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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 C\FILESVdESOkcnfranchiseamend2. fin. wpd 2 City Clerk