Loading...
HomeMy WebLinkAbout1991-403 1 2 3 4 5 6 RESOLUTION NO. 91-403 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY RELATING TO THE REPLACEMENT OF OVERHEAD WITH UNDERGROUND DISTRIBUTION FACILITIES ON TWENTY-FIRST STREET. 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 7 hereby authorized and directed to execute on behalf of said City 8 an Agreement with Southern California Edison Company relating to 9 the replacement of overhead with underground distribution 10 facilities on Twenty-First Street, from Crestview Avenue to San 11 Gabriel Avenue, a copy of which is attached hereto, marked 12 Exhibit "A" and incorporated herein by reference as fully as 13 though set forth at length. 14 SECTION 2. The agreement shall not take effect until 15 fully signed and executed by all parties. The City shall not be 16 obligated hereunder unless and until the agreement is fully 17 executed and no oral agreement relating thereto shall be implied 18 or authorized. 19 SECTION 3. The authorization to execute the above- 20 referenced agreement is rescinded if the parties to the agreement 21 fail to execute it wi thin sixty (60) days of the passage of this 22 resolution. 23 / / / / 24 / / / / 25 / / / / 26 / / / / 27 / / / / 28 / / / / 8/30/91 RESO: . AUTHORIZING EXECUTION OF AGREEMENT. WIT.H SOUTHERN CALIFORNIA EDISON RELATING TO UNDERGROUNDING DISTRIBUTION FACILITIES ON TWENTY-FIRST STREET. 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Cornmon Council of the City of San 3 Bernardino at a regular meeting thereof, held on the 4 16th day of September , 1991, by the following vote, to-wit: 5 Council Members: AYES NAYS ABSTAIN ABSENT 6 ESTRADA x 7 REILLY x 8 HERNANDEZ x 9 MAUDSLEY x 10 MINOR x 11 POPE-LUDLAM x 12 MILLER x 13 14 Q~~ RaChel Krasney, Ci y Clerk 15 The foregoing resolution is hereby approved this 18th 16 day of September , 1991. 17 18 o comb, Mayor an Bernardino / 19 Approved as to form 20 and legal content: 21 James F. Penman City Attorney 22 ,II 23 By I 24 25 26 27 28 - 2 - Res. 91-403 AGREEMENT FOR REPLACEMENT OF OVERHEAD WITH UNDERGROUND DISTRIBUTION FACILITIES (Installation by Utility) TillS AGREEMENT. made this 23rd day of Auqust ,19 91 , between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, herej.nafter called "Util1ty'. and the party or parties whose names are subscribed hereunder as .. Applicants ~ , City of San Bernardino. WITNESSETH WHEREAS. Applicants have reqnested Utility, pnrsuaut 10 Section B. of Util1ty's Rule No. 20. Replacement of Overhead wit.h Underground Dist.ribution Facilities, to replace Utility's existing overhead with underground dist.ribution facilities at the location or locations 1ll the County of San Rernn rd j no , Stat(~ of Califurnia, substantially described as follows: 21st " Valencia San Bernardino, CA and as shown on the map attached hereto and made a part hereof; and WHEREAS. a, It is necessary for all property owners served from Utility's overhead facil1ties 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 di~triblltion system in aecordance with Utility's rules and t.hat Utility may discontinue Utility's overhead service upon completion of Utility's underground facilities, 01' b. Suitable legislation is in effect requll'ing slIch property owners to make such necessary wiring changes and authorizing Utility to discontinue Utility's overhead service; and WHEREAS. Applicants have requested Utility to furnish and install the pads and vaults for transformers and associated equipment, conduits, ducts, boxes, and electrolier bases and to perform other work related to struct.ures and substructures including breaking of pavement, trenching, backfilling, and repaving required in connection with installation of the uuderground system; and WHEREAS, Underground service connections to each applicant from Utility's underground distribution system will be installed and maintained as provided ill Utility's rules applicable t.heret.o; NOW, THE.REI<'ORE, in consideratIOn of t.he premises, and of the mutual vt'Omises anti covenants of the parties hereto, hereinafter contained, it is mutually agreed by and bet.ween the parties hereto as follows, viz.: 1. Applicants WIll pay to Utility concurrently with the execution of t.his agreement. the nonrefundable amount of $ 63.196.00, which is the sum of $~~8 3.00, the esrimated cost of furnishing and installing the underground structures and substructures, including breaking of pavement, trenching, backfilling, and paving required in counection with iustallation of the underground system, and of $ 9, 713 . 00 , the excess, if any, of the estimated costs, exclusive of transformers, met.ers and services, of completing the underground system over building a Ilew equivalent overhead system. The amount contributed by each of said Applicants is shown hereinafter. 2. 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 t.o Utility. 3. Said underground distribution facilities will be and will remain the property of Utilit.y. see eSD 156-1 REV J{71 (CW) ESM 12.30.61 4. 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. 5. This contract is subject to the Rules of Utility. 6. This contract shall at all times be subject to slIch changes or modifications by the Public Utilities Commission of the State of California as said Commission may. from time to time, direct in the exercise of its jurisdiction. -."to IN WITNESS WHEREOF'. the parties hereto have executed this agreement on the day and year first above written. SOUTHERN CALIFORNIA EDISON COMPANY '-I '" () . By c:I>. XC}. \,,~ , D is trict Manager INLAND DISTRICT District b ADDRESS N. "D" Street Bernardino. CA AMOUNT CONTRIBUTED 63,196.00 SIGNATURE OF' APPLICANTS CITY OF SAN $ $ $ $ Witness a~~~ City Clerk 300 N. "D" Street TOTAL $ Address San Bernardino, CA 92418 Approved as to form and legal content: o :::'-.1 " T] James F. Penman City Attorney " .t>. 7- IL -0 ~"" By OJ 7) / Jw'-l -2-