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Home My WebLink AboutResolution No. 5509RESOLUTION NO. 5509 RESOLUTION AUTHORIZING EXECUTION OF AGREE -ENT BETWEEN THE CITY OF SAN RAFAEL AND THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY IN CONNECTION WITH SMITH RANCH ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA BE IT RESOLVED by the City Council of the City of San Rafael, Marin County, California, that that certain agreement dated July 5, 1978 between the City of San Rafael and The Pacific Telephone and Telegraph Company, be, and the same is hereby, approved, and theVice- Mayor of the City of San Rafael is authorized to sign, and the City Clerk is authorized to attest, said agreement, which agreement is at- tached hereto. M 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 5th day of July, 1978, by the following vote, to wit: AYES: Councilmembers Miskimen, Mulryan and Vice -Mayor Jensen NOES: Councilmembers None ABSENT: Councilmembers Mayor Betti ni ABSTAINED: Councilmembers Nixon JEANNE M. LEONCINI, City Clerk, City of San Rafael, Marin County, California Mo Ry. THIS A==, made by and between the CITY OF SAN RAFAEL, herein- after called "City", and THE PACIFIC TELEPHONE AND TELEGRAPH CMTANY, herein- after called "Telephone Company". WITNESSETH: WHEREAS, on October 4, 1976, the City Council of the City of San Rafael, pursuant to the provisions of the rinzicipal Improvement Act of 1913, adopted a resolution of intention No. 5194 entitled "IN THE MATTER OF THE CONSTRUCTION OF IMPROVMM,M S AND ACQUISITIONS IN SMITH RANCH ASSESS= DISTRICT NO. 11 CITY OF SAN RAFAEL, HAM COUNTY, CALIFORNIA", wherein City declared its intention to order certain work to be done and certain acquisitions and improve- ments to be made within the area, hereinafter called "District", as shown in the Boundary Map entitled "Proposed Boundaries of Smith Ranch Assessment District No. 1, City of San Rafael, Marin County, California which, said map being filed with the City Clerk of San Rafael on September 20, 1976; LoMMAS, the work, acquisitions and improvements include, but are noc limited to, the conversion of existing public utility overhead communication facilities to underground locations; WHEREAS, all property owners in the District are or will be required by ordinance or other legislation, or all have agreed or will agree to provide and maintain the underground supporting structures on their properties necessary to provide them underground co=inications service; WHEREAS, under Telephone Company's Paile 32.I.B. (Schedule Cal. P.U.C. No. 36-T) City desires Telephone Company'to construct underground supporting structure necessary for said conversion along public ways and utility rri&ts of way and Telephone Company is willing to do so if City will pay the cost of said underground supporting structure; and WHEREAS, Telephone Company is a "regulated public utility" as that term is used in Sections 10109 through 10111, inclusive, of the Streets and Highways Code of the State of California and the parties hereto desire to enter into an agreement pursuant to Section 10110 thereof; NOW, THEREFORE, the parties hereto mutually agree as follows: - . 1. City shall provide Telephone Company with a copy of this ordinance or other legislation or the agreement of all property owners in the District which requires that each property owner in the District provide and maintain the underground supporting structure on the owner's property necessary to provide underground communication service on said property. 2. 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 cost of excavating, backfilling and compacting, and, where necessary, cost of breaking and repaving pavement and of restorirZ landscaping. 3. (a) Upon completion of trenching work to be performed by Pacific Gas and Electric Company in conjunction with the performance of certain work on its facilities under a separate agreement between it and City, Telephone Company MA! shall proceed to construct and install, or arrange for the construction and installation of Telephone Company's underground supporting structures. (b) Telephone Company shall not be responsible for any delay resulting from shortage of labor or materials, strikes, labor disturbances, war, riots, weather conditions, governmental rules, regulations or orders, including orders or judgments of any court, acts of God, or any other cause or condition of like or unlike characteristic winich is beyond the control of Telephone Company. Telephone Coupany shall have the right, in the event it is unable to obtain supplies, materials or labor for all of its construction requirements, to allocate materials and labor to construction projects which, in its sole discretion, it deems most important to serve the needs of its applicants or customers; and any delay in performance of work hereunder resulting from such allocation shall be deemed a cause beyond Telephone Company's control. 4. It is agreed that title in and to said underground supporting structure shall vest in Telephone Company pursuant to Section 10111 of the Streets and Highways Code of the State of California. City agrees to defend Telephone Company's title to said underground supporting structure against all claims and demands of all persons. 5. If, an or before December 31, 1978, City has not complied with paragraph 1 hereof, or Pacific Gas and Electric Company has not completed the trenching work to be performed by it, this agreement shall, unless extended by mutual agreement of the parties hereto, forthwith terminate and neither City nor Telephone Company shall have any further obligation hereunder. -3- 6. Upon completion of the construction and installation of said underground supporting structure, Telephone Conpany shall from tin° to time thereafter perform other work necessary to furnish commmications service to its customers and applicants for service along the route of said structure by reins of said structure, subject to the condition that, in accordance with Telephone Company's tariffs, rules and regulations on file with the Public Utilities Comnnission of the State of California, affected property owners are rewired by suitable legislation, or all such property owners agree in writing, to provide and na:ntain and do provide and maintain, the necessary underground supporting structure on their property in accordance with Telephone Company's specifications. 7. Telephone Company shall reunove, or arrange for removal of, its existing aerial caTmunication facilities which have been replaced with under- ground facilities hereunder, except any poles and anchors which are jointly awned by Pacific Gas and Electric Company and Telephone Company and u.hich are still being used by Pacific Gas and Electric Conpany, when affected property owners have provided underground supporting structures on their properties in accordance with paragraph 6 above and service to current customers along the route of said underground facilities has been provided by means of such under- gra.md facilities. 8. Upon completion of the underground supporting structure and on receipt of Telephone Company's bill therefor, City shall pay to Telephone Cor:paiy the actual cost of the underground supporting structure. This cost is -4- presently estimated to be eighty thousand seven hundred one dollar and sixty cents ($80,701.60). It is specifically agreed by the parties hereto that the statement herein of such estimated cost shall not prevent Telephone Company from billing said actual cost. 9. Any change in the work to be performed by Telephone Company here- under which increases the cost of the underground supporting structure and wiv.ch is requested or required for any reason other than the sole convenience of Telephone Company shall be paid for in advance by City on demand of Telephone Coupany. Dated: 5�,— / T 'MIN � �� M/s ATTEST: By City Clerk 1978. CITY OF SAN RAFAEL Y Title Vri e -M yor THE PACIFTC TELEPHONE AND TELEGRAPH C(XTANY �Vice / By �� • i PIksTnt -5- :� Form Approved The Pac Tel.&Tel.Co. By 3�� Attorney presently estimated to be eighty thousand seven hundred one dollar and sixty cents ($80,701.60). It is specifically agreed by the parties hereto that the statement herein of such estimated cost shall not prevent Telephone Company from billing said actual cost. 9. Any change in the work to be performed by Telephone Company here- under which increases the cost of the underground supporting structure and which is requested or required for any reason other than the sole convenience of Telephone Company shall be paid for in advance by City on demand of Telephone Company. Dated: Sc , 1970. CITY OF SAN_3AFAEL ATTEST: By I S. 4By City Clerk Tite ice- ayor THE PACIFIC TELEPHONE AND TELEGRAPH CCMPANY By Vice Pres ident Form Approved The Pa T�e�1 &Te1 . Co . -5- By 3/' Attorney