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HomeMy WebLinkAboutOrd 1210ORDINANCE NO. 1210 AN ORDINANCE OF THE CITY OF BUR.LINGMM GRANT- ING A NON-EXCLUSIVE FRP.NCHISE TO CAPITAL CITIES PENINSULA CAELIE, INC., FOR THE INSTALLATION, CONSTRUCTION, OPERATION AND REGULATION OF A. CABLE TELEVISION SYSTEM FOR BURLINGAbiE. THE CITY COUNCIL Or^ THE CITY OF BUP,LINGAME DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Short Title. This Ordinance shall ;ue known and may be cited as the "Burlingame Cable Television Franchise Ordinance with Capital Cities Peninsula Cable, Inc." SECTIOriT 2. Grant of Franchise. This Ordinance is enacted pursuant to the authority provided in, and all the provisions, terms and conditions of the Burlingame City Code Title 6 , Chapter 6.48 titled, Burlingame Cable Television Ordinance, passed and adopted on March 3, 1980, copies of which are on file in the office of the City Clerk. The franchise herein granted shall include the provisions of said City Code Title 6 , Chapter9 6.48 XQZXXXXXXY the Request for CATV Proposal mated March, 1980, the franchise application dated May 30, 1980, by Capital Cities Peninsula Cable, Inc.; the commitment by Capital Cities Peninsula Cable, Inc. to the City as set forth in their letter to the City dated March 2, 1981; the City of Burlingame Resolution setting rates and charges; and the City of Burlingame Resolution establishing rules and regulations and standards of operation, all of which are incorporated herein by reference. The franchise requested from the City by Capital Cities Peninsula Cable, Inc. to install, construct and operate a cable television system is hereby granted as herein provided. SECTION 3. Franchise General Terns and Conditions. Capital Cities Peninsula Cable, inc., a subsidiary of Capital Cities Communications, Inc., hereinafter referred to as Grantee, is hereby granted a non-exclusive franchise for a period of fifteen (15) years from the date of acceptance of this franchise on the terms and conditions hereinafter set forth. (a) -The franchise herein granted shall be subject to all of the terms and conditions of this Ordinance and other documents comprising the franchise as set forth in Section 2. In the event of any conflict between the provisions of this Ordinance and documents comprising the franchise as set forth in Section 21 the provisions of this Ordinance will prevail. (b) Grantee shall build, construct and operate a cable television system to serve the entire City of Burlingame in full compliance and without deviation of each and every stipulation and proposal set forth herein. (c) `.t'he CArV System herein franchised shall be used and granted solely and exclusively for the purpose expressly author- ized by Ordinance of the City of Burlingame and for no other purpose whatsoever. (d) In the event of non -renewal or termination of this franchise, the City may at its sole option purchase Grantee's facilities at a cost not to exceed its then fair market value, with a reduction for any uncompensated damages. In. defining 'fair market value,' the parties shall use the following criteria: Assumed fifteen -year term of operation. Conditior. of plant and facilities. Number of subscribers and services. Earning capacity of business. Any other criteria appropriate circumstances. If fair market value cannot be agreed upon by the parties, it shall be determined by a three-member Arbitration Panel, one member tc be selected by the City Council, one by the Franchisee, and the third member by the two members first named. The parties shall divide expenses of arbitration evenly among themselves. In the event City does not exercise its right to purchase said franchise within sixty (60) days from time of nonrenewal or ter- mination, -the Grantee may sell the system on similar terms to a successor franchisee or third party. SECTION 4. Franchise Pre -operative Requirements. The franchise herein granted shall become operative when the following requirements have been fully complied with by Grantee, but not sooner than the effective date of this ordinance. The City, at its sole option, may rescind the Franchise Award without liability to Grantee, if all the -following pre -operative require- ments are not met within sixty (60) days from the effective date of this Ordinance. The Grantee must: (a)' File with the City Manager not later than the tenth (10th) day from the effective date of this Ordinance, as defined il_n Section 20, in a form satisfactory to the City Attorney, an executed written agreement or the franchise herein granted accepting the franchise granted herein by the City by the terms' of which Grantee agrees to comply with and do all things required by it to be done by the provisions of this Ordinance, the docu- ments comprising this franchise as set forth in Section 2, and by "which Grantee further agrees to the payment of liquidated damages, as set forth in Sections 6 and 17 herein, to City in the event of Grantee's failure to fulfill its obligations as set forth in this Ordinance, and the other documents comprising this franchise. - 2 - {b) File with the City Clerk the bond. and insurance policies as required by 5������YxXX�x� Chapter 6.4&, ��#BhXXXXXX of the City Code aad elsewhere herein: (c) File with the City Clerk the security deposit required in Section 17 (a} herein. (d) File with the City Clerk a signed agreement to pay within thirty (30) days of receipt of billing the costs in excess of those covered by application fees, of consultant, advertising, and publication expenses incurred in connection with the granting the franchise. Copies of the actual billings will be submitted to Grantee. All such costs shall be presented to Grantee within thirty (30) days of Grantee's acceptance of Franchise. (e) File with the City Manager a written agreement to pursue the interconnect with the City's sixteen pump stations plus a monitor site, as described in Grantee's proposal, on a best effort basis. (f) File with the City Manager a preliminary construction and development plan within sixty (60) days from the effective date of this Ordinance. Such plan will be subject to review by the City Manager. If comments are not received by Grantee within thirty (�;0) days, the plan shall be deemed approved as submitted. The construction plan shall include but shall not be limited to, the following items: --"--- (1) A preliminary engineering study or plan, as appropriate, shall be submitted for the planned loca- tion(s) of the headend, satellite receiver dishes, antenna tower (if required), and local, origination/ access studio. (2) Preliminary local origination studio design layout and studio capital budget. (3) Copies of orders or evidence of dedicated in -stock cable, electronics, and associated parts and equipment to 50� of that necessary to fully construct and equip the Burlingame Cable System, including all interconnects, the studio and portable access/origina- tion facility. H (4) Copies of all applications for construction agreements, utility pole contracts, and contracts for studio construction. - 3 - (g) File with the City Manager an agreement to pursue negotiations with the Burlingame Community Television Advisory Board, if and when the Board is chartered. by Council. The negotiations shall formalize Grantee's obligations in support of the Board's activities in promotion and -administration of the use of the locally programmed channels and all related activities under the franchise. At the direction of the City Council, Grantee shall fund the Board as a non-profit activity, with a sum of $10,000 per year in 1981 dollars, i.e., increased annually with the increases in Bay Area consumer price index. This annual sum to be used for development of local programming. The Board may be authorized by Council to plan and effect the expenditure of the $10,000 Grantee shall provide for the purchase of access production equipment, per Section K, page V-120, of Grantee's application. (h) File with the City Manager the progra.'n criteria for the award of the Annual Scholarship for a communications major ::college student, which Grantee proposed in its application. The scholarship to be $5,000 in 1981 dollars, i.e., increased annually with the increases in Bay Area consumer price index. The scholarship funds, when awarded, may be fully credited against the $10,000 per year funding support of the Community Television Advisory Board addressed in subparagraph (g) above. - 4 - SECTION 5. Permits, Licenses and Authorizations. (a) I,-ar:ediately upon acceptance of the franchise, Grantee shall proceed with due diligence to obtain all necessary permits, licenses and authorizations per 5Xi=DXXXXXX,2)7AM, Chapter 6.48 of the Burlingame City Code. TXXlmxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx (b) A Grantee shall have authority to trim the trees upon and overhanging the public streets so as to prevent the branches of such trees from coming in contact with the wires and cables of the Grantee, except that, at the option of the City, such trimming may be done by it or under its supervision and direction at the expense of the Grantee. SECTION 6. Construction Schedule. (a) In addition to the provisions of Subsections (a) through (d) of XZ&v�§xXXXXX;Kt�X2[XXXXXXXSection 6.48:170 the Burlingame City Code, the Grantee shall fully complete system and facilities construction, including all proposed interconnects and/or extensions, within eleven months of the effective date of this Ordinance. The complete system and all facilities shall be fully activated and service commenced within FNM monthsof completion of construc- tion. four (4) (li) Subject to Subsecti.en (5) below, Grantor may, at its sole option, apply any of the following penalties in connection with delays in system construction. Prior to Grantor imposing any of the following penalties, Grantor shall notify Grantee in writing within 30 days of Grantor's discovery of the violation alleged and of the penalty to be imposed: (1) Impose a penalty of up to $250.00 a day for each strand mile of cable not completed within fifteen (15) days of the scheduled completion date. (2) Impose penalty of up to $1,000.00 a day for each day in excess of thirty (30) days that any major facility proposed by applicant is not completed or activated as scheduled. For the purpose of this section, major facilities shall include completion of physical plant, signal processing headend, satellite earth stations, community access/origination studio and program library, mobile E.N.G. van, and local office and system maintenance facilities. (3) Forfeiture of performance bonds for delays exceeding four (.4) months. (4) Termination of the franchise for delays exceeding six (6) months. (5) No penalty shall be imposed without a hearing before the Council or its so designated representative(s). No penalty shall be imposed for delays that are the result - 5 - of causes bF.end the control and witho._ fault or negli� gence of the Grantee as determines. by Grantor. Grantee shall be entitled to an extension of time if construc- tion is suspended or delayed by Grantor or where unusual weather, acts of God, extraordinary acts of third parties (this specifically includes any difficulties with utilities where pole attachments are required) or other circumstances delay progress and which are beyond the control of Grantee, provided that Grantee is not at fault, and is not negligent under the terms of this franchise ordinance. However, delay in obtaining pole attachments shall not delay commencement of underground construction. The degree of fault and/or negligence, and extension of time allowed shall be determined by Grantor. The extension of time in any case shall not be less than the actual no fault/negligence delay experienced by Grantee. To the extent practicable, the City will assist the Grantee in resolving any difficul- ties in obtaining pole attachment permits. SECTION 7. Undergrounding of CATV Lines. (a) In those areas and portions of the City where either the transmission and/or distribution facilities of the public utility providing telephone service, and those of the utility providing electric service, are underground or hereafter may be placed underground, or are to be placed underground by a builder, developer or subdivider as part of a development or subdivision, such that the facilities of both utilities are to be placed underground and no aerial pole lines remain, then the Grantee shall likewise construct, operate and maintain all of its transmission and distribution facilities underground. (b) In new developments or subdivisions the builder, developer or subdivider shall be responsible for the performance of all necessary trenching and backfilling of main line and service trenches, including furnishing of any imported backfill material required. Pre -wiring of new homes by builder while under construction shall be mandatory. Amplifiers and other active electronic equipment in the Grantee's transmission and distribution line may be in concrete boxes, vaults or pedestals on the surface of the around. However, all passives for sub- scriber service taps will be in underground vaults unless other- wise directed by the City. The Grantee will be responsible for the conduct of the engineering and -labor to put the CATV conduit in the trench. The Grantee will be responsible for pulling in the cable, and providing the pedestal amplifiers, electronics, stub ends and drops to individual homes, following completion of 60% of the housing units of each construction phase, and within sixty (60) days after initial occupancy. (c) In Those areas and portions of the City heretofore designated by the City Council as Underground Utility Districts and where utility service facilities are currently located underground, the Grantee shall be responsible for the under - grounding of CATV facilities, including the performance of all necessary trench3 and backfilling of mair ine and service trenches, and the furnishing of any importers "backfill material required. Amplifiers and other active electronic equipment in the Grantee's transmission and distribution lines may be in concrete boxes, vaults or pedestals on the surface of the ground. However, all passives for subscriber service taps will be in underground vaults unless otherwise directed by the City. (d) City Ordinance No. 1210 and Chapter 6.48 of the City Municipal Code address the regulations and procedures for removal of overhead utility and CATV facilities and the installa- tion of underground facilities in those areas or portions of the City that may be designated by Council as Underground Utility Districts. Previously installed aerial cable shall be under - grounded by Grantee in concert, and on a cost-sharing basis, with utilities pursuant to the general ordinances of the City or applicable State law, or in the event ••uch action shall be taken by all utilities on a voluntary basis. SECTION 8. Emergency Power. Emergency power sources shall be provided by the Grantee at the headend, processing hub, and other system locations as may be necessary to guarantee that in the event of a power failure on any part of the system, service will be maintained on the rest of the system. SECTION 9. Line Extension. Grantee shall extend service into new subdivisions, developments and any areas newly annexed or incorporated into the City having thirty (30) or more dwelling units per strand mile of plant for the normal installation fee. In those areas where the number ofdwelling units per strand mile is less than thirty, Grantee will provide cable service on a pro -rata sharing of the installation costs with the potential subscriber( -s). Grantee will bear .its pro -rata share of the then current mile of plant construction cost based on a multiple of the actual number of potential subscribers per -mile divided by thirty (30). The remaining construction cost will be borne on a pro- rated basis by each cable television applicant committing to service within the extension area. Mileage will be measured from the nearest point on the nearest trunk line. Example: If it requires one mile of plant extention at $12,000 per mile of construction to serve fifteen potential subscribers, Grantee would pay $12,000 x 15 ! 30, or $6,000 as its share of the extension cost. The remaining $6,000 cost would be divided equally among the fifteen committed subscribers or each would pay a $400 installation fee assuming all fifteen became sub- scribers. The above formula applies to individual installation distances of 150 feet or less. For distances in excess of 150 feet, there may be an additional charge on a time and materials basis. - SECTION 10. Standards of Operation. The standards governing operation of .the cable television system adopted by the City Council by Resolution No. 81-44 is by this reference incorporated herein. - 7 - SECTION 11. Customer Service Rules and Regulations. Customer service ruses and regulations for the cable television system adopted by Resolution No. 81-44 are by this reference incorporated herein. The City reserves the right to further regulate the conduct of the Grantee in regard to the privacy and property rights of private citizens. Such regulations may include but are not limited to the security of all records maintained by the Grantee containing privacy sensitive infor- mation, personnel practices relating to such records and any other matters related to privacy and individual rights. SECTION 12. System Outage and Subscriber Complaint Service. (a) The Grantee will maintain a Subscriber Complaint Service operated from Grantee's Burlingame office, and qualified techni- cians will be permanent members of the Burlingame staff. (b) Routine handling of.customer service requests will be the responsibility of the local staff as follows: (1) A call involving loss of reception on all channels will be dispatched to the field immediately via two-way radio. If the loss of reception on all channels affects five (5) or more customers, at any time of day or night, repairs will be commenced immediately and pursued diligently. Total loss of reception involving less than five (5) custo- mers will be corrected on the same day received except if reported after 2:PM; in which case, correction may be post- poned to the following day. The majority of all outages (total loss of reception on all channels) will be corrected in four (4) to eight (8) hours or less. (2) ThE majority of calls involving degraded reception or single channel outage will be handled on the same busi- ness day if received prior to 2:PDS. In all cases such service calls will be handled no later than the following day. (3) Requests for repairs made after hours or on weekends may be answered by an answering service. Outage calls will be referred immediately to the standby techni- cian for resolution in accordance with Subparagraph (1) above. Calls invc.ving degraded service will be reported by the answering service the next -day. The staff will call the customer to schedule a service call in accordance with Paragraph (2.) above. ' (4) Customers will be notified of the complaint procedure by inclusion of the following text on the Custo- mer Work Order which is left with the customer: —s— Requests for repairs should be made to Capital Cities Peninsula Cable, inc. by calling the main office at any time. Response will be made immediately or on the following day, depending on the severity of the complaint and other cir- cumstances. Subscribers who have so requested repairs but are dissatisfied with services rendered are requested to lodge a written complaint to the system office. 6.48.110 (c) Section 50= Subsection (a) (5) of M4X XXXXX7,XMdt15K XXL%}XIX the Burlingame City Code is hereby amended to read as follows: --"(5) Diaintain a data base, or "log," listing date of consumer complaints, identifying the subscriber and describ- ing the nature of the complaint, and when and what action was taken by the Grantee in response thereto; from the date when the system is first energized said record shall be kept accessible at the Grantee's local office for a period of three (3) years, and shall be available for inspection during regular business hours, without further notice or demand by the City Manager or any other duly authorized representative of the City." (d) The Grantee will not be responsible for problems created by subscribers or for problems with subscriber --owned equipment._ The subscriber must allow the service technicians access to the problem if located on the subscriber's property, or forfeit any refund due for service outage. SECTION 13, Local Origination and Access. (a) The Grantee shall provide and maintain on a permanent loan basis a Local Origination and Access Studio at a. centrally located position within the City of Burlingame. Location of the studio to be approved by appropriate municipal :°uthorities as required in Section 4 herein. (b) The Grantee shall provide, install, maintain and replace as necessary on a permanent loan basis a Local Origina- tion and "Access video System at the Burlingame Local Origination and Access Studio as proposed in the Grantee's application for franchise. In addition to the.audio-video origination/access equipment proposed therein, Grantee shall provide and maintain on a permanent loan basis at the Burlingame Local Origination and Access Studio a film chain and portable colorized character generator with typewriter keyboard, all compatible with and of quality standards equivalent to other studio equipment provided. - 9 - (c) The Grai.:,.ee shall make the v idea uipment available on a free rental basis t.o residents provided the follo�ring: (1) (2) Grantee may charge a reasonable deposit for the safe return of portable equipment. to said equipment. (3) Said equipment sha7.l he available to residents on a '°check --out" basis, arxd Grantee shall be given reason- able notice by a resident who wishes to use said equipment. (4) Residents may not use the equipment for longer than a reasonable period of time, nor more frequently than is reasonable. (5) Grantee may deny use of said egaipment to any -- resident who, in the judgment of Grantee, is not com�ate;:.'i %n the care or use of said equipment. (6) Grantee shall hold harmless the City from any damages resulting from tide use of Local Origination and Access Studio and portable equipment, excluding the use by City employees in City authorized efforts. (d) Grantee shall provide time by its staff, upon reasonable notice, for training in the use of said portable video equipment: This training shall, at a minirnam, be available at the Burlingame Local Origination -and Access Studio and public elementary schools and public junior and senior high. schools. Grantee may group potential users of said equipment into. training classes .f or efficient use of Grantee's and user's time. (e) Additional lacal access channels will be activated iahen any of the channels stipulated in Grantee's application are in use during eighty percent (80$) of the weekdays (Monday through. Friday) for eighty percent (80�) of the time during any consecu- tive three (3) hour period for six (G) consecutive weeks.. (f) The City reserves the right -to form a Cable Television Advisory -Board for the purpose of promoting and administering all Community Access channels except as preempted by the City - Council_, State or Federal authorities. Subject to the approval of the City Manager, the Grantee shall enter into an agreement or contract with the Cable Television Advisory Board of Burlin- . game for support of that Board's responsibilities as addressed in Section 4 herein. L -lo- (2) The user shall be responsible to the Grantee for any loss of or damage to said equipment. (3) Said equipment sha7.l he available to residents on a '°check --out" basis, arxd Grantee shall be given reason- able notice by a resident who wishes to use said equipment. (4) Residents may not use the equipment for longer than a reasonable period of time, nor more frequently than is reasonable. (5) Grantee may deny use of said egaipment to any -- resident who, in the judgment of Grantee, is not com�ate;:.'i %n the care or use of said equipment. (6) Grantee shall hold harmless the City from any damages resulting from tide use of Local Origination and Access Studio and portable equipment, excluding the use by City employees in City authorized efforts. (d) Grantee shall provide time by its staff, upon reasonable notice, for training in the use of said portable video equipment: This training shall, at a minirnam, be available at the Burlingame Local Origination -and Access Studio and public elementary schools and public junior and senior high. schools. Grantee may group potential users of said equipment into. training classes .f or efficient use of Grantee's and user's time. (e) Additional lacal access channels will be activated iahen any of the channels stipulated in Grantee's application are in use during eighty percent (80$) of the weekdays (Monday through. Friday) for eighty percent (80�) of the time during any consecu- tive three (3) hour period for six (G) consecutive weeks.. (f) The City reserves the right -to form a Cable Television Advisory -Board for the purpose of promoting and administering all Community Access channels except as preempted by the City - Council_, State or Federal authorities. Subject to the approval of the City Manager, the Grantee shall enter into an agreement or contract with the Cable Television Advisory Board of Burlin- . game for support of that Board's responsibilities as addressed in Section 4 herein. L -lo- SECTION 14. Emerqency Alert - Audio/Video Override The Grantee shall design and construct the CATV system to provide for a restricted audio simultaneous override of all audio and video channels during emergencies, with override to be placed under City control. The design of the Emergency Alert system is to be submitted to the City Manager for approval prior to con- struction. SECTION 15. Rates and Charges. Pursuant to the provi- sions of. said City Code X XXXXW>0b31AkHXXXXXXN Section 6a48.16o and except as preempted by Federal or State regulations, the Grantee shall charge its subscribers and users the rates and charges approved by the City Council by Resolution No. 81-45 , which is by this reference incorporated herein, and no change in rates and charges may be made without the prior approval of the City Council expressed by resolution, incorporated herein by reference, as part of the franchise. A rate increase will not be requested by the Grantee for two years from the date of acceptance of the franchise. This period shall be reduced one month for every month that construction is completed -ahead of the required completion schedule addressed in Section 6(a). SECTION 16. Franchise Fee. (a) In consideration of the granting and exercise of a franchise to use the streets, as defined in ReEtAiomxxxxxx&xxgfZ }KgXB aX&)qmmxKX Sx(Z(xdo[XX!t.tkxxxXXX,X Chapter 6.48 , for the operation of a cable television system, the Grantee shall pay to the City during the life of the franchise, a franchise fee of three percent (3%) of the Grantee's gross revenues as defined in Subparagraph (a), Section 6.48.150 3gb@p�t=Xy,,XBXof the Burlingame City Code. XRT MXXXXXXXXX (b) The franchise fee payments shall be made to the City Treasurer each fiscal quarter based on estimated revenues with a final fiscal year payment to be submitted with financial statement within 30 days of the end Grantee's fiscal year, reflecting any adjustments of the quarterly estimated payments. All described payments due within 30 days of the end of the subject period. (c) The Grantor shall have the right to inspect all books, records, maps, plans, income tax returns, financial statements, and other like material of the Grantee at any time during normal business hours. SECTION 17; Security Fund and Fait' al Performance Bond. (a) Security Fund: (1) In addition to the indemnification provisions set forth in Section6,48.140 gZtX�xxxXXX,X)g XXXXXXX of. the Burlingame City Lode, within sixty (60) days after the effective date of this Ordinance, the Grantee shall deposit into a bank account or certificate of deposit, established by the Grantor, or provide a bank letter of credit at a banking institution acceptable to Grantor, and maintain on deposit through the period ending sir months after completion of system construction as defined in Section 6, the sum of Two Hundred and Fifty Thousand Dollars ($250,000,00) as security for the faithful performance by it of all provisions of this franchise, and compliance with all orders, permits and directions of any agency of the Grantor having jurisdiction over its acts or defaults under this contract, and the payment by the Grantee of any penalties, claims, liens and taxes due the Grantor which arise by reason of the construction, operation or maintenance of the system. Upon completion of the herein above specified deposit period, all funds, except for Fifty Thousand Dollars ($50,000) thereof, plus accrued interest on deposit in said fund shall be returned to Grantee. The $50,000 will be maintained on deposit throughout the term of the franchise as security of aforesaid faithful performance on the part of Grantee. (2) The Grantee shall be entitled to all interest earned on such account and shall be subject to any interest penalty for early withdrawal, if any are incurred, on account of Grantor's withdrawal of funds. (3) If the Grantee fails, after ten days' notice to pay to the City any taxes due and unpaid.; or, fails to repay to the City within ten (10) days, any damages, costs or expenses which the City shall be compelled to pay by reason of any act or default of the Grantee in connection with this franchise; or; fails after thirty (30) days' notice of each failure by the Grantor to comply with any provision of the franchise which the Grantor reasonably determines can be remedied by expenditure of the security, the Grantor may immediately withdraw the amount tha_reof, with interest and any penalties, from the security fund. Upon such withdrawal, the Grantor shall notify the Grantee of the amount and date thereof, in the form of a affidavit stating the reasons for with- drawal of funds. Within 30 -days after notice to Lt that any amount has been withdrawn by Grant"br`from the security fund, pursuant to Subsection (a) of this Section, the Grantee shall deposit a sum of money sufficient to restore such security fund to the original amount of Two Hundred Fifty Thousand Dollars ($250,000.00), or Fifty Thousand ($50,000.00) if appropriate as set forth in Subsection (1) above. (4) The security fund deposited pursuant to this section shall become the property of the City if the franchise is either cancelled by reason of the default of the Grantee, or revoked for cause. (5) The rights reserved to the Grantor with respect to the security fund are in addition to all other rights of the Grantor whether reserved by this contract or authorized by law, and no action, proceeding or exercise of a right with respect to such security fund shall affect any other right that Grantor may have, (6) Any dispute between Grantor and Grantee concern- ing the withdrawal of funds from the security account by Grantor may be submitted to arbitration by the Grantee, Each party shall select one arbitrator and the two arbi- trators so selected shall select a third, the decision of a majority of the arbitrators shall be final, (b) Faithful Performance Bond: (1} pursuant, to ��45z�KXXXXXX Section 6.48.140 VMAx XXXXXXXX4'jkJvxxxXXXXXrX of the Burlingame Ciiy Code, upon the effective date of the franchise, the Grantee shall furnish proof of the pe -sting of a faithful perfor- mance bond running to the City, with good and sufficient surety approved by the Grantor, in the penal sum of Two Hundred Thousand Dollars ($200,000.00) conditioned that the Grantee shall well and truly observe, fulfill., and perform each term and condition of the franchise. The bond will be both a laborandmaterials payment bond whereunder the Surety promises to pay for the labor and material if the Principal fails to do so, and a performance bond under which the Surety agrees that the Principal will perform all of the franchise terms, not merely for performance of the work of the franchise. Such bond shall be maintained by the Grantee throughout the term of this franchise, and any renewal thereof plus an additional six (6) months thereafter. Provided that upon completion of all construction provided for in Section 7 of this Ordinance, the amount of the original bond shall be reduced by the Grantor,to to One Hundred Thousand Dollars ($100,000.00). SECTION lE. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held illegal, invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause. and phrase hereof, irrespective of the fact that any one or mere section, sub- sections, sentences, clauses, or phrases be declared. illegal, :invalid or unconstitutional. The invalidity of any portion of this Ordinance shall not abate, reduce or otherwise affect. any cansideration or other obligation required of the Grantee of any franchise granted hereunder. SECTION 19. Notices. Every direction, notice, or order to ba served upon.. a Grantee shall be sent to the local office described in Section 1, of City Council of Burlingame Resolution 81--44 establishing rules and regulations and stan- dards of operat:.ans, Every native to be served upon the City shall be delivered, ar sent by certified mail to the City Clerk at: 501 Primrose Road, Burlingame, California 94010. The delivery of such notice shall be deemed to have been at the time of receipt. SECTION 20. Effective Date. The City Clerk shall cause this Ordinance to be published in the manner prescribed below. This Ordinance shall become effective thirty (30) days from and after its adoption; provided, hawever, that the fran- chise granted by this Ordinance shall not become effective unless and until Grantee files written acceptance thereof ar_d an agreement to be bound by and comply with all of the require- ments thereof inr_luding the provision of the indemnifications as set. forth in Sectians 4 and 17 herein. - SECTION 21. Th.e City C1erY, shall cause this Ordinance to be published in the manner prescribed bylaw. PASSED AND ADOPTED by the City Council of the City of . Burlingame, California, this 15th -day of ,lune- 1981, by the following vote: AYES: COUNCILMEMBERS: AMSTRUP,BARTON,MANGINI,MARTIN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: CROSBY ABSTAIN: COUNCILMEMBERS: NONE r' e ^��- w � ATTEST: , �.,.;; ' i)„ • Victor Mangni, Mayor r e yn i , Ca.ty Clerk - 14 - Enacted CITY OP BURLINGAME SUMMARY OF ADOPTED ORDINANCE A;dARDING CABLE TV FRANCHISE TO CAPITAL CITIES PENINSULA CABLE, INC. Pursuant to Government Code Section 36°33,(c)(1) the following is a summary of Ordinance No. 1210 � adopted June 15, 1981 Awards fifteen year franchise for installation and operation of cable television system in City of Burlingame to Capital Cities Peninsula Cable, Inc.; provides for construction guaranties, bonds, con- struction standards, customer service standards; requires undergrounding in areas of other undergrounded utilities. .AYES: COUNCILMEN: Amstrup-Barton-Mangini-Martin N FC• rnr TnTOTr Mn XT_ .. - Proposed CITY OF BURLINGAME SUMMARY OF PROPOSED ORDINANCE AWARDING CABLE TV FRAIQCHISE TO CAPITAL CITIES PENINSULA CABLE, INC. Pursuant to Government Code Section 36933(c)(1) the :following is a summary of proposed Ordinance No. 1210 Awards fifteen year franchise for installation and operation of cable television system in City of Burlingame to Capital Cities Peninsula Cable, Inc.; provides for construction guaranties, bonds, construction standards, customer service standards; requires undergrounding in areas of other undergrounded utilities. Said ordinance was introduced on June 1, 1 a public hearing thereon will be held June 15, 1981- , at 8:00 p.m. at the City Council Chambers, Burlingame City Hall, 501 Primrose Road, Burlingame, California. A certified copy of said proposed ordinance is posted in the City Clerk's office, 501 Primrose Road, Burlingame, 'California. Dated: June 2, 1931 Prepared by JE/ROME F. COLEMAN City Attorney