Ordinance 2930CITY OF ALAMEDA ORDINANCE NO. 2930
New Series
AMENDING ORDINANCE 2806 AN GRATING FNE- YEAR EXTENSION
OF NON-EXCLUSNE CABLE TELEVISION FRACHISE TO
ALAMEDA BURAU OF ELECTRICITY DBA ALAMEDA POWER & TELECOM
WHEREAS , the current franchise, Ordinance 2806 between the City of Alameda andAlameda Bureau of Electricity dba Alameda Power & Telecom (AP&T) hereinafter referred to
as "Grantee , is up for renewal; and
WHEREAS , provisions of the current franchise provide for a one time five year
extension of the franchise agreement provided all terms and conditions of the franchise have
been met; and
WHEREAS , Grantee is committed to continuing its construction schedule so as to be able
to provide services to all of Alameda by June 2005; and
WHEREAS , Grantee has been providing cable communcations services to the citizens of
Alameda under the existing franchise agreement for five years as their construction progressed.
NOW THEREFORE be it ordained by the Council of the City of Alameda that:
Section The . City Council Ordinance finds that the Grantee is substantially in
compliance with the franchise agreement.
Section 2 . The City Council does hereby exercise it's right to extend the existingfranchise with Alameda Bureau of Electricity dba Alameda Power & Telecom (AP&T), for a
second franchise period of five years.
Section 3 . That Section 5.10 of Ordinance 2806 is hereby modified to read:
10 Service to Public Buildings . The Grantee shall, upon request , provide without
charge , one outlet of Basic Service to those Franchising Authority offces , fire station(s), police
station(s), and public school building(s) as set forth in Exhibit A, attached hereto and made a part
hereof. Except that service to all City Hall Offces shall not be limited to one outlet. In
order to accommodate the relocation or new construction of City facilities and public schools
the Grantee shall provide within three (3) months of the effective date of this Franchise to
provide one outlet of Basic Service to all such ne relocated or constructed Gi facilities a&
set forth iil Exhibit B , attached hereto ilnd made a par 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 Franchi ing Authority shall take reasonable
precautions to prevent any use of the Grantee s Telecommunications System in any manner that
results in the inappropriate use thereof or any loss or damage to the Telecommunications 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 arsing from copyright
liabilty. 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 wil relate to constrction costs exceeding $5 000 per location.
Section 4. This ordinance shall be in full force and effect from and after the expiration ofth (30) days frm theda!e pfit fi passage
L- res
Attest:
(FA
Lara Weisiger, City
City 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 a regular meeting assembled on the 17
day of August, 2004 by the following vote to wit:
AYES:Councilmembers Daysog, Gilmore, Kerr , Matarese
and Mayor Johnson - 5.
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNES S , WHEREOF , I have hereunto set my hand and affxed the offcial seal of said City this
18th day of August, 2004.
Lara Weisiger , City cCl rk
City of Alameda