CC Resolution No. 08-076 Encroachment T-MobileRESOLUTION NO. 08-076
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE
AN ENCROACHMENT AGREEMENT BETWEEN THE CITY OF
CUPERTINO AND OMNIPOINT COMMUNICATIONS, INC.,
DBA T-MOBILE, A DELAWARE CORPORATION
WHEREAS, cell phone system provider Omnipoint Communications, Inc., dba T-
Mobile, a DelawarP corporation, and its customers in Cupertino have reported that current cell
phone reception in a sizable area surrounding Bollinger Road and Blaney Avenue is poor; and
WHEREAS, as a result, Omnipoint Communications, Inc., has applied to the City to
install cell phone system antennas in City right of way adjacent to 20041 Bollinger Roaci, the site
of the Tin Tin Market, to improve cell phone system coverage in the surrounding area; and
WHEREAS, the City has previously conducted public hearings on this installation, which
indicated widespread approval based on public desire to improve cell phone reception in the
poorly covered area; and
WHEREAS, the agreement between the City and Omnipoint Communications, Inc., will
establish the terms for the encroachment, and may allow the City to receive an as yet
undetermined amount in rent for the antenna location.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino
hereby authorizes the City Manager to negotiate and execute an encroachment agreement
between the City of Cupertino and Omnipoint Communications, Inc., dba T-Mobile, a Delaware
corporation, on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2ND day of June 2008, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the Citv Council
Sandoval, Mahoney, Santoro, Wang, Wong
None
None
None
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City Clerk
APPROVED:
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J '
C.-
Mayor, City of Cupertino