HomeMy WebLinkAboutResolution No. 5672RESOLUTION NO. 5672
RESOLUTION APPROVING AGREEMENT
SMITH RANCH ROAD ASSESSMENT DISTRICT NO. 1
The City Council of the City of San Rafael resolves:
This City Council approves that certain agreement between
the City of San Rafael and TELE-VUE SYSTEMS, INC., for services of
that firm in connection with Smith Ranch Road Assessment District
No. 1, City of San Rafael, Marin County, California, dated
May 7 , 1979, and attached to this resolution.
The Mayor is authorized to sign the agreement and the
City Clerk is authorized to attest its execution.
I HEREBY CERTIFY that the foregoing resolution was duly
and regularly adopted by the City Council of the City of San Rafael,
Marin County, California, at a regular meeting thereof, held on the
7th day of May 1979, by the following vote,
to wit:
AYES: Councilmembers Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: Councilmembers None
ABSENT: Councilmembers None
JEANNE M. LEONCINI, City Clerk,
City of San Rafael, Marin County,
California
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THIS AGREEMENT entered into this 7 n4 day of fv1.&Y-
1977, by and between TELE-VUE SYSTEMS, INC., a Washington
corporation, doing business as "VIACOM", hereafter referred
to as "VIACOM", and the CITY OF SAN RAFAEL, a municipal
corporation located in Marin County, California, hereafter
called "CITY", is made with reference to the following facts:
A. Pursuant to the provisions of Chapter 10.76 of the
Municipal Code of CITY, VIACOM has been granted a
franchise to operate a community antenna television
system in CITY, and in the exercise of such -franchise
has constructed its facilities in and over the public
streets of CITY.
B. Section 10.76.285 of the said Municipal Code provides
among other things that in the case of new structures the
builder or developer will provide and install at his sole
cost and expense to VIACOM's current specifications
trenches for underground distribution, service laterals,
service drop trenches to the buildings' point of entry,
and backfill and restoration -of trench area, conduit,
vaults and pedestals, and internal wiring.
C. Pursuant to the provisions of the Municipal Im-
provement-Act-of..1913, on October 4, 1976, CITY adopted
Resolution Intention No. 5194 for the formation of a
special assessment district designated "SMITH RANCH
ASSESSEMENT DISTRICT 140. 1", hereafter referred to
as "DISTRICT", and under which CITY is acting as agent
for DISTRICT.
D. The said resolution provided, among other things,
for the placing of electrical and communication fa-
cilities underground.
THEREFORE, it is agreed as follows:
1. BOUNDARIES. The facilities affected by this Agree-
ment lie within the boundaries of -the map entitled "Proposed
Boundaries of Smith Ranch Assessment District No. 1, City.
of San Rafael, Marin County, California", as adopted by
Resolution No. 5193 of CITY.
2. UNDERGROUNDING OF FACILITIES. Upon construction
by Pacific Gas and Electric Company of..a. satisfactory trench
for the placement of its own electric service facilities,
VIACOM agrees to install its transmission and distribution fa-
cilities in the said trench, and to remove any of its existing
overhead facilities presently in place for transmission and
distribution. It is agreed that VIACOM's amplifiers and
essential connections thereto may be in appropriate housing
above the surface of the ground as approved by CITY's Director
of Public Works.
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3. PAYMENT. CITY, as agent for DISTRICT, agrees to pay
the costs and expenses of trenching at $10,016, labor at $6,120
and materials at $5,489 required by VIACOM for installation of
its facilities in accordance with plans and specifications.
Total payment of $21,625 shall be made by CITY within thirty
(30) days after billing by VIACOM.
4. CONSTRUCTION. All construction work in preparation
of trenches, conduits, ducts, vaults, manholes and the like
are to be'undertaken by Pacific Gas and Electric Company, and
VIACOM shall not be responsible for any delay in construction
of the said facilities, but only for unreasonable delays in
the installation of its own facilities after notification by
CITY -to proceed.
5. SERVICE FACILITIES.
This Agreement does not provide
for the installation of any underground conduits or facilities
extending to any existing or proposed building within the
District by VIACOM, other than as provided in the plans and
specifications on file.
IN WITNESS WHEREOF, the parties have executed this Agreement
the date and year first above written.
ATTEST: CITY OF SAN RAFAEL
City Clerk
Secretary
Mayor
TELE-VUE SYSTEMS, INC.
By