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HomeMy WebLinkAboutCC RESO 11,303RESOLUTION NO. 11,303 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE GAS & ELECTRIC COMPANY FOR THE INSTALLATION OF CITY OWNED CLOSED CIRCUIT VIDEO SYSTEM BE IT RESOLVED that the Mayor is authorized and directed to execute and the City Clerk to attest that certain agreement between the San Diego Gas & Electric Company and the City of National City for the installation, maintenance and operation of a City owned closed circuit video system on distribution poles owned by the San Diego Gas and Electric Company. PASSED AND ADOPTED this 5th day of February, 1974. ATTEST: EXHIBIT A 1'44 PARKING UNDERGROUND LI. POLE NO.88 C POLE NO. 100 POLE Na 188 • • I • • • • • d I I t TV. LINES OVERHEAD ' . LINES • COMMUNITY BUILDING CLOSED CIRCUIT TELEVISION INSTALLATION This permit is granted by San Diego Gas & Electric Company (SDG&E) to the city of National City (City) for the following purposes: 1. For installation, maintenance and operation of a city -owned, closed circuit video system on distribution poles owned by SDG&E, which poles are more specifically described in Exhibit A attached hereto. 2. Installation shall be in strict compliance with the orders and directives of the California Public Utilities Commission applicable thereto, particularly General Order 95 as amended and supplemented, and in strict compliance with construction standards of SDG&E existing at the time of any installation hereunder. Interpretation of orders, di- rectives and standards shall be in accordance with the reported decisions and opinions of the California Public Utilities Commission. However, wherever a dispute arises as to such interpretations, the decisions of SDG&E shall be binding upon City and those acting on behalf of City. 3. City agrees to indemnify and save harmless SDG&E from any and all claims, losses. damages, demands, expenses, injuries or liabilities of any nature whatsoever, including reasonable attorneys' fees, which in any way arise from the installation, modification, maintenance or operation of the closed circuit video system or any other provision of this permit, regardless of cause, unless such cause be the sole negligence of SDG&E, its employees or agents. 4. City further agrees to indemnify SDG&E for damages to SDG&E facilities or property where such damage is a result of the instal- lation, modification, maintenance or operation of said closed circuit video system or resulting from other provisions of this permit. 5. City shall arrange for the maintenance of the closed circuit video system including, but not limited to, transfer to new poles in case of pole replacement, relocation or modification, and shall make the required replacement, transfer or modification within a reasonable period following notification. All work performed by or for City on SDG&E-owned poles shall be done by workmen qualified to perform such work and no such work will be commenced without prior notice to and consent of SDG&E. 6. Nothing in this permit is intended to prohibit SDG&E from removing or relocating any of its poles or other facilities at any time, nor is there any intent to require SDG&E to modify its facilities to make acceptable to City poles which are not acceptable without modification, nor is there an intent that SDG&E acquire or develop additional facilities or rights -of -way to enable City to install any part of such closed circuit video system. 7. The closed circuit video system shall remain the property of City and will be removed from SDG&E-owned poles on or before the date of termination of this permit. 8. This permit shall be for an indefinite period and may be terminated by either party upon ninety (90) days'written notice to the other. 9. No charge will be made to City for this permit. Any work requested by City in addition to the rights herein granted shall be paid for by City in accordance with agreements reached at the time such additional work is requested and agreed upon. 10. Notice to SDG&E as required by this permit shall be in writing and addressed to the Joint Pole Coordinator, Post Office Box 1831, San Diego, California 92112. This permit shall become effective upon the valid execution hereof on behalf of City by a duly authorized officer. This permit shall be exe- cuted in duplicate originals. SAN DIEGO GAS & ELECTRIC COMPANY By J/k E. Thomas V e President - Electric CITY OF NATIONAL CITY By S/Kile Morgan Mayor Date February 5, 1974