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Ord04 2275
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Ord04 2275
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Last modified
10/11/2019 2:59:13 PM
Creation date
10/11/2019 2:59:11 PM
Metadata
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Template:
CC Index
CC Index - Document Type
Ordinance
Agency Type
City Council
Date
9/27/2004
Description
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDWOOD CITY APPROVING AN AMENDMENT OF THE FRANCHISE BETWEEN THE CITY OF REDWOOD CITY AND RCN TELECOM SERVICES, INC., FORMERl Y RCN TELECOM SERVICES OF CALIFORNIA, INC. TO CHANGE THE METHOD BY WHICH CONSTRUCTION COMPLIANCE IS REGULATED AND TO PROVIDE FOR THE CREATION OF A MUl TI- JURISDICTIONAL FIBER NETWORK WITHIN REDWOOD CITY AND NEIGHBORING COMMUNITIES.
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<br /> 09/27/2004 <br />WHEREAS, to avoid a similar bankruptcy filing by RCN Telecom Services, Inc. <br />and possible non-compliance with the Franchise, the City was asked to relieve RCN of <br />certain Franchise requirements; and <br />WHEREAS, RCN and the City have reached agreement on three (3) substantive <br />amendments to the Franchise by which: 1) the Franchise expiration date will be <br />shortened should RCN not engage in substantive system construction; 2) for a period <br />of five (5) years, the City will receive liquidated damages in the amount of ten thousand <br />dollars ($10,000) per year for each year in which RCN does not complete significant <br />cable construction as defined in the Franchise; and 3) a multi jurisdictional fiber optic <br />network will be provided along the length of EI Camino Real for participating San Mateo <br />County entities for a period of twenty-five (25) years; and <br />WHEREAS, both the City and RCN desire to expressly reserve all of their <br />respective rights under state and federal law. <br />NOW, THEREFORE, THE COUNCil OF THE CITY OF REDWOOD CITY <br />DOES HEREBY ORDAIN AS FOllOWS: <br />1. That the amendment to the Franchise, attached as Exhibit A and <br /> incorporated by this reference, is hereby approved and the City Manager <br /> is authorized to execute same. <br />2. That this ordinance will be effective thirty (30) days after adoption. <br /> * * * <br />Atty/Ord/Ord.225 2275 <br />090704 2 Muff # 801 <br />, .'.- ....-.._-_._---_..,...,_.~-_........_...~ "" .. .__~. .+~.___N___.__~~_~".___,__..__.'__,·._,~_ <br />
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