County the required percentage of gross
:age of such gross revenue.
In the event that any payment is not made o -n of before the appli-cable date fixed in
Subsestions A and B hereof, the Company shall be subject to penalty.
D The County shall have tie ri-gt}t to i-nspect the Company's records showing the gross
recomput corded
to the County. No acceptan-ce of any payment by the County sha I be construed as a
rele-ase of or an accord and sat.
additional sums payable under the terms of th-i-s Arti-cle or for any other performance or
obligation of the company hereunder.
Pa ym-en-ts of co-m-pen-sa#+o-n made by th-e cow pa y to the -Comity pursua-nt to the
taxes, business license fees or other levies or assessments which are now or which may
hereafter be authorized by the laws of the Uni
system shat
2025-0734
ORD2025-04
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�— National Electric Safety code as adopted by the County.
2 Nation -al Electrical Code of the National Fire Protection Association.
4.
Efe
5 Bell Te
:: • bie FCC or other federal.
standards.
7 With regard to any t
system, Federal Aviation} Agency regulations, including, but not limited to,
e, 14 C.F. R 77.1, et seq., February 1965,
of the
°elation, 20011 Street NW, Washington, DC 20006.
Pole Line Construction.
tate and
ocal regu
ations and technical
seq . , September 1967 .
6. Federal Commun-ications Commission Reg-ulations, Technical Rules and
B. Construction, installation and maintenance of the CATV system shall be performed in an
end telephone lines. Multiple cable configurations shall be arranged
in parallel and be bundled -with due respect for engineering considerations.
C All w-orksng facilities and co
of the CATV system shall comply with the standards of the Occupational Safety and Health
Administration.
D Stray radiation (Rf le-akage) shall be checked at reception locations for emergency radio
services to provide tha possible. Stray radiation
shall be me
no interference to airborne n-avigational rece-pti-on in the n-orm-al flight patterns.
The CATV system sha
Committee color and monoch-rome sta-ndard signals (developed and prese-nted to the
receivers without noticeable degradation.
F. The CATV system shall meet all performance criteria over the ambient temperature range
prevail-i-ng in the franchise area.
G. The Company shall construct a cable televisi-on system that shall have not less than thirty
2025-0734
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A. Upon the granting of the CATV franchise, the Company shall, within thirty (30) days, file
any and all documents req-u+red to obtain all necessary federal, state and local licenses,
permits and authorizations required for the conduct of its business (except for building
permits), and shall, upon request of th-e County, submit reports to the Board of County
Commissioners on progress in this respect until- a I documents are in elan°.
completed:
1. At the same time and under the same schedule constraints as the adjoining
municipality, or
2 Within thirty (3-0-) days after the effective date of the franchise.
•
•
The Company may en
county and federal off+c+ol-s nece-ssary to cro-ss h-+g-hways or roads u-n�er their respective
from the Federal Aviation Administration to erect and maintain
officials may require.
A _
d -s -of
the County, state or federal
subscriber had failed to pay properly due monthly fees, or if a user or subscriber
may require, i-n a-GId-i-Pon to full payment of
delinquent fees, a reasonabte fee for reinstatement.
B If a user or subscriber fa+ls to pay a properly due m-onth4y subscriber fee, or any other
upon a ten day written notice. If the su-bscriber
the subscriber's service.
■ •
•
7
procedure:
7
2025-0734
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Appli-cations shall be in a form as prescribed by the County;
description of what is being applied for, is not
of said deficiencies;
�. Upon acceptance, the County shall review the application regarding the necessity of
further staff study and reports. The Clerk to the Board shall submit the application to the
it adequate and complete
and in need of no further staff study or report. Upon submittal to the Board of County
Commissioners, notice shall be given to the Company of the date, time and place that the
notice being given to the public as described herein. In no event shall t -he application be
submitted to the Board of County Commissioners later than thirty (30) days from
acceptance by the Clerk to the Board.
B Following a public hearing, the Board of County Commi-ssioners may submit the
application for further study and information and may request that additional documents
which case a new hearing date shall be esta Dlished.
Following the public hearing and the -re
requested by the Company.
on requested, the
A The Company shall p-rovide all subscribers with all television signals required to be carried
pursuant to F.C.
(1) specially designated, noncommercial public access channel to be used by the County.
The Company may charge for the use of such
and C above according to such rates as'approved by the Board of County Commissioners.
Sec. 11-1-280, Emergencies.
make available its facilities to the County, state or federa-I govern-ments at no co-st for
2025-0734
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,
First Reading
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The Co-m-pa-ny ehail incorporate into i-ts fa-c+1itie-s th-e capability for an emergency override
channels sim-ultaneously.
C . If, at any time, in the case of fire -or disaster in the County, it shall be necessary, in the
reasonable judgment of the County Engin-eer, to cut or move any of the wires, cables,
amplifiers or other appurtenances to the network of the Company, such cutting or
removing may be donean
• • - - . _ . _ .. . - . .... .
at its sole expense, provided that such repairs are not necessitated by a negligent act of
the County, in which case, costs of repairs shall be borne by the County.
•
•_ _ •
• •
•
The Company shall be required to provide co-ntin-u-aus serv}ce to all subscribers in return
for payment of the established fee.
If the Company elects to overhaul, rebuild, rnodify or sell or determines to abando-n the
,
iced, as part of its franchise,
to continue to operate the system and provide continuo -us, uninterr-upted service until an
date of occurrence of any of the above events.
A. If the Company fails to provide any reasonable service request by a subscriber or user,
provide the service not
service in question by said subscriber or user. This provision shall not alter the Company's
responsi-b+ti
Company may have with said subscribers or users.
iber an amount
equal t -a the installation} or reconnection charge paid by the subscriber multiplied by the
established in other provisions of this Article.
,
iber's service fee, using the
thirty (30) days.
2025-0734
oRD2025-04
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Sec. 11-1
•
The Company shall have the authority -to promulgate such rules, regulations, terms and
conditions governing the conduct of its busine
Company to exercise its rights and performance obligations under this Article and the franchise,
and to in-su-re-an uninterrupted cerv+oe` to each and all of its customers; provided, however, that
its rules, regulatio-ns, terms and conditions shall not be in- conflict with the provisions hereof or
During the period a franchise is in effect, modi#ication thereto may be made:
of 1984, which Section is incorporated by reference herein.
By the County of any waivers granted pursuant to Section 11 1-46.0, after notice to the
evidence that the finding relied -on i-n g-ranti•-ng said waiver has substantially changed.
.
.
A. _
•
.
�f time not to exceed one (I) year, and
said authorization shall not have been obtained from the subscriber as a condition for
providing service not requiri-ng return path m-onitoring. Further, it shall be unlawful for the
Company, without such authorization, to activate andlor utilize return signals in any
manner from the subscriber's premises. Ire any case, the subscriber shall have the right
return path from his or her premises.
Neither the County nor rior valid written authorization from
each subscriber so affected, provide any data identifyin-g subscribers' names or addresses
iced--from--the subscriber
as a condition for providing service not requiring return path monitoring.
exceed one (1) year and
not requiring return path monFtoring.
No
data shall be valid unless it specifies:
e
from- each subscriber affected. Valid
1. The type or types of information or data -covered.
identifiable information or
2025-0734
ORD2025-04
First Reading
Page 26
pct, receive, store, record, trans-mit or otherwise
convey this information or data.
Further, all authorizations shall spec-ify the max-imum period of time that any subscriber
data shall be preserved in any manner or form.
A written copy of ett
lob is retained and/or
necessary to make it understandable to the subscriber, shall be provided to the affected
subscriber within thirty (30) days of procurement. Further disclosures shall be fully detailed
in writing to the affected subscriber within thirty (30) days of such disclosure.
F Nothing contained herein shall proh+bit the Compa-ny from conducting system -wide or
II_. _._ _.__II
or the purpose of verifying system integrity, controlling
return path transmission or billing for pay services.
The Company shall file annually with the Clerk to the B-oard, no later than one hundred
twenty (120) days after the end of th-e 's fisca-I year, a summary of income relative to the
County operating system in the County, upon wh+ch fronch-tee -fees are determined, for the
preceding twelve (12) months. There sthall be;
reasonably available regarding the Compa-r}y's pro-pertie-s a-r}d expe-nses relative to its operations
within the County.
A
Copies of all petitions, filings, applications and correspondence submitted by the Company
to the F.C.C., Secu-cities and Exchange C si-on or any other federal or state
regulatory commission -Or agency ha-vi�g juri-scii-c-tion in re-spect to any matters affecting
ulta-neously to the County.
The Company shall full I able times, a-nd the
County shall have the right to it�spect the books, records, maps, plans and other like
�i-ted CATV system, at any time during
normal business h-oo-rs; provided that where volume aid -ce -necessitate, the
Company may require the inspe-cti�n to ta-keplace oil Compa-ny remises.
and assigns of the Con-pany. . The Company shalt notify the County of any transfer -of -ownership.
otherwise, the County reserves the right to ceolare a forfeiture and terminate the franchise
2025-0734
ORD2025-04
First Reading
Page 27
es of the Company hereunder in the event of a substantial breach
limited to, the following:
1. Violation of any material
Article.
2-
1
e of any fraud
or its subscribers or customers.
3 Fa-ilure to begin or co-m-plete system construction of extensi
this Article or a-ccordi-ng to the Company's application or proposal.
4 Failure to provide t -he types of service promised or required hereunder.
Failure to restore service after ninety-six (g6) consecutive hours of interrupted
service, except where a-pproval of such interruption is obtained from the County;
of
is with
malfeasance of its directors, officers or employees.
ply with any such
nder or pursuant to its franchise and/or this Article.
If the violation by the Company continues for a period of thirty (30) days following such
written demand without written proof that corrective action has been taken or is being
actively or expeditiously pursued, the issue of termination of franchise may be placed
before the Board of County Comm+ssi-oners. The County shall cause to be served upon
the Company, at least twe-nty (20} days -prior to the date of such Board heari-ng, a written
nottQ � o ���t-sueE" +-zen n°on and the date and
Public notice shall be given of the hearing and i`ss-ue wlhich the Board of County
Commissioners is to consider.
D At the public hearing, the Board of County Commissioners shall hear and consider the
issue and shall hear any person interested therein to determine whether or not a violation
a Company has occurred.
If the Board of County C o m m i s s io-n-ers -shall determine that the v iola-t i-on t}y the -Copan y
was the fault of the Company and within its control, the Board of County Commissioners
compliance need be- granted fo-r frame or misrepresentation.
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ORD2025-04
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The issue
CRounty Commissioners may
then terminate the franchise forthwith upon fi iled to achieve
compliance or may further extend the period in its discreti-on for good cause.
•
•
•
•
•
communication system, or upon tfle termination of any lease covering all or a substantial
part of the system, the Company
and the requirements of this Article governing the consent of the Board of County
Commissioners to such change in control of the Company shall apply.
The Board of County Commissioners I c rise one
hundred twenty (120) days after the appointment of a receiver or trustee to take over and
vacated prior to the expiration of said one hundred twenty (120) days, or unless:
1. Within one hundredent (120) Bays after h+s of her -election o ment,
such receiver or trustee shall- have fu-lfy c with all- the p-rov-isions of this
ereunder; and
ne hundred twenty (120-) days, shall have
executed an agreemen-t duly approved by the Court havi-ng juriscii-cti-on in the
A The Company shall not deny service, access or otherwise discriminate against
sis of race, color, religion, national
requirements of the F.C.C.
ble federal, state and County
ordinances and laws, and aI4 execu-ti-v-e a-ncf admin+strative orders relating to
Company for a cc
terminated or
2025-0734
ORD2025-04
First Reading
Page 29
permit to be abandoned in place. In the event of such remo-vat, the Company shall
promptly restore the street or other area from which such property has been removed to
puce shall be abandoned in such manner as the County may prescribe. Upon a
,
to the County an instrument, to be approved by the County, transferring to the County the
ownership of such property.
if the Company fails to remove any property as herei-n requested, the County ,may perform
the work at the Company's expense.
In addition to the inher ate and control this rranchise for
cable television service and these powers expressly reserved by the County or agreed to and
provided for herein, the right -and power is h-ereby reserved by the County to promulgate such
Sec. 11-1-420. Renewal.
A. Com men t of re newat. D-ur.
the six-m-oo#t} period which begins with the th i-rty sixth
its own initiative, and shall, at
the request of the Company, commence proceed'r
ation for the purpose of:
,
2. Reviewing the performance of the -Company under the franchise during the then -
current franchise terra.
Submittal of proposal.
1. Under Subsection A above, the Compa
request of the County, sub-mit a proposal for renewal.
2. Any such propos
a.
Tho (�nin4v mov
C Review process.
1. Upon submittal by t -he Com-pany of a proposal the County for the renewal of a
the completion of any proceedings
aerial as the County may require.
,
2025-0734
ORD2025-04
First Reading
Page 30
public notice of such
whether:
a _
ith applicable law to consider
existing frL
b The quality of the Company's service, including signal quality, response to
consumer complaints and building practices, but without rega-rd to the mix,
it or other services provided over the system,
Th and techn-ical abAity to provide the
services, facilities and equipment as set forth in the Company's -proposal:
and
d The Company's proposal is reasonable to meet the future cable -related
In any proceeding under Paragraph 1 above, t -he Co-mpany shall be afforded
introduce evidence (in-clud-i-n-g evidence related to issues -raised in the proceeding
under Subsecti-on A). to require tie prod-u-ctton of evidence a+nd to question the
witnesses. A transcript shall be made of any such proceeding.
3 4
be conti-nued for a period not to exceed sixt the Company
shall have the right to cure such violation; -provided, however, that no right to cure
shall exist if it is established at said proceeding, by a preponderance of the
notice thereof and the opportunity to cure.
At the completion of a proceeding under this Bubsect on C, the County shall iss-ue
a written decision granting or denying the proposal for renewal based upon the
record of such proceeding and tran-smit a copy of such decision, together with the
reasons therefor, to the Co-m-pany.
D Basis for denial. Any der -ia-I of a pro -pa -sat for renewal s h a -l-[ be based o -n one -(1) or more
E Appeal. If the Com-pany's appl+ca#ion for renewal has been den-ied by a final decision of
the County to act in accorda-oce- with praoedura-I requirements of t-h+s Section, the
Company may appea4 such final decision Of failure p-ursua-nt t -o th-e provisions of the Cable
Communications Policy Act of 1984.
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F. Time limit for proposal. Notwithstanding the time limit con#a{n-ed in subsection A above,
the Company may submit a proposal for the renewal of a franchise no later :han four (4)
months prior to the expiration
,
decision adverse to the Cornpany shall be governed by Rule 106 of the Colorado Rules
pplication by the
Company, be renewed by the Board of County Commissioners for a period not to exceed
ten {10) years.
l� Award of other franchise. No renewal under th-is Section is to, in any way, limit or restrict
the ability to award other franchises for cable television services pursuant to this Article.
Renewal standard. Any renewal of the franchise pursuant to this Section shall be done in
accordance with the then -existing rules and. regulations of the F.C.C.
Sec. 11-1 430. La
A. Neither the owner of a-ny ruiple-unit re-s+d-ential dwelling nor his or her agent or
receive cable television service, cable installation or ma-intenance from a cable
cable television franchise issued by the County.
B Neither the ow or his or her agent or
representative shall ask, demand or receive any payment, service or gratuity in any form
as a conditioaf-or permitti
to the dwelling unit occupied by a tenant or resident requesting service.
Neither the owner of a -n -y multiple unit residential dwelling nor his or her agent or
representative shall penal-ize, charge or su-rcha-rge-a tenant or resident or forfeit or threaten
or resident who requests or receives cable co-mmunication service from a company
operating under a valid and ise issued by the County.
,
the County, any cable service, program or signal transmitted by a cable television
company operatin-g under a franchise issued by the County.
persons and property.
-Nothing in this Section shall prohibit a person from requiring a c`
company from agreeing to in -eternal -fey the owner or his or her a -gents or representatives for
2025-0734
ORD2025-04
First Reading
Page 32
or removal of cable television facilities.
The County shall -not pr
communications system, other than prog-rams on the designated government access
channel or channels, and shall not promulgate a-ny regulation or condition which would
interfere with the right of free speech by means of cable television.
The Company sell rat pro-h-ibi••t or -I+mit a-ny program, class or type of program presented
access or leased access purposes.
..
.
.
By acceptance of the grant of any fran-chise pursuant to this Article for cable television
nnef or
of the franchise pursuant to this Article as being
f
t
1
required to accept the validity of this Article in its entirety.
If the Company pr to serve and does serve less than five hundred (500)
of the foregoing requirements of this Article.
Be it further ordained by the Board that the Clerk to the Board be, and hereby is, directed
to arrange for Municode to supplement the Weld County Code with the amendments
contained herein, to coincide with chapters, articles, divisions, sections, and subsections
as they currently exist within said Code; and to resolve any inconsistencies regarding
capitalization, grammar, and numbering or placement of chapters, articles, divisions,
sections, and subsections in said Code.
Be it further ordained by the Board, if any section, subsection, paragraph, sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions
hereof. The Board of County Commissioners hereby declares that it would have enacted
this Ordinance in each and every section, subsection, paragraph, sentence, clause, and
phrase thereof irrespective of the fact that any one or more sections, subsections,
paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or
invalid.
2025-0734
ORD2025-04
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First Reading March 17, 2025
Publication March 23, 2025, in the Greeley Tnbune
Second Reading Apnl 2, 2025
Publication Apnl 6, 2025, in the Greeley Tnbune
Final Reading Apnl 21, 2025
Publication Apnl 27, 2025, in the Greeley Tnbune
Effective May 2, 2025
2025-0734
ORD2025-04
Hello