HomeMy WebLinkAboutCity Council Resolution 425 WJML:KJmh 3-25-68-15
RESOLUTION NOo J 15'
A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
FOR INSTALLATION, MAINTENANCE AND OPERATION OF
UNDERGROUND TELEPHONE FACILITIES
WEST VALLEY JOINT JUNIOR COLLEGE DISTRICT
SARATOGA CAMPUS ASSESSMENT DISTRICT
RESOLVED, by the City Council of the City of Saratoga,
California, that the Agreement for Installation, Maintenance and
Operation of Underground Telephone Facilities, by and between The
Pacific Telephone and Telegraph Company and the City of Saratoga,
in form this date presented to this Council, is hereby approved,
and the Mayor is hereby authorized and directed to execute said
agreement, in duplicate, on behalf of the City of Saratoga, and the
City Clerk is hereby directed to attest his signature and affix
thereto the official seal of the City°
, , , , ,
I hereby certify that the foregoing is a full~ true and
correct copy of Resolution duly passed and adopted by the City
Council of the City of Saratoga, California, at a meeting thereof
held on the 17th day of April , 1968, by the following
vote of the members thereof:
AYES, and in favor thereof, Councilmen:
Naruman, Robbins, Tyler, Smith
NOES, C ounc ilmen: Noae
ABSENT ~ Counc i lmen: Cle.mon
Saratoga
APPROVED:
yor
AGREEMENT
THIS AGREEMENT made and entered into this 17th
day of April , 1968, by and between the CITY~ OF
SAFeTOGA, a municipal corporation, hereinafter called "City",
and THE PACIFIC TELEPHOIqE AND TELEGRAPH COMPANY, a corporation,
hereinafter called ':Company"
WITNESSETH:
WtlEREAS, on January 3, 1968, the City Council of
City, pursuant to the provisions of the Municipal ImproVement
Act of 1913, adopted Resolution No. 396 entitled "A Resolution
of Intention to Acquire and Construct Improvements, West Valley
Joint Junior College District Saratoga Campus Assessment District"
wherein City declared its intention to order certain acquisitions
and improvements within the area, hereinafter called "District",
shown on the map on file in the office of the City Clerk of City,
entitled "West Valley Joint junior College District, Saratoga
Campus, Assessment District Proposed Improvement"; and
WHEREAS, City proposes to undertake proceedings pursuant
to the provisions'of the Municipal Improvement Act of 1913 for
the formation of a special assessment district within said
District; and
WHEP~AS, City also desires that certain additional
acquisitions and improvements along, within and across portions
of Fruitvale Avenue outside the boundaries of said District be
constructed at City's expense concurrently with the acquisi-
tions and improvements within said District; and
WtiEREAS, the acquisitions and improvements, both
within and outside said District include, but are not limited
to, the underground supporting structure required for Cor~pany's
proposed underground corr~unications distribution system along,
within and across portions of Fruitvale Avenue and Allendale
Avenue and such other locations as may be shown on the plans
and specifications hereinafter provided for; and
WtiEREAS, Company is a "regulated public utility" as
that term is used in Sections 10109 through 1011! inclusive,
of the. Streets and Highways Code of the State of California
and as such is authorized to enter into an agreement with City
relating to the installation and control of_.certain works,
appliances or improvements which are to be under the ownership,
management or control of Company and to be used, operated,
maintained and managed by Company as part of its utility system.
NOW THEREFORE, the parties hereto mutually agree as
follows:
1. The term "underground supporting structure"
includes the conduit, manholes, handholes and pull boxes where
and as required, plus trenching costs. The term "trenching
costs" means and includes the costs of excavating, backfilling,
compactlug, and, where necessary, the cost of breaking and re-
paving pavement and of restoring landscaping.
2. That portion of Allendale Avenue which extends
easterly from the easterly line of Fruitvale Avenue for a
distance of approximately 725 feet, although within District,
is outside the scope of and is not affected by this agreement.
3. City shall forthwith provide plans and specifica-
tions for the improvements to be made by City both within and
outside of District~ and shall provide Company with copies
thereof. Company agrees to review said plans and specifications ~
insofar as they relate to the underground supporting structure
along, within and across portions of Fruitvale Avenue and
Allendale Avenue and such other locations both within and outside
of District, as may be shown on said plans and specifications,
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and to coFz~unicate such changes, deletions and additions
therein as it may deem necessary to City. City agrees to
complete said plans and specifications in accordance with any
such changes, deletions or additions provided by Company.
4. City shall proceed with the formation of a
special assessment district in the manner provided by law.
It is understood by the parties that City cannot commit itself
to the formation of said District in advance and this agreement
shall become effective only after the special assessment
district proceedings have been undertaken.
5. After said special assessment proceedings have
been undertaken, City shall cause said underground supporting
structure to be provided both within and outside of District
in the locations shown on, and in strict accordance with said
plans and specifications and to the satisfaction of Company.
All necessary easements shall be provided by City. City shall
cause such trenches as may be designated by Company, to be
left open for such reasonable time as Company may require after
the installation of conduit, in order to permit Company to
install such cables as Company may desire on the top of such
conduit before such trenches are backfilled. No deviation from
said plans and specifications shall be permitted without the
prior written consent of the Company's Division Plant Manager,
at San Jose, California.
6. Upon completion of the underground supporting
structure both within and outside District in accordance with
paragraph 5 above, title to the conduits, service boxes and
appurtenances provided within District shall vest in Company
pursuant to Street and Highways Code Section 10111, free
from all liens, claims and encumbrances. City skall convey
title to the conduit, service boxes and appurtenances located
outside District to Company by Bill of Sale substantially in
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in the form attached hereto and marked "Ex~ibit A". City
agrees to warrant and' clef end Company's title to the conduits,
service boxes and appurtenances located both within and outsicle
District against all clain~s and demands of all persons.
7. If for any reason all of the provisions of
paracjraphs 3, 4, 5 and 6 above have not. been complied with on
or before April 1, 1969, this agreement shall forthwith
terminate and neither of the parties hereto shall have any
further obligation hereunder.
8. Company shall not be accountable or responsible
for any work, material, labor or other thing furnished or
done by or on behalf of City in the'performance of this agree-
ment or for any personal injury, death or property damage
arising directly or indirectly therefrom, and if any claim
or demand therefor shall be asserted against Company, City
shall defend, indemnify and hold harmless Company against and
from such claim or demand.
9. Upon performance of all of the provisions set
forth in paragraphs 3, 4, 5 and 6 above within the time limit
set forth in paragraph 7 above, Company shall install its under-
ground coranunications distribution system. Company shall
perform other work necessary to establish communications services
as requested by subscribers located on the easterly side of
Fruitvale Avenue, and the northerly and southerly sides of
Allendale Avenue along the route of said underground supporting
structure, whether within or outside of District, by means of
said structure, subject to the condition that the affected
property owners all agree in writing or are required by suitable
legislatio~ to provide and maintain the necessary underground
supporting conduit structure on their Froperry, and such
conduit structure has been provided in accordance wit?~ Con~pany's
construction standards and with Corr~pany's applicable rules and
ree'ulations on file with the Public Utilities Conm'~ission of
the State of California and furtt~er subject to any applicable
charge involved in so establishi:%g said services.
10. Company shall remove such of its existing aerial
conununication facilities which have been replaced with under-
ground communication facilities hereunder when affected property
owners have provided the underground supporting conduit structure
on their property in accordance with paragraph 9 above and
comanunications service to subscribers have been provided by
means of said underground communications distribution system.
Company shall fill all holes that remain after the removal of
the poles and shall restore the surface of the ground, as nearly
as practicable, to the same condition as that of the inunediately
adjacent area.
IN WIThTESS WHEREOF, the parties hereto have caused
this agreement to be executed on the day and year first above
written.
CITY OF SARATOGA
By
Attest:
City Clerk
TiIE PACIFIC TELEP]iONE AND TELEGP~PH
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BILL OF SALE
For valuable consideration, CITY OF SAP~',TOGA, a
municipal corporation, Seller, does hereby assign, transfer
and convey to TIIE PACIFIC TELEPHONE AND TELEGP~PH COi,.ii~AIqY,
Buyer, the following described property in the City of
Saratoga, County of Santa Clara, State of California:
The conduits, service boxes and appurtenances
described in the drawing attached hereto marked
'~Exhibit A" and made a part hereof.
Seller covenants that it is the lawful owner of said
property; that said property is free frora all encur~brances;
that it has a good right to convey the same; and that it will
warrant and defend the title thereto against all lawful claims
and denands of all persons.
Dated: :~ April. t7 , 1968.
CITY OF SARATOGA
By
Attest:
City Clerk