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HomeMy WebLinkAbout98-097 CC ResolutionRESOLUTION NO. 98-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN "ATTACHMENT PERMIT AGREEMENT" BY AND BETWEEN THE CITY OF TEMECULA AND METRICOM, INC. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: a. Under California law, the City has the right and power to regulate the time, location, and manner of attachment, installation, operation, and maintenance of wireless digital communications radios in the public right of way within the limits of the City° b. Metricom, Inc., has submitted an application to the City to attach, install, operate, and maintain a wireless digital communications radio network on facilities located in the public right of way for the purposes of operating its wireless digital communications network. c. The proposed Agreement serves the public interest and provides benefits to the public and the City. Section 2. The City Council of the City of Temecula hereby approves that certain agreement entitled "Attachment Permit Agreement" between the City of Temecula and Metricom, Inc., dated as of October 13, 1998, in substantially the form attached hereto as Exhibit A. The Mayor is hereby authorized to execute the Agreement, including related exhibits and attachments, on behalf of the City, together with such changes as mutually agreed upon by the City Manager and Metricom as are minor and in substantial conformance with the form of such Agreement. Section 3. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and appropriate to carry out and implement the Agreement and to administer the City's obligations, responsibilities and duties to be performed under the Agreement including, but not limited to, escrow instructions, certificates of acceptance, and implementing agreements. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 13th day of October, 1998. ~/~~~Y~c~ Ron Roberts, Mayor ATTES usan . Jones, [SEAL] R:resos 98-97 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 98-97 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 13th day of October, 1998, by the following vote: AYES: 5 COUNCILMEMBERS: Comerchero, Ford, Lindemans, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Su n W. Jones, CMC City Clerk R:resos 98-97 2