2005-222RESOLUTION N0.2005- 222
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
DECLARIlVG ITS INTENTION TO GRANT A FRANCHISE TO EARTHLINK,
INC., TO INSTALL, OPERATE AND MAINTAIN ACITY-WIDE WIRELESS
BROADBAND COMMUNICATIONS NETWORK UPON CERTAIN CITY-
OWNED FACILTTIESLOCATED WITHIN THE PUBLIC RIGHTS-OF-WAY IN
THE CITY OF ANAHEIM; STATING THE TERMS AND CONDITIONS UPON
WHICH IT IS PROPOSED TO GRANT THE FRANCHISE; AND
ESTABLISHING THE DATE, HOUR AND PLACE WHEN AND WIRE ANY
PERSONS HAVING ANY INTEREST THEREIN OR ANY OBJECTION
THERETO MAY APPEAR AND BE HEARD THEREON.
WHEREAS, the City of Anaheim has heretofore requested proposals offering to grant an
exclusive franchise for the use of certain identified City facilities located within the publicrights-of
way in the City of Anaheim to install, operate and maintain aCity-wide wireless broadband
communications network in the City; and
WHEREAS, following the receipt and evaluation of various applications, Earthlink, Inc., was
selected as the most qualified applicant; and
WHEREAS, the City Council of the City of Anaheim has reviewed said application, and has
considered and weighed the information presented therein, and in the staff reports and
recommendations and other relevant information relating thereto; and
WHEREAS, Article XIV of the Charter of the City of Anaheim authorizes the City Council,
by ordinance, to award franchises for communication services, and for the use of the public streets
or places for the operation of equipment for the furnishing thereof, pursuant to the procedures set
forth therein.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim as follows:
SECTION 1.
That the City Council hereby declares its intention to grant an exclusive franchise to
Earthlink, Inc., for the use of certain City-owned facilities located within the public rights-of--way
for the furnishing of a City-wide wireless broadband communications network in the City of
Anaheim as more particularly described in that certain proposed Franchise Agreement dated, for
convenience purposes only, as of December 20, 2005 (the "Franchise Agreement"), a copy of which
proposed Franchise Agreement is on f le in the Office of the City Clerk, 200 South Anaheim
Boulevard, Second Floor, Anaheim, California.
1
SECTION 2.
That the terms and conditions upon which it is proposed to grant said franchise are
each of those certain representations, covenants, requirements, terms and conditions as expressly set
forth in said proposed Franchise Agreement, which proposed Franchise Agreement is hereby
incorporated herein by this reference. The aforesaid proposed Franchise Agreement is on file, and
available for public review or copying, in the Office of the City Clerk of the City of Anaheim during
normal business hours.
SECTION 3.
Notice is hereby given that on Tuesday, December 6, 2005, at 5:3(1 p.m., or as soon
thereafter as the matter may be heard, in the City Council Chamber of the Anaheim City Hall, 200
South Anaheim Boulevard, Anaheim, California, any persons having any interests in said proposed
franchise, or any objection to the granting thereof upon the terms and conditions set forth in said
proposed Franchise Agreement, may appear before the City Council and be heard thereon.
SECTION 4.
The City Clerk is hereby directed to publish this resolution at least once, within
fifteen {15}days of the passage thereof, in the official newspaper of the City.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim thisl5th Day of November, 2005, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Galloway, Chavez, Hernandez
NOES: None
ABSENT: None
ABSTAIN: None
CITY O AHEIM
By
MAYOR OF THE C OF ANAHEIM
AT'I'ES~':
i/~
TTY CLE OF CITY OF ANAHEIM
59617.2
2
AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION
This space is for the CduntyCterk's- N l
STATE OF CALIFORNIA,
ss.
County of Orange L,12 ".,:uV c 1 r
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of RasOW"rit
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
eighteen years, and not a party to or interested ANAHEIM DECLARING ITS INTENTION TO GRANT A FRAN-
CHISE TO EARTHLINK INC., TO INSTALL, OPERATE AND
MAINTAIN A CITY -WIDE WIRELESS BROADBAND COMMU-
in the above entitled matter. I am the principal NICATIONS NETWORK UPON CERTAIN CITY -OWNED FA-
CILITIES LOCATED WITHIN
CITY OF ANAHEIM; STAT
N STATING THE TERMS AND
clerk of The Orange County Register, a CONDITIONS UPON WHICH IT IS PROPOSED TO GRANT
THE FRANCHISE; AND ESTABLISHING THE DATE, HOUR,
AND PLACE WHEN AND WHERE ANY PERSONS HAVING
newspaper of general circulation, published in MAY INTEREST AND HEARD ANY OBJECTION THERETO
the city of Santa Ana, County of Oran, and WHEREAS, the City of Anaheim has heretoforrequested
o
eels offering 9
g use of pattern identified City facilities I�atad�within the Pub
which newspaper has been adjudged to be a lic rights-of -way in the City, of Anaheim to install, operate
and maintain a the City', wireless broadband communica-
r s network and
newspaper of general circulation by the Superior Pi. WHEREAS, following the receipt and evaluation of various
applications, Earthlink, Inc., was selected as the most quali-
Court of the County of Orange, State of red applicant; and
the City Council of the City of Anaheim has
California, under the date of 1/18/52, Case No. WHEREAS, reviewed said the City Council has considered and weighed
the information presented therein, and in the staff reports
and recommendations and other relevant information relat-
A- 21046, that the notice, of which the annexed is ing thereto; and
WHEREAS, Article XIV of the Charter of the City of Ana
a true printed copy, has been published in each heim authorizes the city council, by ordinance, to award
franchises for communication services, and for the use of
the public streets or places for the operation of equipment
regular and entire issue of said newspaper and for the furnishing thereof, pursuant to the procedures set
forth therein.
not in any supplement thereof on the following NOW, THEREFORE, BE TT RESOLVED by the City Coun-
cil of the City of Anaheim as follows:
dates, to wit: SECTION 1.
That the City Council hereby declares its intention to rent
November 18, 2005 an exclusive franchise to Earthlink, Inc., for the use of cer-
tain City -owned facilities located within the public rights -of-
way for the furnishing of a City -wide wireless broadband
communications network in the City of Anaheim as more
particularly described in that certain proposed selY Franchise
"I certify (or declare) under the penalty of Agreement 20 nnience Agr ent a co of
camber 20,
which proposed Franchise Agreement to an file in the Office
perjury under the laws of the State of California of the City Clerk, 200 South Anaheim Boulevard, Second
Floor, Anaheim, California.
that the foregoing is true and correct SECTION 2.
That the terms and conditions upon which it is proposed
Executed at Santa Ana, Orange County, to grant said franchise are each of those certain represents
lions, covenants, requirements, terms and conditions as ex
California, on pressly set forth in said proposed Franchise Agreement,
which proposed Franchise Agreement is hereby incorp
ed herein by this reference. The aforesaid proposed n chile Agreement is on file, and available for public review or
Dat November 18 2105 /1 copying In the Office of the City Clerk of the City of Ana
OM' heim during normal business hours.
"MI SECTION 3. I�aoa rdbar 0,
lir Notice is hereby given th on Twsdaa er as the matter
S au 2005. at r d, in p.m. or as soon there
may be heard, n the City Council Chamber, of the Anaheim
City Hall, 200 South Anaheim Boulevard, Anaheim, Califor-
nia, any persons having any interests in said proposed fran-
y
The Orange Count Re ister chile, or any objection to the granting thereof upon me
g 'J g terms and condtons set forth In said proposed Franchise
Agreement, may appear before the City Council and be
625 N. Grand Ave. heard thereon.
Santa Ana, CA 92701 SECTION
(714) 796 -7000 ext. 2209 The City Clerk is hereby directed to publish this resolution
at least once, within fifteen (15) days of the passage thereof,
in the official newspaper of the City.
THE FOREGOING RESOLUTION is approved s 1n d a adopt-
ed by the City Council of the City of Anahe�
November, 2005, by the following roll call vote:
AYES: Galloway Chavez, Council
emandezemebre Sidhu,
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
By MAYOR OF THE CITY OF ANAHEIM