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.
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{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.
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(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.
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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
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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.
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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.
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(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.
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(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.
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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