HomeMy WebLinkAboutReso - CC - 090-2004RESOLUTION NO. 90-2004
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING AMENDMENT NO.2 TO CABLE TELEVISION FRANCHISE
AGREEMENT BETWEEN THE CITY OF BURLINGAME
AND RCN TELECOM SERVICES, INC.
RESOLVED, by the City Council of the City of Burlingame:
WHEREAS, RCN Telecom Service of California, Inc. (RCN of California) was granted a
franchise to operate a cable television franchise pursuant to Chapter 6.48 of the Burlingame
Municipal Code in 1999, which was assumed by its successor, RCN Telecom Services, Inc. (RCN);
and
WHEREAS, in Resolution No. 5-2004 adopted on January 5, 2004, the City Council
approved amendments to the Franchise Agreement in Amendment No. 1 to allow RCN to seek
additional financing and extend the build -out period; and
WHEREAS, RCN has not yet been able to obtain the capital funding commitments to
continue build out in the City and has again asked to City to extend its obligations to complete the
system; and
WHEREAS, RCN is willing to pay an annual penalty to the City to demonstrate its
continued commitment, to install a fiber optic network serving nearby cities, and to suffer a
reduction in its franchise term should construction not recommence; and
WHEREAS, RCN continues to be an important part of providing a choice in
telecommunications services to residents of Burlingame,
NOW, THEREFORE, IT IS ORDERED AS FOLLOWS:
1. The amendments to the cable television franchise agreement with RCN contained in
Exhibit A hereto is approved.
2. The City Manager is authorized and directed to execute the Agreement by and on
behalf of the City, and the City Clerk is authorized and directed to witness the signature of the City
Manager.
Mayor
I
I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the
foregoing Resolution was introduced at a regular meeting of the City Council held on the 4thday
of October , 2004, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, COFFEY, GALLIGAN, NAGEL, O'MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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City Clerk