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CC Resolution No. 06-066 RESOLUTION NO. 06-066 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 INFOR-TECH COMMUNICATIONS, INC., A WHOLLY OWNED SUBSIDIARY OF ONFIBER COMMUNICATIONS, INC., FOR THE INSTALLATION OF COMMUNICATION FACILITIES THROUGH OUT THE CITY WHEREAS, there has been presented to the City Council a proposal from OnFiber Communications, Inc., to install fiber optic cable and associated equipment in City right of way in order to provide its communications network systems services in the City of Cupertino and neighboring communities; and WHEREAS, the provisions, terms, and conditions of an encroachment agreement need to be negotiated and approved by the City in order for the aforementioned installation to occur and the aforementioned services be provided, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby authorizes the City Manager to negotiate and execute said encroachment agreement and take all necessary associated actions on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4th day of April 2006, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: Lowenthal, Wang, Kwok, Mahoney, Sandoval None None None ATTEST: /0' .~ Ci(YC~ - AP~ ~ ' \Mayor, City of Cupertino