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HomeMy WebLinkAbout1989-18 Town of Vail Cable Television Franchise Ordinance TOWN OF VAIL CABLE TELEVISION FRANCHISE ORDINANCE TABLE OF CONTENTS PARAGRAPH TITLE 1. Cable Communications Ordinance 2. Purpose 3. Applicability 4. Definitions 5. Requirement of a Franchise 6. General Franchise Characteristics 7. Franchise as a Contract 8. Conflicts 9. Franchisee Subject to Police Power 10. Franchise Validity 11. Filing of Applications 12. Content of Applications 13. Consideration of Applications 14. Acceptance 15. Franchise Term 16. Franchise Fee 17. Insurance, Bonds, Indemnity 18. Letter of Credit 19. Liquidated Damages 20. Forfeiture and Termination 21. Insolvency 22. Removal of Cable Communications System 23. Subscriber Fees and Rates r PAGE N0. 1 1 1 1 5 5 5 5 6 6 6 7 8 9 10 10 11 14 14 15 17 17 18 ~, ' ~ • ~ ~ ~. HERITAGE CABLEUISION and TOWN OF VAIL FRANCHISE AGREEMENT TABLE OF CONTENTS (page 2) PARAGRAPH TITLE ~ PAGE N0. 23. Waiver 19 24. Cumulation of Remedies 19 25. Compliance with Federal, State, and Local Laws 19 25. Notices 20 27. Captions 20 28. Company shall Hold Town Harmless 20 29. Time is of the Essence 20 30. Construction of Agreement 2O 31. No Joint Venture 21 32. Entire Agreement 21 33. Severabiiity 21 . r t TOWN OF URIL CABLE TELEVISION FRANCHISE ORDINANCE TABLE OF CONTENTS (page 2) PAR,4GRAPH TITLE 24. Reports 25. Records Required 26. Filings 27. Service Calls and Complaint Procedures 28. Service to Subscribers 29. Leased Access 30. Public Drops 31. Lock Out Device 32. Protection of Subscriber Privacy 33. Construction and Installation Work 34. Location of Structures, Lines and Equipment 35. Replacement of Paving 36. Alteration of Streets by Town 37. Trimming Trees 38. Temporary Move of Cables 39. Refunds and Service Terminations 40. Service Rrea 41. Continuity of Service 42. Transitional Operation 43. Periodic Reevaluation and Renegotiations 44. Theft of Services and Tampering 45. Renegotiation 46. Severabi1ity ~J PAGE N0. 19 20 20 20 22 22 23 23 23 23 23 24 24 25 25 25 26 26 27 27 28 28 29 *~ ~± r ORDINANCE NO. 18 Series of 1989 TOWN OF VAIL CABLE TELEVISION FRANCHISE ORDINANCE. 1. This chapter shall be known as the Cable Communications Ordinance. 2. PURPOSE The purposes of this ordinance are: a. Provide for the franchising and regulation of cable television within the Town of Vail. b. Provide for a cable communications system that will meet the current needs of the Town and that can be improved and upgraded to meet future needs. c. Provide for the payment of fees and other valuable consideration to the Town for the use of the public ways and for the privilege to construct and operate cable communications systems. d. Provide for the regulation by the Town of certain rates to be charged to subscribers for certain cable communications services, as permitted by law. e. Provide for the development of cable communications as a means to improve communication between and among the members of the public and public institutions of the Town. f. Provide remedies and prescribe by penalties far violation of this ordinance and any franchise granted hereunder. 3. APPLICABTLITY This ordinance is applicable to any application for a cable franchise filed on or after the effective date of this ordinance and to any such franchise granted thereafter. 4. DEFINITIONS F'ar the purpose of this ordinance the following terms, phrases, words and the derivations sha11 have the meanings given herein. When not inconsistent with the context, words used from the present tense include the future, words in the plural number include the singular and words in the singular number include the plural number. The word shall is mandatory and the word may is permissive. Words not defined shall be given their common and ordinary meanings. a. "Access channel" shall mean any channel set aside for public use, educational use, or governmental use without a channel use charge. b. "Access user" shall mean any person or entity entitled to make use of an access channel cansistent with the intended purpose of the channel. I4 • t~ i ; c. "Application" shall mean a proposal seeking authority to construct and operate a cable communications system within the Town pursuant to this ordinance. It shall include the initial proposal plus a]1 related subsequent amendments and correspondence with the Town. d. "Basic service" shall mean subscriber cable television services which includes the delivery of local television broadcast signals as required by the FCC, acress r.hanneis,~lease channels and local origination channels as covered by the regular monthly charge paid by all subscribers to any service tier excluding premium services, two way services, and FM radio services. e. "Cable television services" shall mean the one way transmission of video programming and associated non-video signals to subscribers together with subscriber interaction, if any, which is provided in connection with the video programming. f. "Cable communications system" nr system shall mean a non-broadcast facility consisting of a set of transmission paths and associated signal generation, and reception and control equipment, under common ownership and control, that distributes or is designed to distribute to public subscribers cable television services, institutional services, or other communications services, but such terms shall not include: 1) A facility or combination of facilities that serves only to retransmit the television signals of one or mare television broadcast signals; 2} A facility or combination of facilities that serves nnly subscribers in one or more multiple unit dwellings under common ownership, control, or management, unless such facility or facilities use any public right-of-way; 3) A facility of a common carrier which is subject, in whole or in part to the provisions of Title II of the Communications Act of 1934, as amended; except that such facility shall be considered a cable system [other than for the purposes of 47 U.S,C. 541(c}] to the extent such facility is used and the transmission of video programming directly to subscribers; or 4) Any facilities of an electric utility used solely for operating its electric utility system. g. "Town" is the Town of Vail, Colorado. h. "Channel" shall mean six (6) Megahertz {Mhz) frequency band which is capable of carrying either one standard video signal, a number of audio, digital or other non-video signals or some combination of such signals and which is at least six (6) Mhz wide. -2- ,, ~ ~ . • ~' t f i. "Connection" shall mean the attachment of the drop to the radio or television set nr other communication device of the subscriber. j. "Converter" shall mean an electronic tuning device which converts transmitted signals to a frequency which permits the reception on an ordinary television receiver. k. "Council" or "Town Council" shall mean the governing body of the Town of Vail. 1. "prop" shall mean the cable that connects a subscriber's terminal to the nearest feeder line of the cabie communications system. m. "Easement" shall mean a right to use all public rights-of-way including public utility easements. n. "Feeder line" shall mean the coaxial or fiber optic cable running from the trunk line to line extenders and taps for the purpose of interconnection to individual subscribers. o. "FCC" shall mean the Federal Communications Commission. p. "Gross revenue" shall mean all operating revenue from the cable communications system derived directly or indirectly by a Franchisee, its affiliates, subsidiaries, parent, and any person in which the Franchisee has a financial interest in association with the provision of cable communications services with the Town, including but not limited to, service tier monthly fees, pay service fees in excess of programming vendor fees, institutional service fees, installation and reconnection fees, leased channel fees, converter rentals, studio rental, production equipment and personnel fees, advertising revenues, copyright fees; provided, however, that this shall not include any taxes an services furnished by the Franchisee payable to the State of Colorado or any other governmental unit and collected by the Franchisee on behalf of said governmental unit, or any revenues from the provision of cable communications services outside the Town, or any revenues from sale of capital assets or lease of property for purposes unrelated to cable communications system. q. "Installation° means the act of connecting the system from the feeder cable to the subscriber's receiver so that the installation is to the subscriber's terminal or receiver. r. "Institutional services" shall mean one and two way non-entertainment transmission services for businesses, public agencies and community institutions. Such services include, but are not limited to, video transmission and voice and data communications. -3- t{ ~ • • s. "Leased channel" or "leased access channel" shall mean any channel or part of a channel, available for commercial use on a fee basis by persons or entities ether than a Franchisee. t. "Franchise" shall mean the non-exclusive right and authority to construct, maintain, and operate a cable communications system through use of the public streets, dedications, public utility easements, or other public right-of-way or public places in the Town pursuant to a contractual agreement executed by the Town and a Franchisee. u. "Franchisee" or "Grantee" refers to an entity authorized to construct, or operate, or both, a cable communications system within the Town pursuant to this chapter including any lawful successor, transferee, or assignee of the original Grantee. v. "Monitoring" shall mean observing a communications signal carried on a cable communications system, or the absence of such a signal, by any person without regard to whether such observation is by visual or electronic means. Monitoring shall not include system-wide sweeps of the cable communications system for purposes of verifying the integrity of the system and controlling return path of the transmissions. w. "Pay Television" shall mean the delivery over the system of per channel audio-video signals to subscribers far a fee or charge in addition to the charge for basic service. x. "Person" shall mean any person, firm, partnership, association, corporation, company, ar organization of any kind. y. "Service tier" shall mean a specific set of cable subscriber services which are made available as, and only as, a group for purchase by subscribers at a specific rate for the group. z. "Street" or "public way" shall mean the surface and the space below and above any public street, road, highway, path, sidewalk, alley, court, or easement now or hereafter held by the Town for the purpose of public travel or public utilities and shall include public easements or rights-of-way. aa. "Subscriber" shall mean a recipient of cable television service or other services provided over a cable communications system. bb. "User" shall mean a party utilizing a cable communications systems facility for the purpose of production or transmission of material or information to subscribers. -4- T r~ ' • • . 5. REQUIREMENT OF A FRANCHISE It shall be unlawful to construct, install, maintain, or operate a cable communications system or part of a cable communications system within the Town without a valid franchise obtained in accordance with the provisions of this chapter. 6. GENERAL FRANCHISE CHARACTERI5TIC5 Any franchise issued in accordance with the provisions of this chapter shall be deemed to: a. Authorize use of the public ways for installing cables, wires, lines and other facilities in order to operate a cable communications system, but shall neither expressly nor implied be deemed to authorize the Grantee to provide service to, or install cable, wires, lines, or any other equipment or facilities upon private property without owner consent, or to utilize publicly or privately owned utility poles or conduits without a separate agreement with the owners therefore; b. Be non-exclusive, and shall neither expressly nor implied be deemed to preclude the issuance of subsequent franchises to operate one or more cable communications systems within the Town; and c. Convey no property right to the Franchisee or right to renewal except as required by Federal and State law. 7. FRANCHISE AS A CONTRACT A franchise issued pursuant to the provisions of this chapter shall be deemed to constitute a contract between the Franchisee and the Town. The Franchisee shall be deemed to have contractually committed itself to comply with the terms, conditions, and provisions of the franchise documents, and with all rules, orders, regulations, and determinations applicable to the franchise which are issued, promulgated, or made pursuant to the provisions of this chapter. 8. CONFLICTS a. All terms, conditions and provisions of this chapter and the application for a franchise shall be deemed to be embodied in a franchise, and conflicts in terms, conditions or provisions between these documents shall be resolved as follows: 1) The express terms of this chapter shall prevail over conflicting or inconsistent provisions of the franchise; 2) The express terms of the franchise shall prevail over conflicting or inconsistent provisions in the application and any request for proposals; and ~5w ~. ~ . . 3) The express terms of any request for proposals sha11 prevail over conflicting or inconsistent provisions in the application far the franchise. b. The provisions of the franchise shall be liberally construed in order to effectuate its purposes and objectives consistent with this chapter and the public interest. In the event one or more provisions of the franchise ar this chapter or subsequently found to be unlawful, null and void or unenforceable, the Town shall, at its sole option, have the right to consider said provisions severed from the franchise so as to continue the franchise's effectiveness, in accordance with the terms of this chapter. Any franchise agreement will be construed under the laws of the State of Colorado. 9. FRANCHISEE SUBJECT TO POLICE POWER A Franchisee shall, at all times during the life of a franchise, be subject to all lawful exercise of the police power by the Town and through such lawful regulations as the Town shall hereafter enact. The construction, operation, and maintenance of the system shall also be in full compliance with all other applicable rules and regulations now in effect or hereafter adopted by the United States, the State of Colorado, or any agency of said governments. 10. FRANCHISE VALIDITY A Grantee shall agree, by the acceptance of a franchise, to accept the validity of the terms and the conditions of this nrdinance and the franchise in their entirety and that the Grantee will not, at any time in any claim ar proceeding, challenge any term or provision of this ordinance or the franchise as unreasonable or arbitrary or argue that the Town did not have the authority to impose such term or condition. 11. EYEING OF APPLICATIONS Applications for a cable communications franchise will be considered pursuant to the following procedures: a. An application may be filed at any time or pursuant to a request for proposals issued by the Town. b. Upon the filing of an application, the Town shall publish notice of the filing in a newspaper of general circulation in the Town. Any person wishing to submit any comment on the application shall, within fifteen (15) days of the date of notice of the first application, file such comment with the Town Manager. c. A11 applications to be acceptable for filing must be accompanied by a filing fee of ten thousand sixty dollars ($10,060). The Town shall apply all filing fees received against all costs associated with its evaluation of any pending -6- ,Y ~ ~ • . applications pursuant to this chapter. In the event that total costs are less than the total filing fees, the Town shall refund a portion of the filing fee an a prorated basis for each Applicant within forty-five (4b) days after franchise grant. The Town shall furnish applicant with documentation of all costs incurred at that time. i2. CONTENT OF APPLICATIONS To be acceptable for filing, an application must conform to any applicable request for proposals and all the information specified therein. Where an application is not filed pursuant to a request for proposals shall contain at minimum, the following information: a. Identification of the ownership of the Applicant, if not a natural person, including the names and addresses of all persons with one (1) percent ar more ownership interest and the ultimate controlling natural persons and identification of all officers and directors and any other primary business affiliation of each. b. An indication whether or not the Applicant, ar any entity controlling the Applicant, including any officer of a corporation or a major stockholder thereof, has been adjudged bankrupt, has had a cable franchise revoked, or been found guilty by any court or administrative agency in the United States af: 1) A violation of a security or antitrust law; or 2) A felony or any other crime involving moral turpitude. Identify any such person or entity and fully explain the circumstances. c. A demonstration of the Applicant's technical and financial ability to construct and operate the proposed cable facility. d. A description of the physical facility proposed, including channel capacity including one way and two way, if any, the area to be served, a summary of technical characteristics, and head end and access facilities. e. A description relating haw any construction will be implemented, identification of areas having above ground or below ground cable facilities, the proposed construction schedule, and a description where appropriate, indicating haw service will be converted from any existing facility to a new facility. f. A description of the services to be provided over the system, including identification of television signals, both broadcast and non-broadcast, to be carried and all non-television services to be provided initially. Where service will be offered by tiers, identify the signals or services, or both, to be included on each tier. -7- e ~ ~' . • • g. The proposed rates ~o be charged, including rates for each service tier, as appropriate, and charges for installation, converters and other services. h. Information as necessary to demonstrate compliance with all relevant requirements contained in this chapter. i. A demonstration stating how the proposal is reasonable to meet the future cable related community needs and interests. In particular, the application should describe how the proposal will satisfy the needs as analyzed in any recent community needs assessment commissioned by the Town. j. A demonstration how the proposal was designed to be consistent with all federal and state requirements. k. Pro forma financial projections for each year of the franchise term. The projections shall include a statement of income, balance sheet, statement of sources and use of funds, and schedule of capital additions. All significant assumptions shall be explained in notes or supporting schedules set accompanying the projections. 1. A complete list of all cable communications systems in which the Applicant or a principle thereof holds an equity interest. m. An affidavit of the Applicant or duly authorized officer thereof certifying, in a form acceptable to the Town, the truth and accuracy of the information contained in the application. n. In the case of an application by an existing Franchisee for renewed franchise, a demonstration that said Franchisee has substantially complied with the material terms of the existing franchise and with applicable law. o. Any person who files an application with the Tawn for a cable communications franchise shall forewith, at all times, disclose to the Town, in writing, the names, addresses, and occupations of all persons who are authorized to represent or act on behalf of the Applicant in those matters pertaining to the application. The requirement to make such disclosure shall continue until the Town shall have rejected an Applicant's application or until an Applicant withdraws its application. 13. CONSIDERATION OF APPLICATIONS a. The Tawn shall consider each application for a franchise with the applications found to be acceptable for filing and in substantial compliance with the requirements of this chapter and any applicable request for proposals. In evaluating an application, the Town will consider, among other things, the Applicant's past service record in other communities, the nature of the proposed _g_ . ~ ' r o ~ facilities and services, including rates to be charged therefor, and whether the proposal is adequate to meet the future cable related community needs and interests of the citizens of the Town. Where the application is far a renewed franchise, the Town shall consider whether: 1) The cable operator has substantially complied with the material terms of the existing franchise and with applicable law; 2) The quality of the operator's service, including signal quality, response to consumer complaints, and billing practices, but without regard to the mix, quality, or level of cable services or other services provided over the system, has been reasonable in light of community needs; 3) The operator has the financial, legal and technical ability to provide the services, facilities and equipment as set forth in the operator`s proposal; and 4) The operator`s proposal is reasonable to meet the future cable related community needs and interests, taking into account the cast of meeting such needs and interests. b. Where the Town determines that an Applicant's proposal, including the proposed service area, would serve the public interest, and may grant a franchise to the Applicant. The franchise agreement will constitute a contract, freely entered into, between the Town and the Grantee. Said franchise agreement shall incorporate by reference the relevant provisions of this chapter. Any such franchise must be approved by ordinance of the Town Council pursuant to the ordinances of the Town and the Charter of the Tawn. c. In the course of considering an application far renewed franchise, the Council shall hold a public hearing, consistent with the provisions of 47 U.S.C., Section 626 as existing ar as may from time to time be amended. d. A franchise granted pursuant to this chapter shall not take effect until the Applicant pays a grant fee to the Tawn. The grant fee shall be equal to the Town's reasonable direct casts in the franchising process, less the application filing fee received. The Town shall provide to the Grantee a statement summarizing such costs prior to the execution of the franchise. ].4. ACCEPTANCE A franchise and its terms and conditions shall be accepted by a Grantee by written instrument, in a form acceptable to the Town Attorney, and filed with the Town Clerk within thirty (30) days after the granting of the franchise by the Town. In its acceptance, the Grantee shall declare that it has carefully read the terms -9W and conditions of this ordinance and the franchise and accepts all of the terms and conditions of this ordinance and the franchise and agrees to abide by same. In accepting a franchise, a Grantee shall indicate that it has relied upon its own investigation of all relevant facts, that it was oat induced to accept the franchise and that it accepts all reasonable risks relating to the interpretation to the franchise. T,~i. FRA~CHI5E TERM The term of a franchise shall be as specified in the franchise agreement, but it shall not exceed fifteen (15) years. If a Franchisee seeks authority to operate a cable system in the Town beyond the term of its franchise, it shall file an application for a renewed franchise not later than thirty (30) months prior to the expiration of its franchise. 16. FRANCHISE FEE a. The Franchisee in consideration of the privilege granted under a franchise far the use of the public ways and the privilege to construct and operate a cable communications system, shall pay to the Town five (5) percent of its annual gross revenues during the period of its operation under the franchise. b. A Franchisee shall file with the Town, thirty (30) days after the last day of each quarter, a financial statement showing the grass revenues received by the Franchisee during the preceding quarter. A Franchisee shall pay the quarterly portion of the franchise fee to the Town on or before the time such financial statement is due to be filed. With each payment required by this Section 902 the Franchisee shall submit a written statement, signed and certified by the Franchisee to be true and correct, showing for the immediately preceding calendar quarter the amount of gross revenues, the amount of all revenues derived from the system and an itemization of all permissible deductions therefrom to arrive at gross revenues. The Franchisee shall also submit to the Town on or before the 30th day following the end of each calendar year and following the expiration or termination of this franchise a written statement, signed and certified by the Franchisee to be true and correct, showing for the immediately preceding year or partial year, as applicable, the amount of gross revenues, the amount of all revenues derived from the system and an itemization of all permissible deductions therefrom to arrive at gross revenues. The Town shall have the right on thirty (30) days notice to the Franchisee to demand that the annual statement be certified to be true and correct and in compliance with the requirements of this ordinance by bath the Franchisee and an independent certified public accountant in accordance with sound and accepted accounting -10- s` ~r, practice. The statements referred to in this subsection shall be in such form and style and contain such details and information as the Town shall reasonably designate. The acceptance by the Town of payments or reports thereof shall be without prejudice and shall not constitute a waiver of the Town's right to claim a deficiency in the payment of franchise fees or to audit the franchisee's books and records, as hereinafter set forth. c. Upon five (5) days prior written notice to the Franchisee, the Town shall have the right to cause a complete audit to be made of the books and records of the Franchisee with respect to the System. If the results of such audit show that the Franchisee's statement of gross revenues for any period ending not more than three (3) years prior to the commencement of the audit has been understated by three percent (3%) or more, then the Franchisee shall pay the Town the cast of such audit, any deficiency payment shown by such audit to be due and interest thereon at the agreed rate. A report of the findings of the Town`s accountant shall be binding and conclusive upon the Franchisee and the Town. d. In the event that any franchise payment is not received by the Town on or before the applicable date, interest shall be charged from such due date at an annual interest rate then chargeable for unpaid federal income taxes {26 U.S.C., Section 6fiz1}. In addition to the foregoing, the Franchisee shall pay a late charge of five {5) percent of the amount of such payment. Interest and late charges wi11 not be chargeable to the Franchisee for additional payment required under the yearly adjustment, provided that such payment does not exceed ten (10) percent of the total monthly payments made during the year. In the event such payment exceeds ten (1D} percent, the Franchisee shall be liable for interest and late charges for the entire amount. e. In the event a franchise is revoked or otherwise terminated prior to its expiration date, the Franchisee shall file with the Town, within ninety (94} days of the date of revocation or termination, an audited financial statement showing the gross revenues received by the Franchisee since the end of the previous year and shall make adjustments at that time for the franchise fees due up to the date of revocation or termination. 17. INSURANCE, BONDS, INDEMNITY a. Upon the granting of a franchise and following simultaneously the filing of the acceptance of the franchise and at all times during the term of the franchise including the time for removal of facilities or management as a trustee as provided for herein, the Franchisee shall obtain, pay all premiums for, and deliver -11- to the Town written evidence of payment of premiums for and the originals of the following: 1) A general comprehensive public liability policy ar policies indemnifying, defending, and saving harmless the Town, its officers, boards, commissions, agents, or employees from any and all claims by any person whatsoever, including the costs, defenses, attorneys fees, and interest arising therefrom on account of injury to or death ofi a person or persons occasioned by the operations of the Franchisee under the franchise herein granted, or alleged to have been so caused or occurred, with a minimum liability of one million dollars ($1,000,000) per personal injury or death of any one (].) person and three million dollars ($3,000,000) for personal injury or death of any two (2) or more persons in any one (i) occurrence. The policy shall be endorsed adding coverage against all claims for personal injury liability offenses. 2) A property damage insurance policy or policies indemnifying, defending, and saving harmless the Town, its officers, boards, commissions, agents, and employees from and against any and all claims by any person whatsoever, including the costs, defenses, attorneys fees, and interest arising therefrom, for property damage occasioned by the operation of the Franchisee under the franchise herein granted, ar alleged to have been so caused or occurred, with a minimum liability of five hundred thousand dollars {$500,000) for property damage to the property of any one {1} person and one million dollars {$1,000,000) far property damage to the property of two (2) or more persons in any one (1} occurrence. 3) A performance bond or bonds in favor of the Town with good and sufficient surety approved by the Town in the sum set forth in the franchise agreement conditioned upon the faithful performance and discharge of the obligations imposed by this ordinance and the franchise awarded hereunder from the date hereof. The amount of the band may be reduced as any construction that is required is completed, consistent with the franchise agreement. b. The bond requirements set forth above shall no longer apply upon completion of construction and inspection by the Town as follows: (Z) Franchisee shall give notice to the Town at such time as Franchisee has completed the construction. (2) Upon receipt of notice, the Town sha11 have sixty (60) days to receive a written report from an independent engineer; provided, however, if the Town fails to receive such a written report within the sixty (fi0) days the completion of construction shall be deemed to have taken place, unless the failure 12~- . 1 ~r i to receive such a report is due to unforeseen events, acts of Gad, or events beyond the reasanab1e control of the Town. (3) Notwithstanding anything to the contrary, the Town may condition completion of the construction upon receipt of a written report from an independent engineer. The completion of the system upgrade or system rebuild shall not be deemed to have taken place until the independent engineer reports the following: {a) All construction or improvements contemplated by the Franchisee have been camp1eted or otherwise satisfactorily resolved; {b) Satisfactory test results using the technical standards set forth in this franchise agreement at up to ten (10) widely separated subscriber drops selected by the independent engineer and using the following tests: 1) Signal level 2) Num 3) Bypass responsive system 4) Carrier to noise of system g) TASO picture quality (2 or better) {c) Compliance with all applicable codes and standards. (d) Carriage of the basic service as available, as set forth in this franchise ordinance. c. All bonds and insurance policies called for herein shall 6e in a farm satisfactory to the Town Attorney. The Tvwn may at any time, if it deems itself insecure, require a Franchisee to provide additional sureties to any and all bonds or to replace existing bonds with new bonds for good and sufficient surety approved by the Town. d. A Franchisee shall, at its sole cast and expense, indemnify and hold harmless the Town, its officials, boards, commissions, agents and employees against any and all claims, 5u1t5, causes of action, proceedings, and ,judgments for damage arising out of the operation of the cable communications system by Franchisee under the franchise. These damages shall include, but not be limited to, penalties arising out of copyright infringements and damages arising out of any failure by Franchisee to secure consent from the owners, authorized distributors or licensees or programs to be delivered by the Franchisee's communications system whether or not any act or omission complained of is authorized, allowed, or prohibited by the franchise. Indemnified expenses shall include, but not be limited to, all out-of-pocket expenses, such as costs and attorneys fees, and shall also include the -13- i1r ~'' reasonable value of any services rendered by the Town Attorney or his or her assistants or any employees of the Town. e. No Franchisee shall permit any pal icy or bond to expire and the Franchisee, not less than thirty (30) days prior to its expiration shall deliver to the Town a substitute renewal or replacement bond ar bonds in conformance with the provisions of this ordinance. 18. LETTER OF f:REDIT a. The Tawn may at its discretion require that a Franchisee obtain a letter of credit. 4~hen and if the Town should so require, the Franchisee shall deposit with the Town a letter of credit from a financial institution approved by the Town in the amount of fifty thousand dollars ($50,000}. The letter of credit may not be revoked or terminated during the term of the franchise except with the written approval of the Town. The form and the content of such letter of credit shall be approved by the Town Attorney. The letter of credit shall be used to insure the faithful performance by the Franchisee of all provisions of the franchise and of this ordinance; compliance with all orders, permits, and directions of any agency, commission, board, department, division, or office of the Town having jurisdiction over its acts or defaults under this license; and the payment by the Franchisee of any claims, liens, and taxes due the Tawn ar other municipalities which arise by reason of the construction, operation or maintenance of the system. b. The letter of credit shall be maintained by the Franchisee at twenty five thousand dollars ($25,000) during the entire term of the franchise as the Tawn may require, even if funds are drawn against it pursuant to this ordinance. c. The letter of credit shall contain the fallowing endorsement: "It is hereby understood and agreed that this letter of credit may not be cancelled by the surety nor the intention not to renew be stated by the surety until thirty (30) days after the receipt by the Town Attorney, by certified mail, of a written notice of such intention to cancel or not to renew." d. At the Town's option it may draw against the letter of credit for any unpaid liquidated damages, franchise fees, or other amounts owing to it under the franchise which are thirty (30) days or mare past due. The Town shall notify the Franchisee in writing at least ten {10) days in advance of drawing upon the letter of credit. 19. LIRUIDATED DAMAGES In the event that the Town finds the Franchisee is in violation of any material obligation under this ordinance or the franchise, the Town shall notify the -14- ',~ • Franchisee in writing of such apparent violation and require the Franchisee to cure the default within a reasonable time. The Franchisee shall respond in writing to the notice of violation within ten (10) working days from receipt of such notice setting forth the steps taken to correct or propose to correct the violation. The Town may extend the time for such response upon a showing of just cause by the Franchisee. Franchisee may, within three {3) days of receipt of such notice, notify the Town that there is a dispute as to whether a violation or failure has in fact occurred. Such notice by the Franchisee to the Town shall specify with particularity the matters disputed by the Franchisee and shall stay the running of the above described time. The Town shall hear the Franchisee's dispute at a regularly scheduled meeting within a reasonable period of time. If after hearing the dispute, the claim is upheld by the Town, Franchisee shall have five (5) days from such a determination to remedy the violation or failure. The Town may assess penalties as follows: a. Up to one hundred dollars ($100) per day for construction related violations. b. Up to fifty dollars {$50) per day for recurring violations. c. Up to five hundred dollars ($500) for other violations. The penalties set forth herein are in addition to all other rights of the Town whether reserved by this franchise ordinance or authorized by law and no action, proceeding or exercise of a right with respect to such penalty shall affect any other right the Town may have. 20. FORFEITURE AND TERMINATION a. In addition to all other rights and powers retained by the Town under this ordinance and any franchise issued pursuant thereto, the Town reserves the right to forfeit and terminate the franchise and all rights and privileges of the Franchisee in the event of substantial breach of its terms and conditions. A substantial breach by the Franchisee shall include, but shall not be limited to, the following: 1) An uncured violation of any material provision of this ordinance or franchise issued thereunder, or any material rule, order, regulation, or determination of the Town made pursuant thereto; 2} An attempt to evade any material provision of the franchise or practice of any fraud or deceit upon the cable communications system customers and subscribers or upon the Town; -15- e' ~ ~ ~ . 3) Failure to begin or substantially complete any system construction or system extension as set forth in the franchise; ~) Failure to provide the mix, quality, and level of services promised in the application or specified in the franchise or a reasonable substitute therefor; 5} Failure to restore service after ten (10) consecutive days of interrupted serv ice except when approval of such interruption is obtained from the Town; 6) Material misrepresentation of fact in the application for, or during negotiation relating to, the franchise; 7} Failure to provide surety and indemnity as required by the franchise or this chapter. b. The Franchisee shall have no liability to the Town, nor shall the Town have the right to terminate or revoke this franchise or invoke penalties in accordance with Section 19 of the Cable Ordinance as a result of any failure of the Franchisee to perform, or delay by Franchisee in the performance of, its obligations hereunder (other than to pay the franchise fee and other payments required by this Agreement) if such failure or delay is caused by factors beyond the control of the Franchisee, including without limitation, any flood or other Act of God, laws, regulations, rules or orders of any governmental agency, sabotage, strikes, lockouts or fob actions, failure or delay in transportation or the unavailability of any product or material necessary to the performance hereof; provided that Franchisee has exercised all due care to prevent the occurrence of such events which are reasonably foreseeable, including without limitation, actively pursuing alternative products, materials and means of transportation. In the event that delay in performance or failure to perform affects only part of Franchisee's capacity to perform, then the Franchisee shall perform to the extent it is reasonably able to do so. The Franchisee agrees that the excuse for nonperformance under this Section shall last only sa lang as the act which excuses performance under this Section shall continue without interruption. In correcting any causes of nonperformance and in effecting any partial performance, Franchisee shall take all necessary corrective actions as expeditiously as possible. c. The Town shall make a written demand by certified mail that the Franchisee comply with any such provision, rule, order or determination under or pursuant to the franchise. If a violation of the franchise continues for a period of thirty (3fl) days following such written demand without written proof that the -.16- i ~ i corrective action has not been taken or is being actively and expeditiously pursued, the Town may consider terminating the franchise; provided, however, a written notice thereof shall be given to the Franchisee at least fifteen (15} days in advance and the Franchisee must be given an opportunity to appear before the Council to present its arguments. Should the Town determine, following the public hearing, that the violation by the Franchisee was the fault of the Franchisee and within the Franchisee's control, the Town may, by resolution, declare that the franchise be forfeited and terminated; provided, however, the Town may in its discretion, provide an opportunity for the franchisee to remedy the violation and come into compliance with the franchise and this ordinance so as to avoid the termination. 21. INSOLVENCY The franchise granted hereunder may be terminated prior to its expiration if the Town Council finds that Franchisee becomes insolvent, unable or unwilling to pay its debts as they become due, files a petition for relief under any state ar federal bankruptcy, reorganization, insolvency or similar law (or any such petition is filed against the Franchisee and is not dismissed without sixty (60} days), is adjudged as bankrupt, assigns all or a substantial part of its assets for the benefit of its creditors, all or part of Franchisee's facilities are sold under an instrument to secure a debt, or a receiver is appointed with respect to all or a substantial part of the Franchisee's assets ar stock. 22. REMOVAL OF CABLE COMMUNICATIONS SYSTEM In the event this franchise agreement expires, is revoked or otherwise terminated, Franchisee shall remove at its own expense all designated portions of the cable communications system from all streets and public ways within the Town. In removing its plant, structures and equipment, Franchisee shall refill, at its own expense, any excavation that shall be made by it and shall leave all public ways in as good a condition as that prevailing prior to Franchisee's removal of its equipment and appliances without affecting the electrical or telephone or other utility lines, wires, pipes or attachments. The Town may inspect and approve the condition of the public ways, cables, wires, attachments and pales after removal. The liability, indemnity and insurance as provided herein and in the Vail cable television ordinance shall continue in full force and effect during the period of removal and until full compliance by Franchisee with the terms and conditions of this paragraph and this ordinance. -17- ~~ ~~ ~ i • Tn the event of a failure by Franchisee to complete any work required by this franchise agreement or the Vail cable television ordinance, or any other work required by Town law or ordinance within the time as may be established and to the satisfaction of the Town, the Town may cause such work to be done. The Franchisee shall reimburse the Town the costs thereof within thirty {30) days after receipt of an itemized list of such costs. 23. SUBSCRIBER FEES AND RATES a. The initial fees to be charged to subscribers for all services including installation fee and other one time charges shall be specified in any franchise agreement issued pursuant hereto. b. Those fees and charges which are subject to regulation by the Town in accordance with Federal law shall not be increased without prior approval of the Town. c. In order to obtain Town approval for rate increases, the Franchisee shall file a revised schedule of rates with the Town at least ninety {90} days in advance of a proposed rate increase. Subscribers shall be notified of the proposed increases within ten {10) days of notice to the Town. This filing shall specify the rates or fees to be increased and associated regulations which may affect charges to the subscribers and the justifications for said increases and charges. The Franchisee shall promptly submit any additional supporting information requested by the Town. d. Within thirty (30) days of the rate increase filing, the Town shall schedule a public meeting before the Council to hear subscriber and Franchisee comment on the proposed increase. Following the public meeting, the Council shall determine whether or not to grant the proposed increase or a portion thereof prior to the expiration of said ninety {90) day period. e. Rates shall be just and reasonable, considering the Franchisee's COStS, including a reasonble rate on investment over the remaining term of the franchise, and shall not give any undue or unreasonable preference or advantage to any subscriber or class of subscribers. f. Rates and charges may be reduced at any time without prior Town approval, provided that the reductions do not result in rates which are unreasonably discriminatory to any subscriber or class of subscribers. Where temporary reductions are put into effect for promotional purposes for a specified time period, a return to the permanent rate shall not be considered a rate increase for the -18- ~~~ ~ i ~ ~ purpose of this Chapter. The Town shall be notified of all reductions in rates whether permanent or temporary. g. Rates and charges not subject to regulation by the Town under Federal law or regulation may be changed by the Franchisee following a minimum of thirty (30) days prior notice to the Town and a minimum of thirty (30) days prior notice to all subscribers of basic service. 24. REPORTS a. Annual Report No later than one hundred twenty (120} days after the end of the each Franchisee`s fiscal years, the Franchisee shall file a written report with the Town which sha11 include: 1) A summary of the previous calendar year's activities and development of the system, including but not limited to, services begun or dropped, number of subscribers, including gains and losses, homes past, and miles of cable distribution plants and service. 2) A financial statement certified by an officer of the Franchisee including a statement of income, a balance sheet, and a statement of sources and applications of funds. The statement shall include Hates that specify all significant accounting policies and practices upon which it is based, including, but Hat limited to, depreciation rates and methodology, overhead and interest system cast allocation methods, and basis for interest expense. A summary shall be provided comparing the current year with the three previous years. The statement shall contain a summary of the payments. 3) An annual summary of complaints received. 4} An annual projection of plans for the future. 5) An annual report of the company. 6) A current annual statement of cost of construction by component category. 7) An ownership report, indicating all persons, who at any time during the preceding year directly controlled or benefited from an interest in the franchise of five (5) percent or more of the Grantee. $) A copy of all the Franchisee's rules and regulations applicable to subscribers and users of the cable communications system. b. Additional Reports The Franchisee shall prepare and furnish to the Town at the times and in the farm prescribed, such additional reports with respect to its operation, as _~g_ • may be reasonably necessary and appropriate to the performance of any of the rights, functions or duties of the Town in connection with this ordinance or the franchise agreement. 25. RECORDS REQUIRED a. Mandatory Records The Franchisee shall at all times maintain: 1) A record of all complaints received during the term of the franchise. 2) A full and complete set of plans, records and "as built" maps showing the exact location of all cable television system equipment installed or in use in the Town, exclusive of subscriber service drops. b. Inspection by Town Upon reasonable notice to the Franchisee, the Town shall have the right to inspect all property, maps, and records relating to the cable operations at any time during normal business hours. All records required by the Town for such inspection shall be made available within the Town of Vail, Colorado, within a reasonable time after the request. 26. FILINGS The Franchisee shall mail or deliver a copy of all filings it makes with State and Federal agencies to the Town Clerk. Said copy shall be mailed or delivered on the filing date. 27. SERVICE CALLS AND COMPLAINT PROCEDURES a. Ouring the term of the cable franchise, the Franchisee shall maintain an office in the Town or in the vicinity thereof which subscribers within the franchise area may telephone without incurring toll charges. Except in the event of catastrophic failure, no subscriber's complaint shall remain without investigation by the Franchisee for more than a twenty-four {24) hour period. The Franchisee will provide the Town with a name, address and telephone number of the person who will act as the Franchisee's agent to receive complaints regarding quality of service, equipment malfunctions and similar matters. The local office shall be open to receive inquiries or complaints from subscribers during normal business hours, and in no event less than 9:00 a.m. to 5:00 p.m. Monday through Friday excluding legal holidays. All employees of the Franchisee whose employment relates to the operation or maintenance of the system shall be required to carry an identification card and present same to any subscriber upon request when entering the premises of such subscriber for the purpose of providing service or otherwise. The Franchisee shall -20- :. .. • i provide the means to accept complaint calls twenty-four (24) hours a day, seven {7) days a week. Accurate records shall be #cept by the Franchisee summarizing the nature, extent, time and date by which the complaint was resolved or sought to be resolved. The Franchisee shall promptly furnish each present or future subscriber with a letter of instruction explaining the importance and the manner of reporting complaints and rules and regulations governing the obligations of the Franchisee to respond to subscriber complaints. Calls or letters involving complaints about billing and programming will be handled immediately whenever possible. A written complaint will be retained for two (2) years, including a summary reply. The complaint filed shall be available for periodic inspection by the Town. b. Should a subscriber have an unresolved complaint regarding the quality of the cable television service, equipment malfunctions, or other pertinent matters, the subscriber shall be entitled to meet jointly with the Town Manager or his authorized representative and the Franchisee System Manager to fully discuss in an attempt to resolve such matters, provided, that prior to such meeting, the subscriber shall clearly state in writing the specific nature, frequency and extent of the alleged problem and the dates on which the problem has occurred. This written complaint shall be filed with the Town Manager, who shall forward a copy of such complaint to the Franchisee System Manager. Franchisee shall then have five (5) days after receiving the complaint within which to assess the problem and file a written response with the Town Manager stating specifically what has been done to correct the problem. If the subscriber remains unsatisfied after following this procedure he may then request that such a meeting with the Town Manager or his authorized representative and Franchisee System Manager be held. 4~hen there have been similar complaints made or where there exists other evidence which in the judgment of the Town cast doubt an the reliability or quality of cable service, the Town shall have the right and authority to require the Franchisee to test, analyze and report an the performance of the system. The Franchisee shall fully cooperate with the Town in performing such testing and shall prepare results in a report, if requested, within thirty (30) days after notice. Such report shall include the following information: 1) The nature of the complaint or problem which precipitated the tests. 2) What system component was tested. 3) The equipment used and procedures employed in testing. _21_ ,~; ~ • 4) The method, if any, in which the complaint or problem was resolved. 5) Any other information pertinent to said tests and analysis which may be required. Where there are recurring service problems, the Town may require that tests be supervised by a qualified independent professional engineer not on the permanent staff of the Franchisee. The engineer shall sign all records of special tests and forward to the Town such records with a report interpreting the results of the tests and recommending actions to be taken. The costs of said engineer's services shall be the sole obligation of the Franchisee. c. In the event that total service to any subscriber is interrupted far twenty-four (24) or more consecutive hours, except in circumstances for which advance cansent to the interruption is obtained from the Town, the Franchisee shall provide a one-thirtieth {1/30) pro rata rebate of the monthly fees to affected subscribers upon the subscriber's request for each twenty-four (24} hour period, or portion thereof, that service is interrupted. For purposes of computing the time of interrupted total service, such time shall begin when a complaint for interrupted service is received by the Franchisee or when the Franchisee has actual or constructive notice of the interruption. 28. SERVICE TO SUBSCRIBERS A Franchisee shall provide all the following services to subscribers: a. A basic subscriber television service tier which consists, at minimum, of any legally required must carry signals an information and weather channel and at least one {1) public educational and governmental access channel. b. The Franchisee shall provide leased access channels to the extent required by Federal law. c. A Franchisee shall provide equipment directly or through grants for local program production by all cable users for live and video tape presentation over the cable television system. The Franchisee shall have no control aver the content of access programs. Any public access channel shall be made available to any member of the public on a first come, first served, nondiscriminatory basis. 29. LEASED ACCESS The Franchisee shall make channels available for leased or commercial use as specified in the franchise agreement consistent with Federal law. -22- 1 1 y ~ ~ • 30. PUBLIC DROPS The Franchisee shall provide without charge within the franchise area one drop activated for basic subscriber cable television service to each fire station, public school, police station, public library, municipal building and other such buildings used far public purposes. 31. LACK QUT DEVIC£ The Franchisee shall provide, for sale or lease, upon request, a lockout device for use by a subscriber. Such device shall be capable of restricting the reception of any channel. The lockout device should be made available to all subscribers requesting it and the charge and availability of this device shall be made a part of the rate schedule. 32. PRQTECTIQN OF SUBSCRIBER PRIVACY Franchisee shall protect the Town's privacy consistent with the provision of 47 U.S.C. 631, as amended. 33. CONSTRUCTION AND INSTALLATION WORK a. The Town shall have the right but not the obligation to inspect all construction and installation work performed by the Franchisee subject to this Chapter as it shall find necessary to insure compliance with the governing ordinances and the franchise. b. All construction, Installation, and maintenance must comply with all Town ordinances including all uniform codes adapted by the Town and all state and local regulations and good and accepted industry practices. 34. LOCATION OF STRUCTURES, LINES AND E4UIPMENT a. The Franchisee shall utilize existing conduits and other facilities whenever possible, and shall not construct or install any new, different or additional conduits or other facilities whether on public property or on privately owned property until approval of the property owner or appropriate governmental authority is obtained. However, the location and installation of any conduit, or other facility by a Franchisee shall not create a vested interest, and such structures, or facilities shall be removed, replaced, or modified by a Franchisee at its awn expense whenever the Council or other governmental authority determines that the public interest so necessitates. b. All transmission and distribution structures, lines and equipment installed by the Franchisee within the Town shall be located sa as to cause minimum interference with the proper use of streets, alleys and other public ways and places and to cause minimum interference with the rights or reasonable convenience of -23- ~ f t i . ~ • property owners who adjoin any of the streets, alleys or other public ways or places and where they will not interfere with any gas, electric, telephone, water or other preexisting utility facility. c. All such fixtures in any street or public way shall be placed in full accordance with the standards set forth in the Municipal Code of the Town of Vail. d. Cable shall be installed underground at Franchisee's expense. Previously installed aerial cable shall be placed underground in concert with other utilities when both the telephone and electrical utilities convert from aerial to underground construction. Franchisee shall place cable underground in newly platted areas in concert with both the telephone and electric utilities unless this requirement is waived by the Town. Equipment shall not be stored on Town right-of- way. A preconstruction conference with the property owners will be completed prior to commencing any underground construction, and the Town shall assist and cooperate in such conferences if necessary. All soil, earth, sod ar improvements disturbed by the installation shall be replaced and restored to their original condition. Patching of highways, roads and driveways will be completed in accordance with the specifications promulgated by, and subject to inspection and approval by, Town, County or State engineers, as appropriate. 35. REPLACEMENT OF PAVING The Franchisee at its own cost and expense and in a manner approved by the Town shall replace and restore all paving, sidewalks, driveways or surface of any street or alley ar public way disturbed, in as good a condition as before the work was commenced and shall maintain the restoration in an improved condition for a period of one {1) year. Failure of the Franchisee to replace or restore such paving, sidewalk, driveway, or street surface within forty eight {48} hours after completion of work shall authorize the Town to cause the proper restoration to be made at the Franchisee`s expense. 3b. ALTERATIDN OF STREETS BY TOWN Tf the Town shall lawfully decide to alter or change the grade of any street, alley, or other public way, the Franchisee, upon reasonable notice by the Town, shall, in a timely manner as requested by the Town, remove and relocate its poles, wires, cables, underground conduits, and other facilities at its own expense. If other utilities are compensated, Franchisee shall be entitled to the same compensation. -24- .. ~~ ~ • 37. TRIMMING TREES A Franchisee shall have the authority to trim trees upon an overhanging of streets, alleys, sidewa]ks, and public places of the Town so as to prevent the branches of such trees from coming into contact with wires and cables and other television conductors and fixtures of the Franchisee. The Town may require all trimming to be done under its supervision and direction and at the expense of the Franchisee. 38. TEMPORARY MOVE OF CABLES A Franchisee shall on the request of any person holding a valid house moving permit, temporarily raise or lower its wires ar cables to permit the moving of buildings or other large projects. The expense of such temporary raising or lowering of wires shall be paid by the person making the request, and the Franchisee shall have the authority to require such payment in advance. The Franchisee shall be given not less than forty eight (48) hours advance notice to arrange for such temporary wire changes. 39. REFUNDS AND SERVICE TERMINATIONS a. A Franchisee shall establish and conform to the following policy regarding refunds to subscribers and users: If the Franchisee collects a deposit or advance charge on any service or equipment requested by a subscriber or user, the Franchisee shall provide such service or equipment within thirty {30} days of the collection of the deposit or charge or the Franchisee shall refund such deposit or charge within five (5} business days thereafter. Any converter security deposit collected by the Franchisee shall be returned to the subscriber twenty-four (24) months after the installation of such converter, or upon termination of service by the subscriber and return of such converter undamaged with allowance far reasonable wear and tear and payment of any outstanding balance due and payable, whichever occurs first. If and when the Franchisee collects deposits from its subscribers, it shall pay interest on any deposit required of the subscriber at the agreed rate in effect from time to time minus two {2} percentage points. The Franchisee may elect to pay such interest in the form of credits to subscriber accounts. Nothing in this Section shall be construed: 1) To relieve a Franchisee of any responsibility it may have under separately executed contracts or agreements with its subscribers or users; ..25_ • . .,~ '•' 2) As limiting a Franchisee`s liability for damages, if any, which may be imposed under the franchise far the violation ar breach of any provisions thereof; or 3) To limit the Franchisee's liability far damages, if any, because of its failure to provide the service far which deposit or charge was made. b. The fallowing requirements shall apply to subscriber disconnection: 1) There shall be no charge for disconnection of any installation, service or outlet. All cable communications equipment shall be removed within a reasonable time from a subscriber's property upon the subscriber's request, such time not to exceed thirty {30) days from the date of request. Franchisee may charge far adding or deleting channels at the subscriber's request. 2) If any subscriber fails to pay a properly due monthly subscriber's fee, or any other properly due fee or charge, the Franchisee may disconnect the subscriber`s service; provided, however, that such disconnection shall not be effected until thirty {30) days after the due date of the monthly subscriber fee or charges and shall include a minimum five (5} days written notice to the subscriber of the intent to disconnect. After disconnection, upon payment in full of all proper fees or charges, including the payment of any reconnection charge, the Franchisee shall promptly reinstate the service. 40. SERVICE AREA The Franchisee shall offer full cable television service to all areas of the Town unless specifically authorized to serve a lesser area. A franchise issued in accordance with this Ordinance shall require that all dwelling units within the franchise territory be offered service on the same terms and conditions; provided, however, multiple family dwelling complexes, apartments, or condominiums may be served an a master-bill basis; and further, service to motels, hotels, hospitals, and similar businesses ar institutions may be offered an terms and conditions different from single residence subscribers. In the event that subsequent to the issuance of a franchise the Town annexes additional territory, a Franchisee shall extend its cable television services into the annexed area within a reasonable time of a request by the Town to do so. Such reasonable time shall not be less than nine {9) months. 41. CONTINl7ITY OF SERVICE a. Where a Franchisee rebuilds, modifies, or sells its system, it shall ensure that all subscribers receive continuous, uninterrupted service regardless of the circumstances. -25- ,~4~ ,,, ~' V b. As long as it is entitled to revenues from the operation of the cable system, a Franchisee shall maintain continuity of service during any temporary transition in the franchise, including but not limited to, the following Circumstances: 1} Revocation of the franchise. 2} Nonrenewal of the franchise. ~) Transfer of the cable system to the Town or another entity. ~2. TRANSITIONAL OPERATION Tn the event a Franchisee continues to operate the system in a transitional period, with Town acquiescence, following the expansion, termination of the franchise, it shall be bound by all tl obligations of the franchise as if it were in full force terminating Franchisee shall cooperate with the Tawn and in maintaining and transferring service responsibility. A3. PERIODIC REEVALUATION AND RENEGOTIATIONS a. Since the field of cable communications is revocation, or other ~e terms, conditions, and and effect. The any subsequent Franchisee rapidly evolving and many technological, regulatory, financial, marketing, legal, competitive, and other changes are likely to occur during a franchise term, a degree of flexibility is needed in order to achieve and maintain a modern and efficient cable communications system that adequately serves the public. To this end, the Town with cooperative assistance from a Franchisee, shall periodically reevaluate the system operation and negotiate appropriate franchise changes. b. The Town shall reevaluate the Franchisee's cable operations and service three (3) years following the award date of the franchise and every three (3) years thereafter for the life of the franchise. The Franchisee shall cooperate with the Town in such evaluation and provide information as may be necessary for the evaluation. c. Fo11owing the public release of a reevaluation report, the Town and the Franchisee shall meet to discuss the reevaluation and possible means of improving service to the public. At that time, the parties shall negotiate any changes in the franchise that may be necessary or desirabie. Upon request of the Town, Franchisee shall, no earlier than ninety (90) days and no later than thirty (3O} days prior to a review and evaluation session, conduct a written survey of subscribers. Each questionnaire shall be prepared and constructed in good faith so as to provide measurements of subscribers preferences and satisfaction for: _2~_ ~,~ . . .~ i • ~ I.} Programming offered by Franchisee at the time the survey is conducted. Z) Programming generally avai]able to cable subscribers nationally but not offered by Franchisee at the time the service is conducted. 3) Maintenance and subscriber complaint practices. As a part of the review and evaluation session, Franchisee shall report in writing what steps it may be taking to implement the findings of the survey. d. The Town and the Franchisee may meet at other times to discuss and negotiate possible changes to the franchise pursuant to an agenda agreed to in advance by both parties. Such special sessions are intended to provide a mechanism for effecting franchise changes necessitated by major events affecting cable communications, such as state or federal legislation, new or revised state or federal regulations, or an extraordinary change in circumstances. 44. T}IEFT OF SERVICES AND TAMPERING a. No person, whether or not a subscriber of the cable television system may intentionally or knowingly damage or cause to be damaged any wire, cable, conduit, equipment or apparatus of the Franchisee or commit any act within intent to cause such damage, or to tap, remove, or tamper with or otherwise connect or maintain any wire or device to a wire, cable, conduit, equipment and apparatus or appurtenances of the Franchisee with the intent to obtain and maintain a signal or impulse from the cable system without authorization from or compensation to the Franchisee, or to obtain and maintain cable television or other communications service with the intent to cheat or defraud Franchisee of any lawful charge to which it is entitled. b. Any person convicted of violating any provision of this Section is subject to a fine of not more than five hundred dollars ($500) for each offense. ~45, RENEGOTIATION If any court of competent jurisdiction, the FCC or any state regulatory body rules, decisions or other action determines prior to the commencement of system construction, that any material provision of this Ordinance or any franchise granted pursuant thereto, is invalid or unenforceable, then in such event, the Town shall retain the right to renegotiate any franchise entered into prior to any such rule, decision or other action. For the purpose of this section, "Commencement of System Construction" shall mean the first day that physical construction, including but not limited to, the placing of cable on poles or underground, actually begins. -28- ~ ~ +~ ~ , ~ 46. SEVERABILITY If any provision, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining portions of this Ordinance shall not be affected thereby, it being the intent of the Town Council in adopting and approving this Ordinance then no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision or regulation and all provisions of this Ordinance are declared to be severable. INTRODUCED, READ AND APPROVED ON FIRST READING THIS 18th day of July 1989, and a public hearing shall be held on this Ordinance on the 18th day of July 1989 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 18th day of July 1989. Kent R. Rose, Mayor ` ATTEST: ~, ~~ Pamela A. Brandmeyer,(lfown Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED by title only this 1st day of August 1989. ~~~ ~ ~ J Kent Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -29- ,,~8 The Val[ 7Yai[ - ~!, f~JB~ O X m tX o O_ ~ a ~ ~ a ~U ~ M ~F- c~~ Q n 7 O d V o Vali, Cofm•dv 81857 Lo[ 1. Parcel 0, Va{I Village 121h Cuplee - Fieeuhdivbbn of Lm 2- {1x,108 ~d1ih A. HOVINAre S I W Manlaclla Odve Snn Angelo, Texve 789p1 Block 2. Lvl 8, Vall VAlags 121h Flling - ~1a.1gg Brandaee-Cedmue Aen1 Eelets, Inc. 2B1 Bridge Slreel Val}, Colorado 81857 Blxk I, Lot 1g, Unll A, VeA Vluage 121h P41ng Townhouse- x14,188 - ~eoenn.H. Gbw•a. Jr- ~ ~ y Q Q . m C fii O ~ C O O T" ~ ~ ~ ~ ~ a ~ ~ a ~ ,,, ~ ~ o a -• O ~ ~ ~ ~ ~ ~ ~ ~ ~~ o ~ ~ a ~ ~ m 7 7 ~ ~ ~ a ~ °: 0 ;+ o_ O A ~' fl. I~4 O ~ ~ ~ m II-'o n m o ~ ~ ~ ~ ~ ~ ~ G. rt ~ ro ~ ~ an r. CABLE TELEVIg10N PHA HCHISE 0{161NANCE 1. TMa chnpler shall be known as the Cehle Cammunlanllpne Ordbance. 2 PupnOSE. The puryveae of Ihle ordinance are; a. Prcvfde for the Lanchlaing and regulation vl rnhle lelevhlon within the Town M Vall. h. Provlde im a cable cammunkallpna 6ystem That will meal the current needs vl She Town and That enn be irtprpved and upgraded to meal lulure needs. c. Provlde for Iha pnymenl pl lass and other valuable mnelde[albn Ip 1he Town Ipr the use o! Iha puhllc ways and Ipr the prlvllege 10 cnnstrud •rtd aPersle cable communk:ntbne systems. ...a.. p.,,,,w..r,., rx~ ....,s.+w...w,.,,sr ..,..r.~ G 4 ~-a~Q~(~CQ~ G m Q~ y~ O N ~ x 0~.,,. ~~,7i~O w z ~ ~~W~~~~~~ ~ ~ o~y7~~~ga~ ~ $ o~~am~~A~ m_n~c~cn p p~ ~ ~ --~~ Q ~ {~ O Q ~N fl ~~ p ~ 0 O ~ 7 ~-«W(Q~O--~ O QQ~~~~~am ~ ~ ~~~~o~m-~D -c ~D QCa'~~~o~~r" ~ ~ ~ro m-p ~,C ~'S-: -,. ~ a ~~?Qn~ Q ~~~'Q-OO~p~. w ro~o ~o~]m ~ ~OdcNN~uQ•~~p~ ~ ~ a`c^~QO~~cD ~ °~-a O ~ O ~O ry Q m ~ `''cQ.m tro~ Q ~ Qoo.~-~O a7'Q ~ ~~ V~~ Q ~ a ro-~ ;oaf ~ ao -, r r~ z Q ~S O (D gym{ 4i -, a Q 3 l I O 0 G~ Ill O ('} O g~ O ...... r Z Iwo wny namantegainmant [ranemiselon services !ot buelneeaes, pubPO ngenclee and community InelllulloPe. Such lelYlCee Include, 6u1 nra not limbed lo, video vanamlealon end oaks and tlale oommunlslfvne, a. 'Leaaetl channaE• o 'laaaed nccase channel" ehxll ngan any channel or part vl a channel, nvaflnble Im cpmmerdel use an a lee bneia by persons or anlirlee other Ihen a Franchleee. I. 'Frenchlee` shall vyan the non.exduelve right end aulhprlry Ip cnnerruCl, maintain, end operate a cable cammunlcattone syelam through use vl the public elreeti, dedlcnllope, public u111Ay eneemenle, or clher puhAC dphbv7way or public places In the Fown punuanl to a panvavtual nareemenl •eecWed hv..lh• Ipvm. .. l0 11, r. Irnne ~~ :-_ l: [ 1r "Rte Vaf1 T1 aE1- r]lR~l 1, 1989 4~7 f J r r pvrauanl N a request for pralxoeete jawed blr the Tam. b. Upon the IIAnq of an applknllan, the Town thetl publish nvrlcn vl lean liling In w nnwropNmr d ganeml clrculnunn In Ihw Tnwa, AnY pernan wlahlnp to aubmll nny aommnnt on the at>axNcattan shall, within Illleen (t51 dnya of the date o1 the natke al the lirnl rya+lknlbn, hie such cptwslenS whh the Town Mnnngm. c. All arrpgcnllons 1o be nccnplabb for liling must bo Accampnnlad by n 1111ng tae o} ton Ih9Ufend Maly d9iLlre JF10,090J. Iho Town elmll apply aEl IIlbg Ives received against all coals aeaodefed with its evnlundon of nny pandlnp ry+pHcblbna puqumd to Ihla chnpipr, in Iha evnnl that Sdal coals ore bas Ihmt Ihn lalal INing loon, the Tawn shall rotund n lwdbn of Ihn lNlnq fns vn a prorated bnslw for each Afplirnm whhin Iody~INa Say) days nller lmndllse grans. Thn Town shall lumish rytJNlrnm whh docUnxrnlnllon d wN Gosta Incurred nl thnl Ilntt. l2. CUNTCNT (1F Ar~pLn:AfiUNn 7a be n[[entnhle Inr Illlnp, nn nl•pllcntk+r, n4Vx[ [Dldnlln la nny nppd[tddn Ingnnnl Irrr prpl~ox ale m,d all Ihn htlarrnnl ken epnr.lilnd tlrnrnln. Whnrn m nppllc,rnnrr Is nnl Illnd pursue Ul to a rnqunxl fin nr Vpnnnle shall mnlnin a1 rNnhnum.lhe lollpwnrg Inlannslbn: a. IdenUlfcallnn of the ownarehlp of the AppHcnnl, n not a natural pnravn, Inrluding the names and eddmaaee hl all pnraonn whh ono [ t] pmcnnl or tame ownnrel+ip Inlnrnnl mrd Ilm ahimnte conErvlhng nalvral pore van And identifkalbn of all olllrnra and dllOrEara end nny nIh1I pfhnnry bUAArnSa analn ElVll d ea[.h, b. An ktdlcnllan wl,el bar or not Ilm Applkma, or arty antlry cvnlrvlling the AgdlCnrd, Including any elllcer of . carparnflvn v a major emckhotder the race, hoe bnenr adjudged bnnhrupl. hrtn had n cabin hmtchMw rnvokrW, nr banlbwrd guilty by way taorl nr adminlwalM .panty b ma UnAr.d Stntee al: t] A vblwtbn d a necmny or AntAruat Ihw; yr 21 A lebny m any elfin[ crlrtw uvolvlnq moral wrpeude, Mentlly any eudl person a enrAy and IVlly explAb the ClfeVmelnnCee. c. A demvnahatbn vi [ha Anpllcnn;'a lachnical end 1lrsanclnl nbinly to mnshud and vperale Iha prnpnaed cnbb iwC'ley. Q, A descrfptipn vl Iha phynlcal facllkSy proposed, Indudinp channel vnpnclty Indudlnp ohs way and two way, it nny, the area to be carved, a fummary of lecl5nkal chemderlstlca and heed end and scoeaa Incllllhe. a. A dean¢UOn relntlnp how any camuvabn will be Irgrlamenled, IdenlifMalivn of arena' having above ground ar below ground cnRtln ladlilleL the proposed conetrucllon acheddle, and ^ descripllpn wham ryrpnprlnle, hdlcallnp haw anrvlcw will be canvmiad hero nny exh9np teolisy to ^ Haw ladlily. 1, A deacrlplfon b! 4he eervlcea !o tw provided over the eyatem, Includhg Idenliflcmlan of letevhlan signals, bmh hrondcnel and non- brvadcanl, la be terrine and ail nomlelevhlon servlcea 1o be prvvlded InIIIAIIy, Whme service will be Dilated by Ilya, Idanldy Ihn elgnnlt ar servlpe6< or 6vlh, tv be Included on each Her, g. The proposed rntna to chmgee, Including rmee for each service Sler, ne sy„rnpdata, and chmpee jar inslallarlpn, conveners end bd,nr aervloes. h. Inlvrmellon As naceeenry to dertwnellnle earltpllence whh all retevsnl lequhsmente conlnlned In Ihfs Chtrpter, 1. A dwrnonshnlbn amtlng fine the proposal h reasonable m nisei file injure cnuln relntnd cnnurlunhY needs end Inimeare, In pnrfk'Utnr, sire wpp9cmbn ahpukl daecribn how Ihn mopneal will sntlaly Iha Wends ns nnnlylad In nny recent cammunay nueda naseasrnwnl camnxsaloned 4y foe Town J. A demohwhalVn hbW Ihn prapa5.ll Wan deegned to be [nnslnlnm wllh All Indernf and llAle rrrQUllenbltla. k. I'fa Imrnn Ibmrtlal prnjo[tidlte IVr nucll year v1 Iha Uanchlae [vim. Iha prolwctipns afiall Include a etatemnnt 01 Incwno. balance wheel, slaiemanl of saurcos and Uae of lands, and acheduie vl caplhl ntldhlonA. Ail eignlllcanl assurrpdana aholl be explnlnvd In Hales yr supporting achedulen eel accornpnnying the prvJncllane. L A eprtplele hN ul all cabin nammunlcnllvne ayarmtn In wMch utn ApPllcnm of • vdncipla sMreof holds nn egnNy hderewl. +. An wllldnvll a! rho Appllcnnl yr duly nvtl.or Vrnd nlllrnt Ihnrnnl [nrlilYing, In w Inrm nc[Mlnble Iv Ihw 1 own, Ihn ledh mrd nd~umcyd the tnloemallon emrtalned In Iha apldlodlon, n. In She mss of an npphcNbn by nn ex;aling F fanchleaa Irv renewed hsnchlee, w dwrrlanehatlon Ihnl aald Franehlene hey atrbstnnlially corgsllnd whh thse InnlvrVAl Inrma al the exhling IrancTrlse and wNh nfnrllrnhle Ihw. a. Any parson who klns en npplknllon with the Tenn for n Cabin ammmtknlbna lrand5ha ahaA fonhwilh, wt ate tlmes, dlaNose to the Town, In wdllnq, the names, address ns, and acprpntians d alt pelsana Wha my ntghadled 1n repreaenl or act an benall of Iha AyyyllcAld In thpae Innlten pednlnlrtq to are rrpp}Ilalbn. The raqufrement to rrutke such dhcbeare hall mnllnus unlit the Tawn shall hnvn rnlxled nn Applkanl'a aryn4cnllnn nr urttll an Applicant wllhdrawa Ica [grpllrnlbn. 13. CGN9lD£RAfIUN Of APPLIGAlIUN9 a. The Tvwn shall conaldnr each appHtalbn for a handdee with Ihn wppllcwnone found Ip be acceptable for Illlnp and Hn euhetnnllal carrpllana with the requharrwnle v! Ih{e chnpler artl any applicable requael fa praponaia. In eveluallnp An nppllCslion, the Town will rnnaldaq nrrgnq vlher 1h1ng6, the A{>nllcanl't pa6! lervlce record fn o1lur Communllha, Ihw Haines o11he prvpoeed ladllllel and seerlcse, tndudlnq ralef 1a ba charged Ihereldr, and whether the proposal Is adequate 1v meal the lutes Debts related communhY Hands end 3nteresta d lee dlNeus al the Town, Where Iha Igydl[>tlbn h Irv A rnnnwwtl hanchlaa, the Town ahwH taruldnr whwthnr: 1j ihw [nine non, ajar hnn arlbel nl5ilnlly canpn,td wllh Shn Innlnrlnl Iwmre d Ihs exlenuq hanchrye and wllh ry.plknbte inw; 2j the qunikty of the opernlor9 snrvicn, Includlnp clonal qunlily, rnepnma la consunar carrplsinis. and billing prnclECes, bW wlRloul regard to Ihn mix, qunllly ar IereS of cable aervlces or other services pravtTlwd over Iha syelem, fine boon reaeonnhle In IIph1 wf consnunlly needs; 31 Thn apernlor fins the Unwnrtnl, legal and Iedtnl®f ability Iv pravlde [fin eervlcwa. IadiI11M And equtpmenl as eel Imth !n Ihv operatorY pravaaal; and aj The vpereSO{e propasnl la renavnable to rneel Iha lulae cable relAled communhy Wendt . and Intareate, mklnq Jnlo accvunl Iha tool d nteellrrp ouch needs and lnteresla, h. Where the Town daterminee lhnl ^n Applicanl'e propaeel, Including Ihn proposed tanks wren, world serve Ihs public #nleraR, end may gmnl a hanchlae to Thn Appilcnnl. The hanchh• agreement wig COh6gIUle n caMlaN, beefy entered Irtlo, belwven IAe Town and the Grsnlee. Sold Iranchlae agreement shall Incospo:ate trY rderence the relevant pmvlebne vl Ihh chnpler. Any such franchsa must be approved by adinnnte of the Tovm Caundf puraUnnl la the ordfnalxea M 1hs Town and the Charter of Iha fawn. n. In Iha quuree of corrobnnnq en fyrpHCnlbn Irv rnnewad irmrchlae, the Coundl shall hold n public hearing, conalalem whh the provlatona of a7 U.S.C., Sadlan 828 as evlepnp a ea may Isom Ilmn Iv time he nmendnd. d. h hnnchlae granted puraumrl fo Ihle chaplet shall nvl lake eflec! Until the Appllcnnl pays w grant Ida la the Town. The gran) lee shag Nv enunl to rhn Towne rnaaonahiw dlrod canes In the Irnnchl6ing prbceae. Iesa the appllcallan liling foe racplvnd. Tha Tawn shalt pravlde l01ha (Nrnnloe a alntmnmrt suntmarkzing Huth coals odor to Ihn oxocullan al the handrlee. I a. ACCEPTANCE A Imnrh{se and ha imrns end mnditbna shnk toe ncCwPled by n (3mnlee by wdllan insuurnnut, In n Imrn nccnplnblA ra Iha Town Aucrney, mrd IIIeA wllll Iha Town t:brk whlnrr Ilrkty laay dnya nllnr Ihn grn,rtlnp nl Ihn Irnncl,lnn Iry rl,n lows. h, IR nCr.wnlnrtf. h, Ills (lrmrlnn Rhnll rlnrlnre tirnl It Irnx Cnrnlldly rand Ihn lnrrna nnn cnnrillbnn er Ilrh anllmm~rv nml Ilan Inrre~hlnn and nr r,.pR HIE 01 ilia 1wHlla nilrl Lnndhblle nl nib nidll1n11Cn nhd tlm hnnchlav and nprpes tv abide by carne. In nccepiing n hnnchlsa, a (irnntae shall 3ndlcnte Ihn[ it has raNnd upon Ns awn fnvosllpnllon of nH rnlnvmd lacln, Ihn[ h wire nd bdrJCwd to ncrvPl Ihn frnnrhlnn and Ihnl FI accepts all reasonrtWa rlaha ralaling le the Imerprelatlen IV the Iranrhlsn. I5. FIIANL;thSE IFRM f tee tarot al Iho hnnthisa shall bra as epecNlnd In rhn ImnCMae agrnernenl, hV1 II shall nvl ascend Illty IASy yens. H a Frenchleav senkn wulhwhy In grwemn a cabin ^yetem In the 7bwrt hnyvud the fnnn of he fr nuchlea, h shall Ilb nn ryYdbnlbn for a ranewrrtl hwnrbhe not taint than Ihiny {3v} rmnvre prim le Iha aapirwlbn o1 ga frnncldew. 1a, FRANC. IlSLi rFF •. The Franchisee In conelderatlon v} the prlvgnpe prwnled undm a hnnchha !or the use of the public ways and Ihw prlvllepe to conalrud and pnarnia a cabin cvmmunkanons system, shalt pay Iv Ihw Town Ilvn 153 pnrcanl of Its annual grvaa revenues dwlnp the padod al Its ofxlrntlon under the hanchlse. b. A Franddene shall }Ile wN}+ Ihn Town. thhty (39J tlnys niter [he IRaI day OI eAGh gVAltnr, A IlnancleS aiaternenl showing the groaa revenues rerwlved by Iha FranchBne during the preoladinq gantlet. A Franchlnoa shall pay the quatledy ponlvn of Iha Irnnchlne lea to Iha Tawn on or before Iha Ilms audS lbanclel /kalemenl Ee dVn 19 be Illsd. Whh each payment mqulred by th€e Secllan BO?. Iha Ftnnchlsen shall eubmil A wnllen elnletnant, alpnod and cedif[ed by the f enrolees !p bra true and ppneci, ehpvlnp jar the bnnledialaly preceding ca}endAr quarter the emvunl v1 prose ravenuwa, the arrount of all revanuea dsdved Irani the syalam and en Ilam$nllon of all pernthalble deductions Eherelram la ardva A gm6a ravenuea. The Fmnchlaen shaft also aUbrMt is Iha Tawn an or before the 711Th day ioilowhrp Ihs and al each cnlendnr year and loHawlnq me erplrmbn m lerrnlnRllan al lhla hnnNtien R wrnlan elarermnl. signed and cenltled try the Franchhve to t>e hue sad eve roc[, nhow3ng tor, the ImmedlAlely preceding year or pnrllal Yvar, ee epplicn6le, the amount of glosl revenues, the emounl of n11 revnnune derived irmn the eyaTem and nn Ilamllntlvn o1 all permfaelbte deduclFona rhereham 1o wrrNe al prase r•venuas. Th+ Tawn ef,nll have g,a rbld an Ihpty {fiat drive dollla to the Hanrhleae to demand Thal Iha annual slntemenl bw cvrlllbd to be Ims and cpnecl an4 In corrpllnnce with Ihn requlremenu of [file ordinance by bulb the Fmnchhee end n #ndMrendwm cmdllad public accountant In eccnrdnncw whh sound end ercwnled acrpuntlng Wadke, the alnlomonln relannJ to In ibis aubsedlvn what{ be {n ouch form Rrtd nlyle and mnlnkn wNt delnkh and Inlounalian ore the Town shah reneennbly deelgnnie. Tha aC[~plance by Ihn Town of paymenla of tepees thnrnol ehan he whhoul praJudlcw and shall not Conatilu,ta a waiver n} the lvwn'a tlghl Iv ckalm a dnllebncy In Ihw pnyntent nl lrsnchlse lave ar to auJII the Franrhlavna bopka end retards, ore hnrelnnllnr Rnl Ivrlh. c. Vprnt Ilvn (5y drays prior wdunn notice Iv fin Frrtnc}liana. Il,n Inwn whnll ISnve pan right to canna n cvuglnte Aw14 In M ntndw of Ihw hooka nd rnenrde nl the Frnnchlane whh reaped to Ibe System. II the roaUNa of ouch audn oboe lhnl the genchiseea stntamenl of groan revenues for nny parbd ending not male than three (9] yvara prior Iv Ihn commnncemenl d the audN h:y been undnntnled by Three pausal 17761 or more, Then the Frnnchlaee shaft ony Ihn Tawn the coal v} such sudh, any dellclwncy payment shown by cult eudll lobs due end Inlmeal thereon at the sowed rare, A laport d fns Ihndinga of Iha 7 vwn'a evcou nsnm shall bs bindlnp and Candueive Upon the Franchhas end Ihs Town. d. rn Ihs avenl That any Iranchlae payment h not fecelvnd by the Town an ar helms the epplkabin dale, Inlareel obeli be charged ham ^uch dale al Rn annual Imer•al role Then ehnrpwdrle tar unpaid Indernt Income lexna (2a 13.9.0., 9edlw 88211• In addillan Iv Iha InragvlnB. Ma Franchlerro aheN pay a Lte charge al flue [5] percnnl n1 Iha Amount of each payment. Imereel and fate chnrpea win not be chnrgenble to [fee Franchisee Ivr eddlUonal payrrwnl requlrad under the Yearly edJuslmenh prmldsd The! wch pnymonl does nd evheed ten (191 percent of the joie rNnlhly pnyrJwnle made tlminp Iha yawl. In the event web payment eateede ten {19] pereenl, Ihs Frenthieee ehnA ba liable for Inlsrael and Irate chupee for the ennea ampunl. a. In the event n hnnchhe la revoked or olherwke lerrrdnnted pr{m to Ha axpiratlon dale, the FreneMase ehak the with the Town, wIIMn nlnwW Ip9j dnya n} Iha dnln d rnvvcNlon ar Inrrrdnwtlnn, n nrrdllad Rnnnclnl elnlnrrvsnl ahrwrhtq Ihw grlvaw re una rw.:nfvnr! I>y she I mnClllane alnfe the end of the prwvlOVn yon and shall ranks adlualnwnle el rhnl Ilene jar the hnnchhn Seen due un lathe dale d revocation or Porn>Innllvn 17. INSURANG£, BUNU9 iNUF.MNITY p, Dpon Ihw granunpp OI a Itannnlae nn0 IUllvwlnp dmullnneouelY Iha Illlnp of the eCsplancn d the Irnnchlee and al all Ilene during the term of the lranehiea Indudlnq Sha Ilme tar removal a! fncsdlne or rrwnagen»m ee a Iruetrte ee provided for heseln, the Franchisee ehnA Obinin, ony all premlurrw tor, arse delver tv Tha Town wnttnn evidence a} paymam oI prertdume Irv end the arlglnnls d the fonowlnp; fy A general carrprehensive publb Ilability ja)Ilcy or pollees Indenxtlly€nq, delend}ng and saving hmmlesa the Town, Its alllcere, bonds, commisaloris, agenln, ar etlployeea hum Any and ell dAlma by Any peraan whatsoever, Indudlnq the cont6. ddanoea, nllmneyt tent and Imeresl nrl6lnq Therefrom on account d In(uq to et death d w unison or panarn occasioned by the operailona d Iha Franchhee under Ihs hnnchlea Mmnln granted, or ellAged fv have been w Loused a ouur:ad, wllh a minlnwm 1lahlllty d one million tlogan {f1,999,999) pet personal Injury or death d any one {fj parson And Three mNflan dopers (59,090,999} for peMdn inhrry or doalh of any Iwo {2] m more pereene in any one (1y xcunence. The policy shall be endorsed adding coverage Apnlnal all claims for personal Injury Ilnblllly affaneea. 21 A properly damage Insurance pulley or pnllCiaB Indamnilybq, dOlOndhlg and saving hmmlesa the Town, }tor olhcera, boards, carrmthslona, agents, and elrployees from and against any and all dalrm by any parson whatsvavvr, Including lee cas1B. da}Brio BB, nllmnnys lens, and Intefasl arlaing lharelrom, lot prgleny damage ocavslanod by Iha upalAllon of She Fanohlsaw elder Fhe franchlsa herein granted, nr alleged 1v hAVO been So cnueod or nod, with a minbnum liability of fHe hundred thousand dollars [S5a0,oaa] for prapeny damage to Iho nroponY of any one {1] parson and one mlHlon dollars {f 1,OBtl,OgO] Ter property tlnn,ngn tv lira prapnrty al Iwo 19} ar mare pnrepna In nr,y ban I11 nccurrnnce. 3y A pednr:nnnin band bl hands In raYm al Ihn fbW,l W{Ih gnarl mlrl RIIlllr:lnrrl elllnly npprnvnr} by Il,n lawn In SI1e aWll eel hull) Ir11h1e Irlnch{6e agleernenl candlllvnnJ Upon'Ihe lallhlul perlarmance and discharge vl the vhHgatlvna Irtpasvd by ibis ordlnnnco an4 the Irnnchlne awardod hereunder Irom the tlAle finical. Ttw mm~unt or the band stay he reduced as nny cvustrurabn Item le rrqulred h cvrtptvsed. Cohelstent wllh Iha Iranchlae apremrtenl. b. The bond regWremnnta eel forth shove ehatl no longer apply upon camplehon of cvnehuNlon and Inepecalon by the Town as follows: If] F[anC}Ilawe BM1AA glVe nOIICa 10 the Town wt ouch Ilrnn Aa Frmtchlsee hoe cantpleled the wnsUUdlou. Iv} Ur+on recnlpt vl nonce, the Tawn shall Wax. sixty ley dnya m ,eGelrw a wralpn report Iwm wn Indnpend eel nnplnnor; prvvlded, however, H the Yown Inlle to receive such a wnllen roporl wllhln the slaty {69J tlwya Iha mrlatbtbn of Uon6uvdbn ahaq be deemed to have taken place, unison Ihw lalhrre to receive each n report la sue to un}vresean events, nnn al Gad, or evenh beyond the taasonabls cnnlrol of the Town. J3) NaJwilhntandfnp enylhlnq la the canlrary, the Town may wndlllon corcplellon of the canalrvdlan upon recelpl of a wnllen report from an Indopendent engineer. The canple9on of the eyslem upgrade or eyalem rebuNd ahnp not be deemed to have taken place ungl the Independent engineer rapnns the lollowing; IAl All conahuclfon or Impravemenle camemplated by Iha Franvhleee have Kenn Carrpletad or otherwlae aallaladoNly reaaNed; Jby SRHBIACIpIy lest tee uha using the tachntcnl elandnrds set rbah In Ih4e Iranchlae agreerttanl al up l0 fen (h0y widely nepmnletl nubscrlber drupe aeiecled by the Independent englnenr and usArg Ihn lolbwing IesIB: I] Sfpnal Ievai 2] Hum 3y Sypasti reapvnsiva eyatem 41 Carder Ip nblee of system 5j TASO pkture quNky f2 m bailer] {cj CorrpllanCe wllh ell appllcnbb Codes and atananrdt. Jdy Cmringe d the bask aarvke A5 avelhble, nor set forth In this Iranchhe ordinance. c. AI! bands and Inamance polkas cahed for herein shnN be Inn }arm sndalenary Jv the Tawn AuvmoY. The Town may el any lime, N It daema JIepN Inancure, requlre a Franchtee Ja provide wddilVpnnl euraHes td any~wnd art bond. ar to repo cw exlslbq bands with new bands for good and eullklam ewesy ppprwad by the Trim. d. A Fmnchlavo afiall, et 11s sole coal and evpensa, Indemnlly and hold harmless the Town. Aa o}Ilcloln. homes, corrrmieabns. agnate and enadvyeos agnhtet any and all doing, sake, fml6ne of nCllan, pfvcaedings. Rnd JVdgmenla for damage ndeing ovl of the opamllon of the cable communicnt{nnn eYslem by Flanddaee undor Ihw Iranchlae. These damages shell Include, but Hat be Ilrnhad to, panatelas Adsing out vl capydghl inlhngvmvnte and damngea arising out o}any (Allure by Ranchlsrro to secure consvnl lrorn Iho vwnera, nutharfred diabibmore yr Hcnnseea ar ptogramn to be delivered by the Fmnchlsov a carmnunlcntlvne system whether or Hal nny act or vmhaion oortptainad carrylained at la nulhprlrnd, mlownd, ar prahlhllnd by the Imnchlnn, b,rfnnvdhnd nxpnunna shell InrlUde, but Hal be llndled to, all vul-or-pocket evpeneee. ouch nor Costa and auamvys lava, end shall also Include Ihn reasonable value of any eervFcsa rendered by the Town Allomey ar his or her naelatanle or nny errpbyaes of Ihs Town. e. No FrArtchleee shall permli airy pallcY or band fa expire and the Franchisee, not leas Than tAltly 139y days prbr to N6 explradvn Bhall dalMer to the Tvwn a eubNllme renewal or roplacament band or bonds In conlarmance with the pravhlona of Ihle ardlnanu. 19, LETTER OF CRECIT a. The Town maY m Its dhttedon require That w Franchisee oblaln rt Ienar d credit. When and N the Town ehnWd ea regvke, the Frerrchlaee shall depoeh whh fhs Town A letter d credo Irom w Ilnxncle! Inatlltalan approved by the Town In the nrtgvnl d 111Jy thauaend ddian {f59,999]. The Feuer d creek may nut be revoked m lemdnnlad durlnp the term d the hanchlee except with the wrlnen approval d the Town. YRe Corm and the cvnlenl of each letter o1 creel[ shall ba approved by Iha Tawn Andrney. The lever d vedi[ shah Ire Used to Insure the lallhlul performance by the Rnnchlean of ell provlabm d the francnse and d Ilde ordlnenca; cortpllnnca with all arden, permlle and dhedlons of any agency, comminslon, boned, depanrnanl, dlvlsfon, at 0111tH of Tha Town having Jurhdkllon over its aria or defaults under Fhls license; and Iha paymanl 6y the Franchhes d any dAlme, gang, and tuen due the Town or other munklpalAlea which edge by reason d the canelrudlon, pperallbn ar rrtnbinnnbCn OI Ihn eyafnlR h, N,n loll rat al CIndA Nme tM Itlahllnhled 11y Ilre Frnnct,leee nl leanly 11v11hbUennd dnllnra (f25.flo9y dining the enllrw term of the }renchise as Ihw Tvwn may requlre, oven n funds ere drAwn Agalnal h pUIBVan1101h1a ardlnnnce. C. The feller of arodlf shoji eonlaln She fvlfowing endmaerrcnl: 'N b hereby undmetood end agreed Ihn[ 1hk letter d aedlt may not be cancelled Iry the nurery nor the Inlenlton nd to renew be elated by the surety untll IhErty (39y dnya aher Ihv receipt by the Yawn Allarnay, by cerflfied mall, of a wrlnen nvlka of such Inlvntbn Iv cants! yr not [v renew. d. At the Towne opllan n maY draw against the Inter vl credit for any unpaid Ikquldnted damagos, franchlas lees, ar other amounla owing la h undor the hanchiae which are [hlny (30] days or Here peel due. The Town shall notify the Franthlaes In wrlling Al IansS ten (SO} days In advance d drawing upon the letter of credh. I0. LICUIDATED DAMAGES In the event that the Town Ilndn the Franchisee le In vlola[IVn of any melerFAf obllgaeon urrdvr Ihie ardlnanoa ar the Iranchlae, the Town shalt nollfy the Frvnchlees !n wrlllnp d such apparent vlalatl0n and requlre the the eledrFcrd ar lefephane or olhar tdillly lines Franchlaee la cure the delauh within a , wires, pipes or sllaChrtwnta. The Town may leadonAble Ilene. The Fenchlsee 6fiall respond Inspect end apprlwe Iha rnndllfon d the public fn wntlnp Iv the Halite of oblation whhin Inn IlO) ways, sables, wires, atlachmeme and poles aver working days Irani recvpp! o} each nolke Han{rag fenxlrat. Thor Ifabfllty, Indemnlly and in6vran CR fnrlh the elope mken Id caned or propose to as provided herein nd In the Valt cabfv tree Iha vldatlon. The Town may extend the lahvhlon ordinance shall Gmntlnue In ful} lore. lima far Huth rwappn5e upon a .hawing o} lust and afford during the period of mmovaf and unlit cause by the Fronfiiane. Franchisee m y, wllhln full c0rtrplhrnca by Franchisee whh Iho farms and lhrea 13y dnya of roca¢5 of ouch notice, nvllly Ih8 condRlona al this paragraph and Ihla ordinance. Town that Ihare la a dlapuly Aa to whelhm a In She event of A IAllwe by Franchisee Eo vldatlon or failure has in Iacl acCUned- Such correlate any work requlrad 6y Ihfs Iranchisa noUCe by the Frnnchleae to rho Town shall agreoment a3 the Vall cable lelevlaion apathy wNh parllculndy the rnmlels dl5pulod by ordinance, or any vlrror work required by Town Iha Franchhoe nntl shall striy Iho mnning or the law ar ordinance Wllhln the Ilrtle as nhzy bo above dnacribad Ilrne. Tha Town shall hear she ' established and to the sviisladbn of the Tawn, Franchisee s dispwe rat w regularly scheduled Iha Town may cause such work to be done. Tha meellnq within o reasonable period al hate. 11 Franchisee shall relnburea the Tvwn the coals after homing the dispute, the claim fs uphold by Iharaot wllhln thirty J39) days filer racolpt or an Iha Town, Franchisee shall hAYB IIYB 15y daYS damlZed Itsl d a4L'Ia learn. Imnt ouch a delarmination Ip remedy the 23. SUSSCRmF.R FEES nND rTA T£3 vbinpan pr Innate, a, the inlllnl lens to bra charged Iv Thn Ipwn Huey nnnnne pnnnlllnx nx Inllnwn' auheprisera Ivr w11 a•ruk:ns IncuulN,p Inelnpnnvn n- Un m or,w I,unMnd dnlinrn it Hall I,er dnY Inn nntl prl,nr nnn man chnryne xnnn fin Inr anehm lbrl rMmMl Vinlnllenn, e nnnr.lllnn kr nny h•rlCldaw agrnnrnnnl laeunrf h. Up to Ilny rJallnra If SU) par day Inr puraunnl hnrel n. le Wldng vMlallonn. b, lho9e 1096 and Charge! whECh are eab}wd e, Up to 1[ve hundred dolian [f5v0) far other to repuladon by the Yown In accordance with vbintiona. Federal law shag not be Increased wkhoul prbr The penalllen eel Ivnh hereht pre in add'dbn epprovnl of the Town. to all other righla of tho Town whether rnservod C. In order to WSnin Tawn nl>Froval for rote by Ihla Irnnchlne ordinance or authodzvd by Ihw inClensas. the Fmnchlsee afiall file a ravisod and no .pion, proceeding or axerdae of a dghl schedule of rates with the Town at leas) ninety with rasped Ja wch penalty shall aHed any other j90] days In advance of a prapasad rate dgM the Town tray have- {ncrsase. 9ubscribera shall be notillad of the 29. FORFEITUFlE ANO TERMINATION Rrppo9etl Increases whhin lea (T9} days ni a. In nddhlon la all other rig file and powara natbe 1o Iha Town. This liling shall spwcHy the retained M the Town under Ihla artl{ashes and raise or lees to be lnneased and aeaacfated ony fmnehlee ieeund puraunnl Ihmnty, the Town repulollpnn which may nllwct chargaa w the reanrvee Iha right 1o Iudnls end Iwrminate the suhacrlbera end the luerlncallone for Wald IlRrtlillae 0.nd Rd rlphle and prlvlingna p} Iha IACfertene and Chxrgea, lbw FmnCmSnn Ahan Frnncirtene In the event d a4lUatanllnl brooch al prnnlplly evbual nny wddhbnw7 fuppaning {le lwrrrw and cvndillene. A anbalnnllnl breach by Intornrntbn rwgvnalwd by the Tmvn, the Franchisee shall Inctude, but shall apt be d. WNhirS lhlny 130} days of the rmv Incrnxae rhnlled lo, !}b Ivllowing: filing, the Town shall IcheduSe a pu61b meet{rap tj An ensured vldatlon of any materlaf before the Council to hear aubacdbar and provlalan d lhlc ardlnanca or Iranchlae Issued Franchisee avrtFinanl an the proposed bcraase- lhereunder. or any material rule, ardor, pollvwing the public meeting, the Council afiall regUlellon or determinatlan pl the Town made determine whether yr not la gran) the plopoaed pmauanl thereto; Increase or a porllan lhereol prior Iv the 2y An atterrp[ Ed evade any mntedaf provlsbn eppkat3on d said ninety [99] day period. of Iha hancfiiae a prae7iee of any }road or tleceA e. Retee shall be Jual and reasonable, upon the cable cammunlCatlona eyslem tonaidenng the FrenCAlsee a caela, Induding a cuslamere and wbsaAtera or rsxon Iha Town; raaeonnble role on Invastmenl Duel [he 3J Failure 1o beg[n or gubatantlally Complete remalning term of [hv franchlsa, and shall Hal any ayalem conetrudlan or nyslem exlensbn as ~ pNe any undue nr Unreasanabre prelerenca or ad lath b the benefice; advnnWge to any eubaerlber or clean of 4y Failure to pavlde the rote, qualhy end level eubscribere. al BBrYICee prvmised 3n the appllcalipn m I. Raley and drargee maybe reduced al any tpedifed In the Iranchlae or a teanonabia Ifrne withovl prior Town approve, prnvkfod that arbstilule theralor; Iha rotludivna do not recall w rotas wythch ere 5j Fallare Ip re torn a rvlew nller inn I lay onabfy d;aer;minnlary la any avbaerber oe cpnaecu[Ive data of intelrupled aervlce except CFasa al auhscrlbera, Where temporary when approval d such intenuptlan le obtained reductions n a pal into elate for prartwtivnet Dorn Iha Tnwn; pwposes for a specNled lima perbd, a relmn to 6) Material miarapresemal[an bl Ind In the Iho permanent role shall npl ha cvnsidored a appifcation lot, or dming negvllallan relating to, tale increase ivr the purpose al Ihfs Chaplvr. the ImnNtlsa: Tha Yawn shall be nollllad of alt reductbna In 71 FAlbre to pravlde ewety end Indemnny an raise whnlhvr narrnrnenl or renporary. required ray the franehhe nr Ihln ehnplwr. g. Rates and charg nn not nubintl ro b, The fraltphlaee afiall Nava no IL blHly to legulallvn by the Tpwn Vnder Federal TRW or the Town. trot abaft She Tavn have the right to repulallpn may be changed by the Fran[hlaee lerminwre a[ taroks Ihh fanchlss ar Invoke follawfnp A minimum a! Thirty (791 days orb[ pennitlee In accordance wElh 5edlon 19 0l the ndlce la She Tawn and a minimum d Ihlny {39y Cnbie Ordinance ns a resell d any fnAUre of the dnya prior Holies 1o all subenlhera of basic frnnNllsee 1a pedorm, or delay by Francitleaa Nt eervke. the perlormnnca ol, ha dsilp.9tlone herounder 2a. REPORTS ,{other Rtan.la,rpeY .the lrwnchhs inn ant rahex,ga.-~ w Annul Repon + .~ _ pnymenu regdhe6 by Urb Ap.ewmwmf a euch~ Nv Inlwr than one hundred twenty yt 20J days ralrure or tlelny b canoed by fadpro beyond me aher Ihn ens d Ise each Franchisee a ascot cvnvol d the Franchisee, Induding wkhou[ yams, the Rnnchleee ehatl the a wdnen report Ilmimrbn, any hood or olhar Ad d Ga[d, laws, with the Town whldr shah ksdWa: segulallona. raise of create d any govermmntpl I y A summary of the previous calendar yearn agency. aabolage, elrikee. lockouln yr Jab ncalvmoa and devalvpmanl of She syalem, acvonA, Inllme or delay fn trwneponetlon or Ihn Including but Hat limited lo, services begun yr unnvnilahlllly of any product or material dropped, number of subeabole, bcluding palm necessary to Ihn pedourtanca hereof; provided and losses, harass past, end m11vs d cable That Fanchlaeo has exercised all due care to dislrlbullan planle and aervlca. prevent the ocanence al such svenla whkh are 2y A financial slatelrtant candled by an ollkar raasonnbSy }orvseaable, Inctud{rag whhou[ of the Fmnchlsee Induding a alAlampnl of Ilmllapon, a[tlVply pVlaVing aflelnM3vB produdb, income, a balance .heel and a etnSnrnonl of materials and moans of panspvnatlvn, In Iha sources and applicaliona of lands. TM slalarnenl evvnl That delay in ppdammnca or lollum Iv .has include Holes that spnd}y all signillcanl pprlarm allwcls only part of Frnnch19e0e capiCily accounling ponclvs and pradfces upon whlchh to padmm. Then the Franchmee ehan pedmm to la based, Inclutl{n g, but not Ilmlled Iv. the exlenl N In raneanrtbly able to do eo. The doprvclntlon roles and malhodobgy, averhoad Franchisee ngreew Ihnl Ihw a cues Ivr x and Intorwxl xyxtem emrl alive+llon mnlhnrle, and umn Inal onnnrlannnnce unrser ode 9nruvn baste Ipr Intnrnat expnnaa. A awmm~ry shad fin only eo long ne the nd which excuses prvvlded conparlnp Ute cmrem year with the pedarmance under Ihla 3edlon shag mnpnue Ihrea pravlova years. The alalvmen[ shell whhoul Inlerruptfan. In correcrtng any causes al carvlaln a summary al Iha paYntems. nanpedormance and In elle[gng any padlal pedonna nca, Frnnchlaee shall lake all 3) An annual summary of complslM6 necessary coueClHe edlana we expedAlavaly ore recalved. pveslhle- a} An annual projedlon of plane jar the a The Fown ahaEl make n wrhien demand by future. cenltled mall Shat the Franchisee carrply whh 51 An annual raped of the company, any such provlelon, ruk, order a delerminalivn 5J A cereal annual emlement d coal a1 under or pureuanl to the hanchhe. h e violation canuuction by cortaxonanl calepory. of the franchise cannnvee for a period of Thirty 7y An ownership repv+l. Indicating all (39y days lvllowing ouch wriaen demand wllhoul persons, who a[ any thne during the pecedlnp wrfllan pwd.lhat the conanive edlon ban not year diredly eonlrvllnd or benelltatl Irom nn been Taken or la being adhvely and expedltbuely Imefeat In Ste franchlsa d five {5] percent or punund, Ihs Tawn ropy coneber terminetlnp Ihw morn d the nramen. hnnchlpe; prvvlded, however, ^ wdnnn Hofer-e B) A copy of NI The Franchlsa+f mlrn end ihvred ahA1t be given tv Ihw Frandthev al tenet rngulatbns ly,pllCahte la aubacrlMrs sr,d veers Ifeteen {I5j days Nr advance and the Franchisee d the cabb anmMunkatiorla syalem. must be given en ap}>adunity to appear bolero b- Addl[bnal Aapons the Cvuncll to presanl Ns arpumenh. Shourd the Fhe Franchisee shaft prepare and Iwnlsh Iv Town determine, loliowing the public beefing, the Town al Iha tlrrwa and to She loan preaniyed. Iha[ the Molallan by the Franchisee was the lank Hoch addlllonat repods whh rasped Iv eta vl Iha FtanCnlsee end whhin the Franchisee's operallon, es may !» rewaonpbly nacasanry and cvhuol, Iha Tawn may, by eeeokJllon, tlndme that appraprlnle to the perlornuynce vl Any of the the Irnnchlne be larlelled and tmminnted; tlghlb, FunCllons or duSlea ai the Town in provided, however, the Town may In Ile vonneClEpn w{lh Ihh vtdfnence ar The franchlsa disarellon, provide an oppmlunlly Ivr the agreement. Franchisee to remedy the vlalmlan and corns 25. RECORDS REUUTAEU imo compliance wllh the Iranchlae and Ihh s. Mendalary Records mdlnence eo sa !o avant the terminatlon. The Fanchlsaa shaM1 at all Mmes nnlntaln: 21. INSOLVENCY 11 A record d all canplainis reveled dudnq The franchlsa prsnled hnrevnder Hwy bs the lmm al the hnncNee. Inr minwl•d attar to Ile explra}Inn h Iha lawn 2] A lul! Rnd Genarinlw set M pinny, rwrnrdn [:nrrnell Ilrrrle lhel prwnrhlsnn hnrnrnna atld'm lulfh'rrnna ebryrring lire start br mina nJ InnoWnnl, unnbw or urrwlnrnp to ony Ile dMrJn nn ell cal>In telnvlnlon system nqu¢arrenf Inetnnwd dtvy barortte duo, Illaa p petllbn for raliel under ar n Use In the Tnwn, exClValVe d nVbaC[Inar any state ar ledem! bwnkluplcy, raorgwnl;etlvn, eervke drops. ImaMenty ar similar law [or any Hoch pelfllvn Is h. Inspncikn by Town, filed agalnal Ihn Franchleea and Is not dlemlased Upan reasonable Holies to Iha Franchisee, wllhoN BIx1Y I99] dpyaj, 4 adjudged ae bankrupt, the Tvwn shall have the tlghl to inapad ail naalpne ag Of a aVhBlPbllal pan ar fin asaett far Prnpeny, maps Had IBCald6 lnbling IV Iha Cable the banal{t al ha credllore. all or pad of aperallana rat any t{me tlurinp normal buslnean Fr anchlaee'e lac€gHes ors Bald under en hams. Arr records requlad by the Tvwn iw augs inalnrment Iv assure a dots[, m n receiver la InafxeCltpn shall be mado- avanable whhin Iha nppofined wqh rasped to all ar a eubelantlal pad Yown of Yeil, Colorado, wllhln a reason.,bb Ilrr» ohho Franchheee assets ar alock~ alto the raquesl. 22. REMOVAL OF CABLE 29. pIUNGS COM MUNICAYlONS SYSTEM The Franchisee shall mall or deliver a copy al Inlhe event ibis Sranchiae agrealnen[sypirea, all liling. fl makes wllh Slate and Federal le revoked or olherwlae terminated, Ftanchlsee agendas to Iha Town Clark. Sold Cropy shag ba shall remove at Hs own expense all deelgnalad mafbd or del[vered on the liling dole. porllons d the cable cammvRice[ton8 ayelem 27. SERVICE CACL9 ANU COMPWINT Tram all aNnala and publk ways whhin the Tvwn. PAOCEDUR£3 In removbg Ile plant, alnrdurea and oquiprnenl, a. Dming the term d Iha cable AenNrlae, the Fenchlsee shal€ refill, ai ds own expense, any Franchisee shall pwlmoln nn ollEce In the Fown sxcavallon that shall 1» made by h and shall a h the tidally lhared whldl aubaaA»re wkhln }save all publk ways h ore good a oondllion as the iranchl6a area may Telephone wflhout Thal prevalHng pear to Franchlaeea removal o} incurring toll charges. ExcepT in the event a} Ile equlprmnl and AppllAnce/ wllhavE affecting 711fr1 [o Page 55 r a• ~ , WAISRIiSSlCASIIilER -Need rnemre, honest, hard working woman fur ycar- raund full tintt position. S[arl et 56.SU/hbur II hts [Ips, l lnusurg nvad able. Please call Eienalc 476-0241 utter Spat. ADMINIS'1'RA'[7VIi ASSIS'l'AN'J' -~ hull time ycnr-round pasitiun. Includes clerics! and ndminisuati vc nUivilics es well as gttagr salc+ anrRlinalurlor large hmncownera association and rrnlnk operation. lixccilent bruc(its, housing available, Aprdy in pcawt, Vail Recyatct Club. T1lG GULll1iN 1SIiAR is inlcrvicwiug for a pasbian in our salts depnnmcnt. Cali 47G-7512 1rrUV'eCll 9nm•Spm Mnudny-hriJay k, nrrangr fur nn ;w rn•irw. I'Irnce hove n•fctrrrres oral Insuntn avnilnirlr.. k'Icaec du era al+ply iu pC I5fR1. NI?IiU I'AIt'1' (lit I°UI,I,'1'IMI? WIFI( - Carcer woman utrds frcrsan to du enylhiug anJ evcrylhiug itt the beast. f~tut, positive aturtrsphcrc. llanusrx, available. I'Icase send resulnc to Ilex 486, Vail, CO R165R. AfUUN'1'AEN Slil'iiRVlti(sR --Ycnr~ reuuJ full time pesilinn fur h.ud worker with rxpcrirncc in rlcctricnl, sntnl] appliancr rrpnir, and gcnrr.,l enrprn[ry. Urxxk heucliu and ba}uiug availably, Apply in pawn, Vail itaryucl Club. PART 'I'IMIS, YIiAR-KOUN17 COM1II'1 E'IyiK kry lanrrh r4,rmtur ncrdcd for public nereuteting (inn, Smurc bnakkc ingg ezprricncr. helpful, Ccattncr nclrrs v~9-S1B:S. A )OH ]N 1iUR01'li7 Au 1'airlNaunics nccdcd.47G•U2G3. TIITs 11ULEPAY IIO[I51i in Vnil Village is hiriu~ desk ClCrkslretCr~a11an1aIS. 1'nanrva ellltmlc rod gaud plwnc 1,crsrnsnlity n must. Benefits induJc hceUh iusurencc, ski ppass end in-town (,arking. GsxrJ )ray and ^czible hnure. Cull Luri at Puuraele Resorts 845-943U to aiSrly. RG$r:RVA'1'EONS MANA(n:R - Exccllcnl full lime, yenr•rnund oppnrsunity for dr.(ail britnltd expcrimtced rescrvntiats rnanngcr. Must have experience In inventory cunvnl, corn lsuttritcd plrunc systwna and ' previous homcowucr nssucietiun ezpcricnce wnu1J ht helpful. Apply in pcrsu» Rt Vail ]tacyvct Club. opg..a.:r.=nitieJ3 DUfLfr 1SUIL1)IN(i I~O]t SALB try ownrr. FizcnBcnt invr sl nsrnl pmlx'rry and rnrtnl bluer yy. 1Vr11 mainlaimcJ, 2 6cdmows, 1 built, in tack ulril. Nrw applia:rcca in Runt unit. f,atnldry huakup in rear unit. 14un1, rear and a tstairs dcckr. t-orated iu liaglc. $IflB,fl00 con,plalc, far Further infanuntion cell 476-5127. N1iliD CUS'fOMIiRS fur yarr scrviccs7 All liaglc Cattnly pn,peny owners in my dale base fur scarclres, mrilbtg lnlrcls, letters, lists, eta 476-9166. -1'15[5 [.S'I'EII? l'IiAR to own your awn IIsrn[ilablc gift shop. Wcli iota led in [.least Iced. Rcnsnnably priced, $42,(NIU. [avant bry RvailRhtc with possible fiRqucntg '1'tlrnkry or leasehold only. C'a11 Kayy rbr details, Century 2i Schtid Rcahy, htc. 47r.69U1. BOWLING L'liN'l[i]t1NIGlI'CCI.C)1! w be Jevclaped in [idwarcls Villa gc Cenuncrcinl Centct. Will consider sale of Inrn-key project, joint vcnnrrq ar bnsc w riAcrr spncr. nr both. Cuulact fim (i«•rn, IV outer ])evrinpu,rnts. lac. (:Sll.l) 749-483:1, 111nI.hIiRInIiVIiL[ll'lilt regnilns finnnci nl invcannral pre caner fur building projects In VaillAspcn, CbinrxJu, Contact lid livtrclt, (3U3) 949-4117, I'.O. Box 91186, Vail, CU 81Fi58. NO [.ANDLORI} in this restaurant artJ bar in liaglc. Ihux rndudcs ell Ilalures, cr uipnrent and real estate. Only $isB,lil1A. (:all Nxlay. (lore Range I'ropcrlicslBencr Humts and Gardens 4~1G-zARZ. GIUiA'I' I W$INIi55 (sE'J'l)It'TUN1'I'Y - itclail business fur sale iu Avon. IizccBcut Icase. Crane incarirn,. 'I'u mkcy nl,rtntiue. Very fair price. ]'rinci tries only. 949•A[116. POIt SAl.fi -- Vail's only miniature y-elf count, 17,11UA buys [urukcy npcrnt;on. (:all Rolf 4'TG-24 71. AIII-SWlil)IiSIN M1'11N'I'U12N is going stn of husinrr s. Video resist package, J i[J moults, dtsplny rack!, cash register. Ytrllr aWil hnFlnCa9 ready la gP, $]li,fl[111. {3U3) RZ7-5781. AVAIr.ABl.li -Successful seurctgrialflemiwrery service. 476.8921}. aterviCea RfCnMAN UYIlO1 S'1'G[tY - Dcnvcr's oldest now la Vasil Uphnlstcring, slipcovers, rrfiulahing, antiques rc- srured, casework. tree hunts estimates. ['n!t Ucnver collect 1.733-112U5 ar 476- 1172. VA[I, Sh;Lh S'rO1tAGEi - Dan't be cram rrd for grace. We fravc Ear o and srnali outage units available. Call 949- 466fr. SCIIAUR CONSI'RUC'I-i(IN -Quality work guy rantccd. S +rciaiixing in custom rlnsrts. All typrs ai inlr rinramf extrriur lriut. ltrnwdrlrng and framing. Also sl>eciahzing iu drywaR and repair. Dan Schaub, Owner, 949-G4U8. 1[AULING -- We haul bash, bricks, cement, lun,hcr, tree limbs, constnlr.lian and gsrage clean up, turn i[u rc. t<ti Mobile Windshield Repairs =T--= ~ 4 ~ r`5 ~.-,- f`. `~ J Guaranteed repair for a traction the cost of replacement ~ ~asazoso ~ _ t1 - 7 • Mold 5vrvlco • t2antals WE EXI:MPLIfY PAlRNE55, FIQtVESfY & It~IIEGRItY KRAIG KELTNER ~ oFr-7c~ I Mae,r.~ I ~.o. sox zo5 Owr1Br 8459354 944.7871 AvoB, CO 811120 Cleaflifl~ SefVICBS Resldenifol / Commercla Remodeling a Carpentry piurnbing +Palnting General Malnlanance Properly Mar)agement Rentals May We Be (~f Sera~icc To You? VAIL, CO. 303-476-0800 ~ VAILVALLI=Y ENTERPRISES ,Q. NT~,Q Professional ilousekeepfn~ ~j Ava11ab1e ~ COMRLETE HOMECARE ~ MAIM'ENANCE SERVICE • tylU(T1131f1(~ • I:IgCtlGal e llppllanca RcTpalr .Firewood C Rcasatnblc rates. "Yon Call - We l teal-" 926-IUG4. MOV1N(i7 Call the-prufcssionals at Rocky Mnuulnin Delivery Rt Trausparl- Olfrring local & stele-wide rnuving, packing & coaling, storage, worlJ-wide shipping. Also sell packaging rnatciials {Gazes, tape, eta) Call for sununer Irloving rate specials a1926J[Xs6.- E'AIN'I1N(i ANb WAi.l.l'APlift]NG - Qvalily work, reasonahlc roles. Nut the fastest in taws, but Arc neatest. hrcc estimates, local referencca. ]im 476- 3388 dayslevrnhtgslwcekcnds. NO'I'IMIi 'I'O SI iC}P, clean your hems or cemJe,, svmrr your clmde nr 7 Call Knlhy (:SIXS) 949~(r4[Ifl, iiaix;rirnccd and ndclcncns. 11UIt5[i (11VNItiRS ~- lnduer strdls boa«iing. I'rorccl your horse, 31251mo. Ldwanls. ] -771-4544, 926.2(><)0. FIVIi YliAlt VAI[. PItUHFSSIUNAL scrks hauscsiu ing pasilion. Clcmy norr- snoukcr, no pets. tic! your rules. Can do sane mainlennnce. Rcferenccs available t:pon rcqucs(. Cali Mithacl 476.2444 days, 476.6249 cvcniugs. Leave tnessagc. Wli CAN lllii.l' YOU maximiys your invr. srmcnt t`rrapt:rry inconyc. Cunlgcl Vnll ItCanrl Itcn[ala {Q[ ItCaily faF InarC i nfurm anon about ear pn,pcrty aad rcntnl nranagmncnt p«,grarus. (3V3) A7G- (I9tK,, I-Rpl-ASG-VAIL. fiXl'I?filliNClii) 1'ROI'IFIt'I'Y MANA(ifiH, luu6~ tints csinnnunity rcsidcut, looking for esseciatinn (s) to manage. Goad rcfercnccs. Currrntly employed. 1'lcasc scrtd rcyuests to Lid to: P.M., Buz 10(IUU-191, Vail, CO 81658. I'AR'I'Y WI"I'f[ 'I']lIi "CAPTAIN" - Vail'a hest D7 systcrn with party lights is evailnble with Kate Celiim, Tarry Maury or Michael Cacioppo at the caul ruts. 4'16-RfiN'P. [,AK]i PUWEi1.L VACATION -Rnjuyy 4 nights camping on sunny lake I'uwcll beaches with a new ski boat the! siteps 5. Call Michael Cacioppo [or details 4~TG-7358. WORKMAN'S COMPliN8A1'ION - lirick Glans;, Attorney at Lew, VsB Prafcssianal Building. Prnclice limited In rc tmseming injured crnploytts. 476- RGI~. GRANll1rA'I'HL'EL CLO(:K CARit - Prulesaitx,al in-Conte service for alsceial docks. Old Clocks fad. S-755.7220. MA'I'il TUl'OR1NG -Gradca I-12. Call 949-4064. Bli I'1'IS]t IiIASCI'REC - Itcaidm,tiar and cuuuncrrial. Lisla11s1ions and service. Liccuscd arsd insurrxi. (719) 486-)122 nOAlli L'NfiRGY IMPROV1iM1{BN'!'S - frce i[ you qualify. Low income wcaAlcrivauun. 1-BOU-332-3669. I-AWNMOWINO AVAlLA1SLTi by rr sprntsiblr. teen. ons o+vn sewer and trnnspmtation. Rtes+snablc rates. A'lfi- 1442. ItIiMODRLING ANb NIiW CUNS'I'RUC'1-ION. ]lawn-Wolin Cunslrudirxt is biddirsg work for tall and winter. ratablished in Vail since 1976. Refclcnees, please Cali kticls Brawn 949- 4186. >~~e~~ VAII. ASSOCFATBS LI['PSTIMB 1'A$SIiS bought and sold. For the pp~ rsmr wild has evcryAtingl CaU Merv Eapbs47G-5483. loaf; and sound DOGS IMPOUNUIill at the l?aglo Countyy Alsimel Shelter hr Mintum from )uly E2-19 include a Labrador cross, malt, black earl white, 8 months pld, picked up in Gypsum July I3; a dusky roar, male, Ian, wrnring a reel hnndann Rod cailRr, picked up in Avon luly l-!i a SameycJ, male, while IU yeerr old, picked up in (iypaumluly lR; ^'1'trriur cross, male, grey, wearing a choke chain, l year old, picked up at liaglc River '1'raAyr Park July 19. If one bf these is your dog, please call the liaglc (:aunty Animal Slreher at 949-4292. LC)S'C-Ptrrplc nmclhysl and seed pearl brecclcl on Wesl VniE hike path. Scrrl irrrenlal value. Call Susan Rapson 476.3237. `11~1J°~CvJo~ call today far ail your claasiiled advertis3z}g Jaeeasi Tree Ya8 TYaU -~Csfu 2!, ]989 J { ~~t3ECAL15E #Ht= PEOPLt= MU~t1fNC I7nm pexge 49 the Town cast doubt on Iha rellabllhy or gustily of calaslrvphlc tailors, no subseribar'a complaint cable 9ervfed. the Town shall have Iha AgM and shell em.ln withqul Invasllgntlgn by the authadty rv regatta the Franchlres tq last, Frnnchlsee for mare than n hvantyTOUr 1241 hour analyze end capon an the padormance of the padod. The Frnnchlsoe wilt provlda the Town system. The Franchisee chap (uhy cooparaie whh n name, address and telephone number d Wllh the Town in pedvrming such teallnp and the person who wpl act as Iha Franchbae's shall prepare results In a repvn, II raquesred, agent to receive carry,lelms regarding qunldy of within thirty (3t) days attar notice. Such report ervica, aqulpmgnl mallund{ons and similar shall Include Iha lalbwing Inlarmalfvn; mallars. Tha beef ollice shah t>a open to recaFva IJ The natme vl the complaint or pwblern Inqulrles yr can><,lainla Irom subacrlbnra during whlui, preclylat^d the testa, normal hunlnwsn hnure, and In nn nvnnt Inns 714YIrnr ayrtnm ca,ywneN won lnnlnJ. court haw n.rn. In e.nn n.rn. Manaay wr^nmh al Thn egnhnnenr Woad env prncwavrne r rldny nxrliMlnp Ingnl Imndnyn. hll nrnnlnyene •rtyrbyed In Inennq. nr Ina Pmurhlnnn wlwnn mryduynarnl relnina In 41 the Innlhrsl, II any, to whv,lr Ih• canplnlnl the overnrluu ar nrnlnlnnnnrn of con ayslnrn oboe ar prMrhm ens rnsolvnn he required to curry nn IdenIllVCarfon curd and e] Any other In}arnmu^n penlnent to sold presenF same la any aubscpbw upon request teats and analysts 'which cony he required, when anledng the premises of such subacrihor Where there ere recening service problems, the for the purpose of pwvkilnp service m otlwrwlse, Town may require that tests be eunervlsed by a The Franchlaaa ehnll provide the menus to quaiiiled Independent prolnsslonat engineer not ~' accept aoatr,lalnt Calla twenty tour (2A} hours a on [he permanenS slnfS of Iha Franchisee. The day, seven {7] days n week Acemala records engineer shall alga nil lacartls a} special, tests' shall be kept by [he Frnnchlsae aumma4zlnp Iha end fon•,nrd to Iha Town such retards whh a nature, exlenh time antl dots by which Iha rvnon Imarpretlng Iho rasuhs cl rho lasts and canplalnt was resolved yr saughl lobe rasvlved. (^commendlnq scions m ba Wkon. Tho rows of The Fmnchreae ahNf prampdy tarnish each `said englnears services shell be the sole preannl or tutors subscriber wish n letter vl ablignhon vt Iha Ranchlsae. Inalwctbn nsnlRlnfng the 3mpodance antl [he o, to the augur Thal lolnl aewicn to any nlnnnnr of mpgrllnq c^mplnlnta and rules and avhstrlbwr le Intevuyad for Iwn^ry~lour ten! or rggulmlona governlnq the oblignllvns pl the more cannec utlve hall!!, wztenr In Franchlaee 1^ rnspand In eubscrlbar carnplaime. tlrcumelencea rot whbh advance wnavnr ro the CRlle or lenwn InvoNing con+plalnts about billing Entenupdan la obinlned Irani the Tpwn, me and pragrnmming will bo handled Immedlarwly irenchlaee rhalf provide n ne.lhbualh Irraa] whennvar Iwasible, A wrhren cgrrylalnt will wls Pro rata roham of the monthly leas fa nrlectad bo rotnlned for Iwo' 12] years, Incruding a subacdbera upon the sukscrfber's rnvuwet for summary ropty. Tho cvlrplaim Iliad shah by each Iwonty~rour 1241 hour perlvd, yr portion avallabla for periodic Inspoclfon by we Town. Nerepl, that service is fnterrunlad. b. Shovitl a aubacrlbor hove en umeavlved For purposes of comnuung the Sfine al cottplainl regarding the gustily of lha snots Inienupta0 Ittnl service, ouch Ilme shaft begin 1e}avlsian service, equlpmanl malfunttfons. or when a cvmplnlnl for fnlevupced service Ia other panlnenl mallars, She subaalber shall be racelved by the Franchises ar when the entitled to meal ldntiy whh the Tuwn Manager or FranChhes has enuet Or torvaVUdlve notke of his nulhor{zed reproaenlanvs antl the Iha lnlerrupllan. Frnnchlsea System Mnnngar 1o fully discuss In ~. SERVICE TO SVBSCUIBF.flS nn alterrpl to resolve such rnariera, prwlded, A Franchisee shall provide all Iho fohawing that prbr to such nmeting, the subscdGar shah services to subscribers; clearly state In writing the rpecillc nature, ~n. A basic subscriber lelevlalon amvlce list !r^queacy and extant ol,ha alleged prabtem and which nalslq, m minimum, of any legally the dales on wMch the problem hoe occurred, raquhed must carry signals an Inlmrrurlon and Thte wrlRen corrT+talnt shall be Nled whh the weather channel end at least one {t] publEc Town Manager, who shall lorwartl a copy of edueatlonal arid govmnmental aceees channel such complnlnl to the Frenchlsee System b. The Franchlaee shall provlda lease4 lAanopwr. Franchlaee shelf then have Ilve [51 access channels Eo the extent rgQU[red by days attar raceNing the wnplnlnt wilh3n which la Federal law. assess the problem and ills o wrillen response c. A Franchisee shall provide equlpmon[ with the Town Manager staring apecafcally what directly or through grants Im local program has bean done In yvnect the problem. a the produvylon by ell cable assn far eve end vldea aubecdber semalna unsetlelled alter lolinwlnq tape preaenlnllon over the cabin letevlelon this procedure he may Ihen request that such a system. The Franchisee shalt hevn no camral maanng whh the Tawn Manager ar hla war IM canrem d access program, Any pyplla sulharltad represenlanvs and Franchlaee access channel shall be nwde avahable la any System Manager be head. When there hevn r,rerrberdrhe pubac an •Iksl coma, Anree,ved, been slndlar torsplnlma muds or where there nondlaalminntarY bnels. ' eshts ether evidence which fn Iss Judgmem of SS 2g. !E(( S (E C[E `A C// A`` Drr ' \\ \\ \\ \\ \\ \\ \\ ~f~711!!1J STEAMMASTER Carpet Clearting and F7aslasaliat ttc. I]rapery, Upholstery, Oriental Rug & Auto InterinT Cleaning, Carpet Repair, Flood & Fife Restoration, - Odor Removal. 24 Hour Service A76-i6Q0 FIRSTBANK OF VAIL is seeking qualified applicants for the position of LOAN SECRETARY Benefits: Salary commensurate with experience/skills Annual salary review Employee stock ownership plan 131ue Cross/E3iue Shield partiCi- patlon Paid vacation Professional working environ- ment C~2uali/rCaiions: Full-lime applicants only Typing skills 50~- w.p.m. Professions[ altitude Secretarial experience helpful but not required Please contact: Kevin McDonald - FirstBank of Vail, 47b-5b8b AN EgUAi OPPOfsTUMIIY EMPLOYER • ~. ~. 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