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HomeMy WebLinkAboutReso 1983-11394 "J':';" ~ .~/ " "'-'.- '7'""[' -.",~ '_...~T..~.:l .--...- .~-;- .~.~'I --. -" " .' '-, .....~.-.;\" i). ' -, , RESOLUTION NO. 11394 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PACIFIC TELEPHONE AND TELEGRAPH COMPANY FOR PAYMENT OF 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 PACIFIC TELEPHONE AND TELEGRAPH COMPANY for payment of replacement of overhead with underground facilities . dated the 27th day of September , 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 Chula vista be, and he execute said agreement Vista. RESOLVED that the Mayor of the City of is hereby authorized and directed to for and on behalf of the City of Chula " ,.,,:.-.. '.: Presented by . Approved as to form by . _ . " ~,O ~---,-, /9J~..J~ Th~s-j: Harron, Act~ng City Attorney /i~" J hn P. Lippi tt',Ci ty ngineer \ ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 27th day of September 83 /9 , by the following vote, to_it: Scott, Malcolm, Cox, Moore, McCandliss AYES,: Councilmen ,'. NAYES: Councilmen ABSTAIN: Councilmen ABSENT: Councilmen None None None May ATTEY~ ??z,~/&'A'r City C erk R~ e City of Chula Vista STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, 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above and foregoing is a full, true and correct copy of RESOLUTION NO. 11394 ,and that the some has not been amended or repealed. DATED City Clerk {seall CC-660 ~" : RECEIVED ....--.. en'( OF CHULA VISl VA.) '.-~I(~.I..\-~pll'J(: i'lCp~' ':::"f'1~' \>: r_",", " ",.' I"" 19B3 SEP 27 hH 9 33 AGREEMENT BETWEEN THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY AND THE CITY DF CHULA VISTA FOR PAYMENT FOR REPLACEMENT OF OVERHEAD WITH UNDERGROUND FACILITIES. THIS AGREEMENT, made and entered into by and between The Pacific Telephone and Telegraph Company, herei nafter call ed "Company" and, The CITY OF CHULA VISTA, a municipal corporation, hereinafter called ~City.'" WITNESSETH: WHEREAS, the Citi desires that existing overhead facilities be replaced with underground facilities as a condition of the d~0eropment of property at 670-680 "L" Street by the Dan Building Company, said facilities being more fully depicted on Exhibit "A" attached hereto, and incorporated herein by this reference, and WHEREAS, Company, pursuant to Schedule Cal.P.U.C. No. 36-T, and for the consideration as hereinbelow described, desires to replace its existing overhead f acil it i es wi th underground fac il iti es at 670-680 "L" Street, Chu 1 a Vista, California, as depicted in Exhibit "A", 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 will distribute the money to the affected companies: Company;"San Diego Gas & Electric Company; and Cox Cable San Diego, Inc., and WHEREAS, Company's share of the payment is $34,330.00. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: Subject to the conditions hereinafter provided, Company obtaining satisfactory easements for any required rights of shall remove its existing overhead distribution facilities and 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. 1. upon way, shall ~-113?y- 3. Th i s Agreement sha 11 become effect i ve on ly upon compl i ance with all of the following conditions: a. The City shall execute this Agreement and shall perform all of the conditions herein contained. b. The City shall execute a companion agreement with each uti 1 ity that is a joint user of poles, or maintains othe~ poles, within the area from which Company will be removing its overhead facilities. Such agreement or agreements will provide for such service to be discontinued or converted and maintained through underground facilities, 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 $34,330 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 will be completed within six months after the City deposits with Company the sum of $34,330. 4. This is the entire agreement. There are no other provisions which 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 ni strators, executors, personal represent at 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 caused thi s 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 THE PACIFIC TEIEPHONE AND TEIEGRAPH c::a1PANY by: DATE: ~lc. bY~ DATE: Cf / ;).;}-/.n ~iV~~~N ~NA~~~ "")r)rl,)'.~ed as to Form WPC 049SE n........n.r.~-:?9::::a.mnm.. , T:.~.~~... R. WILLI FERRANTE 619.237-2896 " EXHIBIT "A" "" ,:::::x..~~_.......,-.._ ....-.~./. ...........-.:;:::.-.::~'t:T""".~~<::::J~___._..."'''''''......~..~~~.~.".~.....,.--:::;~.,_.......;.'!:'.']('....................... __,_ I I / --I '- '- '- '- '- '- " " '- '- 0>'V ~ o ..yO ( ~ ..y"t- LEGEND ~//,,1 t:::rJ t:.c1 C1 t:::!I RULE 20A DISTRICT RULE 20B DISTRICT CI TY/COUN TY BOUNDAR Y NOT IN DISTRICT ~~~":;''''.;?r~l")~ ~ ~, ~ ~ 1---/ '~:~:.:;,,:.::i--:-;;U DRAWN BY L. M. G. TIT L E DAlE 12-22-82 "L" ST UNDERGROUND DISTRICT NO. 115 COLO/?ADO AVENUE TO BROADWAY -/1;;;4'-1 ";;~"",,,;:::....,,-~~=,",,,,,~.,s~;+,,-,,,",,,--=-,,,,,,,,,_~,_"~~~.=L""":~"":;:'.~":;~"",::"~_~""""".,,,~_,,,,,,_=,,,_,,,,,,,-_'~"Y''''''''',,_,,,,,,,,,,,,,;;-=:,''''''''~'''''''''''''''''''';__'