HomeMy Public PortalAboutResolution 97-35741
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RESOLUTION NO. 97 -3574
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY DECLARING ITS INTENTION TO CONSIDER GRANTING A
NONEXCLUSIVE FRANCHISE TO METRICOM, INC. TO INSTALL
AND OPERATE A WIRELESS COMMUNICATION RADIO NETWORK
IN THE CITY RIGHTS -OF -WAY.
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
WHEREAS, Metricom Incorporated has filed a request for a nonexclusive franchise to operate
its Ricochet System along, over, and across public and City streets and rights -of -way; and
WHEREAS, except as permitted by applicable laws or the proposed Franchise Agreement, in the
performance and exercise of its rights and obligations under the proposed Franchise Agreement, Metricom
shall not interfere in any manner with the existence and operation of any and all public and private rights -
of -way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electric and
telephone wires, electroliers, cable television, and other telecommunications, utility, and municipal property
without the express written approval of the owner or owners of the affected property or properties; and
WHEREAS, the term for which the proposed Franchise will be granted is five (5) years, unless
it is terminated earlier pursuant to the terms of the Franchise Agreement; and
WHEREAS, in accordance with Section 6232 of the Public Utilities Code of the State of
California, the City Council of the City of Temple City hereby sets a public hearing to receive public
comment, , to hear all persons that may object to the granting of the Franchise, and to introduce and hold
the First Reading of a franchise ordinance with Metricom; and
WHEREAS, the City Clerk shall publish notice of the hearing at least once within fifteen (15)
days after passage of this resolution in a newspaper of general circulation within the City of Temple City.
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES RESOLVE AS FOLLOWS:
SECTION 1. A public hearing will be held on March 18, 1997, at 7:30 p.m. at the City of Temple
City, City Council Chambers, 5938 Kauffman Avenue, Temple City, California, for the purpose of
receiving public comment regarding the granting of a nonexclusive franchise to Metricom, Incorporated for
wireless data communication services. Copies of the proposed Franchise Agreement are on file with the
office of the City Clerk, in Temple City, and are available for public inspection.
SECTION 2. After the aforementioned public hearing is held and public comment has been
received, staff will present for introduction the proposed Franchise Agreement and the City Council of the
City of Temple City will hold the First Reading of a franchise ordinance with Metricom.
SECTION 3. The City Clerk shall give due notice of the public hearing as described above.
SECTION 4. The City Clerk shall certify to the passage and adoption hereof.
Resolution No. 97 -3574
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APPROVED AND ADOPTED THIS 18TH DAY OF FEBRUARY, 1997.
ATTEST:
y Cl6rk
I, City Clerk of the City of Temple City, hereby certify that the foregoing Resolution No. 97 -3574,
was adopted by • the City Council of the City of Temple City at a regular meeting held on the 18th day of
February, 1997 by the following vote:
Mayor
AYES: Councilman- Breazeal, Budds, Gillanders, Souder, Wilson
NOES: Councilman -None
ABSENT: Councilman -None
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