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HomeMy WebLinkAbout6094 RESOLUTION NO. 6094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING ITS INTENTION TO GRANT TO METRICOM, INC. A NON-EXCLUSIVE FRANCHISE TO INSTALL AND OPERATE A WIRELESS COMMUNICATION RADIO NETWORK IN CITY RIGHTS-OF-WAY WHEREAS, the Arcadia City Charter Section 1300 provides that the City may by ordinance grant franchises for communication equipment to be placed within the public rights-of-way; and WHEREAS, the establishing of franchise regulations for the placement of wireless digital communications radio networks within the public rights-of-way of the City of Arcadia will be a public benefit by providing additional communication networks without cost to the City and by generating revenue for the City to defray costs to maintain the existing rights-of- way; and WHEREAS, Metricom, Inc., has applied to the City of Arcadia for a non-exclusive franchise for the attachment, installation, operation, and maintenance of a wireless digital communications radio network in, and, upon, along and across certain public rights-of-way and easements within the City of Arcadia; and WHEREAS, it has been found desirable for the welfare of the City of Arcadia that such a non-exclusive radio network franchise be issued to Metricom, Inc. by enactment of an ordinance. 6094 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That the City Council intends to grant said franchise, that hearing of objections to the granting thereof will be held at the time and place specified in the form of notice hereinafter set forth, which the City Clerk of said City is hereby directed to publish at least once in a newspaper of general circulation in said City not less than ten (10) days prior to the hearing set forth below. Said notice shall be substantially as follows: NOTICE OF PUBLIC HEARING RE INTENT TO GRANT NON-EXCLUSIVE FRANCHISE TO METRICOM, INC. REGARDING PLACEMENT OF WIRELESS DIGITAL COMMUNICATIONS RADIOS IN THE PUBLIC RIGHTS- OF- WAY WITHIN THE CITY OF ARCADIA Pursuant to Arcadia City Charter Section 1303 a public hearing is scheduled for the regular City Council meeting of January 5, 1999 at 7:00 p.m. at the Arcadia City Council Chambers, 240 W. Huntington Drive, Arcadia, California, to hear objections to the granting of the above referred to franchise which is further described as follows: The proposed franchise is non-exclusive for an initial term of five (5) years. It is subject to City approval of all pole attachments, a pole attachment fee of$60.00 per pole, and franchise fee of five (5%) percent of gross receipts. Metricom, Inc. is to provide a performance bond, and insurance protection for the City. Grantee shall perform all necessary work to the satisfaction of the City and shall execute a Franchise Agreement subject to approval by the Arcadia City Council at the City Council meeting of January 5, 1999. 2 . 6094 Metricom, Inc. provides for a digital wireless transfer network called Ricochet. It allows use of wireless computer modems to communicate with on-line services, networks and other facilities accessible through telephone circuits. It is strictly a data transfer system (no voice or video). This provides computer users with wireless access to other properly equipped computers and to internet service providers. Metricom, Inc. deploys its service through a network of radios which transfer data and information with radio transmissions. The backbone of the system is with the use of "pole top" radios. These radios have been designed to co-locate on streetlight and utility poles without the need for any power or cable runs. The radio receivers are small, one watt devices that will be located on street lights in public rights of way. They are attached by straps to the light mast anns, directly behind the cobra head luminary. Metricom, Inc. has entered into an agreement with Southern California Edison to allow use of their poles. City approval is necessary because the poles are in the public right-of-way. SECTION 2. That the City Clerk shall certifY to the adoption of this Resolution and shall cause a copy of same to be published at least once in a newspaper of general circulation in said City not less than ten (10) days prior to the hearing. 3 R"q.6094 Passed, approved and adopted this 15th day of December 1998. A TIEST: ~I~;; /AJ ~-'-<~) APPROVED AS TO FORM: c~~ q 1/Ue, 4 ,;;,s 6094 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Resolution No. 6094 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 15th day of December, 1998 and that said Resolution was adopted by the following vote, to wit: AYES: Councilmember Chandler, Harbicht, Marshall, Roncelli and Kovacic NOES: None ABSENT: None J 5 R~~.6094