Resolution No. 4692153
RESOLUTION NO. 4692
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DECLARING ITS INTENTION TO GRANT A FRANCHISE TO METRICOM INC.,
TO PROVIDE WIRELESS DATA TRANSMISSION SERVICES WITHIN
THE CITY OF CYPRESS AND FIXING THE TIME AND PLACE
FOR A HEARING THEREON.
WHEREAS, the City of Cypress has received from Metricom Inc., a corporation
qualified to do business in the State of California, a request for a nonexclusive franchise to
attach and maintain a wireless digital communications network for data transmission services on
the City's right of way within the City of Cypress, more specifically on Southern California
Edison street lights; and,
WHEREAS, the term for which said franchise is five years, including the right to two
successive five year extensions by mutual consent; and,
WHEREAS, the franchise provides for an annual payment to the City of an amount
equal to five percent of Metricom's gross revenues which amount will be collected from
subscribers of the services within the City; and,
WHEREAS, the City's Charter requires that before granting any franchise, the City
Council shall adopt a resolution declaring its intention to grant such a franchise, state the terms
and conditions of said franchise, and fix the day, hour, and place, when and where any person
having an interest in or objecting to the granting of such franchise may appear before the
Council and be heard thereon.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES
HEREBY RESOLVE AS FOLLOWS:
1. That pursuant to Section 1103 of the City Charter the City Council of the City of
Cypress does hereby declare its intention to grant a nonexclusive franchise to Metricom
Inc. to attach and maintain a wireless digital communications network for data
transmission services on the City's right of way within the City of Cypress, more
specifically on Southern California Edison street lights.
2. That the City Council has affixed the 26th day of August, 1996, at 7:30 p.m., in the
Chambers of said City Council at 5275 Orange Avenue, Cypress, California, as the day,
hour, and place, when and where any and all persons having an interest in or objecting
to the granting of said franchise may appear before said City Council and be heard
thereon. At any time not later than the hour so set for the hearing, any person may
make written protest, stating objections against the granting of said franchise, said written
protest signed by the protestant and delivered to the Clerk of said City Council.
3. The City Clerk is hereby directed to publish this resolution at least once not less than ten
days prior to said hearing.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 12th day of August, 1996.
MAYOR OF T E CITY OF CYPRESS
154
ATTEST:
a 4...i6te,_
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, LILLIAN M. HAINA, 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 12th day of August, 1996, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Carroll, Jones, Kerry and
NOES: 0 COUNCIL MEMBERS: None Bowman
ABSENT: 0 COUNCIL MEMBERS: None
a_,_ a1 .41L____,
CITY CLERK OF THE CITY OF CYPRESS