HomeMy WebLinkAbout1995-184
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95-184
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY
FOR REPLACEMENT OF OVERHEAD WITH UNDERGROUND DISTRIBUTION
FACILITIES RELATIVE TO CABLING IN HIGHLAND AVENUE AND PIEDMONT
DRIVE AT THE WAL-MART DEVELOPMENT.
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, an Agreenent with Southern California Edison Company for
replacement of overhead with underground distribution facilities
relative to cabling in Highland Avenue and Piedmont Drive at the
Wal-Mart Development.
A copy of said agreement is attached
hereto, marked Exhibit "A" and incorporated herein by reference
as fully as though set forth at length.
SECTION 2.
The agreement shall not take effect until
fully signed and executed by both parties. The City shall not be
obligated hereunder unless and until the agreement is fully
executed and no oral agreement relating thereto shall be implied
or authorized.
SECTION 3.
This resolution is rescinded if the parties
to the agreement fail to execute it within ninety (90) days of
the passage of this resolution.
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5-18-95
RESO:
AUTHORIZING EXECUTION OF
CALIFORNIA EDISON COMPANY
UTILITIES.
AGREEMENT ~ITH SOUTHERN
RELATIVE TO UNDERGROUNDING
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I HEREBY CERTIFY that the foregoing resolution was duly
3 Bernardino at a
regular
2 adopted by the Mayor and Common Council of the City of San
4 ~~day of
June
meeting thereof, held on the
, 1995, by the following vote, to-wit:
5 Council Members:
6 NEGRETE
7 CURLIN
8 HERNANDEZ
9 OBERHELMAN
10 DEVLIN
11 POPE-LUDLAM
12 MILLER
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ABSTAIN
ABSEHT
~ar~lerk
The foregoing resolution is hereby approved this /7-/
June
, 1995.
day of
Approved as to form
and legal content:
James F. Penman
City Attorney
BY~~C. )
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7i~Jjtbv$~
Tom Minor, Mayor
Ci ty of San Bernardino
THIS AGREEMENT, made this 22nd day of April ,19 94 ,
between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Utility., and
the party or parties whose names are subscribed hereunder as "Applicants., City of San Bernardino
300 North "D" Street, San Bernardino, CA 92418
WITNESSETH:
WHEREAS, Applicants have requested Utility, pursuant to Section B. of Utility's Rule No. 20,
Replacement of Overhead with Underground Distribution Facilities, to replace. Utility's existing overhead
with underground distribution facUities at the location or locations in the County of
San Bernard~no ,State of California, substantially described as follows:
Highland & Boulder, San Bernaridno
and as shown on the map attached hereto and made a part hereof: and
WHEREAS.
a. It is necessary for an property owners served from Utility's overhead facilities to be
removed to agree in writing to perform the wiring changes on owners' premises so that service may be
furnished from Utility's underground distribution system in accordance with Utility's rules and that
Utility may discontinue Utility's overhead service upon completion of Utility's underground facilities, or
b. Suitable legislation is in effect requiring such property owners to make such necessary
wiring changes and authOrizing Utility to discontinue Utility's overhead service; and
WHEREAS, Underground service connections to each applicant from Utility's underground
distribution system will be installed and maintained as provided in Utility's rules applicable thereto:
NOW, THEREFORE. in consideration of the premises, and of the mutual promises and
covenants of the parties hereto. bereinafter contained, it is mutually agreed by and between the parties
hereto as follows. viz.:
1. Applicants will pay to Utility concurrently with the execution hereof the nonrefundable
amount of $ 131,810. 9q which is the excess, if any, of the estimated costs, exclusive of transformers.
meters and services, of completing the underground system over building a new equivalent overhead
system. The amount contributed thereto by each of said Applicants is designated after his name herein-
after.
2. Applicants will furnish and install the pads and vaults for transformers and associated
equipment, conduits, ducts, boxes, and electrolier bases, and perform other work related to structures
and substructures including breaking of pavement, trenching, backfilling, and repaving required in con-
nection with installation of the underground system, all in accordance with Utility's specifications and
timing requirements at Applicant's expense.
3. Utility will complete the undergrounding of said overhead distribution facilities, pro-
vided, however, Utility has been granted rights of way therefor satisfactory to and without cost to Utility.
seE cso ...-. "ICY S/71 (cw)
4. Parties hereto do hereby declare it is their mutual intention that title to and ownership
of said underground structures and substructures, consisting of pads. vaults, conduits, ducts, boxes, and
electrolier bases shall vest in Utility. Applicants do hereby agree, that immediately upon completion of
the underground system described hereinabove and acceptance by Utility, title to each and every com-
ponent part thereof shall immediately pass to Utility without further action upon the part of Applicants.
5. Applicants each agree Applicants will perform necessary wiring changes on Applicants'
premises so that service may be furnished from Utility's underground distribution system in accordance
with Utility's rules, and Utility may discontinue Utility's overhead servIce upon completion of Utility's
underground facilities.
6. Tbis contract is subject to the Rules of Utility.
7. This contract shall at all tlllies be subject to su<;h changes or modifications by the
Public Utilities Commission of the State of California as said Commission may. from time to time, direct
in tbe exercise of its jurisdiction.
IN WITNESS WHEIiEOf. tbe parties bereto bave executed this agreement on the day and
year first above written.
SOUTHERN CALIFORNIA EDISON COMPANY
By
Regional Manager
District
SIGNATURE OF APPLICANTS
ADDRESS
AMOUNT
CONTRIBUTED
s 131,810.90
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
-;;;>U/l /)I/~
s
~
s
s
6531-7145, 2-7105
TOTAL
s 131,810.90
Witness
Address
156-3
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