HomeMy WebLinkAboutReso 1953-1464 X.
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RESOLUTION NO. 1464
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING AGREEMENT WITH
CALIFORNIA WATER & ' ETEPHONE COMPANY
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY
RESOLVE AS FOLLOWS:
That certain agreement,dated the 8th day of September,
1953, between the CITY OF CHULA VISTA and CALIFORNIA WATER
& TET,FPHONE COMPANY, a copy of which is attached hereto and
by this reference incorporated herein, is hereby approved,
and the Mayor of the City of Chula Vista is hereby authorized
and directed to execute the same for and on behalf of the
City of Chula Vista.
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.ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF
CHULA VISTA, CALVOR,NIA., this aul cloy of Seutpipber*$19,
by the LoU ,4n te to.swit:
COUNCI.L14EN. , • , * ki* - H, - D- i•
NAXSt COUNCILMEN, None
ABSENT: couxortlek.ugsv„,„„....„.
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,m_vor 0 ' e 1 y o a I(' s a
ATTEST: _ ,41
er.
Deputy
STATE OP CALIFORNIA )
COUNTY OF SAN DIEGO ) Ss.
CITY Or CHULA VISTA )
_ City Clerk of the
City of Chula Vista, California, DO HEREBY CERTIFY that the above
and foregoing is a full, true and correct copy of Aesolution
, , and that the sane has not been amended or
repealed.
DATED:
1.
City
Leputy
b-sr
THIS AGREEMENT, made and entered into this 8th day
of September, 1953, by and between the CITY OF CHULA VISTA,
a Municipal Corporation, hereinafter designated as "City",
First Party, and CALIFORNIA WATER & TELEPHONE COMPANY, a
corporation organized and existing under and by virtue of the
laws of the State of California, hereinafter designated as
"Utility", Second party,
W I T N E S S E T H
THAT in consideration of the respective promises and
covenants herein contained, the parties hereto do mutually
agree as follows;
1. This contract is made and executed by the parties
hereto in comprising a settlement of divers=e disputes between
the parties relative to the subject matter covered hereby. It
is not intended to, and shall not, establish any precedent,
principle, rule or guide to interpretation, as between the
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parties hereto after its termination or as between either of
the parties hereto and any third party at any time
2. This contract may be amended, changed or altered by
mutual consent of the parties hereto in writing at any time
3. This contract shall inure to the benefit of, and
shall be binding upon, the successors and assigns of the
parties hereto.
4. This contract shall run until terminated by either
party hereto and shall terminate not less than one year after
notice of termination in writing given by one party hereto
to the other; and in the event of such termination the laws
applicable to the subject matter of this contract as existing
at the time of such termination shall then govern, save as to
removals or relocations, hereinafter referred to as rearrange-
ments, of facilities of Utility theretofore required of, Utility
by the City under notice mailed or delivered to Utility
prior to such termination, whether work upon such rearrangement
has theretofore commenced, is in progress, or has been completed.
5. This contract shall govern exclusively the determina-
tion of the obligations and costs to be borne by each party
hereto in regard to every rearrangement of utility facilities
of Utility required as result of any relocation, improvement
or change in any of the streets of City or any other relocation
of facilities of Utility requested by City, and shall be in
lieu of the provisions of law and/or of contract governing the
costs of relocation of such facilities. This contract shall
apply to any rearrangement of utility facilities required by
City under notice given to Utility prior to September 8th , 1953.
6. As used in this contract, the following terms have
the following meanings:
(A) "Streets" means any public street, road or
alley of City or under the jurisdiction of City.
(B) "Utility facilities" includes all pipes, valves,
meters, manholes, and all appurtenances to any thereof, consti-
tuting water pipe line or other water distribution system owned
by the Utility. The term "utility facilities" does not include
any buildings of Utility, nor any utility facilities therein
nor any other property of Utility, whether or not devoted to
public use, not included within "utility facilities" above
defined.
Where Utility is the owner of a part of, or of
a present undivided part interest in, any such utility facilities,
this agreement shall apply to the extent of such interest of
utility.
(C) "Rearrangement of utility facilities" includes
the following as required by a notice given by City to Utility:
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(i) It must include expenditures in
respect to existing utility facilities necessary to accommodate
a street. The work involved therein must consist of the
dismantling of, or other work upon, existing facilities within
the right of way of a street or on other real property where
such work is occasioned by, and of benefit to, the construction,
improvement, maintenance, operation or use of a street.
(ii) It also includes any other expenditures
in respect to other utility facilities occasioned by the work
specified in subdivision (i) heeof and where necessary to
furnish Utility with utility facilities of corresponding
standards and usefulness and to enable Utility to continue
a corresponding service.
(iii) It may also include additional expendi-
tures upon utility facilities, commonly known as "betterments",
added at the instance of Utility for its purposes.
Further, the work involved within said term
"rearrangement of utility facilities" includes the dismantling
of, or other work upon, existing utility facilities, with or
without reinstallations to continue the service, whether such
reinstallations are of the dismantled or other utility facilities;
and may be temporary or permanent in nature or both; and may be
performed within or without the right of way of a street; and
may be performed within, over or across real property owned in
whole or in part by city, Utility or a third party.
(D) "Cost of a rearrangement" includes the actual
and reasonable (or, if indeterminable, the estimated) cost
of
(a) All necessary labor and transportation,
and of all necessary materials exclusive of any dismantled
utility facilities used in any of the reinstallations, involved
in the rearrangement, together with reasonable and usual indirect
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and overhead charges attributable to any thereof, exclusive
of the cost, computed in like manner, attributable to any
betterments hereinabove mentioned involved in the rearrange-
ment, and less: (i) the value as salvage of all dismantled
utility facilities not used in any of the reinstallations;
(ii) the accrued depreciation, as ascertained under the
regular accounting practices of Utility for its depreciation
reserve purposes, of all dismantled utility facilities not
used in any of the reinstallations; and (ill) any charges
appertaining to the rearrangement paid or required to be paid
by any customer of Utility (including City where a customer of
Utility) pursuant to law or agreement between such customer and
Utility (or an agreement between City and such customer for
the express benefit of Utility)and
(b) Any necessary new private right of way
of utility for any of the reinstallations involved in the
rearrangement, exclusive of such right of way for such of said re-
installations as may reasonably be located within the right of
way of a public road, or on other real property under the Juris-
diction of city, and without charge to Utility or credit to City.
7. Whenever Utility claims reimbursement for the cost,
in whole or in part, of any rearrangement hereunder, Utility
shall, upon the completing of such a rearrangement, submit to
City an itemized statement of such cost; and, Utility shall
upon request, make available for inspection or audit its books
and records appertaining thereto; provided, that the parties heret
may estimate and agree in advance upon the amount of such
reimbursement where not exceeding one thousand dollars ($1,000.00)
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and where specified in the notice given by City to Utility
or an amendment thereof.
8. (a) It is contemplated that Utility will submit
to city plans and specifications of a rearrangement; and that
the parties will endeavor to agree in respect thereto prior
to the giving of notice by City to Utility of a rearrangement
required by City.
This subdivision (a) is directory only and compliance
therewith or agreement upon plans and specifications as afore-
said shall not be a condition precedent to the giving of notice
by city to Utility of a rearrangement required by City.
(b) The parties hereto may implement this contract
in the foregoing or other particulars by procedures to be agreed
upon between them.
9. City will give Utility notice in writing of each
rearrangement of utility facilities of Utility pursuant to
agreed plans or, if none, as may reasonably be required by City.
Utility will thereupon undertake, or cause to be undertaken,
the rearrangement of its utility facilities pursuant thereto
with reasonable dispatch. Further, Utility shall permit City
immediate entry upon, and use of, all right of way of Utility
for utility facility purposes whenever necessary for a street
purpose which occasioned such notice and where not inconsistent
in time or manner of exercise with the due discharge by Utility
of its said undertaking with respect to said rearrangement and
with its discharge of its duty as a public utility.
• 10. (A) The cost of each rearrangement under a notice
given by city to Utility shall be divided and borne equally by
the parties hereto, except as hereinafter provided.
(B) If City, by amended, revised or new notice
given to Utility, changes a rearrangement under a prior notice
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given by City to Utility before the completion of such
rearrangement or of the work on that portion of the street
which occasioned such prior notice, City will pay in entirety
that portion of the cost of the rearrangement expended by Utility
before such change to the extent such expenditures are rendered
useless or wasted by reason of such change; and the remainder
of the cost of the rearrangement shall be borne by the parties
hereto pursuant to the foregoing subdivision of this section.
(C) If City after notice of a rearrangement given
utility to
' . ... , . , y cha ages the right of way of the street which occasioned
such notice, or if the street in respect to which a notice of
rearrangement hereunder was given ceases to be a street (with or
without amended, revised or new notice given to utility), before
the completion of such rearrangement or of the work on that portion
of the public road which occasioned such notice, City will pay in
entirety that portion of the cost of the rearrangement expended
by Utility before such change or happening to the extent Utility
would have received a greater reimbursement in respect to said
portion of the cost of the rearrangement under the foregoing
subdivisions hereof had such change or happening not occurred;
and the remainder of the cost of the rearrangement shall be borne
by the parties hereto pursuant to the foregoing subdivisions of
this section.
11. Upon completion of each rearrangement of utility
facilities hereunder, and the discharge by City of its obligations
to Utility hereunder in respect thereto, Utility shall convey to
City or its nominee upon demand all of its right, title and
interest within the right of way of a public road, or in any
other real property under jurisdiction of City, on which was
situate any utility facilities entirely dismantled under a
rearrangement of utility facilities hereunder.
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12. whenever a rearrangement includes the dismantling•
• • of existing utility facilities located on private right of way
• of Utility and any reinstallations corresponding thereto are
located within the right of way of a public road, there shall
automatically vest in utility upon the termination of this
agreement like rights in real property, if any, in and to such
corresponding new location of such reinstallations as Utility
may have had, if any, in its corresponding old location on
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which was situated such utility facilities entirely dismantled
- under a rearrangement of utility facilities hereunder.
13. It is further agreed that to the extent that
contribution to the costs herein involved is available from
either the United States Government or the• State of California,
pursuant to laws presently in force or enacted in the future,
that the laws governing such compensation shall apply in lieu
of the contract.
• ' • . 14. Notwithstanding this contract, the City of Chula'
Vista hereby reserves all of its sovereign powers as a political
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subdivision of the State of California, and any exercise thereof
shall be superior and alternative to this contract.
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• IN WITNESS WHEREOF, the parties hereto have executed
this agreement the day and year first above written.
CITY OF CHULA VISTA
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CA -I-1, 1, ATER T LEPHONE 4 OMFANY
BY � ;r/
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