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HomeMy WebLinkAboutCC RESO 6521RESOLUTION NO. 6521 The City Council of the City of National City does hereby resolve as follows: That the Agreement as amended, a copy of which is hereto attached, by and between California Water and Telephone Company, V. R. Dennis Construction Company and the City of National City is hereby accepted and approved, and the Mayor and City Clerk are authorized and directed to execute the same for and on behalf of the City of National City. PASSED AND ADOPTEn the /.i-4 day of November, 1955. Mayor ATTEST: City Clerk J THIS A 955* by a 00 party of the a corporatia second part, hereinafter A. n, here C z4 the CIS C TI(*AL CITY, a municipal co tr on, redto as"Ci t+, ' party of the third part, ti.*s Hs ode and t CALIFORNIA referred to tom V. R. referred to as Dennis," D. Nielps, as fo, reets of Kati l City, on or abet the 30th day of le r, 1955, made and red into an agreement viding for the improvement of Harbison Avenue, ernen the center line of 4tth Street and the center a+e of Division Street, in National City, CatGli toxn#ae, euant to the "Improvement Act of 191111 B. California Water has certain Service lines and hydrants located. on and under said Harbison Avenue n 4th Street and Division Street; C « That twenty seven (27) of said water service see sandone (1) fire hydrant must be removed and before Dennis can commence the work of improve- menat of Harbison Avenue pursuant to t D. That a controversy eaeistea be !later and the 'City" as to which is the cast of removing and relocating t l a fire hydrant; existing contract; e li.tornia u to bear aye X. Water ing said water vice i. IT IS ; , .a . I. The "Calif'orn authe rise the V. R Deto x locate said water serv: rrhison Avenue between 4th Sty City ofNational City. II. That it is agreed that the cost of said work shall be on a labor and material basis estimated to be approximately y of said work and improve oowt T ia'W csf the res "City sibility between the the ,oet of removing es and i hydrant; AS PO ifs 3 ater '1 and t se �C1 t C 1660.00. III. The V. R. sd= to caarence the work on the i on ii Di without dewy pursuant to its contrast Cty agrees that It will, wthi days r the execution of this contract die y declaratory relief in the Superior Court of against the "Ceilferrnia Water for the de ., responsibility between the "California Water" a for the cost of the relocation of said water se and fire hydrant x •,. shall prosecute said actionwith due diligence to a co olusioa. V. It i.s &Armed that the execution of 'this a the California Water ?end the City ` s Il in re uri ce the rights of either of aeaid lases ao constitute an admission between them as to for the cost of the removal and relocation or *et+ ervice lines and tire hydrant. `elocat uQ n of the whe Cit hie "call dotea y as to wbi h 9 location or sa the party 0 mooval and relocation 0 fire hydrant. IN WI . n ATMS?: s Company d water se duly' ecuted by heheave written p ble for t east of 4krvtco . 0 and t ourt tU be se ng finals PAY coat of the lines and NATIONAL C TY