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Resolution No. 1258 RESOLUTION NO, 1258 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DECLARING ITS INTENTION TO GRANT A FRANCHISE FOR TRANSMISSION OF TELEVISION BY UNDERGROUND CABLE TO SHAPELL INDUSTRIES, INC, WHEREAS, SHAPELL INDUSTRIES, INC, , a California corporation, has filed with the City Council of the City of Cypress an application requesting that a franchise be granted to it of the character and for the purpose mentioned in the formal notice hereinafter set forth; and WHEREAS, in the opinion of said City Council the public good requires that said franchise be granted. NOW, THEREFORE, BE IT RESOLVED that said City Council intends to grant said franchise, that herein all objections to the granting thereof will be held at the time and place specified in the formal notice hereinafter set forth which City Clerk of said City is hereby directed to publish at least once in the Los Alamitos - Cypress News Enterprise, a newspaper of general circulation within said City within fifteen (15) days after the passage of this Resolution, and that said notice shall be substantially in the following form: "NOTICE OF INTENTION TO GRANT FRANCHISE FOR TRANSMISSION OF TELEVISION BY UNDERGROUND CABLE NOTICE IS HEREBY GIVEN that SHAPELL INDUSTRIES, INC„ , a California cor- poration, has filed its application with the City Council of the City of Cypress requesting that said City Council grant to it a franchise for an indetermined period, pursuant to the Franchise Act of 1937, to use and to construct and use wires, lines, conduits and appurtenances, and all other structures and facilities in, along, across, upon, over and under the public streets, ways, alleys, and places within the property described in Exhibit "A", attached hereto and incorporated by reference, necessary or proper for the transmission of television by underground cable within the limits of said property only, Said franchise shall create no right to transmit any television signal or communication which cannot be received by television in the City of Cypress without cable television equipment; provided, however, that said franchise shall not prohibit transmission of any signal or communication required to be transmitted by federal or state law or regulation, Said franchise shall be a non-exclusive franchise, If said franchise shall be granted to it, said SHAPELL INDUSTRIES, INC. , its successors and assigns (hereinafter collectively referred to as "grantee") during the life of said franchise will pay to said City two percent (2%) of the gross annual receipts of said grantee arising from the use, operation, or possession of said franchise; provided, however, that such payment shall in no event be less than one percent (1%) of the gross annual receipts derived by said grantee from the sale of television by underground cable within the limits of the property described in Exhibit "A". Such percentage shall be paid annually from the date of the granting of the franchise applied for, and in the event such payment shall not be made said franchise shall be forfeited. Grantee shall pay to the City of Cypress a sum of money sufficient to reimburse it for all expenses incurred by it in connection with the granting of said franchise. Such payment shall be made within thirty days after said City furnishes Grantee with a written statement of the expenses. Grantee shall construct, install and maintain all structures and facili- ties in accordance and in conformity with all of the ordinances and resolutions of the City of Cypress. Grantee shall pay to the City of Cypress on demand the cost of all repairs to public property made necessary by any of the operations of Grantee under said franchise. Grantee shall indemnify and hold harmless said City and its officers from all liability from damages proximately resulting from any operations under said franchise, Grantee shall remove or relocate without expense to the City of Cypress any facilities installed, used and maintained under said franchise if and when made necessary by any lawful change of grade, alignment or width of any public street, way, alley or place, including the construction of any subway or viaduct by said City. The City Council of the City of Cypress proposes to grant said franchise for an indetermined period, NOTICE IS HEREBY FURTHER GIVEN that any and all persons having any objections to the granting of said franchise may appear at the meeting place of the City Council of the City of Cypress at 5275 Orange Avenue, Cypress, California, at the hour of 8:00 p,m, on June 12, 1972, to be heard thereon; and NOTICE IS FURTHER GIVEN that at any time not later than the hour set forth for hearing objections, any person interested may make written protest stating objections against the granting of said franchise; which protest must be signed by the protestant and delivered to the City Clerk of said City. The City Council at the time set for hearing said objections shall proceed to hear and pass upon all protests so made, FOR FURTHER PARTICULARS reference is hereby made to said Application, which is on file in the office of said City Clerk, and also to the resolution adopted by the City Council on the 22nd day of May, 1972, declaring its intention to grant such franchise, By order of the City Council of the City of Cypress, California. /s/ Darrell Essex CITY CLERK OF THE CITY OF CYPRESS Publish; June 1, 1972" L PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 22nd day of May, 1972, MAYOR OF THE -CITY-OF CYPRESS ATTEST: Azji2j CITY RK E CITY /-''CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 22nd day of May, 1972, by the following roll call vote: AYES: 4 COUNCILMEN: Frankiewich, Harvey, Roberts and Lacayo NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMAN: Kanel /('r 74(-44 : CITY CLI OF THE CITY OF CYPRESS - 2 - 4. EXHIBIT "A" That portion of the North Half of Section 27, Township 4 South, Range 11 West, in the Rancho Los Alamitos, in the City of Cypress, County of Orange, State of California, as said Section is shown on Map No. 2 attached to the final decree of partition entered in the Superior Court of Los Angeles County, Case No. 13527, a certified copy of said final decree having been recorded February 2, 1891, in Book 14, page 31 of Deeds of said Orange County, described as follows: Commencing at the West one-quarter corner of said Section 27, said corner being the centerline intersection of Orangewood Avenue and Valley View Street and the True Point of Beginning, thence along the West line of said Section and said centerline of Valley View Street N 0° 13' 50" E, 1326.09 feet to the Southerly line of that certain strip of land 31.00 feet wide known as the Stanton Storm Channel as conveyed to the Orange County Flood Control District by deed recorded March 20, 1962 in Book 6043, page 755 of Official Records of said Orange County; thence along said southerly line S 89° 46' 51" E, 5205.73 feet, to a tangent curve concave Southerly having a radius of 173.70 feet a distance of 79.17 feet through a central angle of 26° 09' 49" to the East line of said Section 27, said East line being also the centerline of Knott Avenue; thence along said centerline S 0° 13' 41" W, 1308.92 feet to said centerline of Orangewood Avenue; thence along last mentioned centerline N 89° 46' 29" W, 5282.85 feet to the True Point of Beginning.