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HomeMy WebLinkAboutPACKET Light and Power 1993-07-22AGENDA Light and Power Committee July 22, 1993 10:00 a.m., Board Room 120 »»W-,UL 1. Cable Systems Inc. Proposed Cable Television Permit Agreement 2. Fall River Hydro Plant , Interim Feasibility Report 692-715 < 3. Pro.spect-Mounuin-------~____ ~-z~i & 0 *luwd- 6#JUL 4*91?psed Lease_Aggment • Power Line Extension . '4 4. Employee Recognition Doug Schlarbaum 5. 1990 One Ton Utility Truck Update 6. Reports A. Financial Report . B. Mainframe Computer Replacement Utility Billing C. Project Updates D. Platte River Power Authority NOTE: The Light and Power Committee reserves the right to consider other appropriate items not available at the time the agenda was prepared. xi :*ty air/7 TOWN OF ESTES PARK *44 16. -1 74%-- 4%,te'~f 44,4,~ ;1 - 41 d.'15-,·All'Y -4'W.-,6/, ..2.'f~ '*· t.TW -61*"0- <lift il - 1 -> ..4, .12.., 9 .3:49f ... 4 . \14,1~,>1~+ .... '-421 U.,40~ 1 2, 1. d ·.tj ~ ~ ~.: ..au -ft:1*:.¢..6....1-i<-1 efi.*M F·&212 ''04¢?.th, • ...2·.*, ..'~t.x'.0,. a. J :.25,4-EN·,U · L .11 4.-1 -·ft*oftir-i~ -_--··foi..» f.../..4.i.41,41 , 1.94 <. t. -1 -- .ni...- ' MEMORANDUM June 7, 1993 TO: Light & Power Committee Town Board of Trustees Gary Klaphake.-0-7 \/ 0 FROM: Rich Widmer .- Assistant Town Administrator SUBJECT: CABLE TELEVISION PERMIT AGREEMENT Staff has been meeting With representatives from Cable Systems, Inc., to negotiate a new permit agreement. A draft of that agreement is enclosed. This draft is scheduled to be reviewed in detail at the July 8th Light and Power Committee meeting. The most significant provisions of this permit and those that have changed from the original permit are discussed below: 1. Section 5. The term of the permit is fifteen years, with an option to extend the permit for an additional ten years if the parties mutually agree to appropriate terms. This is the same term as the original permit. 2. Section 6 (D). An audio emergency override capability is required to be provided when requested by the Town. If the FCC enacts regulations concerning emergency broadcast, the Grantee agrees to upgrade to the FCC requirements. The original permit required emergency override of the audio signal to be provided. This portion of the system has not been functional for some time. I , Town of Estes Park Estes Park, Colorado 80517 Cable Television Permit Agreement, June 7, 1993 -- Page 2 3. Section 7 (D). A new requirement has been added to ensure the Grantee keeps our system up-to-date. The triggering mechanism for system upgrades is whenever technological improvements are made to at least one-third of either the total cable television systems owned by the Grantee of comparable size to Estes Park, or to one-third of the cable television systems owned by the Grantee in Colorado of comparable size to Estes Park, they must be made to our system. 4. Since the new FCC rules contain many provisions defining customer service requirements and signal quality in much more detail than we could write, these are referenced in our permit agreement. 5. Section 12. This section describes the amount and type of community programming the Grantee is required to provide. In the event the Town is not happy with the programming after one year, the Grantee is required to give the Town a channel and the equipment to provide its own community programming. The Town could subcontract the programming at this point if necessary. Public access is not required to be provided by either the Grantee or the Town. 6. Section 17. The Grantee is required to maintain service to all areas presently served and to extend service to all areas not presently served or annexed in the future where there are at least 20 homes for every mile of new cable required. If there are fewer than 20 homes per mile, the Grantee is entitled to cost share extension costs with the subscribers served according to the formula specified. 7. Section 27. The Town has the authority under the agreement to review rates, fees, and charges as provided in the Cable Acts. 8. Section 30. A new section has been added to require the Grantee at its expense to hire an independent consultant every three years to study the system and its operation and verify compliance with the permit agreement. 9. Section 31. The Town's fee has been increased to 5% of gross revenues. 10. General. A. The old requirement for a $10,000 Letter of Credit has been eliminated, since the construction necessitating its use has been completed. B. All insurance requirements and liability provisions have been updated. 1, Town of Estes Park Estes Park, Colorado 80517 Cable Television Permit Agreement, June 7, 1993 -- Page 3 New permit agreements .can sometimes be very difficult to negotiate. I am happy to report this was not the case with this agreement. Staff has been very pleased with the cooperation of Mr. Dean Wandry and Mr. Craig Poulson of Cable Systems in bringing the permit agreement to this point. We believe the new agreement contains all necessary requirements to protect the Town's best interests while allowing the Grantee to operate the system in a profitable manner. Please contact me if you have any questions about the agreement or need further information. Attachment ORDINANCE NO. AN ORDINANCE DELETING CHAPTER 5.24 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK RELATING TO CATV SYSTEMS WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is necessary to delete Chapter 5.24 of the Municipal Code of the Town of Estes Park. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1. Chapter 5.24 of the Municipal Code of the Town of Estes Park is hereby deleted in its entirety. Section 2. The adoption of this Ordinance is hereby declared an emergency in order to immediately delete the provisions of this Chapter from the Municipal Code, and WHEREAS, it is the opinion of the Board of Trustees that an emergency exists and this Ordinance shall take effect and be enforced immediately after its passage, adeption and signature of the Mayor. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 1993. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 1993, and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the day of , 1993. Town Clerk r, JUN 4 1995 CABLE TELEVISION PERMIT AGREEMENT WHEREAS, the Town of Estes Park, Colorado, hereinafter called the " has previously granted a cable television permit to "Town, Cable Systems, Inc. (CSI) and has reviewed and approved the technical ability, financial condition, legal qualifications, general character and other factors of CSI; and WHEREAS, the Town and CSI wish to terminate the original Cable Television Permit Agreement dated 14 July, 1981 and replace it with an updated Permit to govern the provisions of Cable Television within the Town of Estes Park. THEREFORE, this Permit has been established and shall replace the original Permit under the following terms and conditions. Section 1. Title of Agreement. This Agreement shall be known and may be cited as the "Estes Park Cable Television Permit Agreement." Section 2. Definitions. For the purpose of this Agreement, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense and words in the plural number include the singular number, and words in the singular number include the plural number; 1. "Town" is the Town of Estes Park, Colorado, and shall include the Town Administrator or his duly authorized agent acting on behalf of the Town. 2. "Board" is the Board of Trustees of the Town of Estes Park, Colorado. 3. "Cable television system" or "CATV system" is a system of antennas, towers, satellite earth stations, microwave, co-axial cable, fiber optic cable, waveguides, other conductors, converters, equipment and facilities, designed and constructed for the purpose of producing, receiving, transmitting, amplifying and distributing, audio, video, and electrical signals to persons who subscribe to programs and services delivered by such signals. Said definition shall not include any such facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control or management, and which does not use Town rights-of-way. 4. "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. Bil//ClImle,41-8,4-2* A.n.al-1 Cable Television Permit Agreement Town of Estes Park Page 2 5. "Grantee" is Cable Systems, Inc. who is the person granted a non-exclusive revocable permit under this Agreement and the appropriate ordinances of the Town. Section 3. Grant of Non-Exclusive Revocable Authority. (A) There is hereby granted by the Town to the Grantee a Certificate of Convenience and Necessity (Permit) for the right and privilege to construct, erect, operate and maintain, in, upon, along, across, above, over and under the public streets, alleys, public rights-of-way and public places now laid out or dedicated and all extensions thereof, and additions thereto, in the Town, poles, wires, cables, underground conduits, manholes, and other television conductors and fixtures necessary for the maintenance and operation in the Town of a CATV system for the interception, sale and distribution of television and radio signals, data, voice and other signals. The rights and privileges herein granted to the Grantee shall be exercised in accordance with applicable laws and ordinances. (B) The right to use and occupy said public streets, alleys, public ways and places for the purposes herein set forth shall not be exclusive, and the Town reserves the right to a similar use of said streets, alleys, public rights-of-way and places to any person at any time. Section 4. Compliance with Applicable Laws and Ordinances. The Grantee shall at all times during the life of this Permit, be subject to all lawful exercise of the police power by the Town and to such reasonable regulation as the Town shall hereafter provide and shall comply with all ordinances of the Town both currently existing and hereinafter passed. In accepting this Permit, the Grantee acknowledges that its rights hereunder are subject to the police power of the Town to adopt and enforce general ordinances necessary to the safety and welfare of the public. Section 5. Duration and Acceptance of this Permit. (A) This Permit and the right, privileges and authority hereby granted shall take effect and be in full force from and after final passage of a resolution by the Town Board accepting this Agreement, and shall continue in force and effect for fifteen (15) years or until revoked or terminated, providing that within thirty (30) days after the date of the passage of said resolution, the Grantee shall execute this Agreement and file the same with the Town Administrator of the Town. Should the Grantee fail to comply with the terms set forth in the preceding sentence relative to the I execution and filing of this Agreement, it shall acquire no rights, ' privileges or authority under this Permit whatsoever and any of the agreements contained herein shall be null and void. et\wo51\mIRe\nermit.aaree\¤2 cable Television Permit Agreement Town of Estes Park ' Page 3 (B) At the expiration of the term for which this Permit is granted, or upon its termination as provided herein, Grantee shall, within six (6) months; remove at its own expense all portions of the CATV system from all streets and public property within the Town. If Grantee fails to do so, Town may perform this work at the expense of Grantee. At the option of the Town, a surety bond shall be furnished by Grantee in an amount reasonably determined by the Town to be sufficient to cover this expense. Said bond shall be in the form approved by the Town Attorney. Said bond shall be filed within fifteen (15) days of notice to Grantee. (C) Grantee shall have the option of extending this Permit for the additional period of ten (10) years upon the following terms and conditions: 1. Grantee has performed all of its obligations under the terms of this Permit. 2. Grantee receives the written approval of the Town for this optional period. 3. The parties mutually agree as to the appropriate terms and conditions of this extension. 4. The Town is notified in writing one hundred twenty (120) days prior to the exercise of this option. Section 6. Construction and Technical Standards. (A) COMPLIANCE WITH CONSTRUCTION AND TECHNICAL STANDARDS. The Grantee shall construct, install, operate, and maintain its system in a manner consistent with all laws and ordinances of the Town. In addition, Grantee shall provide the Town with all test results conducted pursuant to FCC requirements which show the system not to be in compliance with FCC stAndards, and, upon request, shall provide the Town results of the annual Proof of Performance Tests conducted on the system. (B) ADDITIONAL SPECIFICATIONS: Construction, installation and maintenance of the cable television system shall be performed in an orderly and workmanlike manner. Cables and wires may be installed on poles where existing power lines are installed on poles. They must be installed under,ground, however, parallel with electric and/or telephone lines where these facilities now, or in the future, are placed underground. Multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering considerations. c:\wp51\misc\permit.agree\93 Cable Television Permit Agreement Town of Estes Park Page 4 Grantee shall at all times comply with: 1. National Electric Safety Code 2. National Electrical Code 3. All applicable FCC or other federal, state and local regulations, including Cumulative Leakage Index (CLI), Equal Employment Opportunity, and the 1984 and 1992 Federal Cable Acts. In any event, the system shall not endanger or interfere with the safety of persons or property in the Permit area or other areas where the Grantee may have equipment located. Any antenna structure used in the cable television system shall comply with construction, marking and lighting of antenna' structure, required by the Federal Aviation Administration and the ordinances of the Town. The proposed location and construction of any antenna structure within the Town limits must comply with all Town zoning codes and requirements. All working facilities and conditions used during construction, installation and maintenance of the CATV system shall comply with the standards of the Occupational Safety and Health Administration. (C) RESTORATION OF PUBLIC AND PRIVATE PROPERTY TO PRIOR CONDITION. In case of any disturbance of public and private property, the Grantee shall, at its own cost and expense, replace and restore all private or public property to as good a condition as existed before work on said property was initiated. Should Grantee not restore any damaged property within thirty (30) days after receiving notice of said damage, the Town, at its option, may restore the property at the expense of the Grantee. (D) EMERGENCY AUDIO OVERRIDE. The Grantee shall, upon request by the Town, incorporate into its cable communication system, the capability which will permit the Town in times of emergency to override the audio portion of all channels simultaneously. The Grantee shall aid the Town in the use and operation of the emergency alert override system and shall make its facilities available upon the request of the Town. In the event the Town desires to activate this system by means of a telephone link it may do so at its own expense. Also, in the event the FCC enacts regulations related to this area, the system will be upgraded as required by the FCC and maintained in compliance with the FCC requirements. c:\W051\misc\Dermit.aaree\04 Cable Television Permit Agreement Town of Estes Park Page 5 Section 7. Signal Quality Requirements. The Grantee shall: (A) Produce a picture, whether in black or white or in color, that is undistorted, and accompanied with proper sound on typical standard production TV sets in good repair, and is in compliance with the standards established by the FCC for carrier to noise and composite triple beat tests. (B) Transmit signals of adequate strength to produce good pictures with good sound at all outlets without causing cross- modulation in the cables or interfering with other electrical or electronic systems, and such that it is in compliance with FCC standards for signal leakage and power requirements. (C) Limit failures to a minimum by locating and correcting malfunctions promptly, but in no event longer than forty-eight (48) hours after notice of any malfunction to Grantee. (D) Present system overview. Grantee will maintain the existing cable communication system as a state-of-the-art system as outlined below. Parties understand and agree that at the time of this franchise that system consists of a residential network with a capacity of three hundred MHZ. There are currently thirty-one activated channels. The current system transmits all basic channels unscrambled so that they are available to cable-ready TV sets and video cassette recorders without the need for a converter. BTSC standard stereo shall be added to these channels as economics allow. Grantee shall have a continuing obligation to improve and expand the system consistent with changes and developments in the cable communications industry, the public interest, prudent business judgment and reasonable economic considerations. In the event that Grantee installs technological improvements in at least one third of the other cable television systems owned by Grantee in the State of Colorado with populations of similar size to Estes Park; or at least one third of the cable television systems owned by Grantee with populations of similar size to Estes Park; then Grantee shall make said improvements to the system. Such improvements include but are not limited to, Pay-Per-View, addressability, BTSC stereo, digital music programming and interactive services. Section 8. Operation and Maintenance of System. (A) The Grantee shall render efficient maintenance, make repairs promptly and interrupt service only for good cause and for the shortest time possible. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during periods of minimum use of the system. Cable Television Permit Agreement Town of Estes Park * Page 6 (B) The Grantee shall maintain an office in the Town, which shall be open during usual business hours, have a listed telephone, and be so operated that complaints and requests for repair or adjustments may be received at any time. (C) The Grantee shall not allow its cable or other operations to interfere with television reception of persons not served by the Grantee, nor shall the system interfere with, obstruct or hinder in any manner, the operation of the various utilities serving the residents within the Town. Section 9. FCC Rules and Regulations. ' All FCC regulations shall be complied with, including, but not limited to, the carriage, if required by FCC regulations, of the programming of any existing or future television broadcasting stations which covers the Town in its principal broadcasting area, signal quality and customer service standards. RF leakage shall be monitored and where repairs are required, repairs made in accordance with FCC standards. In the event the FCC ceases to regulate the Cable Television system in any area presently regulated by the FCC (i.e., customer service, technical standards, etc.) the Town and Grantee hereby agree to negotiate new standards to be followed by the Grantee in that area. Section 10. Program alterations. All programs of commercial broadcasting stations carried by the Grantee shall be carried in their entirety as received to the extent required by FCC regulations, with announcement and advertisements and without additions except ad insertions agreed upon between the station and Grantee. EXCEPTION: Tlie foregoing restriction on programming alterations shall not be applicable in any national or local emergency. Section 11. Service to Schools and Town. The Grantee shall provide basic service to public and parochial school locations within the Town for educational purposes upon request by the Town and at no cost to it or to the school system. Said service shall include only one free drop per building. Any additional drops, outlets and/or service shall be provided at Grantee's cost. The Grantee shall also provide a basic service outlet to the Estes Park Municipal Building and all other buildings owned by the Town at Grantee's expense. Section 12. Community Programming. The Grantee will provide acceptable amounts of locally originated community programming as follows: c:\wp51\misc\Dermlt.agree\,6 1 Cable Television Permit Agreement Town of Estes Park ! Page 7 (A) The community programming shall be a mix of local news coverage, community events, Town Board meetings, other elected or appointed board coverage as appropriate, high school sports, cultural and recreational events, community bulletin board, public service announcements, public informational programs, and other local origination programs. (B) The community programming shall take place between 5:00 and 10:00 p.m., with repeats of the programs at other times during the remainder of the week. A minimum of ten hours of original community programming shall be broadcast each month, except during June,' July and August when a minimum o f f ive hours per month o f original community programming will be required. (C) The community programming shall take place on a leased access channel or another channel as deemed appropriate by the Grantee. (D) Both parties agree to review the operation of the community programming at the end of each year of operation under this Permit. In the event the programming is judged by the Town to be unsatisfactory either in amount or content, the Town may require the Grantee to provide a channel to the Town at no cost for its exclusive use to provide governmental and community programming. In this event, Grantee agrees to furnish to the Town, at no expense to the Town, all equipment necessary to provide capability ; equivalent to the then existing community programming. The Town may contract with a third party to provide this community ~ programming. (E) The community programming, whether provided by a leased access channel, the Grantee or the Town, may be supported by the sale of advertising, grants, or sponsorships. Provided, however, that the Town, including any party that is contracting with the Town, may only recover its costs in providing the community programming. (F) If neither a leased access channel, Grantee, nor the Town is willing to provide community programming, there shall be no requirement in this Permit for community programming. Section 13. Other Business Activities. This Permit authorizes only the operation of a cable communications system as provided for herein, and does not take the place of any other certificate, license, or permit which might be required by law of the Grantee, including the Town's Business License fee. c:\wg51\misc\permit.agree\p7 Cable Television Permit Agreement Town of Estes Park Page 8 Section 14. Areawide Interconnection of CATV Svstems. COOPERATION REQUIRED. The Grantee shall cooperate with an interconnection corporation, regional interconnection authority or town, county, state and federal regulatory agency which may be hereafter established for the purpose of regulating, financing, or otherwise providing for the interconnection of cable systems beyond the boundaries of the Town. Section 15. Safety Requirements. (A) The Grantee shall at all times employ proper care and shall install and maintain in use all necessary devices for reasonably preventing failures and accidents which are likely to , cause damage, injuries or nuisances to the public. (B) The Grantee shall install and maintain its wires, dables, fixtures and other equipment in such manner that they will not interfere with any installations of the Town or of a public utility , serving the Town. All such installation shall be subject to the ~~~~ approval of the Light and Power Department of the Town. „ A j (C)-~ All structures and all lines, equipment and connections U'« din, over, and under the streets, sidewalks, alleys and public ways a 11)~j or places of the Town, wherever situated or located, shall at all times be kept and maintained in a safe, suitable, substantial condition and in good order and repair. (D) The Grantee shall locate sufficient employees, equipment i and replacement inventory within the Town in order to provide safe, adequate and prompt service for facilities. (E) The Grantee shall follow the procedures and methods as outlined in its company safety manual. Section 16. Conditions and Public Street Occupancy. (A) All transmissions and distribution structures, lines and equipment erected by the Grantee within the Town shall be so located as to cause minimum interference with the proper use of public streets, alleys, easements and other public rights-of-way and places, and to cause minimum interference with the rights and reasonable convenience 9f property owners who join any of said streets, alleys or other public ways and places. Cable Television Permit Agreement TQwn of Estes Park Page 9 (B) In case of disturbance of any public street, sidewalk, I alley, public way or paved area, the Grantee shall, at its own cost and expense and in a manner approved by the Town, replace and restore such public street, sidewalk, alley, public way, or paved area. All such work must be done within ten (10) days following notice, in compliance with requirements of the Town and approved by the Town Engineer. For reasonable cause, the ten (10) day period shall be extended following approval for said delay by the Town Engineer. (C) If at any time during the period of this Agreement the Town shall lawfully elect to alter or change the grade of any public street, sidewalk, alley or public way, the Grantee, upon notice by the Town, shall remove and relocate its poles, wires and cables and underground conduits, manholes and other fixtures at its own expense, upon reasonable notice from the Town. (D) Any poles or other fixtures placed in any public way by the Grantee shall be placed in such manner as not to interfere with the usual travel of such public way, subject to prior written approval by the Town Engineer. (E) The Grantee shall have the authority to trim trees upon and overhanging the public streets, alleys, sidewalks, and public ) rights-of-way, places and easements of the Town so as to prevent . .,OV b the branches o f such trees from coming in contact with the wires ~0 v ~v and cables o f the Grantee. Such trimming must be done under the i 4*I / £ supervision of the Town Engineer. I.%/0 A other facilities of public utilities are placed underground, the (F) In all sections of the Town where all cables, wires or Grantee shall place its cables, wires or other like facilities underground. In the event that all cables, wires or other facilities of public utilities are eventually placed underground, the Grantee shall place all its cables, wires and like facilities underground. All such facilities shall be installed in such a manner as to create minimum interference with existing structures and improvements, including landscaping. All equipment of Grantee shall be placed so as to not interfere with existing public or private utilities. (G) The Grantee shall, on the request of any person holding a building moving permit issued by the Town, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same in advance, and the Grantee shall be given not less than fifteen (15) days advance notice to arrange for such temporary wire changes. r. \ wr,51 \mic,·\r,prmit -Aaree\09 Cable Television Permit Agreement Town of Estes Park · Page 10 Section 17. Permit Territory and Line Extension Policy. (A) This Permit is for the present territorial limits of the Town of Estes Park, Colorado, and for any area henceforth added or annexed thereto during the term of this Agreement. (B) The Grantee shall continue to serve all residents currently served by cable and extend its system into all areas annexed into the city or currently not served by the system after the date of this agreement in the event that there are at least twenty (20) homes passed for every mile of new cable required. Also, in new subdivisions developed within the Town, the Grantee shall "j oint trench" its cable along with power and telephone so long as notification of the planned work is made to Grantee, by the Town, in sufficient time to allow for the procurement of plant design, cable and other materials, and so long as the cost is no greater than the cable operator would pay to have the work done independently or whatever the power or telephone company pays for this "joint trench" work, whichever is lesser. (C) In the event.that the residents of an annexed or newly developed area desire cable television service, but there are insufficient homes per mile to qualify for construction based on 20 homes per cable mile, the following formula shall be used to determine a cost sharing arrangement between the Grantee and the residents: (Total cost of the required work divided by the number of new homes passed) less ($500 company share) = amount to be paid by each new homeowner passed by cable. Section 18. Fiscal Reports. The Grantee shall file annually with the Town Administrator, no later than one hundred twenty (120) days after the closing of Grantee's fiscal year, a copy of an audited financial report including an income statement applicable to its total operations during the preceding twelve (12) month period, and a balance sheet. These reports shall be submitted along with such other reasonable information, including a statement of all revenues derived from within the Town of Estes Park and other reports, as the Town may reasonably request, with respect to the Grantee's properties, revenues and expenses related to its CATV system operations within the Town. Section 19. Removal of Facilities upon Request. Upon termination of service to any subscriber, the Grantee shall promptly remove all its facilities and equipment from the premises of such subscriber upon his request. Said removal shall be done in such a manner as to prevent damage to any property. c:\wp51\misc\permit.agree\p10 Cable Television Permit Agreement , Town of Estes Park Page 11 Section 20. Transfer. The Grantee shall not transfer this Permit to another person without prior approval of the Town. The Grantee shall promptly notify the Town of any actual or proposed change in, or transfer of, or acquisition by any other party of, control of the Grantee. The word control as used herein is not limited to major stockholders but includes actual working control in whatever manner exercised. Every change, transfer, or acquisition of control of the Grantee shall make the franchise subject to cancellation by the Town unless and until the Town shall have consented thereto, however, such consent shall not be unreasonably withheld. For the purpose of determining whether it shall consent to such change, transfer, or acquisition of control, the Town may inquire into the qualifications of the prospective controlling party, and the Grantee shall assist the Town in any such inquiry. Section 21. Filing and Communications with Requlatorv Agencies. Copies of all petitions, applications and communications submitted by the Grantee to the Federal Communications Commission, Securities and Exchange Commission, or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting CATV operations authorized pursuant to this Permit, shall, upon request, be provided to the Town. At a minimum, without request, Grantee shall automatically provide to Town any such filing which shows the system or company not to be in compliance with standards or requirements of the FCC. Section 22. Town Rights. (A) The Town, or its designated representative, shall have the right to inspect books, records, maps, plans, and other like materials of the Grantee at any time, upon reasonable notice, during normal business hours, subject to applicable laws regarding privacy of subscriber information. (B) The Town shall have the right during the life of this Permit, to install and maintain free of charge upon the poles of the Grahtee any wire and pole fixtures necessary for a police alarm system, on the condition that such wire and pole fixtures do not interfere with the operations of the Grantee. c:\wp51\misc\permit.agree\pll Cable Television Permit Agreement Town of Estes Park j Page 12 (C) The Town shall have the right to supervise all construction or installation work performed subject to the provisions of this Permit and make such inspections as it shall find necessary to insure compliance with the terms of this Agreement. Section 23. Maps. Plats and Reports. The Grantee shall file with the ToUn Engineer true and accurate maps or plats of all presently existing underground utilities and proposed cable installations prior to construction. Said maps to be prepared from the present maps and plats available to the Town, Public Service Company and US West. Said maps shall be used to coordinate installation of the systems with other utilities and facilities within the Town. Grantee shall furnish two updated copies of "as Built" maps to the Town Engineer within sixty (60) days of completion of each phase of new construction. Section 24. Further Agreement and Waiver by Grantee. The Grantee shall abide by all provisions of this Permit and shall not at any future time set up as against the Town the claim that the provisions of this Permit are unreasonable, arbitrary or void. Section 25. Installation, Removal and Common Use of Poles. (A) No poles or other wire-holding structures shall be installed by the Grantee without prior written approval of the Light & Power Director with regard to location, height, type and any other pertinent aspect. However, no location of any pole or wire-holding structure of the Grantee shall be a vested interest and such poles or structures shall be removed or modified by the Grantee at its own expense whenever the Light & Power Director determines that the public convenience would be enhanced thereby. (B) Where poles or other wire-holding structures already existing for use in serving the Town are available for use by the Grantee, but it does not make arrangements for such use, the Town may require the Grantee to use such poles and structures if it determines that the public convenience would be enhanced thereby and the terms of the use available to the Grantee are just and reasonable. c:\wp51\misc\permit.agree\p12 r Cable Television Permit Agreement I , Town of Estes Park ~ Page 13 (C) When the Town or a public utility serving the Town desires to make use of the poles or other wire-holding structures of the Grantee but agreement therefore with the Grantee cannot be reached, the Town may require the Grantee to permit such use for such consideration and upon such terms as the Town shall determine to be just and reasonable, if the Town determines that the use would enhance the public convenience and would not unduly interfere with the Grantee's operations. Section 26. Required Services. The Grantee's cable distribution system shall be capable of carrying at least 300 MHZ (Channels 2-36) downstream and shall, with the addition of the necessary upstream amplifiers, filters, modulators and other equipment be capable of up to four upstream channels. The current channel lineup is shown in Exhibit A attached. Any revisions of this lineup will not substantially change the balance of any particular programming segment. Section 27. Rate Review. The Town shall have the authority to review rates, fees and charges as provided by the 1984 and 1992 Cable Communications Acts, as amended, or any other Federal or State law which governs rate control by the Town. The initial rate structure is shown in Exhibit A attached. Section 28. Forfeiture of Permit. (A) In addition to all other rights and powers pertaining to the Town by virtue of this Permit or otherwise, the Town reserves the right to terminate and cancel this Permit and all rights and privileges of the Grantee hereunder in the event of a breach of its conditions, which includes, but shall not be limited to the following: 1. Violates any valid provision of this Permit or any valid rule, order, or determination o f the Town made pursuant to this Permit; 2. Becomes insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt; 3. Attempts to dispose of any of the facilities or property of its CATV business in violation of the terms of this Permit; c:\wp51\misc\permit.agree\p13 Cable Television Permit Agreement ~ Town of Estes Park Page 14 4. Attempts to willfully subvert any of the provisions of this Permit or practices any fraud or deceit upon the Town; 5. A material misrepresentation of fact in the negotiation of this Permit by Grantee; or 6. The Town shall have the right to revoke this Permit ninety (90) days after the appointment of a receiver, or trustee, to take over and conduct the business of the Grantee, whether in receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said period, or unless: (a) Within ninety 90) days after his election or appointinent, such receiver or trustee shall have fully complied with all the provisions of this , Permit and remedied all defaults thereunder; and (b) Such receiver or trustee, within said ninety (90) days, shall have executed an agreement, duly approved by the court having jurisdiction in the premises, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this Permit. (B) The Town shall be required to give thirty (30) days notice in writing of the aforementioned violations. Grantee shall then have a sixty (60) day period to correct said specified violations prior to the commencement of termination proceedings for this Permit, by the Town. During the process of considering termination, Grantee shall be given a full and complete public hearing to present its position. In the event corrections are made by Grantee during the sixty day cure period, no termination proceedings may be commenced. Section 29. Severabilitv. If any section, subsection, sentence, clause, phrase, or portion of this Permit is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. c:\wp51\misc\permit.agree\p14 Cable Television Permit Agreement Town of Estes Park Page 15 Section 30. Compliance Review. During the 4th, 7th, loth, and 13th, years of this agreement, the Grantee shall hire a qualified consultant to make an independent review of the system to confirm that the company and system are in substantial compliance with the terms and conditions of this agreement. The consultant will also review the cable system and confirm that it is in substantial compliance with all FCC standards (technical, customer service, etc.) which apply to it. Prior to commencement of the Review, the consultant shall contact the Town and confirm any specific areas of interest by the Town, which should be reviewed. Upon completion of the report, the consultant shall submit a report to the Town confirming the status of the company and system and setting forth any areas of non-compliance. Section 31. Payment of Fee to the Town. For consideration granted by the Town to the Grantee, the Grantee shall pay to the Town an amount equal to five percent (5%) of the gross revenues derived by Grantee from within the confines of the Town. For purposes of this section, gross revenues shall mean all revenue derived directly or indirectly by the Grantee, its affiliates, subsidiaries, parent, and any person in which the Grantee has a financial interest, from or in connection with the operation of a cable television system pursuant to this Permit, within the Town of Estes Park, provided however, all revenues shall include, but not be limited to, basic subscriber monthly fees, leased channel fees, converter rentals, and advertising revenues, and that this shall not include any taxes on services furnished by the Grantee herein imposed directly upon any subscriber or used by the state, town or other governmental unit and collected by the Grantee on behalf of said governmental unit. Except as otherwise provided herein, this fee and any other costs or penalties assessed shall be payable quarterly and the Grantee shall file a complete and accurate verified statement of all gross receipts within the Town during the period for which said quarterly payment is made. The quarterly payment shall be paid within ninety (90) days after each quarterly accounting date. c:\wp51\misc\permit.agree\p15 i Cable Television Permit Agreement , , Town of Estes Park Page 16 1 The Town shall have the right to inspect the Grantee's income records and shall have the right to audit and recompute any amounts determined to be payable under this Agreement; provided, however, that such audit shall take place within thirty-six months following the close of each of the Grantee's fiscal years. In the event that any payment or recomputed amount, cost or penalty is not made on or before thirty (30) days following notice given by the Town as a result of the audit, interest shall be charged at the annual rate of 18%. Section 32. Foreclosure. Upon foreclosure or other judicial sale of all or a substantial part of the CATV system, or upon the termination of any lease covering all or a substantial part of the CATV system, the Grantee shall notify the Town of such fact, and such notification shall be treated as a notification that a change in control of the Grantee has taken place, and the provisions of this Permit governing the consent of the Town Board to such change in control of the Grantee shall apply. Section 33. Notices. All notices to either party provided for in this Agreement shall be sent by certified mail, return receipt requested, addressed as follows, and shall be effective the day of mailing. (A) Town Administrator Town of Estes Park Post Office Box 1200 Estes Park, CO 80517 (B) Cable Systems, Inc. 1873 S. Bellaire Street, #1550 Denver, CO 80222 Section 34. Indemnification. The Grantee shall, at its sole cost and expense, fully indemnify, defend and hold harmless the Town, its officials, agents, volunteers, boards, and employees against any and all claims, suits, actions, liabilities and judgments for damages or penalties, including, but not limited to, expenses for reasonable legal fees: 1. To person or property, in any way arising out of or through the acts or omissions of Grantee, its servants, agents or employees, or to which the Grantee's negligence in any way contributed. c:\wp51\misc\permit.agree\p16 Cable Television Permit Agreement , Town of Estes Park Page 17 2. Arising out of any claim for invasion of the right of privacy, defamation of any person, firm or corporation, or the violation or infringement of any copyright, trademark, or patent, or of any other right of any person, firm or corporation, as a result of the activities of the Grantee under this Permit. 3. Otherwise arising as a result of the granting of this franchise. The foregoing indemnity is conditioned upon the Town giving the Grantee notice within thirty (30) days of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this section. Section 35. Liability and Insurance. The Grantee shall maintain, and by its acceptance of this Permit specifically agrees that it will maintain throughout the term of this Agreement, liability insurance of a type and containing the terms and conditions approved by the Town, insuring the Town, and naming the Town as an additional insured, and insuring the Grantee with regard to the following damages: (A) $500,000.00 for bodily injury or death to any one person, within the limit, however, of $1,000,000.00 bodily injury or death resulting from any one accident; (B) $500,000.00 for property damage resulting from any one accident; (C) $600,000.00 from all other types of liability. The limits of said insurance may be reasonably increased from time to time upon the request of the Town in order to reflect changes in coverage 'reasonably made necessary by inflation, statutory changes, and other factors. (D) COLORADO GOVERNMENT IMMUNITY. The parties hereto agree and affirm that nothing in this Agreement shall be deemed a waiver of the defenses and limitations of the Colorado Governmental Immunity Act, Section 24-10-101, C.R.S., et seq., por deemed to confer any benefits to any person not a party to this Permit. (E) Grantee also shall carry Workers' Compensation Insurance as required by the State of Colorado. c:\wp51\misc\permit.agree\p17 Cable Television Permit Agreement . Town of Estes Park Page 18 Section 36. Right of First Refusal. (A) Grantee hereby grants to the Town the right of first refusal of any purchase offer of the CATV system. If the Grantee elects to sell the system and obtains an offer for purchase, it shall forward to the Town the terms and conditions of said offer. The Town shall have sixty (60) days from the receipt of said offer to elect to purchase the system under the same terms and conditions. In the event the Town elects to purchase the system, it shall notify Grantee in writing within the sixty (60) day period of said election. Upon said notification, the Town shall immediately proceed to purchase the system upon the terms and conditions specified in the offer. In the event the Town does not notify the Grantee within said sixty (60) day period or notify Grantee that it does not elect to purchase the system, the Grantee shall be free to sell the system under the terms and conditions specified in the offer. (B) Anything in this section or elsewhere in the Permit notwithstanding, Grantee shall continue to operate the CATV system pursuant to the terms hereof until control of such system is assumed by the Town or another permittee or until said system is removed pursuant to the Town's direction, whichever may be applicable. Dated this day of , 1993. TOWN OF ESTES PARK, COLORADO By Mayor Town Clerk c:\wp51\misc\permit.agree\p18 f i Cable Television Permit Agreement , Town of Estes Park Page 19 ACCEPTANCE ~ Grantee accepts and hereby agrees to be bound by all terms and conditions of this Permit. CABLE SYSTEMS, INC. By ATTEST: Filed with the Town of Estes Park, Colorado on , 1993. Acknowledged: TOWN OF ESTES PARK By c:\wp51\misc\permit.agree\p19 r Cable Television Permit Agreement To¥n of Estes Park JUN 9 1993 Page 20 EXHIBIT A ESTES PARK, COLORADO Effective 1/1/93 Service: Rate: Basic $20.95 HBO $10.00 Cinemax $10.00 Disney $ 9.95 Extra Outlet $ 3.00 Remote $ 3.50 FM $ 2.50 Basic Install $35.00 Pay Install $15.00 Channel Line Up: 2 KWGN - Denver * 3 HBO 4 KCNC NBC - Denver 5 Fox SATT 6 KRMA PBS 7 KMGH CBS - KMGH 8 Leased Channel 9 KUSA ABC - Denver 10 ESPN 11 The Weather Channel 12 The Family Channel 13 CNN Headline 14 Disney 15 Cinemax 16 The Discovery Channel 17 WTBS - Atlanta ' 18 WGN - Chicago , 19 Nickelodeon 20 VH-1 21 VISN 22 CNN 23 CNBC 24 MTV 25 USA 26 TNN - The Nashville Network 27 HSN - Home Shopping Network 28 A&E- Arts & Entertainment 29 TNT 30 PSN 31 C-Span 32 Comedy Network All FM stations available at the local headend will be carried on the system. This currently includes: 91.5 KUNC, 92.5 KDHT, 93.25 KTCL; 94.6 KHIH, 98.5 KYGO, 102.5 TRI 102, ' 103.5 KREX, 105.9 K106 and 107.5 Y108. * Premium channels (all other channels available on basic service). ORDINANCE NO. AN ORDINANCE DELETING CHAPTER 5.24 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK RELATING TO CATV SYSTEMS WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is necessary to delete Chapter 5.24 of the Municipal Code of the Town of Estes Park. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1. Chapter 5.24 of the Municipal Code of the Town of Estes Park is hereby deleted in its entirety. Section 2. The adoption of this Ordinance is hereby declared an emergency in order to immediately delete the provisions of this Chapter from the Municipal Code, and WHEREAS, it is the opinion of the Board of Trustees that an emergency exists and this Ordinance shall take effect and be enforced immediately after its passage, adoption and signature of the Mayor. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 1993. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 1993, and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the day of , 1993. Town Clerk f LEASE AGREEMENT Agreement made , between the Town of Estes Park, Colorado (Lessee), i Robert Heron and Nell Frances Heron (Lessor), and the National Park Service. WHEREAS, the Town of Estes Park, Colorado, is desirous of obtaining permission to install and maintain one or more radi'o transmitters and antennas on property currently owned by the Herons and leased by tile National Park Service; WHEREAS, the National Park Service is willing to allow the Town of Estes Park to utilize facilities and tower currently located on the property of the Herons; WHEREAS, Robert Heron and Nell Frances Heron, in exchange for payment of certain fees, agree to. the placement and maintenance of one or more radio transmitters in a building currently utilized by the National Park Service and placement and maintenance of one or more antennas on a tower currently on said property; and WHEREAS, the parties desire to reduce their agreement to writing; NOW, THEREFORE, in consideration of the foregoing premises and the covenants and agreements hereinafter set forth, the parties agree as follows: 1. he term of this Agreement shall be for ten one-year periods, beginning JanuaBL- 1, 1993, and ending the 31st day of December, 2002. The Town shall have the N~ I right to terminate this Lease Agreement by giving Lessor 60 days' notice in 9 writing prior to the end of any calendar year. In said event, this lease shall ) \\ terminate. C -----7---------- - ---The Town of Estes Park shall pay Herons on the first day of each year that this lease is in effect as follows: , 1993 $1,000.00 1994 1,050.00 1995 1,100.00 1996 1,150.00 r 1997 1,200.00 < 1998 1,250.00 1999 1,300.00 2000 1,350.00 I 2001 1,400.00 2002 1,450.00 1 The Lessor and Lessee acknowledge and agree that the lease payments shall constitute currently budgeted expenditures of the Lessee. The Lessee' s obligations under this Lease Agreement shall be subject to the Lessee's annual , right to terminate this agreement, and shall not constitute a mandatory charge or i requirement in any ensuing fiscal year beyond the then current construed or f interpreted as creating a general obligation or indebtedness of the Lessee within ; Lease Agreement Town/11¢ron/NPS 3- 1 · f the meaning of any constitutional or statutory limitation. This Lease shall not directly or indirectly obligate the Lessee to make any payments beyond those : : appropriated for the Lessee' s then current fiscal year. 1 1 111 3. All three Lessors agree to permit the Town of Estes Park, during the term of this ~ . Agreement, to place and maintain one or more transmitters within the building i ~ presently on the property and one or more antennas on the tower currently in place. 4. All construction, erection and maintenance of the Lessee's transmitters and antennas shall be at the sole expense of the Lessee. 5. The Lessee shall have a right-of-way over and across tlie existing access road on i ' the property owned by the Herons and the National Park Service which is contiguous to the transmitter building and tlie tower. The Lessee shall also have ingress and egress upon the access road which now exists across other property of the Herons. It is agreed that there shall be no maintenance on the road to the property during the winter months and that, therefore, at times the property may not be accessible. 6. All improvements, appliances, fixtures and all other property of whatsoever i nature, made to or placed upon said premises by Lessee, shall be and remain the property of Lessee and may be removed by Lessee in whole or in part, at any time before the termination of this Agreement or within a reasonable time i thereafter. Lessee shall be responsible for any damage occasioned by the removal or maintenance thereof and shall restore the property after such removal to its condition prior to the installation thereof (reasonable wear and tear excepted). 7. Lessee, in consideration of this Agreement concerning the property, further ~ ~ covenants and agrees as follows: a. To keep said premises in good repair and at the expiration of this agreement surrender and deliver up the same in as good order and colidition as when entered upon (loss by fire, inevitable accident, act of God, or ordinary wear excepted). This covenant shall not decrease the obligation of Lessee to restore the property pursuant to Paragraph 6 above. b. To not assign tliis Lease or any interest tlierein without the written consent of Lessor being first obtained. c. To not conduct nor permit to be conducted on the premises any business or permit any act which is ~ contrary to or in violation of the laws of the United ! States of America, the State of Colorado, or of the applicable ordinances of the County of Larimer or Lease A:reement Tawn/1 1.ron/NPS 1 -2 any other governmental entity having jurisdiction over the premises. d. To pay all taxes and license fees imposed by any I county, state, or federal governmental authority on 1 the facilities erected hereunder. 11 1 8. All the covenants and agreements in this document shall be binding upon and 3 '1 inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. . 9. The Herons and the National Park Service warrant and covenant to provide the Licensee with peaceful and quiet enjoyment of the emoluments of this Lease. Any transfer of title to tlie premises shall be subordinate and subject to the I Town's rights under this Agreement. 10. Lessee agrees to indemnify and save Lessors harmless from any and all claims, demands or suits regarding Lessee's operations or regarding damages as a result thereof. 11. Lessee agrees that as long as the Herons elect to maintain a gate with a lock I thereon across the access road, Lessee will keep the gate locked at all times. The Herons are obliged to provide Lessee with a key to said gate, and will ' subsequently provide new keys as necessary when the lock to said gate is ~ changed. The Lessee agrees that it shall limit the use of the key to Town 11 employees required for construction or maintenance of the radio equipment ' exclusively. , :i 12. I f either party is in default with respect to its covenants herein, either party shall have the right to terminate the Agreement or, without terminating the Agreement, : to seek damages or any other remedy available and shall be entitled to any and all costs and expenses in connection with enforcement of this Agreement or , collection of damages with respect hereto, including but not limited to court costs and attorneys' fees. 13. Any written notice or communication provided for, required, or permitted hereunder, shall be deemed to have been sufficiently delivered upon the mailing ~ of such notice, first class mail, postage prepaid, to the party entitled to the notice at the following addresses: TOWN OF ESTES PARK P.O. Box 1200 Estes Park, CO 80517 NATIONAL PARK SERVICE Rocky Mountain National Park Estes Park, CO 80517 Ikase Agreement 1 1 11 , Robert Heron Nell Frances Heron 2135 South Monroe 1 Denver, CO 80210 i 1 r 14. Upon execution of this agreement by all parties, the Town agrees to name Robert 1 and Nell Frances Heron as insured parties on its property and general liability insurance coverage related to the leased premisis. 15. The making, execution and delivery of this Agreement by Lessee has been b induced by no representations, statements, warranties, or agreements other than I those herein expressed. This Agreement embodies the entire understanding of the parties and there are no further or other agreements or understandings, written or oral, in effect between the parties, relating to the subject matter hereof. This : instrument may be amended or modified only by an instrument of equal formality signed by the respective parties, with notice. 16. This Agreement shall be irrevocable during its term and shall continue in force I unless or until terminated by any of the parties hereto only in accordance with I. and as allowed under the terms of this Agreement. Thereupon this Agreement 1 shall absolutely end. 1e il i' Robert Heron, Lessor i i Nell Frances Heron, Lessor i , t National Park Service, Lessor 1 Town of Estes Park, Lessee I,ade Agreement Tawn/11•ran/NPR 7- 4 , TOWN OF ESTES PARK June 29, 1993 OFFICE MEMORANDUM ' TO: Light and Power Department Personnel and Town Department Supervisors FROM: Richard E. Matzke-72€21 SUBJECT: Doug Schlarbaum Promotion to Groundman II Doug Schlarbaum has been promoted to Groundman II in the Light and z Power Department effective June 24, 1993. Doug has completed two it years of service with the Light and Power Department and four years with the Town. Please join me in congratulating Doug and wishing him continued success in the Department. REM . 1 1 F! 1 4-1 r1 .. . 11 TOWN OF ESTES PARK July 20, 1993 OFFICE MEMORANDUM TO: Light and Power Committee FROM: Richard E. Matzke-/220771.- SUBJECT: 1990 One Ton Utility Truck ~ Update ! We are continuing to have service problems with truck #20 as reported at the April 1993 Light and Power Committee meeting (see attached memorandum from Fleet Manager, Gary Shanafelt). Town Attorney White has advised us that the "Lemon Law" does not apply in this case. The problems we are experiencing seem to stem from the heavy off-road use which is required of this type of vehicle in our service area. Fleet Manager Shanafelt recommends replacement of the truck with a chassis having a solid front axle. The , estimated cost of a new chassis equipped with the existing utility 1 body is approximately $20,300. The retail value of our existing : chassis is close to the purchase price in 1990 of $14,100. The Light and Power Department recommends that we budget for replacement of this vehicle in 1994, including the cost to transfer : the utility body from the existing chassis, and sale of the % existing chassis. REM 5-1 · TO: RICH MATZI·~ E '~.· FROM: GARY SHANAFFLT SUBJ: DUTY TRUCP REPLACEMENT DATE: 7-JULY·-1993 WE ·PRESENTLY HAVE 933.ZOA, THE DUTY TRUCK IN THE SHOP FOR "ROUTINE MAI NT ENANCE" AND REPA InG. IT HAS BECOME ODVIOUS TO US' HER E IN FLEET 4 THAT THIS VEHICLE IS NOT MEETING OUR REQUIREMENTS OR E)(PECTATIONS AS ';·'i WELL AS THE LINEMAN'S. MOST OF 11·IE 1-1·115-1 -rn'UCK'S 9.1-10['T COMMINGS ORIGINATE 71 FROM THE FRONT AXLE AND STEERING COMPONETS WHICH HAVE BEEN A CONSTANT ..1 SOURCE OF FAILURE AND E>.CESSIVE DOWNTIME. FRONT TIRES HAVE BEEN LASTING APPROXIMATELY 6,000 MILES AND IN 36.000 MILES WE HAVE REPLACED THE FRONT ·3 BRAKES THREE TIMES. THE RADIATOR IS PRESENTLY BEING REPAIRED FOR THE 1 SECOND TIME. WE HAVE HAD NUMEROUS WARRANTY REPAIRS DONE TO THIS VEHICLE AND I HAVE MAI)E OUR CONCERNS I·-NOWN TO CUSTOMER SERVICE IN DETROIT. THE , ~ BOTTOM LING IS TI-IAT AS FAR AS CHEVROLIT IS CONCERN[[1 EVERYTIIING IS NORMAL. I WOULD LIKE TO RECOMMEND THAT CONSIDERATION BE GIVEN TO REPLACING THIS 4: UNIT WITH A FORD CHASSIS THAT WOULD INCLUDE A SOLID FRONT AX LE. I BELIEVE ~ THAT BY DOING THIS WE WOULD RID OURSELVES OF THE PPODLEI·15 TI-IAT WE HAVE 11 INCURRED. WITH THE CHEVROLET CHASE I.5. WE COULD TRANEFER THE UT ILITY BODY '.1 TO THE FORD CHASSIS AS IT IS STILL SERVICEADLE AND t·JAE CUSTOM MODIFIED FOR . OUR USE. PLEASE FIND BELOW 1994 ESTIMATES FOR PURCHASING THE FORD CHASSIS. ! 1994 FORD 1-TON CAB AWEI CHASSIE; WITH DUAL REAR WIIEELE: +19,944.75 LABOR TO TRANEFEP BODY: 1-350. 00 r20,294.750 0 THE CURRENT AVERAGE RETAIL VALUE OF THE CHEVROLET CHASSIS IS: $14,300, WE ,~ PAID $14,104 FOR THIS UNIT IN 1990. t 'i 11 i: . . .t 5 1 1 5-2 I '' .. 11 1 It 11 11 1 1 40 m In O I N I Omvoloq lot Nlot 01 N 1 r-1 ,-4 N I tn I 9· W rn 1- cO r-1 1 •-1 1 ..14)1 1-1 CO mi 001-" 1 0.1 ul moch©ON IO I 0 1 0 1 0 1 N elli , .1 . . . . ..1 -1 .1 -1 -1 - 0 E-11 0 co Co 1 1-- 1 01 A Ul al In t.O 1 W 1 1-1 1 1- 1 m I .r 01 1 1 CO m m I ,-1 1 2-r-11~NO tri l 0 1 01 1 r-It O r.1 >1 1 IN 1 0/ 1 (Nu,Nr-19• 1/01 m I rl I CO I rt 1 I 1.1 - 1 -1 1 1 -1 - lei 1 ™ 1 r4 INI 1 IN I 1 0 11 lilli I . 11 11 1 -11 It 1 IN WOOIC)01 C,NINWALOINI LAINI 1-01 i j I Mr-1 w toi 00 IN A O Ul MI r-It 01 tri l eli A 1 00,-IN INI Ning-,0.-Im 101 Lollol (11 Mil . - 1 -1 .... ..1 .1 -1 .1 -1 0, E-1 1 00 to 00 Iml 9•woomr-limi allmt INI 011 19· m 1011 Vul=Nt--Iml In I m 1 W I i A E 1 1 111 M 1 " 1 1 9.1 1 11 11 1 It t 11,1 . 1 1 1 1 1 It I 1 11 1 1 11 1 101©00.1' 10 1 Ulmt.nOO-111~1 V 1 -=r I 01 1 co lo Ch 1'~ 1 rN I W CO 00 1-1 {-9 N I ,-1 1 O 1 b 1 0 1 I r- r-10 v I Lfi l hal{NINr-11~ I w I 0-, 1 00 1 9• 1 mi . ...1 .1 ... . ..1 .1 .1 .1 . 1 millooloomit~l holohomY lul l r-1 1 1-1 1 1~ 1 RE-It rINN'rn INI Ooomo-,IN 101 N 1 01 1 m 1 milo Ir-It el m 4· r-IN 1 1.0 1 W I 1 to 1 1 .; r-1 >-1 1 - 1 -1 - 1 -1 1 1 -1 t I m Iml - IMI , I MI -, 2 tv/ 1 1 1 1 11 1 1 11 1 1 1 1 1 ? 1 1 1 1 11 1 104•mo;51 MOOOWNIr-It t.0 I N I m 1 1 11 Ul M 1 Ul to .-1 1 IN I W 01- 7 1 r-11 •-11 ,-11 Al W W E-1 A I OOLOr-1 lin I 4' N ul 01 1 N I m 1 A l r-1 1 E-13 4 MI 1 4 - 4 1 -1 .... 1 .1 .1 .1 .1 U}OE-10 ciE-1 1 Ult-4, 1 T- 1 t.0 ,-4 W r-1 1/01 r-1 1 •-1 1 00 1 W A U} Z 011 lut , W 1 7 1-Nul 1 0 1 1-Imt elt 1-1 0% 1 7 1 9• 1 · 1 1-1 1 N I 1 MI , 8"WQ 1 1/. 1 1 1 1 111 1 11 1 1 1 1 E-low 111 1 1 Z:CO 11 1 - .4 .1 1 3 0 Z t/]. ~, O1-11-1 tc 9.4 Q O 1 1 11 1 E 1 10000 1 10 1 OONC~OO tri I VINI 1 1 co O O 1 00 1 1- O N h 010 1 W I M I (-9 1 1 r.1 0 Utmoo Imt MOL/-1~la',0 Intl rl I W 1 1 m (1} 1 1 .1 .... ..1 .1 -1 .1 1 0, 0, 1 Y O 0 1 " 1 000.-11.04·4 11 1 OINI 1 0, .0 1 t.n 1- 0, 1 r-1 1 Qu,Ornmr·-1101 ,-1 1 00 1 1 2 1 u.1 1 w 1 m 1.0 1 1 1 1 r-1 ¤ 1 0, 4 1 {MI Ul 1 00 m W 1 00 1 r I . 1 1 mi - 1.1 . 1 -1 1, 1 1 0 1 1 1 11 1 1 11 , 1 11 1 -M W r--1 • O 4 ': 4 t/1 (11 Ill M W C Of, 11 0 W 44 >, +J e 6 i 01-1 3 A H C A 0 C 0 4 0 rd A. 0 0 R gcu .el MSHP 1 Ft/]OUP 1-1 0, 41 « rd . 0 -1 'U u .1 0 014-4 4-1 . 14 5 1 1-1 H U 14(Op h V p 14 0 U) P ,-1 0 •rl A W vi In W z P W C r-1 U' p C) ·rl E 'r-1 al A M C 0, m 61 1-1 Mroohock - fi, m - !i 11 N U 61 H w N p V ·rl C) X N f[1 1-1 1/1 +J A W =1 0 0 E +1 14 111 W 0 11 . - ~ 1 .C P ·A C A o ·A W 'd C 0 0 If] > UUEI--1 ~Ot/}AU,<1-1 bl M U P} O B 2;> M U Id U WO 6a-1 I. E 30, 1993 & 1992 E86'EZS 0£0'OESS 902'6EZE (869'ZLS) SINflZI~KE E88'98Z'9 SEE.UICINE 'IYQI EY) Ego -39 SI Expenditures TOTAL - REVENUE fer Services vernmental aneous REVENUES 918:R/2 E; <00 4 0, r :CO (D r-N CO .. 2 z o 0 -Ul 06 0 2 0 NE -9 ·2 U. Z i ed * 99 LE j.. 0 0 9 E O 0-£ C C J J J J _-1 1 E <<<<< .* 0) 0 1- 1- 1- 1- H 2 32-~.4-4 00000 6a- 2 ./. 370 384 396 . :.. : 4:1 lf~ . :·~ *~-~ ~~ j392 OTAL RESIDENTIAL 5018 5196 5340 5380 5386 5379 5417 5541 5649 5863 965 : 976 1012 1033 1043 1169 1191 1250· : 1284 11269 2689: 02748 2771 2878 3000 <3107 t'Zot' E86E 2968 3888 0*82 8ZZE 09.- 301SlnO Le LZ 8869 1.*89 £999 8899 .29*9 Elt,9 .3929 .EZ L9 8869 1983 1984 1985 1986 1987 1988 1989 1990 1991 tesidential Inside 1922 1921 1936 1991 2095 :ommercial Inside 740 799 807 854 i 873 sidential Outside 3464 3458 3481 3550 3554 27 28 28 33 32 .19 ·12~1 172 il:7: :18· Ef 38 40 45 50 50 49 -OWN OF ESTES PARK LIGHT and POWER DEPARTMENT y of Accounts mmercial Outside- JEak 4OBe JO JeqU.laoaa JO pue 341 Luo]J Ue)!el eje Seinf!1 8984 86/E LA li 11 . MN V\I31SAS 6a-3 03a AON 130 d3S 9nv lAP Nnr AVIN bid¥ MVIA' 83=1 NVr 7/21/93 TOWN OF ESTES PARK PURCHASE POWER - DEMAND 17,000 - 1991 1992 -2- 1993 9391KW.XLC 19,000 - 18,000 - 16,000 - 000'9 L - 000'* L - 000'E L - 000'Z L 000' L V . .1 U NFit¥?mte?mwN;22?*87*·re·?20=29§:tEP·3?F?:i?§71?&,~~ry,73FZNiEDUS·'f'Et'ZEIrLemxFM,%593R{*EK*RfEN~2 030 &&*%~a*»23*akE*X€22\*33*1*831**~ AON ~ 100 1 ETM=777'r"l d]S RTelfMITSXFTZPPIWFPZRWRWHBERFMRI DAY 0 mm/JWJUJJ#WI/-Jimm,WJM Nnr El'***%*1.11'lili' ; k.95~*: ::/: 3~:*::::3~:$.~'-29'::4Aih. A¥, M¢%49**}22*0 Jld¥ 1111111111111111111'll~ll[1111111]11[1!111111111111111111111]111111111111111111111[j!1 -... 1 8¥11 1110 11111 111 I li l i 1111111111111 111 Ell®111] I l l l I 111 1111! 11 1 1111 ll l I 11!.11 ' l ilillillili lilli lilli Ul *wae*,m·*#m#*~mx#*#6&444 833 1 [1![11111111[Im' 11 mill I111111®11.Il.Il I.Q.Illj.I.~JJ.I.Ill j.1111 Ill 1111111 @IJ,Il ~1.1.1.11.11] lili 1111'j 111 1111[I~1.1111'j"ll"Ill~1~ Ill.I ~IJ IJ~ 1{11!~ 1 . . 7 . f ., 2: NW I ' 7 1 1 HMM n]1515 1 6a-4 7/20/93 [El 1991 Z66 L m - 000'009'L £66 L E TOWN OF ESTES PARK PURCHASE P WER - ENERGY 9391 KWH.XLC 9,500,000 - 9,000,000 - s 8,500,000 - 8,000,000 - - 000'000'L - 000'006'9 - 000'000'9 000'009'9 t . 33a AON 100 d3S 9nV 1nr , :•.1 ··., ,~~~~~77*~r Nnr . I X-/ I ' -d AVW . WV'Al 833 4 . ·... g I N¥f (4) 1SOJ JaMod A141uol~ 1 Fim- 6 7/21/93 E] Actual Bill elew sno!AaJd m 1993 Wholesale Power Cost Comparison L aDed - 000'OLZ 310,000 - 290,000 - 270,000 - 250,000 - - 000'06 L 230,000 - - 000'OL L 000'09 L 93PPSAV.XLC . 33a AON 130 d3S Onv i 1nr AVIN Eld¥ . kIVI/\1 833 I i .lk,/ I NVr r O , Nnf ($) i 6a-6 93SAL&PP.XLC 7/21/93 ' U Electric Revenue 190l JaMod 0 Revenue vs. Power Cost L eoed 600.000 - 500.000 - 400,000 -«· - 000'008 - 000'ooz v- 000'00 L 1993 T %?74»4...93}*Ajf;*.*dpR?%'5,99»f.°42?:b it'.li.flut»J!?1.(i»fl<b>,~ te#{32,-4*».t:G~2*V ...2 ..,.:175,4.-5,1~..1, + O.ilitht·'0&::ip:·9 · i 1,1 2.t?' e>pi..,69.Zi.50,%**9*25.!:,01',itt'.1.:,ijf:NOM '~'' 91*fity.:8:111 ie:ipiea,9.<:0" '(aill V. i : 1.(,¥•.f·j ., i~·'· : t'·Nt#*il?tt,7·23 41+92*+.i~4 r :1·. , ' t · I. *171#r,1 t | 9 -!,·'}· '11 .';'.f '''.4454,2, ,)9 :· :try ~''J'·,994~·tUREi r H t, - a, LL O 31¥0 01 El¥3* ($) S31VS 6a-7 7/21/93 030 AON 100 deS Bnv Inf un Ae'Al idv lei/\I uer ELECTRIC SALES ACCUMULATED BY MONTH E] 1991 YTD ~ 1992 YTD 1993 YTD 6,000,000 - 5,000,000 - 4,000,000 - 3,000,000 - - 000'000'Z - 000'000' L 9091SALY.XLC