Ordinance 2776CITY OF ALAEDA ORDINANCE NO. 2776
GRATING A NON-EXCLUSIVE CABLE TELEVISION
FRACHISE RENEWAL TO UNTED CABLE TELEVISION
ALAMDA, INC., d//a TCI CABLEVISION OF ALAMDA FOR
A PERIOD OF FIVE YEARS
WHEREAS , the original franchise, Ordinance 2096 between the
City of Alameda and United Cable Television of Alameda , Inc., aCalifornia Corporation d/b/a TCl Cablevision of Alameda,
hereinafter referred to as
. "
Granteet', has expired and Grantee
timely requested a renewal and,
WHEREAS, the City
encouraged staff to seek
and,
Council of the City of Alameda has
out competition for cable tv services
WHEREAS, the City Council of the City of Alameda authorized
the City Manager to appoint a team to negotiate with Grantee and
develop a new franchise agreement and,
WHEREAS, Grantee will provide Alameda subscribers with access
to a minimum of 36 additional programmed channels through offering
digital video services and,
WHEREAS, Grantee will perform necessary upgrades to the cable
distribution system in order to offer subscribers the new cable
internet services.
WHEREAS, The City of Alameda City Council , having determined
that the financial, legal, and technical ability of the Grantee is
reasonably sufficient to provide services, facilities, and
equipment necessary to meet the future cable-related needs of the
community, desires to enter into this Franchise Agreement with the
Grantee for the construction and operation of a cable system on the
terms set forth herein.
NOW , THEREFORE, BE IT ORDAINED by the Council of the City of
Alameda that:
SECTION 1. Short Title This ordinance shall be known as the
TCl Cablevision of Alameda Franchise Agreement.
SECTION 2. Grant of Franchise This Ordinance is enacted.
pursuant to the authority provided in, and all the provisions,
terms and conditions of Ordinance No. 2065. This Franchise
Agreement, hereinafter referred to as the "Franchise , is betweenthe City of Alameda, a California municipal corporation
hereinafter referred to as "Franchising Authority", and United
Cable Television of Alameda Inc., a California corporation d/b/a
TCI Cablevision of Alameda, hereinafter referred to as "Grantee.
SECTION 3. Definition of Terms For the purpose of this
Franchise, the following terms, phrases, words, and abbreviations
shall have the meanings ascribed to them below. When not
inconsistent with the context, words used in the present tense
include the future tense, words in the plural number include the
singular number, and words in the singular number include the
pI ural number:
A. "Abandon " or "Abandonment" shall mean the surrender,
relinquishment or disclaimer of property or rights to operate
a cable system, or any portion thereof, serving a substantial
geographic area of its customer base, evidenced by
discontinued use for period of at least twelve (12)
consecutive months and lack of any significant evidence of an
intent to resume use of such property.
B. "Basic Cable" is the lowest
includes the retransmission of
signals.
priced tier of service that
local broadcast television
C. "Communications Act " collectively means the
Communications Act of 1934 , the Cable Communications Policy
Act of 1984 and the Cable Television Consumer Protection and
Competition Act of 1992, as amended by the Telecommunications
Act of 1996 and as may be further amended, from time to time.
D. "Cable Services" shall mean (A) the one-way transmissionto subscribers of (i) video programming, or (i i) other
programming service, and (B) Subscriber interaction , if any,
which is required for the selection or use of such video
programming or other programming.
E. "Cable System" shall mean a facility, consisting of a set
of closed transmission paths and associated signal generation
reception , and control equipment that is designed to provide
Cable Service which includes video programming and which is
provided to multiple Subscribers within a community, but such
term does not include (A) a facility that serves only to
retransmi t the television signals of one or more television
broadcast stations (B) a facility that serves Subscribers
without using any Public WaYi (C) a facility of a common
carrier which is subj ect, in whole or in part, to the
provisions of title II of the Communications Act , except that
such facility shall be considered a Cable System (other than
for purposes of Section 621 (c)) to the extent such facility
would not be covered by Title II of the Communications Act
(D) an open video system that complies with Section 653 of
title VI of the Communications Act or (E) any facilities of
any electric utility used solely for operating its electricutility system.
F. "FCC" means Federal Communications
successor governmental entl ty ther eto.
Commission,
G. "Franchise" shall mean the initial authorization, or
renewal thereof, issued by the Franchising Authority, whether
such authorization is designated as a franchise, permit,
license, resolution contract, certificate, or otherwise,
which authorizes construction and operation of the Cable
System.
H. "Franchising Authority" means the City
California municipal corporation , or the lawful
transferee, or assignee thereof.
Alameda,
successor,
I. "Grantee" means United Cable Television of Alameda , Inc.
a California corporation d/b/a TCI Cablevision of Alameda, orthe lawful successor, transferee, or assignee thereof.J. "Gross Revenues" mean all revenues received by the
Grantee, or any person or affiliate that provides cable
service through the operation of the cable system, to provide
cable service. Gross revenues include, but are not limited tofees charged subscribers for basic service; fees charged
subscribers for any optional, premium , per-channel or per-
program service; fees charged subscribers for any tier of
service other than basic service; installation , disconnection
re-connection and change- in-service fees leased access fees
revenue from converter rentals; advertising revenues; revenues
from home shopping channels; revenue from the sale, exchange
or cablecast by the Grantee of any programming developed on or
for access channels or institutional users; revenue from any
other one way or two way communications activity not otherwise
exempt under state or federal law. Gross revenues shall be
the basis for computing the franchise fee imposed pursuant to
Section 5 hereof. Gross revenues shall not include any taxes
on services furnished by the Grantee which are imposed upon
any subscriber or user by the state, county, city or other
governmental unit and collected by the Grantee on behalf of
said governmental unit, not including the franchise fee, and
which the Grantee passes on in full to the applicable tax
authority ' or authorities, nor shall it include amounts
collected from subscribers for support of public, education,
and government access.
K. "Person " means an individual
, .
partnership,
j oint stock company, trust, corporation, or
entity.
association
governmental
L. "Public Way" shall mean the surface of , and the space
above and below , any public street, highway, freeway, bridge,
land path, alley, court, boulevard, sidewalk, parkway, way,
lane, public way, drive, circle, or other public right-of-way,
including, but not limited to, publ ic utility easements,
dedicated utility strips, or rights-of-way dedicated for
compatible uses and any temporary or permanent fixtures or
improvements located thereon now or hereafter held by the
Franchising Authority in the Service Area which shall entitle
the Franchising Authority and the Grantee to the use thereof
for the purpose of installing, operating, repairing, and
maintaining the Cable System. Public Way shall also mean any
easement now or hereafter held by the Franchising Authority
within the Service Area for the purpose of public travel , or
for utility or public service use dedicated for compatible
uses, and shall include other easements or rights-of-way as
shall within their proper use and meaning entitle the
Franchising Authority and the Grantee to the use thereof for
the purposes of installing and operating the Grantee I s Cable
System over poles, wires, cables, conductors, ducts , conduits,
vaults, manholes, amplifiers, appliances, attachments, and
other property as may be ordinarily necessary and pertinent to
the Cable System.
M. "Service Area" means the present municipal boundaries of
the Franchising Authority, including that area formerly knownas the Alameda Naval Air Station (NAS), and the FleetIndustrial Supply Center (FISC) and shall include any
additions thereto by annexation or other legal means.
Subscriber"
services the
means a Person
Cable System with
who
the
lawfully
Grantee I
receives
express
permission.
SECTION 4 Grant of Franchise
4 . 1 Grant . The Franchising Authority hereby grants to the Grantee
a nonexclusive Franchise which authorizes the Grantee to construct
and operate a Cable System in , along, among, upon, across, above,
over , under , or in any manner connected with Public Ways within the
Service Area and for that purpose to erect, install, construct,
repair, replace, reconstruct, maintain, or retain in, on , over
under , upon , across, or along any Public Way and all extensionsthereof and additions thereto, such poles wires, cables,conductors, ducts, conduits, vaults manholes, pedestals,
amplifiers, appliances, attachments, and other related property or
equipment as may be necessary or appurtenant to the Cable System.
Nothing in this Franchise shall be construed to permit the
Franchising Authority to restrict or limit Grantee s right to offer
any service over its Cable System in a manner which is prohibited
under federal or state law.
Term . The Franchise granted hereunder shall be for an initial
term of five (5) years commencing on the effective date of the
Franchise as set forth in Section 11.9, below, unless otherwise
lawfully terminated in accordance with the terms of this Franchise.
Extension of F anchise Franchising Authority may at its
sole discretion upon the conclusion of the five (5) year term
grant a one time 5 year extension of this Franchise to the Grantee,
provided that all terms and conditions of this Franchise have been
met.
SECTION 5 Standards of Service
Conditions of Street Occupancy All transmission and
distribution structures, poles, other lines, and equipment
installed or erected by the Grantee pursuant to the terms hereof
shall be located so as to cause a minimum of interference with the
proper use of Public Ways and with the rights and reasonable
convenience of property owners who own property that adj oins any
such Public Ways.
Restoration of public Ways If during the course of the
Grantee I construction, operation, or maintenance of the Cable
System there occurs a disturbance of any Public Way by the Grantee,
it shall, at its expense, replace and restore such Public Way to a
condition reasonably comparable to the condition of the Public Way
existing immediately prior to such disturbance. Repairs must be
made in accordance with current City specifications.
Relocation at Request of the Franchising Authority Upon its
receipt of reasonable advance notice, which notice shall not be
less than fifteen (15) business days, the Grantee shall , at its own
expense, protect, support, temporarily disconnect, relocate in the
Public Way, or remove from the Public Way, any property of the
Grantee when lawfully required by the Franchising Authority by
reason of traffic conditions, public safety, street abandonment,
freeway and street construction, change or establishment of street
grade, installation of sewers, drains, gas or water pipes, or any
other type of structures or improvements by the Franchising
Authority provided, however, the Grantee shall not be required to
pay for any relocation, or removal of any of its property or the
restoration of the Public Ways due to the relocation or removal of
any of its property which may be solely related to the
construction, installation, and maintenance of a municipally owned
or funded cable and/or telecommunications system(s). The Grantee
shall in all cases have the right of Abandonment of its property.
If public funds are available to any Person using such street,
easement, or right of way for the purpose of defraying the cost of
any of the foregoing, Grantee may make application for such funds
on its own behalf.
Relocation at Request of Third Party The Grantee shall, on
the request of any Person holding a building moving permit issued
by the Franchising Authority, temporarily raise or lower its wires
to permit the moving of such building, provided: (a) the expense of
such temporary raising or lowering of wires is paid by said Person,incl uding, if required by the Grantee, making such payment in
advancei and (b) the Grantee is given not less than fifteen (15)
business days advance written notice to arrange for such temporary
wire changes.
Trimming of Trees and Shrubbery . The Grantee shall have the
authori ty to cause the trimming of trees or other natural growth
overhanging any of its Cable System in the Service Area so as to
prevent branches from coming in contact with the Grantee I s wires,
cables, or other equipment. The Grantee shall use the Franchising
Authority fiscal year contractor for all tree and shrubbery
trimming activities within the public right of way. Grantee shall
be billed directly by the fiscal year contractor for all requested
tree or shrubbery trimming at an amount not to exceed the amount
charged to the Franchising Authority. Grantee shall direct all
requests for tree or shrubbery trimming ,within the public right of
way to the public works service center of the Franchising Authority
and any such request shall be processed and scheduled within three
days.
Safety Requirements . Construction , installation and
maintenance of the Cable System shall be performed in an orderly
and workmanlike manner. All such work shall be performed in
accordance with applicable FCC or other federal, state, and local
regulations and the National Electric Safety Code.
Aerial and Underground Construction In those areas of the
Service Area where all of the transmission or distributionfacilities of the respective public and municipal utilities
providing telephone and other communications and electric services
are underground, the Grantee likewise shall construct, operate, and
maintain all of its transmission and distribution facilities
underground; provided that Grantee can establish to Franchise
Authority satisfaction that such facilities are not actually
capable of receiving the Grantee I cable and other equipment
without significant technical degradation of the Cable System I
signal quality. In those areas of the Service Area where the
transmission or distribution facilities of the respective publicand municipal utilities providing telephone and other
communications, and electric services are both aerial and
underground, the Grantee shall have the sole discretion to
construct, operate, and maintain all of its transmission and
distribution facilities, or any part thereof aerial
underground. Nothing contained in this Section shall require the
Grantee to construct, operate, and maintain underground any ground-
mounted appurtenances such as Subscriber taps, line extenders,
system passive devices (splitters, directional couplers) ,
amplifiers, power supplies, pedestals, or other related equipment.In the event technology advanced to allow active devices
underground, the Grantee may, in its sole discretion, exercise such
option. Notwithstanding anything to the contrary contained in this
Section 5.7, in the event that all of the transmission or
distribution facilities of each of the respective public and
municipal utilities providing telephone and other communications
and electric services are placed underground after the effective
date of this Franchise, the Grantee shall only be required to
construct, operate, and maintain all of its transmission and
distribution facilities underground if it is given reasonable
notice and access to the public and municipal utilities I facilities
at the time that such are placed underground.
A. New Developments The Franchising Authority shall
provide the Grantee with written notice of the issuance of buildingor development permits for planned commercial/residential
developments within the Service Area requiring undergrounding of
cable facilities. The Franchising Authority agrees to require as
a condition of issuing the permit where such condition can be
lawfully imposed that the developer give the Grantee access to open
trenches for deployment of cable facilities and prior written
notice of the date of availability of trenches. Such notice must
be received by the Grantee at least ten (10) business days prior to
such availability. The Grantee shall be responsible for
engineering, deployment labor, and cable facilities. Installation
of trench from utility easements to 'individual homes or other
structures shall be at the cost of the home/building owner or
developer unless otherwise provided.
B. Local Improvement District If an ordinance is adopted
creating a local improvement district which involves placing
underground certain utilities including that of the Grantee which
are then located overhead, the Grantee shall participate in such
underground proj ect and shall remove poles, cables and wires from
the surface of the streets within such district and shall place
them underground in conformity with the requirements of the
Franchising Authority. The Grantee may include its costs of
relocating facilities associated with the undergrounding project insaid local improvement district in its Subscriber's bills if
allowed under applicable Federal Rate Regulations.
C. Existing Non-Conforming Conditions . Any existing aerial
cable plant that is currently located in or crossing a non-aerial
street, artery or underground district where Grantee is the onlyentity that is still maintaining an aerial cable distribution
system shall be placed underground within the first six months of
this franchise renewal.
D. Environmental Contamination The Grantee shall be under
no obligation to provide Cable Service to any location that may
require any environmental remediation or clean-up prior to any
construction, installation or maintenance of the Cable System.
Grantee shall be responsible to any third parties for any iability
which Grantee may incur under State or Federal environntental orsafety laws. However , Franchising Authority agrees not to sue
Grantee directly or join Grantee into any suit for environmental
liability unless Grantee is a cause of such liability.
Required Extensions of Service The Cable System
constructed as of the effective date of the Franchise,substantially complies with the material provisions hereof.
Whenever the Grantee shall receive a request for Cable Service from
at least 15 residences and/or commercial establishments within 1320
cable-bearing strand feet (one-quarter cable mile) of its trunk ordistribution cable, it shall extend its Cable System to such
Subscribers at no cost to said Subscribers for Cable System
extension other than the usual connection fees for all
Subscribers provided that such extension is technically feasible,
or as provided for under Section 5.9 of this Franchise.
Subscriber Charges for Extensions of Service No Subscribershall be refused service arbitrarily. However for unusual
circumstances, such as a Subscriber I s request to locate his/her
cable drop underground, existence of more than 150 feet of distance
from distribution cable to connection of service to Subscribers, ordensity of less than 15 residences and/or commercial
establishments per 1320 cable-bearing strand feet of trunk or
distribution cable, service may be made available on the basis ofcapital contribution in aid of construction including and
limited to cost of material, labor, and easements. For the purposeof determining the amount of capital contribution in aid
construction to be borne by the Grantee and Subscribers in the area
in which service may be expanded, the Grantee will contribute an
amount equal to the construction and other costs per mile
multiplied by a fraction whose numerator equals the actual numberof requesting residences or commercial establishments per 1320
cable-bearing strand feet of its trunks or distribution cable, and
whose denominator equals 15 residences and/or commercial
establishments. Subscribers who request service hereunder will
bear the remainder of the construction and other costs on a pro
rata basis. The Grantee m?iY require that the payment of the
capital contribution in aid of construction borne by such potential
Subscribers be paid in advance.
ActualConstruction Subscribers
ran ee ontr1. ut1.0n= miles
10 Service to Public Buildings . The Grantee shall, upon request,
provide without charge, one outlet of Basic Service to those
Franchising Authority offices, fire station (s), police station (s) ,
and school building (s) as set forth in Exhibit A, attached hereto
and made a part hereof. In order to accommodate the relocation of
City facilities, the Grantee shall provide within six (6) months
of the effective date of this Franchise one outlet of Basic Service
to all newly relocated City facilities as set forth in Exhibit
attached hereto and made a part hereof. The outlets of Basic
Service shall not be used to distribute or sell services in or
throughout such buildings, nor shall such outlets be located in
areas open to the public. The Franchising Authority shall take
reasonable precautions to prevent any use of the Grantee s Cable
System in any manner that results ip the inappropriate use thereof
or any loss or damage to the Cable System. Users of such outlets
shall hold the Grantee harmless from any and all liability or
claims arising out of their use of such outlets, including but not
limited to, those arising from copyright liability. If additional
outlets of Basic Service are provided to such buildings" the
building owner shall pay the usual installation fees associated
therewith, including, but not limited to, labor and materials. The
implementation of the drop policy shall not be interpreted as \ non-
capital payments ' requiring or allowing Grantee to offset the costs
against the franchise fee. Nothing in this Section will relate to
construction costs exceeding $5,000 per location, associated with
installation of Cable Service to the Animal Shelter, Fire Station
No.5, Bay Farm Library and Interim Library, as set forth in
Exhibi t A.
11 Emergency UseA. In accordance with and at the time required by the
provisions of FCC Regulations Part 11, subpart D Section
11.51 (g) (1), and as such provisions may from time to time be
amended, the Grantee shall install, if it has not already done so,and maintain an Emergency Alert System (EAS) for use in
transmitting Emergency Act Notifications (EAN) and Emergency Act
Terminations (EAT) in local and state-wide situations as may be
designated to be an emergency by the Local Primary (LP), the State
Primary (SP) and/or the State Emergency Operations Center (SEOC),
as those authorities are identified and defined within FCC Reg.
Section 11.51. Grantee will activate return plant , provide
modulation equipment, and purchase and install necessary switching
equipment to enable live video feeds to the cable system
emergency alert system directly from the City s Main Emergency
Operations Center.
B. The Franchising Authority shall permit only appropriately
trained and authorized persons to operate the EAS equipment andshall take reasonable precautions to prevent any use of the
Grantee s Cable System in any manner that results in inappropriate
use thereof, or any loss or damage to the Cable System. In the
event the Grantee provides emergency use equipment , the Grantee
shall upon request, periodically provide training on saidequipment. Except to the extent expressly prohibited by law , the
Franchising Authority shall hold the Grantee, its employees,
officers and assigns harmless from any claims arising out of the
emergency use of its facilities by or for the Franchising
Authority, including, but not limited to, reasonable attorneys
fees and costs, provided that such claims were not due to any
negl igence on the part of the Grantee.
12 Customer Service Standards
Cable System Office Hours and Telephone Availability
(1) Throughout the term of this Franchise, the Grantee
must maintain a local office location. The office must be open
during Normal Business Hours as defined herein and accessible for
customers to make payments and exchange, return or pick up cable
equipment. When there are two or more customers waiting for
service at the public counter, another customer service
representative will be called to the counter to assist when ever
one is reasonably available.
(2) The Grantee will maintain a local
collect call telephone access line which will be
Subscribers 24 hours a day, seven days a week.
toll-free or
available to
(i) Trained representatives
will be available to respond to customer telephone
Normal Business Hours.
of the Grantee
inquiries during
(ii) After Normal Business Hours, an access
line will be available to be answered by a service or an automated
response system , including a phone answering system. Inquiries
received after Normal Business Hours must be responded to by a
trained representative of the Grantee on the next business day.
(3) Under Normal Operating Conditions, as defined
herein, telephone answer time by a trained representative of the
Grantee, including wait time, will not exceed thirty (30) seconds
when the connection is made. If the call needs to be transferred,
transfer time will not exceed thirty (30) seconds. These standards
will be met no less than 90 percent of the time under Normal
Operating Conditions, as measured by the Grantee on a quarterly
basis.
(4) The Grantee shall not be required to acquire
equipment or perform surveys to measure compliance with the
telephone answering standards set forth above unless an historical
record of complaints indicates a clear failure to comply with such
standards.
(5) Under Normal Operating Conditions, the customer
will receive a busy signal less than three (3) percent of the time.
(6) Customer service center and bill payment locations
will be open at least during Normal Business Hours and will be
conveniently located.
(7) Grantee shall maintain a data base, or log,
listing date of customer complaints identifying the subscriber and
describing the nature of the complaint, and when and what action
was taken by the Grantee in response thereto. Said records shall
be kept accessible at the Grantee s local office and be accurate
for a period of three years.
B. Installations, outages and service calls Under Normal
Operating Conditions , each of the following standards will be met
no less than ninety five (95) percent of the time, as measured by
the Grantee on a quarterly basis:
(1) Standard installations will be performed within
seven (7) business days after an order has been placed. "Standard"
installations are those installations that are located up to 125
feet from the existing distribution system.
(2) Excluding conditions beyond its control, the
Grantee will begin working on Service Interruptions , as defined
herein:(i) Immediate response and priority correction
of an outage affecting a critical circuit as designated by the
Grantor.(ii) A call involving loss of reception on all
channels will be dispatched to the field immediately. If the loss
of reception on all channels affects five (5) or more customers,
any time of the day or night, repairs will be commenced immediately
and pursued diligently. Total loss of reception involving less
than five (5) customers will be corrected on the same day received
except if reported after 9: 00 p. in which case, correction may
be postponed to the following day. The maj ority of all outages
(total loss of reception on all channels) will be corrected in four
(4) to eight (8) hours or less.
(iii). The majority of calls involving degraded
reception or signal channel outage will be handled on the same
business day if received prior to 9:00 m. In all cases such
service calls will be handled no later than the following day.
(3) The Grantee will provide appointment window"
al ternati ves for installations, service calls, and other
installation activities, which will be either a specific time or,
at maximum, a four (4) hour time block during Normal Business Hours
(Grantee may schedule service calls and other installation
activities outside of Normal
convenience of the customer) .
Business Hours for the express
(4) The Grantee shall not cancel an appointment with
a Subscriber after the close of business on the business day prior
to the scheduled appointment.
(5) If a representative of the Grantee is running late
for an appointment with a Subscriber and will not be able to keep
the appointment as scheduled, the Subscriber will be contacted.
The appointment will be rescheduled, as necessary, at a time which
is convenient for the Subscriber.
Communications between the Grantee and Subscribers.
(1 )Notifications to Subscribers:a. The Grantee shall provide written information on
each of the following areas at the time of installation of service,
at least annually to all Subscribers, and at any time upon request:
products and services offered;ii. prices and options for services and conditions of
subscription to programming and other services
iii.installation and service maintenance policies
iv.instructions on how to use the service v. channel positions of programming carried on the
Cable Systemi and
vi. billing and
address and telephone number
cable office.
complaint procedures, including the
of the local Franchising Authority I
b. Customers will be notified of any changes inrates, programming services or channel positions as soon as
possible through announcements on the Cable System and in writing.
Notice will be given to Subscribers a minimum of thirty (30) days
in advance of such changes if the change is within the control of
the Grantee. In addition , the Grantee shall notify Subscribers
thirty (30) days in advance of any significant changes in the other
information required by the preceding paragraph. Notwithstanding
anything to the contrary in this Section 4., the Grantee shallnot be required to provide prior notice of any rate change
resul ting from a regulatory fee, franchise fee, or any other fee,tax, assessments, or charge of any kind imposed by any Federal
agency, State or Franchising Authority on the transaction between
the Grantee and the Subscriber. If Subscribers decrease their level
of cable service as a result of an increase in cable rates wi thinthirty (30) days of such increase, then the Subscriber may not be
charged for such decrease in service. All notices to Subscribers
regarding rate increases will advise Subscribers of such
information.
(2 )Billing:
a. Bills will be clear, concise and
understandable. Bills will be fully itemized, with itemizations
including, but not limited to, basic and premium service charges
and equipment charges. Bills will also clearly delineate all
activity during the billing period , including optional charges,
rebates and credits.
b. In case of a billing dispute, the Grantee
respond to a written complaint from a Subscriber within thirty
days from receipt of the complaint.
will
(30 )
c. Refund checks will be issued promptly, but no
later than either (i) the Subscriber's next billing cycle following
resolution of the request or 30 days, whichever is earlier, or (ii)
the return of the equipment supplied by the Grantee if service is
terminated .
d. Credits for service will bethan the Subscriber I s next billing cycle
determination that a credit is warranted.
issued no later
following the
(3) Definitions For purposes of this Section 5.
the following definitions shall apply:
a. Normal Business Hours The term
Business Hours" means those hours during which most
businesses in the community are open to serve Subscribers.
"Normal
similar
In all
cases, "Normal Business Hours" shall include some evening hours at
least one night per week and/or some weekend hours. "Normal
Business Hours " shall be no less than a nine (9) hour period on any
business day which falls on any weekday Monday through Friday, and
a five (5) hour period on any Saturday. The Grantee will notifyits Subscribers and the Franchising Authority of its Normal
Business Hours.
b. Normal Operating Conditions - The term "Normal
Operating Conditions" means those service conditions which are
within the control of the Grantee. Those conditions which are not
within the control of the Grantee include, but are not limited to,
natural disasters , civil disturbances, power outages, telephone
network outages, and severe or unusual weather conditions. Those
conditions which are ordinarily within the control of the Grantee
include, but are not limited to, special promotions, pay-per-view
events, rate increases, regular peak or seasonal demand periods,
and maintenance or upgrade of the Cable System.
c. Service Interruption The
interruption" means the loss of picture or sound
channe 1 s .
term service
on one or more
Common Carrier Limitation - The Grantee shall not be required to
provide any service if the provision of such service subj ects the
Grantee to regulation by any governmental agency such as a utility
or common carrier.
SECTION 6 Regulation by the Franchising Authority
Franchise Fee.
A. The Grantee shall pay to the Franchising Authority a
franchise fee equal to five (5) percent of Gross Revenues (as
defined in Section 3 of this Franchise) received by the Grantee
from the operation of the Cable System to provide Cable Services on
an annual basis; For the purpose of this Section 6.1, the 12 -month
period applicable under the Franchise for the computation of the
franchise fee shall be a calendar year. The franchise fee payment
shall be due quarterly and payable forty-five (45) days after the
close of the preceding quarter. Late fees may not be applied
except and unless the fourth quarter payment, or any other
quarterly payment due that year , is paid beyond forty-five (45)
days after the conclusion of the calendar year. Each payment shallbe accompanied by a brief report from a representative of the
Grantee showing the basis for the computation.
B. Limitation on Franchise Fee Actions. The period of
limitation for recovery of any franchise fee payable hereundershall be five (5) years from the date on which payment by the
Grantee is due. Unless the Franchising Authority initiates a
lawsuit for recovery of such franchise fees in a court of competent
jurisdiction , or provides Grantee with written notice within five
(5) years from and after such payment due date, such recovery shall
be barred and the Franchising Authority shall be stopped from
asserting any claims whatsoever against the Grantee relating to any
such alleged deficiencies.
Rates and Charges The Franchising Authority may regulate
rates for the provision of Basic Cable and equipment as permitted
by applicable law , including City of Alameda Ordinance No. 2660.
Renewal of Franchise
A. The Franchising Authority and the Grantee agree that
any proceedings undertaken by the Franchising Authority that
relate to the renewal of the Grantee's Franchise shall be
governed by and comply with the provisions of Section 626 of the
Communications Act, as amended, unless the procedures and
substantive protections set forth therein shall be deemed to be
preempted and superseded by the provisions of any subsequent
provision of federal or state law.
B. In addition to the procedures set forth in Section
626 (a) of the Communications Act, the Franchising Authority
agrees to notify the Grantee of all of its assessments regarding
the identity of future cable-related community needs and
interests, as well as, the past performance of the Grantee under
the then current Franchise term. The Franchising Authority
further agrees that any such assessments shall be provided to the
Grantee promptly so that the Grantee has adequate time to submit
a proposal under Section 626 (b) of the Communications Act and
complete renewal of the Franchise prior to the expiration of its
current Franchise term. Notwithstanding anything to the contrary
set forth in this Section 6.3, the Grantee and the Franchising
Authority agree that at any time during the term of the then
current Franchise, while affording the public appropriate notice
and opportunity to comment, the Franchising Authority and the
Grantee may agree to undertake and finalize informal negotiations
regarding renewal of the then current Franchise and the
Franchising Authority may grant a renewal thereof. The Grantee
and the Franchising Authority consider the terms set forth in
this Section 6.3 to be consistent with the express provisions of
Section 626 of the Communications Act.
Conditions of Sale If a renewal or extension of the
Grantee's Franchise is denied or the Franchise is lawfully
terminated, and the Franchising Authority either lawfully
acquires ownership of the Cable System or by its actions lawfully
effects a transfer of ownership of the Cable System to another
party, any such acquisition or transfer shall be at the price
determined pursuant to the provisions set forth in Section 627 of
the Communications Act.
The Grantee and the Franchising Authority agree that in
the case of a final determination of a lawful revocation of the
Franchise, at the Grantee I s request, and with the consent of the
Franchise Authority which shall not be unreasonably with held,
the Grantee shall be given a reasonable opportunity to effectuate
a transfer of its Cable System to a qualified third party. The
Franchising Authority further agrees that during such a period of
time, it shall authorize the Grantee to continue to operate the
Cable System pursuant to the terms of its prior Franchise;
however, in no event shall such authorization exceed a period of
time greater than six (6) months from the effective date of such
revocation. If, at the end of that time, the Grantee is
unsuccessful in procuring a qualified transferee or assignee of
its Cable System which is reasonably acceptable to the
Franchising Authority, the Grantee and the Franchising Authority
may avail themselves of any rights they may have pursuant to
federal or state law; it being further agreed that the Grantee'
continued operation of its Cable System during the six month
period shall not be deemed to be a waiver, nor an extinguishment
, any rights of either the Franchising Authority or the
Grantee.
Transfer of Franchise The Grantee s right, title, or
interest in the Franchise shall not be sold, transferred,
assigned, or otherwise encumbered, other than to an entity
controlling, controlled by, or under common control with the
Grantee, without the prior consent of the Franchising Authority,
which consent not to be unreasonably withheld. Within thirty
(30) days of receiving a request for transfer , the Franchising
Authori ty shall , in accordance with FCC rules and regulations,
notify the Grantee in writing of the information it requires to
determine the qualifications of the transferee. If the
Franchising Authority has not taken action on the Grantee'
request for transfer within one hundred twenty (120) days after
receiving such request, consent by the Franchising Authority
shall be deemed given. Outstanding Franchise Fees shall become
due and payable upon the sale or transfer of the Franchise.
Transfer Fee . Grantee agrees to compensate Franchising
Authority for the reasonable documented costs and expenses of
reviewing any Grantee request for transfer of the Franchise
including all reasonable legal costs, up to $.50 per customer
the aggregate.
SECTION 7 Administration
Books and Records The Grantee agrees that the Franchising
Authority upon reasonable prior written notice to the Grantee may
review such of its books and records at the Grantee s business
office, during normal business hours and on a nondisrupti
basis, as is reasonably necessary to ensure compliance with the
terms of the Franchise. Such records shall include, but shall
not be limited to , any public records required to be kept by the
Grantee pursuant to the rules and regulations of the FCC. The
Grantee shall not be required to provide Subscriber information
in violation of Section 631 of the Communications Act, or
California Penal Code Section 637.
Technical Standards The Grantee shall be responsible for
insuring that the Cable System is designed, installed and
operated in a manner that fully complies with federal law. As
provided in these rules, the Franchising Authority shall have,
upon request, the right to examine a copy of test results and
records required in accordance with such rules.
periodic Review From the effective date of this
Franchise, the Franchising Authority may request Grantee conduct
performance reviews which provide an opportunity to address the
provisions of this Franchise. Such performance reviews shall
occur, upon prior written notice from the Franchising Authority,
at three year intervals during the Term of this Franchise. These
reviews shall not involve a reexamination of this Franchise but
may include consideration of the following:
A. Grantee s compliance with the terms and conditions of
this Franchise.
B. The nature and extent of Customer s complaints and
Grantee ' s effectiveness in responding to the complaints.
The operation , adequacy and quality of services offered
by Grantee.
D. Changes in cable communication technologies and
services and an evaluation of the degree to which the Cable
System and related services conform to the state-of -the-art.E. Changes in state and .federal laws and regulations which
impact the operation of the Cable System.
Ninety (90) days prior to the scheduled review, the City may
require the Grantee to submit a report describing ,Grantee
compliance with this Franchise and any additional information
which is reasonable and appropriate to the scope of the review.
Grantee shall submit the report within sixty (60) days after the
City s written request for such report.
Review of Documents In the event that information is
requested by the Franchising Authority pursuant to Sections 7.
1, or 7.2, in the Franchising Authority will be allowed to
examine information regarding operating practices, technical
performance, and customer response performance as it relates only
to compliance with this franchise. The Grantee is not required
to provide the Franchising Authority with information regarding
Grantee s marketing strategy and/or records related to the
profiles or consumer habits of Grantee s customers.
SECTION 8 Insurance and Indemnification
Insurance Requirements On or before the commencement of
the term of this Agreement, Grantee shall furnish City with
certificates showing the type, amount, class of operations
covered, effective dates and dates of expiration of insurance
coverage in compliance with paragraphs lOA , B , C, D and E. Such
certificates, which do not limit Grantee I s indemnification , shall
also contain substantially the following statement: "Should any
of the above insurance covered by this certificate be canceled or
coverage reduced before the expiration date thereof , the insurer
affording coverage shall provide thirty (30) days I advance
written notice to the City of Alameda by certified mail
Attention: Risk Manager.It is agreed that Grantee shall
maintain in force at all times during the performance of this
Agreement all appropriate coverage of insurance required by this
Agreement with an insurance company that is acceptable to City
and licensed to do insurance business in the State of California.
Endorsements naming the City as additional insured shall be
submitted with the insurance certificates.
A. COVERAGE
Grantee shall maintain the folJ.owing insurance cove.L age:
(1) Workers' Compensation
Statutory coverage as required by the State of
California.
(2 )
following
Liability
Commercial
minimum limits:
general liability coverage in the
Bodily Inj ury:$500,000
each occurrence
$1,000,000
aggregate - all other
Property Damage:$100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with
aggregate limits in the amounts of $1,000 000 will be considered
equivalent to the required minimum limits shown above.
(3 ) Automotive
Comprehensive automotive liability coverage in the following
minimum limits:
Bodily Injury:
Property Damage:
$500 000 each occurrence
$100 000 each occurrence
Combined Single Limit:$500,000 each occurrence
B. SUBROGATION WAIVER
Grantee agrees that in the event of loss due to any of the
perils for which it has agreed to provide comprehensive general
and automotive liability insurance, that Grantee shall look
solely to its insurance for recovery. Grantee hereby grants to
City, on behalf of any insurer providing comprehensive general
and automotive liability insurance to either Grantee or City with
respect to the services of Grantee herein , a waiver of any right
to subrogation which any such insurer of said Grantee may
acquire against City by virtue of the payment of any loss under
such insurance.
C. FAILURE TO SECURE
If Grantee at any time during the term hereQf should fail to
secure or maintain the foregoing insurance, City shall be
permitted to obtain such insurance in the Grantee's name or as an
agent of the Grantee and shall be compensated by the Grantee for
the costs of the insurance premiums at the maximum rate permitted
by law and computed from the date written notice is received that
the premiums have not been paid.
D. ADDITIONAL INSURED
City, its City Council, boards and commissions, officers,
and employees shall be named as an additional insured under all
insurance coverages, except any professional liability insurance,
required by this Agreement. The naming of an additional insured
shall not affect any recovery to which such additional insured
would be entitled under this policy if not named as such
additional insured. An additional insured named herein shall not
be held liable for any premium , deductible portion of any loss,
or expense of any nature on this policy or any extension thereof.
Any other insurance held by an additional insured shall not be
required to contribute anything toward any loss or expense
covered by the insurance provided by this policy.
E. SUFFICIENCY OF INSURCE
The insurance limits required by City are not represented as
being sufficient to protect Grantee. Grantee is advised to
confer with Grantee I s insurance broker to determine adequate
coverage for Grantee.
Indemnification Except for loss, damages, liability,
claims, suits, costs and expenses whatsoever, including
reasonable attorneys I fees, caused solely by the negligence of
the City, its City Council, boards and commissions , officers and
employees, Grantee shall indemnify, defend and hold harmless
Ci ty, its City Council , boards and commissions, officers and
employees from and against any and all loss, damages, liability,
claims, suits, costs and expenses whatsoever , including
reasonable attorneys' fees, regardless of the merits or outcome
of any such claim or suit arising from or in any manner connected
to Grantee's negligent act or omission regarding performance of
services or work conducted or performed pursuant to this
Agreement.
Except for loss, damages, liability, claims, suits, costs
and expenses whatsoever, including reasonable attorneys' fees,
caused solely by the negligence of the City, its City Council,
boards and commissions, officers and employees, Grantee shall
indemnify, defend and hold harmless City, its City Council
boards and commissions , officers and employees from and against
any and all loss, damages , liability, claims , suits, costs and
expenses whatsoever, including reasonable attorneys' fees,
accruing or resulting to any and all persons , firms or
corporations furnishing or supplying work , services , materials
equipment or supplies arising from or in any manner connected to
the Grantee s negligent act or omission regarding performance of
services or work conducted or performed pursuant to this
Agreement.
Enforcement and Termination of FranchiseSECTION 9
Notice of Violation In the event that the Franchising
Authority believes that the Grantee has not complied with the
terms of the Franchise , it shall notify the Grantee in writing of
the exact nature of the alleged noncompliance.
The Grantee's Right to Cure ,or Respond The Grantee shall
have thirty (30) days from receipt of the notice described in
Section 9.1 above: (a) to respond to the Franchising Authority,
contesting the assertion of noncompliance, or (b) to cure such
default, or (c) in the event that, by the nature of default, such
default cannot be cured within the thirty (30) day period
initiate reasonable steps to remedy such default and notify the
Franchising Authority of the steps being taken and the proj ected
date that they will be completed.
public Hearing In the event that the Grantee fails to
respond to the notice described in Section 9.1 above pursuant to
the procedures set forth in Section 9.2 above, or in the event
that the alleged default is not remedied wi thin thirty (30) days
or the date projected pursuant to 9.2 (c) above, the Franchising
Authority shall schedule a public hearing to investigate the
alleged default. Such public hearing shall be held at the next
regularly scheduled meeting of the Franchising Authority which is
scheduled at a time that is no less than five (5) business days
therefrom. The Franchising Authority shall notify the Grantee in
writing of the time and place of such meeting and provide the
Grantee with an opportuni ty to be heard.
Enforcement Subj ect to applicable federal and state law,
in the event the Franchising Authority, after such meeting,
determines that the Grantee is in default of any provision of the
Franchise, the Franchising Authority may:
A. Seek specific
reasonably lends itself
damages;
performance of any provision, which
to such remedy, as an alternative to
B. Commence an action at law for monetary damages or seek
other equitable relief; or
C. In the case of a substantial default of
provision of the Franchise, declare the Franchise
revoked in accordance with the following:
a material
Agreement to be
The Franchising Authority shall give written notice to
the Grantee of its intent to revoke the Franchise on the basis of
a pattern of noncompliance by the Grantee, including one or more
instances of substantial noncompliance with a material provision
of the Franchise. The notice shall set forth the exact nature of
the noncompliance. The Grantee shall have ninety (90) days from
receipt of such notice to object in writing and to state its
reasons for such objection. In the event the Franchising
Authority has not received a satisfactory response from the
Grantee, it may then s ek termination of the Franchise at a
public meeting. The Franchising Authority shall cause to be
served upon the Grantee, at least ten (10) days prior to such
public meeting, a written notice specifying the time and place of
such meeting and stating its intent to request termination of the
Franchise.
At the designated meeting, the Franchising Authority
shall give the Grantee an opportunity to state its position on
the matter , after which it shall determine whether or not the
Franchise shall be revoked. The Grantee may appeal such
determination to an appropriate court, which shall have the power
to review the decision of the Franchising Authority. Such appeal
to the appropriate court must be taken within sixty (60) days of
the issuance of the determination of the Franchising Authority.
The Franchising Authority may, at its sole discretion,
take any lawful action which it deems appropriate to enforce the
Franchising Authority's rights under the Franchise in lieu of
revocation of the Franchise.
Technical Violations The parties hereby agree that it is
not the Franchising Authority s intention to subject the Grantee
to penalties, fines, forfeitures or revocation of the Franchise
for so-called "technical" breach (es) or violation(s) of the
Franchise or local cable ordinance, which shall include but are
not limited to the following:
A. In instances or for matters where a violation or a
breach by the Grantee of the Franchise or local cable ordinance
was good faith error that resulted in no or minimal negative
impact on the Subscribers wi thin the Service Area
B. Where there existed circumstances reasonably beyond the
control of the Grantee and which precipitated a violation by the
Grantee of the Franchise or local cable ordinance, or which were
deemed to have prevented the Grantee from complying with a term
or condition of the Franchise or local cable ordinance.
SECTION 10 Public, Educational and Government Access
10.Minimum PEG Requirements . Cable TV provider operating a
cable distribution system within the jurisdiction of the City of
Alameda shall provide or financially support public, education
and government access to the following minimum requirements:
A. Channels: Reserve a channel to be used solely for
public access and local origination programming. A secondchannel to be used solely for government access and a
third channel for the sole use of the Alameda Unified School
District.
B. Studio: Provide space and resources in a local Alameda
studio sufficient for development of Public Access
programming.
C. Equipment: Grantee will have available sui table
electronic equipment for use by members of the community in
the production, editing or live broadcasting of community
programming and will maintain said equipment in satisfactory
working order.
D. Internships: Offer a minimum of 2 internships per year
in the operation of a public access studio and production of
local origination programming.
E. Classes:
community who
programming.
Offer instructional classes to members of the
are intereb _ed 1.1 producing public ac. -ess
Public Access Use: Accommodate all public access
requests from Alameda residents at the local studio in a
timely manner, not to exceed sixty (60) days from the users
request. The sixty (60) day timeframe shall not include any
period of time during which the public access user is
receiving training for use of the studio and editing
equipment by the Grantee. Accommodation of additional users
may be accomplished through a number .of means including but
not limited to, finding time in the existing schedule,
purchasing additional equipment, constructing or acquiring
additional studio space, increasing equipment training
acti vi ties or any other reasonable method which would
increase the access or ability of the public to produce
local programming wi thin the City of Alameda.
10.Jointly Supported Facilities : The City preserves its right
to construct and operate, or contract for the operation of, a
public access facility. At such time that the City constructs a
public access facility any Grantee operating a cable televisiondistribution system within the City s jurisdiction will connect
that respective head end to the origination point. Provided that
at such time, the City constructs such a facility, the Grantee
will no longer be required to provide Public Access facilities in
the City of Alameda. An EOC or Emergency Operating Center,
not considered an access studio under the terms of this
paragraph.
10.Interconnections : Grantee will continue to provide an
interconnect cable from their head end to the cable studios in
the Council Chambers at City Hall and media Center at Alameda
High School Media Center and the Little Theater at Historic
Alameda High School, and modulators that will support 'live color
broadcasts on the respective channels.
10.Technical assistance.Grantee will, upon request , provide
technical assistance, per special needs, to support the City and
Alameda Unified School District staff with their operation of
their access studio (s) .
10.Community calendar . Grantee will maintain a community
calendar of events and cable cast the calendar on the government
channel, which at the time of this signing is Channel 22. At
minimum, the community calendar will list the following: Ferry
schedules; City/School hotline informatioll; Schedule of public
meetings of both live and rebroadcast events.
10.PEG Support . Grantee will initiate payment, within sixty
(60) days request of the Franchising Authority, an amount equal
to $0.50 per subscriber per month to the City of Alameda s PEG
Access Fund. This obligation for payment will not be effected by
the level of support required to meet the other commitments of
this Chapter. Grantee will not be required to pay such PEG
support based upon subscribers residing in multiple-dwelling
developments which have existing bulk contracts with the Grantee
for Cable Services, unless or until those existing contracts are
renewed.
SECTION 11 Miscellaneous Provisions
11.Actions of Parties In any action by the Franchising
Authority or the Grantee that is mandated or permitted under the
terms hereof , such party shall act in a reasonable , expeditious
and timely manner. Furthermore, in any instance where approval
or consent is required under the terms hereof, such approval or
consent shall be consistent with applicable law , as it exists
from time to time, should be the litmus test of the City
actions.
11.Force Maj eure The Grantee shall not be held in
defaul t under , or in noncQmpliance with, the provisions of the
Franchise, nor suffer any enforcement or penalty relating to
noncompliance or default (including termination , cancellation or
revocation of the Franchise), where such noncompliance or alleged
defaults occurred or were caused by strike, riot, war,
earthquake, flood, tidal wave, unusually severe rain or snow
storm, hurricane, tornado or other catastrophic act of nature,
labor disputes, governmental , administrative or judicial order or
regulation or other event that is reasonably beyond the Grantee
ability to anticipate and control. This provision also covers
work delays caused by waiting for utility providers to service or
monitor their own utility poles on which the Grantee s cable
and/or equipment is attached, as well as unavailability of
materials and/or qualified labor to perform the work necessary.
11.Notice Unless expressly otherwise agreed between the
parties, every notice or response required by this Franchise to
be served upon the Franchising Authority or the Grantee shall be
in writing, and shall be deemed to have been duly given to the
required party five business days after having been posted in a
properly sealed and correctly addressed envelope when hand
delivered or sent by certified or registered mail, postage
prepaid. Notice shall also be deemed received via a properly
transmi tted and confirmed facsimile.
The notices or responses to ,the Franchising Authority shall
be addressed as follows:
Ci ty of Alameda
City Manager s Office
2263 Santa Clara Avenue
Alameda, CA 94501
Wi th copies to:Public Works Department
Cable Television Division
2263 Santa Clara Avenue
Alameda, CA 94501
The notices or responses to the Grantee shall be addressed as
follows:
TCI Cablevision of Alameda
At tn : General Manager
2061 Challenger Drive
Alameda, CA 94501
with copies to:
TCI Cablevision of California , Inc.
At tn: Legal Department
1850 Mt. Diablo Blvd. Suite 200
Walnut Creek , CA 94596
and to:TCI Cablevision of California, Inc.
Attn: Franchising/Government Affairs
4121 Lakeside Drive Suite B
Richmond,CA 94806
The Franchising Authority and the Grantee may designate such
other address or addresses from time to time by giving written
notice to the other.
11.Conflict with Other Enactments If the cable
television enabling Ordinance No. 2065 is amended, superseded or
replaced while this Franchise Agreement is in effect, any such
amended or new enabling ordinance provisions shall apply to
Grantee only to the extent they are enacted by the Franchising
Authority in the exercise of its police powers to protect the
public health , safety and welfare and shall not alter or affect
any contractual or negotiated terms of this Franchise Agreement.
11. 5 Descriptive Headings The captions to Sections
contained herein are intended solely to facilitate the readingthereof. Such captions shall not affect the meaning or
interpretation of the text herein.
Alameda frdraft 01/26/98
11.Severability If any Section, sentence, paragraph,
term, or provision hereof is determined to be illegal , invalid,
or unconstitutional , by any court of competent jurisdiction or by
any state or federal regulatory authority having jurisdiction
thereof, such determination shall have no effect on the validity
of any other Section, sentence, paragraph, term or provision
hereof, all of which will remain in full force and effect for the
term of the Franchise, or any renewal or renewals thereof.
11.Equal Protection If during the term of this Franchise
Agreement or any extension thereof , the Franchise Authority
grants a franchise consent or right to another operator
including an operator which is directly or indirectly owned or
managed by the Franchising Authority, containing a term or terms
more favorable or less burdensome to that operator than those
granted to the Grantee in this Agreement, then Grantee shall have
the right to have those terms incorporated into this agreement,
after good faith negotiations and consent by the franchising
authority. However , nothing in this section shall be construed
to give Grantee any right to waive or relieve itself from the
obligation to pay the full franchise fee as set forth in Section
1 of this Agreement.
If during the term of this Franchise Agreement or any
extension thereof , the Grantee receives a franchise consent or
right from any other Franchise Authority, within the East Bay
region of TCI of California, containing a term or terms more
favorable or less burdensome to the franchising authority, than
those granted to Franchise Authority in this Agreement , then
Franchise Authority shall have the right to have those terms
incorporated into this Agreement, after good faith negotiation
and consent of the grantee.
11. 9 Effective Date This Ordinance shall become effectivethirty (30) days from and after its adoptioni provided however,
that the franchise granted by this Ordinance shall not become
effective unless and until Grantee files written acceptance
thereof and an agreement to be bound by and comply with all of
the requirements thereof as set forth in Exhibit
At test:
City Clerk
City Facilties
City Hall
Animal Shelter
Base ConversionJARR *
Public Works *
Community Development* .
Fire Deparent Headquarters (Station 1)
Station 2
Station 3
Station 4
Station 5*
Training Center
Chuck Carica Golf Complex
Housing Authority
Main Librar A
Children s Library
West End Library
Bay Fann Island Library
Interim Library Location
Police Departent
Maintenance Serices
Central Equipment Garage
Mastick Senior CenterA
Bureau Of Electrcity
City Hall Annex/ecreation *
Schools (AUSD)
Bay Fann Elementa School
Earhar Elementa School
Edison Elementar School
Franklin Elementar School
Haight Elementary School
Longfellow Elementar School
Lum Elementar School
Miler Elementar School
Otis Elementary School
Paden Elementary School
Washington Elementary School
Woodstock Elementary School
Alameda High School
Encinal High School
Island High School
Chipman Middle School
Lincoln Middle School
Wood Middle School
Schools (Private):
Child Unique Montessori
S1. Barnabas School
S1. Joseph Notre Dame High School
S1. Philip Neri School
EXHIBIT A
2263 Santa Clara Ave.
1590 Fortmann Way
Building I Alameda Point
Building 1 Alameda Point
Building 1 Alameda Point
2401 Encinal Ave.
635 Pacific Ave.
1703 Grand S1.
2595 Mecartey Rd.
Building 6 , Alameda Point
1 Clubhouse Memorial Rd.
3 Clubhouse Memorial Rd, (manager s office)
701 Atlantic Ave. (exec. offce)
2264 Santa Clara Ave. ( exec. office)
1429 Oak St.
788 Santa Clara Ave.
3221 Mecartey Rd.
2210 Central Ave.
1555 Oak St.
1616 Fortann Way
2040 Grand St.
1155 Santa Clara Ave.
2000 Grand St.
2250 Central Ave,
200 Aughinbaugh Rd.
400 Packet Landing Rd.
2700 Buena Vista Ave.
1433 San Antonio Ave.
2025 Santa Clara Ave.
500 Pacific Ave.
1801 Sandcreek Way
250 Singleton Ave.
3010 Filmore
444 Central Ave.
825 Taylor Ave.
900 3rd St,
2201 Encinal Ave.
210 Central Ave.
2437 Eagle Ave.
401 Pacific Ave.
1250 Fernside Blvd.
420 Grand S1.
2226 Encinal Ave.
1400 6th S1.
1011 Chestnut
1335 High St.
* Denotes new City facilities. A Denotes a media center location. (Main library media center
to be installed at permanent location.
EXHIBIT U
ACCEPTANCE OF CABLE TELEVISION FRACHISE
United Cable Television of Alameda, Inc. d/b/a TCI
Cablevision of Alameda (hereinafter "Grantee hereby accepts
the nonexclusive Cable Television Franchise granted by the City
of Alameda (hereinafter "Grantor"
).
Grantee agrees to comply
with all of the terms and conditions of Ordinance No.
--
, and
the attachments there to.
Cable Television Franchise accepted this
--
day of
, 1998.
By:
Title:
United Cable Television of Alameda , Inc.
d/b/ a TCI Cablevision of Alameda
, the undersigned , hereby certify that the foregoing Ordinance was duly and regularly adopted
and passed by the Council ofthe City of Alameda in regular meeting assembled on the 6th day of
October 1998 , by the following vote to wit:
AYES:Councilmembers Daysog, DeWitt , Kerr , Lucas and
President Appezzato - 5.
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNSS, WHEREOF , I have hereunto set my hand and affixed the offcial seal of said City
this 7th day of October , 1998.
Diane Felsch, City Clerk
City of Alameda