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HomeMy WebLinkAboutResolutions - No. 2006-35RESOLUTION NO.2006-35 A RESOLUTION OF THE LODI CITY COUNCIL RESCINDING RESOLUTION NO. 2005-264 RELATING TO THE APPROVAL OF THE SBC ENCROACHMENT PERMIT CONDITION (VIDEO PROGRAMMING LIMITATION) FOR NEW FACILITIES INSTALLATIONS WHEREAS, the Lodi City Council adopted Resolution No, 2005-264 at its meeting held December 21, 2005, approving an encroachment permit condition for SBC's Project Lightspeed Project; and WHEREAS, subsequently, the 9th Circuit issued its decision in Sprint v. City of La Canada Flintridcge, which may impact the Council's action; and WHEREAS, staff therefore requests that Council rescind Resolution No. 2005-264 to permit further legal analysis. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council hereby rescinds Resolution No. 2005-264 relating to the approval of the SBC Encroachment Permit Condition (Video Programming Limitation) for new facilities installations and its inclusion on all future SBC Encroachment Permits issued for facilities installation. Dated: March 1, 2006 I hereby certify that Resolution No. 2006-35 was passed and adopted by the Lodi City Council in a regular meeting held March 1, 2006, by the following vote: AYES: COUNCIL MEMBERS — Beckman, Johnson, Mounce, and Mayor Hitchcock NOES: COUNCIL MEMBERS -- None ABSENT: COUNCIL MEMBERS — Hansen ABSTAIN: COUNCIL MEMBERS — None SUSAN J. B STON City Clerk 2006-35