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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, -2- 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 -3- 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 -5- 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