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Home My WebLink About1999-300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 1999-300 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY RELATING TO INSTALLATION OF NON-ELECTRIFIED ATTACHMENTS AND APPURTENANCES TO EDISON STREET LIGHT POLES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a License Agreement with Southern California Edison Company relating to installation of non-electrified attachments and appurtenances to Edison street light poles, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The Licensing Agreement shall not take effect until fully signed and executed by all parties; no oral agreement relating thereto shall be implied or authorized. SECTION 3. The authorization to execute the above-referenced Agreement IS rescinded if the parties to the Agreement fail to execute it within sixty (60) days of the passage of this Resolution. III III I L 1999-300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION ... AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT...RELATING TO INSTALLATION OF NON-ELECTRIFIED ATTACHMENTS AND APPURTENANCES TO EDISON STREET LIGHT POLE I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor .. . joint . and Common Council of the City of San Bernardmo at aTe'Jul~ meetmg thereof, held on the 6th day of December ,1999, by the following vote, to wit: Council Members: AYES NAYS ABSTAiN ABSENT ESTRADA x x LIEN x MCGINNIS SCHNETZ x x SUAREZ x ANDERSON MILLER ~ .JdaruiJw.JtkdUJriJ., lufiAt?> City Clerk (J The foregoing resolution is hereby approved this If 0. day of December 1999. Approved as to Form and legal content: Valles, Mayor f San Bernardino JAMES F. PENMAN, City ttorney 7. 1999-300 EXHIBIT" A" LICENSE AGREEMENT THIS AGREEMENT, made and entered into this 6th day of December, 1999, by and between Southern Califomia Edison Company, a corporation, hereinafter called "Company" and the City of San Bernardino, a political subdivision of the State of California, hereinafter called "City". WHEREAS, City has jurisdiction of certain highways and has the right to regulate the use of such highways; and WHEREAS, Company has installed Company owned ornamental composite, marbelite and steel street light standards with overhead and underground wiring at various locations within said City at request of City; and WHEREAS, City desires a license to place non-electrified traffic regulating devices, American flags attachments, Neighborhood Watch sign attachments, and banner attachments on said street light standards; and WHEREAS, Company is agreeable to allow City to install Company approved non-electrified traffic regulating devices, America flag attachments, Neighborhood Watch sign attachments, and banner attachments and appurtenances on said street light standards under a license. NOW, THEREFORE, in consideration of the premises and the mutual understandings and obligations of the parties as herein-after set forth, Company and City hereby agree as follows: 1. Company hereby, subject to the terms and conditions provided in this Agreement, licenses and permits City or City's authorized agent to install, maintain, use, repair, renew, and remove certain Company approved non-electrified traffic regulating devices, American Flag attachments, Neighborhood Watch sign attachments and banner attachments and appurtenances on Company owned ornamental composite, concrete and steel street light standards in accordance with the following: (A) Attachment shall be secured by means of stainless steel straps. No holes shall be punched, drilled, or burned in the ornamental pole. (B) All attachments shall be mounted so as to provide adequate clearance from traffic, pedestrians, and from all electrical facilities, and secured to the street light standard to avoid dislodging by wind. (C) The total surface area of all attachments on anyone ornamental pole shall not exceed 18 square feet at anyone time. 1999-300 2. Except as otherwise herein provided, the use of such street light standards as herein contemplated shall be without charge or expense to the City. 3. Whenever City desires to place said attachments on Company owned street lights standards, City shall file the necessary written application and plans with Company for its approval for each application. The installation shall be completed within sixty (60) days of written approval. Each subsequent installation requires a new application under this Agreement. City or City's authorized agent shall commence and complete all approved attachments as promptly as possible. 4. No attachments shall be placed on said facilities until the application for the same shall have been thus approved by the Company. Upon completion of any installation by City, or City's agents, City shall notify a Company representative who, at his/her discretion, may inspect installation. 5. Said attachments and appurtenances shall be installed and maintained by City, or City's authorized agent, in a safe and workman-like manner in compliance with all applicable laws, rules, regulations, ordinances, including but not limited to General Order No. 95 of the Public Utilities Commission of the State of California. 6. Should Company determine that it is necessary to relocate or replace a street light standard on which a City-owned attachment is in place, City or City's agent shall, upon reasonable notice from Company promptly relocate, replace or transfer said attachment to a substitute street light standard, if any, as required at City's sole cost and expense. 7. City shall indemnify and hold harmless Company against all loss expenses, claims, actions, causes of action, damages, costs or liabilities, directly or proximately resulting from or caused by the installation, placement, use, presence, operation, maintenance, andlor removal of said attachments and appurtenances on said street light standards, as herein provided. 8. The failure of Company to enforce any provision of this Agreement, or the waiver thereof, shall not be construed as a general waiver or relinquishment on its part of any such provision; however, the same shall nevertheless remain in full force and effect. 9. This Agreement shall continue in effect for a term of one year from the date hereof and from year to year thereafter. Unless sooner terminated by mutual written Agreement, this Agreement may be terminated by either party hereto by written notice given not less than sixty (60) days prior to the intended termination. In the event of such termination, City shall remove all of said attachments and appurtenances from Company's street light standards within sixty (60) days of such termination. 10. The provisions hereof shall insure to the benefit of and bind the respective successors in interest, representatives, and/or assigns of the parties hereto; provided, however, that no assignment may be made without the prior written consent of the other party hereto. 2 1999-300 II. The Agreement is given pursuant to the authority of and upon and subject to the conditions prescribed by CPUC General Order No. 69-C dated and effective July 10, 1985, which by this reference is incorporated herein and made a part hereof, marked Exhibit" A". IN WITNESS WHEREOF, City and Company have executed this Agreement by and through their respective officers thereunto authorized as of the day and year first herein above written. ~ COMPANY SOUTHERN COMPANY Judith Valles BY: Title: Manager Title: Mayor ATTEsT>:L~!Yudtn~)P4J'TTEST Title: City Clerk Title I?'~r/n I DATE: Approved as to form and legal content JAMES F. PENMAN, City Attorney 3 " 1!/,3!99 17:35, ~818 308 6208 46208 SOLO Long Beach ~pCad.... Ur...d.... Ja1:r 10. 1!lD 1999-300 ---- _.IJIT-a . 141002 i - PUBUC um.rims COMMISSION OF THE "ATE OF c.u.IFOllNIA } I nnA'C_ ..-.&1 ..-.-.c (. JII~"""""" . v.......-.~ON' ............. CJII' PPUCUI1UIIIS--........ -.....--..- . IT IS HEREBY ORDERED. daII oD puIlIIe uIIJI1Ioo t;DftOft!II by the provisionI vi SecIIaoI8II1 vi.... PaIIIle UIIIIIIoo Coda vllhIt SIole be, ... _ .. henby .......... . 10 inat I ......... JIIlI'IIIib far _... ~_.- _ _.......... _...- vi the _llwo .......... 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F1III11IER. ...1IGlhIas.....appIIet. or shall be ........ la oppI:r 10 ..-..,. vi ........ ... ...... ....... by prin'" ... public ...... I _ _,. ... r........... II .... ... at.......... AND PROVIDED. FtIR'111ER. that the term "puIiIIo:aI...bdl.IsI...." u ......In lhls GenenI 0......10 deIlned all!t ro.th I.. SedIaoa J_ vi lhe Public U111i11es Code. The etr_ dote of this onIer sbaJI be -1- Appmved I11III dalecI at S'aa F..n~-. California ... I'lIBLlC UTILITIES COMMISSION OF11IE STATE OF CALIFORNIA Br- JOSEPH Eo BODOvrTZ Ez<<rn/.. DI_r (~......... ,"-,,"to._ _._........10... -. Exhibit A