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CC Resolution No. 5410 ~ • • ~ FtESOLUTION NO. 541C A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO GRANTING A NONEXCLUSIVE FRANCHISE FOR THE INSTALLATION, CONSTRUCTION, OPERATION ' AND REGULATZON OF A COMMUNITY ANTENNA TELE- VISION SYSTEM TO UNITED CABLE TELEVISION OF ' CUPERTINO WHEREAS, the City Council of the City of Cupertino ' has enacted Ordinance No. 930, adding Chapter 6.28 to the Cupertino Municipal Code, entitled, "Franchises for , , Community Antenna Television Systems", and WHEREAS, Section 6.28.030 of Chapter 6.2B of the II Cupertino Municipal Code authorized the City Council to grant a non-exclusive franchise to construct, operate, and maintain a community antenna television system to all ' or any portion of the City to any person, firm or corporation, ' who or which offers to furnish and provide a community antenna television system under and pursuant to terms and ' provisions of Chapter 6.26 of the Cupertino Municipal ' Code; and WHEREA5, United Cable Television Corporation has submitted an application dated December 27, 1979 to the City of Cupertino for a non-exclusive franchise to construct, ' operate, and maintain a community antenna television ; system within the City of Cupertino; and ''i WHEREAS, United Cable Television Corporation has ~ offered to furnfsh and provide a community antenna tele- I vision system under and pursuant to the terms and provisions , ~ _ • ~ of Chapter 6.28 of the Cupertino Municipal Code; NOW, THEREFORE, BE IT RESOLVED that Onited Cable Television of Cupertino is hereby granted a non-exclusive franchise to construct, operate, and maintain a community antenna television system within the City of Cupertino ( under the provisions, terms, and conditions of the Cupertino i Municipal Code, Chapter 6.28. The terms and conditions i of the franchise herein granted shall consist of the pro- ~ visions of Chapter 6,28 of the Cupertino Municipal Code, ; which is incorporated herein by this reference; the application dated December 27, 1979 from United Cable ' Television Corporation for the franchise, which is incorporated herein by this reference; letter dated August 29, 1980 from United Cable Television Corporation to Mr. Robert Quinlan, City Manager, City of Cupertino, , which is incorporated herein by this reference; and statement dated August 14, 1980, entitled, "CATV Franchise Award Negotiation Points for United Cable TV," which is incorporated herein by this reference. NOW, THEREFORE, BE IT FURTHER RESOLVED that the ' franchise herein granted shall become operative no soon- er than the effective date of Ordinance No. 930 of the City of Cupertino, passed and adopted on Sentemher ~S, i98n ~ 1980. PASSED and ADOPTED at a regular meeting of the City Council of the City of Cupertino, duly held on the 15th -2- ~ • ~ • day of September , 1980, by the following vote: I ~ Members of the City Council AYES: Plungy, Sparka, Rogers NOES : None ~ ABSENT: Gatto II~ ABSTAIN: None I' ATTEST: APPROVED: ' ~ ~ L+. City Clerl M or, City of Cupert -3-