2005-201RESOLUTION N0.2005- 20t
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
DECLARING ITS INTENTION TO GRANT AN EXCLUSNE FRANCHISE TO
EARTHLINK, INC., TO INSTALL, OPERATE AND MAINTAIN ACITY-WIDE
WIRELESS BROADBAND COMMUNICATIONS NETWORKUPON CERTAIN
CITY-OWNED FACILITIES LOCATED WITHIN THE PUBLIC RIGHTS-OF-
WAY INTHE 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 WHERE 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, Eaarthhlink, 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 6, 2005 {the "Franchise Agreement"), a copy of which
proposed Franchise Agreement is on file 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, November 15, 2005, at 5:30 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 this 25th day of October, 2005.
MAYOR OF THE C 0 AHEIM
ATTEST: ,
CTPY CLE1rK OF THE CITY OF ANAHEIM
59617.1
2
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PROOF OF PUBLICATION
I his space is Ibr the County Clerk, Filing Slantp
Prl~ofofPt
RESOLUTION NO. 2005- 201
4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
4NAHEIM DECLARING ITS INTENTION TO GRANT AN EX- '
"LUSIVE FRANCHISE TO EARTHLINK, INC., TO iNSTALJ.,
OPERATE AND MAINTAIN ACITY-WIDE WIRELESS BROAD- I
3AND COMMUNICATIONS NETWORK UPON. I~RTAIN t
"ITY-OWNED FACILITIES LOCATED WITHIN THE PUBLIC t
31GHTS-OF-WAY IN THE CITY OF ANAHEIM; STA7{N~ THE r
PERMS AND CONDITIONS UPON WHICH R IS PbSf=D 1
f0 GRANT THE FRANCHISE; AND ESTABL19Nra THE I
DATE, HOUR AND PLACE WHEN AND WHERE.. ~. PER- t
30NS HAVING ANY INTC-RES-f THEREMf~9H 6..J
iION THERETO MAY APPEAR AND BE HEARD THEREON. I
;
WHEREAS, the City of Anaheim has heretofore requested I
proposals offering to grant an exclusive franchise }or the ;
use of certain identified City facilities located wkhin the pub- i
is rights-of-way in the City of Anaheim to install, operate I
and maintain aCity-wide wireless broadband communica-
(ions network in the City; and '
WHEREAS, following the receipt and evaluation of various
applications, Earthlink, Inc., was selected as the most quali-
fied 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 relat-
ing thereto; and
WHEREAS, Article XIV of the Charter of the City of Ana-
heim authorizes the Gity 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 Coun-
cil 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 o cer-
tain City-owned facilities located within the public dg Ms-of-
way for the furnishing of a Ctty-wide wireless broadband
communications network in the City of Anaheim as more
particularly described in that certain proposed Franchise
Agreement dated, for convenience purposes onty, as of De-
cember 6, 2005 (the "Franchise Agreement"), a copy of
which proposed Franchise Agreement is on file In the Office
of the City Clerk. 200 South Anaheim Boulevard, Second
Floor. Anaheim, California.
SECTION 2
That the terms and conditions upon which it is proposed to
grant said franchise are each of those certain representa-
tions, covenants, requirements, terms and conditionu as ex-
pressly set forth in said proposed Franchise Agreement,
which proposed Franchise Agreement is hereby incorporat-
ed herein by this reference. The aforesaid propoaed Fran-
chise Agreement is on file, and available for public review or
copying, in the Office of the City Clerk of the City of Ana-
heim during normal business hours.
SECTION 3
No[ice is hereby given that on Tuesday, November 75.
2005, at 5:30 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, Califomia,
' any persons having any interests in said proposed fren-
chise, 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
ai least once, within fifteen (15) days of the passage thereof.
in the official newspaper of the City.
THE FOREGOING RESOLUTION is approved and adoptec
by the City Council of the City of Anaheim this 25th day o'
October. 2005.
MAYOR OF THE CITY OF ANAHEIM
ATTEST.
CITY CLERK OF THE CITY OF ANAHEIM
Pub .JC Register October 31 2005 82324/6865079