HomeMy WebLinkAboutbocc.res.157.1999AN EMERGENCY RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO AUTHORIZING THE CHAIR TO
EXECUTE AN AMENDMENT TO AN AGREEMENT REGARDING
OPERATION OF A CABLE SYSTEM
RESOLUTION #99- /7 1
1. By Cable TV License Agreement dated December 9, 1985, the County granted to
Micro -Cable Communications Corporation, d/b/a Canyon Cable TV, a non-exclusive
automatically renewable annual license to install, repair, and maintain a cable television system
with the County's rights -of -way and utility easements.
2. On or about July 27, 1997, the County gave the current operator of the cable
system, TCI Cablevision of Northern New Jersey, Inc., d/b/a Canyon Cable TV ("Licensee")
notice that the December 9, 1985 License Agreement would not be renewed, Resolution No. 97-
158.
3. Thereafter, the County and Licensee entered into an Agreement dated April 7,
1998 that allowed each party to preserve its legal position, while allowing negotiations for a new
franchise agreement to continue.
4. The parties entered into an Amendment to Agreement Regarding Operation of
Cable System on December 21, 1998 which extended the expiration term to March 31, 1999.
5. The parties have subsequently entered into amendments to the Agreement, the
most recent of which extends the term to September 20, 1999.
6. The parties have been negotiating in good faith, but will not come to a final
agreement by the September 30, 1999 deadline in the April 7, 1998 Agreement, as amended. An
extension of thirty (30) days is necessary to obtain a final agreement.
7. The County believes that it is in the best interest of the citizens of Pitkin County
to provide for uninterrupted cable service to customers in the County, and therefore desires to
extend the April 7, 1998 Agreement and the Amendments to the Agreement Regarding Operation
of Cable System on the terms and conditions set forth in the additional Amendment to the
Agreement Regarding Operation of a Cable System, attached hereto as Exhibit A and
incorporated by this reference.
NOW, THEREFORE, be it resolved by the Board of County Commissioners of Pitkin
County, Colorado that it hereby authorizes the Chair to execute the Amendment to the
Agreement Regarding Operation of Cable System, attached hereto as Exhibit A, on behalf of the
entire Board, and to execute such further documents as may be necessary to finalize the
Agreement, subject to the approval of such documents by the County Attorney's Office.
Resolution #99-/5
Page 2
ADOPTED ON THE 22TH DAY OF SEPTEMBER, 1999, AND SET FOR
CONFIRMATORY SECOND READING AND PUBLIC HEARING ON OCTOBER 13th,
1999.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION
OF THE ASPEN TIMES ON THE 2ND DAY OF OCTOBER, 1999.
CONFIRMED UPON SECOND READING AND PUBLIC HEARING ON THE
13th DAY OF OCTOBER, 1999.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE 23rd DAY OF OCTOBER, 1999.
ATTEST:
Jea J tte Jones
De ty Clerk
APPROVED AS TO FORM:
Deborah 1 uinn
Assistant County Attorney
c: \home\lynne\resos\tciamd4. doc
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Leslie J. Lamo
Chair
Date: 0 � 5 / C
CONTRACT # qc%//f
AMENDMENT TO AGREEMENT REGARDING
OPERATION OF CABLE SYSTEM
This amendment is made and entered into this d,3 day of September 1999 by
and between the Board of County Commissioners of Pitkin County, Colorado
("County"), and TCI Cablevision of Northern New Jersey, Inc., doing business as AT&T
Cable Services. ("Licensee").
RECITALS
1. County and Licensee entered into an agreement dated April 7, 1998 and
amendments of December 21, 1998, May 5, 1999, and July 6, 1999 concerning the
provision of uninterrupted cable service to customers in Pitkin County pending
conclusion of negotiations on a franchise agreement with Licensee.
2. The parties have been negotiating in good faith to agree upon a franchise
agreement, and have tentative agreement regarding an upgrade of the Cable System, an
additional access channel, a capital grant of equipment for Grass Roots, and a five-year
term, but additional terms remain to be negotiated. A final agreement has not been
reached.
3. Licensee and County wish to continue negotiations and provide for
uninterrupted cable service in the County, pending conclusion of negotiations on a
franchise agreement.
NOW, THEREFORE, the parties agree as follows:
1. The Agreement Regarding Operation of Cable System dated April 7, 1998, as
amended, which expires by its terms on September 30, 1999, is hereby extended for an
additional period of time from September 30, 1999 through October 31, 1999 to provide
for the conclusion of negotiations and to provide sufficient time to pursue the public
process and other processes necessary for the approval of a franchise agreement.
2. For the period from September 30, 1999 through October 31, 1999, Licensee
shall pay to the County a license fee equal to five percent of its gross revenues. Payments
shall be computed quarterly. Each quarterly payment shall be due and payable no later
than fifteen (15) days after the last day of the preceding quarter. Payment shall be
accompanied by the statement of gross revenues verified as accurate by a certified public
accountant.
3. The parties agree that prior to October 31, 1999, they shall not file any action
on their own behalf or as part of a class action in any court of competent jurisdiction or
administrative agency asserting claims or defenses arising from or relating to Licensee's
continued operation of a cable television system within Pitkin County, its provision of the
cable television services to its customers, or its renewal proceedings.
Amendment to Agreement Regarding 1
Operation of Cable System
4. The parties agree that the running of a time period related to response and any
review under Sections 626 and 635 of the Cable Act shall be tolled from September 30
through October 31, 1999.
5. Licensee agrees to indemnify and defend the County in the event that a third
party brings an action against the County for failure to provide the voters of the County
the opportunity to approve this extension of the Agreement Regarding Operations of A
Cable System by direct election.
6. Except as so modified by this Amendment, the Agreement Regarding
Operation of Cable System dated April 7, 1998, as previously amended, shall remain in
full force and effect.
Dated this t day of September 1999.
ATTEST:
Count lerk
BOARD OF COUNTY COMMISSIONERS
PITKIN COUNTY, COLORADO
ACCEPTED AND AGREED TO, subject to applicable law, this
1999.
APPROVED BY BOCC
ON ;,
day of September
TCI OF NORTHERN NEW JERSEY, INC.,
dba. AT&T Cable Services
Scott E. Hiigel, Seniorice President
Amendment to Agreement Regarding 2
Operation of Cable System