Resolution No. 1273 279
RESOLUTION NO. 1273
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, GRANTING A FRANCHISE FOR TRANSMISSION OF
TELEVISION BY CABLE ANTENNA TO SHAPELL INDUSTRIES, INC.
PURSUANT TO THE FRANCHISE ACT OF 1937.
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 set forth in Resolution 1258 of the City Council of the
City of Cypress; and
WHEREAS, in the opinion of said City Council the public good requires that
said franchise be granted; and
WHEREAS, said City Council, at its regular meeting on May 22, 1972, held
a full public hearing regarding its intention to grant said franchise and at
the completion of said public hearing did declare and resolve its intention
to grant said franchise by the adoption of Resolution 1258.
NOW, THEREFORE, BE IT RESOLVED that said City Council hereby grants
said franchise as follows:
The City Council of the City of Cypress (hereafter "City") does hereby
grant to Shapell Industries, Inc., a California corporation (hereafter "Shapell")
a franchise for an indeterminate period, pursuant to the Franchise Act of 1937,
to use and to construct and use wires, lines, conduits and appurtenances, and
all over 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 cable antenna within the
limits of said property only. Said franchise shall create no right to
transmit any television signal or cummunication which is not transmitted
and received by television in the City of Cypress without cable television
equipment. Said franchise shall be a non-exclusive franchise.
Said Shapell, its successors and assigns, during the life of said
franchise will pay to City two percent (2%) of the gross annual receipts
of said Shapell 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 Shapell from
the sale of television by cable antenna within the limits of the property des-
cribed 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.
Shapell shall pay to City 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 City furnishes Shapell
with a written statement of the expenses.
Shapell shall construct, install and maintain all structures and faci-
lities in accordance and in conformity with all of the ordinances and
resolutions of the City of Cypress.
Shapell shall pay to City on demand the cost of all repairs to public
property made necessary by any of the operations of Shapell under said
franchise. Shapell shall indemnify and hold harmless City and its officers
from all liability from damages proximately resulting from any operations
under said franchise. Shapell shall remove or relocate without expense to
City 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 City.
The term of said franchise shall be for an indeterminate period.
I -- �
,- -`JASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 10th day of July, 1972.
ditte.
MAYOR OF T . CITY 0=TSS
S o ATTEST:
''.-72121)4(i
CITY LgRK 0 THE CCI OF CYPRESS
011
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 10th day of July, 1972, by the following roll call vote:
AYES: 3 COUNCILMEN: Frankiewich, Harvey and Kanel
NOES: 2 COUNCILMEN: Roberts and Lacayo
ABSENT: 0 COUNCILMEN: None
Ayl/f/-
CITY CLERK OF THE CITY OF CYPRESS
- 2 -
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 center-
line 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.