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HomeMy WebLinkAboutAgenda Statement 1972/10/24 Item 14 item no. 14 october 24, 1972 resolution 6635 Cx.~y Q~~~rcnec~: P2e~rx~e ~ne~a~c~ the. ~.ee~.~~cc%cc~ ~~.~.~rs.Cu~~e~~iy err. ~~~Ck.~.~.~.i , Staff Commentary on Agenda Item No. 14 CHULA VISTA CITY COUNCIL MEETING OF October 24, 1972 Item Title: Resolution - Approving Encroachment Permit for Video Cable, Inc. to Install Underground Television Distribution Facilities in E1 Rancho Del Rey Units #1 and #2 Initiated by: Director of Publ i c Works/City Engineer ~~.._---= Attached is a copy of Resolution [X ] Ordinance f `' '°_~?"~01?~~*nr ~'1 Plat ~ B a clog r~aund Video Cable, Inc. of 4401 Twain Street, Suite 25, San Diego, CA 92120 has requested an encroachment permit to allow installation of under- ground conduit for future cable T.V. service within E1 Rancho Del Rey Subdivision Units #1 and #2. Authorization to provide cable T.V. service can be obtained only through acquisition of a franchise approved by the City Council. Video Cable, Inc. has verbally indicated their intent to apply for a franchise. Meanwhile, the company desires to proceed with installation of conduit concurrently with the installation of other underground utilities within the specified subdivisions so as to preclude the damage to pavement which would result from delayed installation. Mission Cable T.V., Inc. holds a non-exclusive franchise to serve any- where within the City. However, that organization indicates that it is not prepared to serve the subject E1 Rancho Del Rey Units. Pending a determination concerning the franchise application by Video Cable, Inc. this encroachment permit will allow conduit installation to proceed. The form of permit prepared by the Division of Engineering is submitted herewith. Conditions intended to safeguard the City are enumerated in the permit. The Director of Public Works desires to make an oral comment concerning this encroachment permit at the Council meeting. Financial Statement : id . A Commission-Board Recommendation: i`d.A. Department Head Recommendation: Recommends approval. See EXHIBITS ~ ] No.1_2_ City Man age r The Environmental Impact of this item is considered trivial and, in fact Recommendation • it will be a positive factor in terms of environment by reducing the • future presence of TV antennas. Recommend approval a-P14 iSer~c~ ~~c c~~~ ~~: Adr~~:~.~.~s:t~.a~x.cn; Cx~~ty C~.~,nlz; C~~y A~~:i~.v~~.y; ~~~.~-t~ , ~~~~ ~"~ Encroachment Application Fee $3.00 Receipt PJo. 2331 Encroachment Permit Fee $206.28 Peceipt No. 2349 AUTHORIZATION FOR ENCROACHMENT IPl PUBLIC RIGHT OF U.IAY Permit No. 72-22 Pursuant to Article III, Section 27.3, Chula Vista City Code of the City of Chula Vista, permission is hereby granted to Video Cable, Inc. to do work within the public street rigi~t of way of the City of Chula Vista. Whereas, the permittee has requested the permission of the City of Chula Vista to encroach on the public right of way lying within E1 P,ancho del Rey Subdivision Units #1 and #2 for the purpose of installing CATV conduit facilities only therein. Now, therefore, in consideration of their mutual promises, and other good and valuable consideration, the parties hereto agree as fol 1 ows Permission is hereby granted to install the above mentioned encroachment on the real property of the City of Chula Vista described above in accordance with the following conditions: 1. Said installation shall, in no way, interfere with any exist- ing utility. Any changes of any utility due to the installation shall be at the sole expense of the permittee. 2. P~1aintenance, removal, or relocation of the above mentioned installation shall be the sole responsibility of the permittee, lessee, or the representative of the owner, or lessee, or his successor in interest, at no expense to the City of Chula Vista. 3. Said installation shall conform to the standards of the City of Chula Vista and shall conform with the regulations as set forth herein: A. Conduit facilities installed pursuant to this permit shall be compatible with facilities in use by Mission Cable TV, Inc. within the City of Chula Vista, and shall be capable of handling the latest cables and electronic equipment for the highest number of channels required by the FCC. Further, the installation shall be accomplished in accordance with the latest and best technological requirements. Permittee shall check with the City of Chula Vista to insure compliance in accordance -aith engineering specifications to be filed by Mission Cable TV, Inc. Page 1 of 3 rf~'-Pti~f /,~ ~ ., a. The Permittee shall prior to commencement of work, possess all necessary Federal and/or State of California licenses; permits, authorizations and/or franchises as requi-red to construct and operate the proposed cable T.V. service. C. The Permittee shall NOT provide service nor offer to provide cable T.V. service unless and until in possession of a valid franchise for such purpose approved by the City Council of the City of Chula. Vista. D. In the event that the Permittee is denied a franchise to provide cable T.V. service for the area specified in the permit application, the Permittee agrees to sell the facilities installed under this permit to any organization franchised to operate a cable T.V. service within the City of Chula Vista which submits a valid offer to purchase. The maximum selling price is hereby agreed to be $ 14,734.00 plus simple interest at the rate of six percent (6%) per annum from the date of acceptance of the subdivision improvements for the subject Units #1 and #2. E. This encroachment permit shall become void upon approval of a franchise for the Permittee to operate within the City of Chula Vista. F. All work under this permit except necessary backfill and paving operations shall cease in the event that the Permittee's application for franchise by the-City of Chula Vista is denied. G. All work shall conform with the plan for communication conduit submitted as a part of the encroachment permit application. The work shall further conform to all applicable Federal and/or State of California regulations and standards governing underground cable television facilities. 4. Permittee agrees to accept and obey all laws, regulations and ordinance of the City of Chula Vista, both present and future, pertaining to the installation and maintenance of cable TV conduit services and CATV service. // i~~~. P a g e l a o f 3 ~. o ,!--I_~ J; AUTHORIZATION F~~R ENCROACHt~1ENT IP~! PU6i.IC; RIGHi~ CF ~~~~~.~' This permit is revocable upon thirty (30) days notice to the permittee, or his successor in interest, and upon such notice the encroachment must be removed, or relocated, as may be specified by the permittor at permittee's expense at the said time. Permittee hereby agrees to, and shall hold the City of Chula Vista, its elective and appointive boards, officers, agents and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from permittee, or any of sub- contractors' operations under this permit, whether such operations be by permittee, or by a sub-contractor, or sub-contractors, or by any one or more persons directly or indirectly employed by, or acting as agent for permittee, or any sub-contractor or sub-contractors. Permittee agrees to, and shall defend the City of Chula Vista and its elective and appointive boards, officers, agents and employees, from any suits or actions at law, or inequity for damages caused, or alleged. to have been caused, by reason of the aforesaid operations. The undersigned permittee hereby accepts the foregoing encroach- ment permit upon the terms above set forth and agrees to all of the conditions and covenants on its part to be performed. It is under- stood and agreed that, in addition to the above conditions, all applicable conditions of the City of Chula Vista Code are incorporated herein by reference as if set out in full. It is further agreed that if any part of this interferes with the future use of the street right of way by the general public, it must. be removed, or relocated, as designated by the City, at the expense of the permittee, or his successor in interest. Signed ,~~L ~_ ~~ ~~~ ~ ~~ r~~ Date 1~ --2 5 '.7 ~- CITY EPJGTNEER OF THE CIT~d OF CNU VISTA By Q a t e ~ ~, _ Z ~ _ ~ Z--- PW-E-15 Pag e 2 of 3 AUTHORIZATION FOR ENCP,OACNMENT IMP PUBLIC RI(~-i~ 0~~ `~,P~'° STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) SS On this <~ ~ ~ day of ~~?T~'~C~' i9 ~-~ before T me '7~~~icii~i~ ~~ //'~~~~~~.~=Z.l a Notary Public i n and for the said County of San Diego, State of California, residing therein duly commissioned and sworn, personally appeared ~,~%~„f",r;' ~~~~~~~, --.-r-r..-, ,. personally known to me to be the person whose name subscribed to the within instrument, and- he/ duly acknowledged to me that ^he 'executed the same. IN 4lITNESS IrlNEREOF, I have hereunto set my hand and affixed my official seal, at my office in the County of San Diego, the day and year in this certificate first above written. ~~ ,~j ~~ Notary Public in and for the County of San Diego, State of California /t 7 i~ ! ~• '' ~,,, P,U! INE f P~IADDEN ~:'~ n Y. ~;.,. N~~"~,1RY PUBLIC '• ~ L:~ .: ~. My COmm1 5S10n eX i res ^ ~• I r'+rl ~~ ,~..,f,_c.S~a~'cgcCo.Calif. "^ p ~ N1Y Commissi;~i FYpi.~s.ApriJ-~S--i;~;~--j~a--- . ~"s-a'c+°w`oi'i e'Y!"w a e"n 0`N'9^^'o`o~"f~'^ryu~ 3 o f 3}I "~ - - , . A G R F P tt E N T The undersiclnea, a-uli.cant for an encroachment permit to install underground cable T.V.~facili~ies in E1 Rancho a ey ni s an ' Permit Iv'o. 72-22 underst~~nds and agrees as follows: 1. The Su}creme Court of the State of California filed a decision on September 21, 1972 in the case of Friends of P~ianunoth, et. a1. v. 23oard of Supervisors of I~4ono County, et. al., No. Sac. 7924. 2. The effect of the decision .on the project, construction or development for which this permit is issued is unkno~~m and uncertain. 3. Therefore, this permit is issued upon the demand of applicant and at the applicant's sole risk and responsibility. 4. The City of .Chula Vista shall not be liable for any loss or damage sustained by applicant by reason of any suspension or revocation of this permit or by reason of any action subsequently brought in court to stop, delay or entirely enjoin the project, constr- uction or development for which this permit is issued, as a result of the aforesaid Supreme Court decision. 5, A copy of the above-mentioned decision has been made available for applicant's perusal. DATED this day of - ~ ~_ ~ ~ ~~ ~ , 1972. THE CITY OF CHULA VISTA ~/ / ~/~~ a c !) i3 C Tz" i N c. (Name of Company) nY ~, it_.c..w ~~~/~Z-c- Permit No. '7 z -Z L ,_~ ~_ fem.