HomeMy WebLinkAboutReso 1983-11393
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RESOLUTION NO.
11393
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND COX CABLE SAN DIEGO, I~C. FOR PAYMENT FOR
REPLACEMENT OF OVERHEAD WITH UNDERGROUND FACILITIES
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
. City of Chula Vista that that certain agreement between THE CITY
OF CHULA VISTA, a municipal corporation, and COX CABLE SAN DIEGO
INC., for payment for replacement of overhead with underground
facilities
dated the 3rd day of August , 1983, a copy of which is
attached hereto and incorporated herein, the same as though fully
set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby authorized and directed to
execute said agreement for and on behalf of the City of Chula
Vista.
. .,.~.
Presented by
;1.
J n P; Lippitt,
E gineer
.,
Approved as to form by
~?A~
City Attorney
CHULA VISTA, CALIFORNIA, this
19 83
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
27th September
day of
AYES:
, by the following vote, to_it:
Scott, Malcolm,Cox, Moore, McCandliss
Councilmen
.'
NAYES:
ABSTAIN:
ABSENT:
Councilmen
None
Councilmen
None
None
Councilmen
Ii r3x
Chula Vista
ATTES/~~~
City Cle
STATE OF CALIFORNIA )
. COUNTY OF SAN DIEGO ) s s.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chura Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 11393.
,and that the same has not been amended or repealed.
DA;"f"ED
(seal) .
City Clerk
"
CC-660
,7
. .;"
AGREEMENT BETWEEN COX CABLE SAN DIEGO, INC. AND THE
CITY OF CHULA VISTA FOR PAYMENT FOR REPLACEMENT
OF OVERHEAD WITH UNDERGROUND FACILITIES.
THIS AGREEMENT, made and entered into by and between COX CABLE SAN DIEGO,
INC., hereinafter called "Company" and The CITY OF CHULA VISTA, a municipal
corporation, hereinafter called "City."
WITNESSETH:
WHEREAS, the City desires that existing overhead facilities be replaced
with underground fac i 1 iti es as a cond it i on of the development of property at
670-680 "L" Street by the Dan Building Company, and
WHEREAS, the City has required the Dan Building Company to pay $103,000
toward undergrounding of overhead facilities, and
WHEREAS, the City.will take delivery of the $103,000 payment at such time
as an underground district is formed by the City, and
WHEREAS, the City wi 11 d i stri bute the money to the affected ut i 1 it i es:
Company; San Diego Gas and Electric Company; and Pacific Telephone & Telegraph
Company, and
WHEREAS, Company's share of the payment is $5,995.00.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as
follows:
1. Subject to the conditions hereinafter provided, Company upon
obtaining satisfactory easements for any required rights of way,
shall remove its existing overhead cable TV facilities and shall
replace these facilities with underground facilities.
2. All work performed by the Company shall be in conformity with
applicable company, city, state, and Federal Standards.
3. This Agreement shall become effective onlY upon compliance with all
of the following conditions:
a. The City shall execute this Agreement and shall perform all of
the conditions herein contained.
;2 -/13 93
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b. The City shall execute a companion agreement with each util ity
that is a joint user of poles, .or maintains other poles, within
the area from which Company will be removing its overhead
facilities. Such agreement or agreements will provide for such
serv i ce to be di scont i nued or converted and ma i ntai ned through
underground facil ities, so that all poles can be removed from
the area within a reasonable time after Company has removed its
overhead facilities.
c. The City will deliver to Company $5,995.00 prior to the
commencement of work.
d. Except for circumstances beyond the control of Company, or work
stoppage, all work performed pursuant to this agreement wi 11 be
completed within six months after the City deposits with the
Company the sum of $5,995.00.
4. Th is is the ent i re agreement. There are no other provi s ions wh i ch
are not contained herein.
5. All of the terms and conditions of this Agreement shall be binding
upon and shall inure to the benefit of the parties hereto, their
hei rs, admi n i s trators, executors, persona 1 representat i ves, trustees,
successors, and assigns.
6. The contract documents shall become effective only upon the date
signed by the authorized representative of Company.
IN WITNESS WHEREOF, the parties hereto have individually
cau sed th is Agreement to be executed, for and on beha 1 f
through their" responsible agents, or duly authorized
authorized corporate officers, as the case may be.
executed, or have
of each, by and
agents, or duly
THE CITY OF CHULA VISTA
COX CABLE SAN DIEGO, INC., a corporation
by:
DATE:
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