HomeMy WebLinkAboutRESOLUTION 15-94fl
RESOLUTION NO.15-94
WHEREAS,on or about October 1,1993,an action was initiated in
the United States District Court for the District of Colorado,styled
Richard Lynn Pratt v.Cable Systems,Inc.,the Town of Estes Park,H.
Bernerd Dannels,Robert L.Dekker,Susan L.Doylen,Stephen W.
Gillette.David F.Habecker,George J.Hix,Gary Klaphake,Gregory A.
White,and Richard Widmer,Case No.93—S—2090;and
WHEREAS,the parties to that lawsuit have reached a settlement
which provides for the dismissal with prejudice of the litigation;and
WHEREAS,the Board of Trustees of the Town of Estes Park has
determined that it is in the best interest of the Town to enter into
the aforementioned Settlement Agreement.
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK,COLORADO:
1.The Settlement Agreement between and among the aforementioned
parties which settles the above—referenced lawsuit as more fully set
forth on Exhibit A is hereby approved.The Town accepts the condition
of the Settlement Agreement which provides for Cable Systems,Inc.,the
entity which provides cable television service to the Town of Estes
Park pursuant to a permit agreement,to designate one of its channels
for public access.
2.The appropriate officials of the Town of Estes Park are
hereby authorized to execute said Settlement Agreement.
Adopted this ãtc/day of August 1994.
TOWN OF ESTES PARK
Mayor
ATTEST:
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Town Clerk
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SEflLEMENT AGREEMENT
This Settlement Agreement is entered into this
__________
of August,1994,by and
between Richard Lynn Pratt (“Plaintiff’),and Cable Systems,Inc.,the Town of Estes Park,
H.Bemerd Dannels,Robert L.Dekker,Susan L.Doylen,Stephen W.Gillette,David F.
Habecker,George J.Hix,Gaiy IGaphake,Gregoiy A.White and Richard Widmer
(“Defendants”).
RECITALS
Cable Systems,Inc.provides cable television service to the Town of Estes Park and
neighboring areas in unincorporated Larimer County,Colorado,pursuant to agreements
with the Town of Estes Park and Larimer County (“Estes cable television system”).
On or about October 1,1993,plaintiff initiated an action against defendants in the
United States District Court for the District of Colorado styled Richard Lynn Pratt v.Cable
Systems.Inc.,et al..Case No.93-S-2090 (the “Civil Action”).In the Civil Action,as
amended,Pratt alleged,among other things,that the Town of Estes Park and the
individually named defendants had violated his First Amendment rights without due process
of law and that Cable Systems,Inc.had breached its permit agreements to operate cable
television systems in the Town of Estes Park and in unincorporated Larimer County by
failing to provide “public access”and “community programming.”
Defendants have denied the allegations asserted in this Civil Action and have
asserted or would have intended to assert numerous defenses and counterclaims to those
allegations.
The parties hereto agree that it is in their mutual interest to resolve and dismiss the
Civil Action and all claims of any party against the others.
NOW THEREFORE in consideration of their mutual promises and releases and for
other good and valuable consideration,the receipt and sufficiency of which is hereby
acknowledged by plaintiff and defendants,the parties hereto agree as follows:
1.Cable Systems,Inc.designates Channel 39 on its Estes cable television system
as the Access channel for “public access.”Such public access is subject to the rules and
procedures which are appended hereto as Exhibit A and incorporated herein by this
reference.Cable Systems,Inc.agrees to provide a minimum of two hours of public access
each week during the hours of 11:00 a.m.to 1:00 p.m.Monday through Friday.Should
there be sufficient demand for use of the Access channel such that the two hours a week
set aside for use of Channel 39 for public access is insufficient to provide public access
opportunities to eligible users as defined in Exhibit A hereto,it shall provide up to a
maximum of ten hours of public access each week during the hours of 11:00 a.m.to 1:00
p.m.Monday through Friday.
2.The Town of Estes Park will pass a resolution approving this Settlement
Agreement and accepting the conditions of paragraph 1 above.
3.Plaintiff forever releases,discharges,and covenants not to sue defendants with
respect to any and all obligations,claims,debts,demands,covenants,actions,promises,
agreements,liabilities,controversies,costs,expenses,attorneys’fees,or causes of action of
any kind whatsoever,whether known or unknown,based upon,arising out of or in any
manner related to the claims asserted by plaintiff against defendants in this Civil Action,any
additional claims,known or unknown,the plaintiff could have asserted against defendants
in this Civil Action,and any other action or failure to act,known or unknown,by defendants
occurring prior to the date of this release and further agrees that any such claims or causes
of action are hereby extinguished and no longer exist.
4.Defendants forever release,discharge,and covenant not to sue plaintiff with
respect to any and all obligations,claims,debts,demands,covenants,actions,promises,
agreements,liabilities,controversies,costs,expenses,attorneys’fees,or causes of action of
any kind whatsoever,whether known or unknown,based upon,arising out of or in any
manner related to any claims,known or unknown,the defendants could have asserted
against plaintiff in this Civil Action,and any other action or failure to act,known or
unknown,by plaintiff occurring prior to the date of this release and further agrees that any
such claims or causes of action are hereby extinguished and no longer exist.
5.Plaintiff and defendants hereby authorize their counsel to execute and file,
concurrent with the signing of this Agreement,a Stipulation and Joint Motion for Dismissal
with Prejudice of the Civil Action,with each party to bear its own attorneys’fees and costs,
in the form attached hereto as Exhibit B.
6.The signing of this document shall not be constmed in any way as an
admission of liability or fault whatsoever by any of the parties and that to the contrazy,each
party specifically disclaims and denies liability or wrongdoing.
7.It is understood by the parties hereto that by signing this Agreement and this
Stipulation for Dismissal with Prejudice,they are formalizing their desire to fully,
completely,and permanently resolve all claims,demands,and disputes between them,known
or unknown,and whether made by complaint or otherwise,and to reduce any and all
obligations between them to the express terms of this Agreement.
8.This Agreement shall be binding on and inure to the benefit of the parties and
their heirs,successors,personal representatives,agents,employees,and related persons or
entities of the parties hereto.It is the express intention of the parties that any person other
than the parties hereto shall be deemed an incidental beneficiary only.
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9.Colorado substantive law shall govern all matters relating to the enforcement
or interpretation of this Agreement and any related documents.
10.By signing this Agreement,each party represents that he,she or it has
thoroughly discussed all aspects of the Civil Action,this Agreement,and the rules and
procedures for public access attached hereto as Exhibit A with legal counsel,has been fully
advised as to his or its tights or claims prior to signing this document,and enters into this
Agreement voluntarily and with a full and complete understanding of its terms.
11.Each party hereto warrants and represents that it has not sold,assigned,
granted or transferred to any other person or entity any claims,demands or causes of action
encompassed by the Civil Action or this Agreement.This Agreement may be signed in
several identical counterparts and telecopied signatures will be adequate to effectuate the
same.
12.It is further agreed that each party hereto shall bear his or its own costs and
expenses in the prosecution or defense of any claims or counterclaims in this Civil Action.
RICHARD LYNN PRAfl
DATE:
Richard Lynn Pratt
CABLE SYSTEMS,INC.
_______________
By:
____________________________
ThE TOWN OF ESTES PARK
__________
By.c-/
ATTEST:
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Deputy Town Clerk
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CABLE SYSThMS,NC.
PUBLIC ACCESS
RULES AND PROCEDURES
PREFACE
Public Access is the approved use of designated channel space and equipment for the
display of noncommercial television programming.The procedures established by Cable
Systems,Inc.(the “Company”)are designed to promote Public Access television to the Estes
Park community.The Company encourages community participation in this medium as a
forum for the exchange of ideas in the community.A channel on the Company’s cable
system has been designated for this purpose (“Access channel”).
The Company encourages the opportunity offered through Public Access.The
following rules and procedures are designed for the orderly and efficient use of the Access
channel.
Public Access is offered as a privilege to the community.Any misuse of the Access
channel or of any facilities or equipment that the Company in its discretion may make
available to users,or any failure to adhere to the following rules and procedures,may cause
the privilege to be revoked.
RULES
Priority of Access:Maximum Usage
The Company provides Public Access on a first-come,first-served,non-discriminatory
basis.To ensure equal opportunity for all users and to encourage use of the Access channel
by the widest possible variety of users,no one user may provide more than four (4)hours
of programming per week.
Notification;Air Time
Any eligible user desiring to provide programming on the Access channel must notit’
the Company in writing at least seven (7)days prior to the desired cable casting date.The
attached form Request for Public Access must be used for this purpose.This includes
episodes of a continuing series.If the Request for Public Access is not delivered by the
deadline,the program will not be cablecast.Such notice shall describe the length of the
program,the type of programming (i.e.,talk show,sporting event,dramatic presentation),
and the desired date and time of airing.The Company will use reasonable efforts to honor
requests for the date and time of airing but reserves the right in its absolute discretion to
air the programming submitted at a different date and time.Within 48 hours of its receipt
of the Request,the Company will notify you of the scheduled airing date and time.
EXHIBIT
A
Responsibility For Content
Users submitting programming for airing on the Access channel shall be fully
responsible for the content of any program(s),and the person producing or providing the
programming will indemni’the Company against any loss,liability or expense arising out
of the cablecasting of the programming.
Eligible Users
The following are eligible users for Public Access:(1)domiciles of the franchise area,
and (2)non-profit organizations within the franchise area.
If the Company in its discretion makes any equipment or facilities available to assist
Access,then any person using such facilities or equipment who is under the age of 18 must
be accompanied by an Access-certified adult.
Access users may enter upon Company premises only by appointment.SMOKING
IS NOT ALLOWED IN THE COMPANY BUILDING AT ANY TIME.When on
Company premises,Access users are not allowed the use of any office equipment (i.e.
telephones,copy machines,typewriters,etc.)or access to areas other than the area specified
by the Company for delivery of programming tapes.If the Company in its discretion
provides equipment or facilities for the use of Access users,the Company reserves the right
to refuse the use of such equipment or facilities to anyone who may have misused the
equipment in the past,or who is untrained in the care and use of the equipment.NO
equipment may be used without completing and signing an Equipment Checkout Sheet,the
form of which is attached hereto.
No Commercial Use
Programming aired on the Access channel may not contain any commercial
advertisements,similar solicitation announcements,or promotional material for which any
consideration is paid or any valuable consideration given.Use of the Company’s name,
equipment,or facilities for financial gain,promotion,solicitation or advertising is strictly
prohibited.
Programmina Media/Materials
Programming submitted for airing on the Access channel must be submitted on 3/4
inch or VHS format tape at least 48 hours prior to the scheduled airing date.The quality
of the audio and video must be such that they do not distract from the material presented
in the program.No program may be submitted that has aired or is expected to be aired on
another channel on the cable system.Except by mutual agreement of the Company and the
user,no program which has already been aired on the Access channel may be aired again.
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Talk shows must include the disclaimer:“Opinions expressed do not necessarily
represent those of Cable Systems,Inc.staff or management.”
Sponsorship for Public Access programs must conform to the following:
1.Sponsor’s names may appear only in ending credits.
2.Sponsorship may not exceed 05 seconds in length per sponsor.
3.Sponsorship may be written or verbal,but must be limited to the
statement,‘The preceding Public Access program has been presented
through the assistance of...”
4.The name,city and state may be included,but no further description
of the sponsor is permitted.
MI tapes must be properly labeled with the Program name,Producer name and
Production date on the tape.Once the program is submitted for playback,it may not be
removed from the Company office without Company approval.It will be held for a
minimum of ninety (90)days prior to return.The Company will not be responsible for lost
or damaged tapes.Please make all dubs and/or corrections prior to submitting the tape for
playback.
Programming
No obscene material or programming that otherwise violates applicable law may be
submitted.No commercial material or political advertisements or endorsements may be
submitted.This limitation would in no way prohibit programming involving discussion of
political issues or candidates.No program may be submitted that has aired or is expected
to be aired on another channel on the cable system.Except by mutual agreement of the
Company and the user,no program which has already been aired on the Access channel
may be aired again.
All programming submitted must be original.The person submitting the
programming is fully responsible for all copyrights,and will be solely responsible for any
copyright infringement,and will indemni’the Company against any claim of copyright
infringement and any costs incurred in defending such a claim,including legal fees.
PORTABLE EOUIPMENT PROCEDURES
If the Company in its discretion elects to provide portable equipment for use by users
of the Access channel,then the following additional rules will apply.
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A.Access members must complete the portable equipment usage training class
and be properly certified prior to reserving or signing out portable equipment
B.Portable equipment reservations may be made up to one month in advance.
The reservation calendar is posted on the first Monday of the month for the following
month.In the event of a Monday holiday,the calendar will be posted on the first Tuesday
of the month.Weekend sign-up is limited to one weekend per month per Access member,
Access group,or Access project Additional weekend use is permitted if the equipment has
not been reserved by the Friday preceding the weekend.Please call after 12:00 Noon on
Friday to check on availability.
C.AU equipment sign-out is done between 8:00 am-5:O0 pm,Monday through
Friday.Persons arriving late for equipment pick up are not guaranteed use of the
equipment.Persons reserving equipment must pick up and return the equipment.Other
parties are not allowed to pick up or drop off equipment reserved for another person.
Swapping equipment with other persons is prohibited.Remember,if the equipment is
signed out in your name,you are financially responsible for all damage and loss.
D.MI equipment must be signed out by a Company staff person.Borrowers are
responsible for verifying that all listed equipment is included and the Equipment Checkout
sheet is completed before leaving the Company office.Borrowers are responsible for
returning the equipment in the same condition as was lent.All locations planned for the
remote production must be listed on the sign-out sheet along with phone numbers,if
available.Portable shoots are limited to the franchise area unless written permission is
obtained from the Company manager prior to sign-out.
E.Hooking Company equipment up to other electronic equipment is prohibited.
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REQUEST FOR PUBLIC ACCESS
CABLE SYSThMS,INC.
ESTES PARL Co
DATE:
PERSON REQUESTING PUBLIC ACCESS:
NAME:
_____________________
ADDRESS:
_________________________
PHONE:
__________________
DATE REQUESTED FOR AIRING:
__________
START TIME REQUESTED:
______________
LENGTh OF PROGRAM:
________________
TYPE OF PROGRAMMING:_______________
‘ITILE OF PROGRAM:
__________________
NAME OF PRODUCER:
__________________
ADDRESS OF PRODUCER:
_______________
PHONE OF PRODUCER:
_______________
I understand that Cable Systems,Inc.will use reasonable efforts to honor my requests for
the above date and time to air my public access program,but that it reserves the right,in
its absolute discretion,to air the program at a different date and time.
I acknowledge that I have read and understand the Public Access Rules and Regulations for
the Town of Estes Park and agree to abide by them.
Further I acknowledge that I am hilly responsible for the content of the programming I will
submit and I will fully indemnit3’Cable Systems,Inc.,its owners,officers,directors,
employees and the Town of Estes Park and its officials and employees against any loss,
liability,or expense arising out of the cable casting of the programming.This indemnity
includes but is not limited to claims of indecency,obscenity and copyright infringement.
SIGNED:
__________________
Producer/Agent for Producer
DATE:
_________________
WITNESSED:
________________
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EOUIPMENT CHECKOUT SHEET
CABLE SYSTEMS,NC.
ESTES PARK,Co
NAME:
ADDRESS:
WORK PHONE:HOME PHONE:
____
EQUIPMENT BORROWED (INCLUDE CABLES,BAIIERIES,ETC.):
TYPE QUANTITY MODEL SERIAL
NUMBER
DATE TAKEN:APPROVED BY:
____
DATE TO BE RETURNED:
_______
(NOTE BELOW ANY DEFICIENCIES N EQUIPMENT AT
CFIECKOUI)
C
LOCATION EQUIPMENT WILL BE USED:
PURPOSE FOR THE CHECKOUT OF THIS EQUIPMENT:
DATE RETURNED:
(NOTE ANY DEFICIENCIES OR MISSING EQUIPMENT)
I,.have been trained in the use and care of this
equipment and understand that until it is returned it is my personal
responsibility to properly care for and maintain this equipment in a state of
good repair and high quality performance.
I have thoroughly checked the equipment out and find it to be in the proper
condition and working order at this time (other than as noted on the reverse
side).
I agree to be responsible for this equipment and to protect it from damage
or loss until I return it.In the event it is lost or damaged before I return it
I agree to reimburse Cab]e Systems,Inc.for the amount of the repair or
replacement of the equipment within ten (10)days of a receipt of a bill from
Cable Systems,Inc.
SIGNED:
_______________________________
DATE:
______________________
WITNESSED:
___________________
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EQUIPMENT TRAINING
CABLE SYSTEMS,[NC
ESTES PARK,Co
The persons whose names are listed below have been trained,and/or their proficiency has
been confirmed for the use and care of the equipment listed.
EQUIPMENT CERTIFIED BY
DATE NAME ADDRESS PHONE TYPE
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C C
eQ
N THE UMTED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No.93-S-2090
RICHARD LYNN PRAfl,
Plaintiff;
vs.
CABLE SYSTEMS,INC.,THE TOWN OF ESTES PARK,H.BERNERD DANNELS,
ROBERT L.DEKKER,SUSAN L.DOYLEN,STEPHEN W.GILLEI’lE,DAVID F.
HABECKER,GEORGE 3.HIX,GARY KLAPHAKE,GREGORY A.WHITE,and
RICHARD WIDMER,
Defend ants.
STIPULATION FOR DISMISSAL WITH PREJUDICE
Plaintiff,by his attorney,Weller Frieddch,LLC,and defendants Cable Systems,Inc.,
by its attorneys,Hill &Robbins,P.C.,and defendants Town of Estes Park,H.Bernerd
Dannels,Robert L.Dekicer,Susan L.Doylen,Stephen W.Gillette,David F.Habecker,
George J.Hix,Gary fUaphake,Gregory A.White,and Richard Widmer,by their attorneys,
Watson,Nathan &Bremer,P.C.,hereby stipulate that plaintiffs claims against defendants
shall be dismissed with prejudice,with each party to pay his,its,or their own costs and
attorneys’fees.
DATED this
______
day of August,1994.
Respectfully submitted,
WELLER FRIEDRICH,LLC
EDGAR L.NEEL,ESQ.
Suite 500
100 Fillmore Street
P.0.Box 6178
Denver,CO 80206
Attorney for Plaintiff Richard Lynn Pratt
EXHIBIT
B
C
HILL &ROBBNS,P.C.
ROBERT F.FULL,ESQ
KAREN A.TOMB,ESQ.
JEFFREY M.HALL,ESQ.
100 Blake Street Building
1441 Eighteenth Street
Denver,Colorado 80202
Telephone:(303)296-8100
Counsel for Defendant Cable Systems,Inc.
WATSON,NATHAN &BREMER,P.C.
J.ANDREW NATHAN,ESQ.
Suite 1000
3900 E.Mexico Avenue
Denver,CO 80210
Counsel for Defendant Town of Estes Park and
Individual Defendants
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