HomeMy WebLinkAboutReso 4747-1967RESOLUTION NO. 4747
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING CITY MANAGER TO
EXECUTE AGREEMENTS FOR POLE CONTACTS.
BE IT RESOLVED by the City Council of the City of South
San Francisco, that the City Manager of the City of South San
Francisco is hereby authorized to execute agreements sub-
stantially in the form set forth in Exhibit A, attached
hereto, entitled "Agreement Covering Pole Contacts", covering
pole contacts with the Pacific Gas and Electric Company, a~
California corporation, and he shall be so designated and
authorized until this authorization is revoked by the City
Council.
I hereby certify that the foregoing Resolution was
regularly introduced and adopted by the City Council of the
regular
October , 19 67
City of South San Francisco at a
meeting held on the 2nd day of
by the following vote:
AYES, COUNCILMEN
NOES, "
ABSENT, "
Patrick E. Ahern, Frank J. Bertucelli, Emilio
Cortesi, Andrew Rocca, and Guido J. Rozzi.
None.
None.
ATTE ST'/~~~C it Y Cl~er d~~ '
m D,v,.,o, o,,,c, EXHIBIT A TO RESOLUTION NO. 4747
~-1 i:L.£C. O;"[R.
AGREEMENT COVERING POLE CONTACTS
PACIFIC GAS AND RLF. CTRIC COMPANY, a California corporation, hereinafter called Pacific,
and .... CITY OF SOUTH SAN FRANCI..S.C_~.z_a ~Ca~fornia municipal corporation
, hereinafter called Permittee,
hereby agree as follows:
1. In consideration of Permittee's promises herein Pacific hereby g4ves Permittee permi~.~ion,
on the terms and conditions herein stated, to in~tall, maintain and use equipment on the poles and
for the purposes designated on the sketch attached hereto, marked Exhibit A and hereby made a
part hereof.
2. This permission is personal to Permittee and shall not be assigned in whole or in pa~ without
the written consent of Pacific first being had.
3. Permittee shall install it~ equipment on said poles in the manner desianated on Exhibit A, and
thereafter at alt times maintain and operate same in a skillful, la~vful and proper manner satisfactor~
to Pacific and so as not in any way to interfere with any power line, telephone line or other structure
maintained or operated by Pacific or others. .
free
4. Permitte'e shall pay to Pacific on the first day of each January the sum of ........................
for each pole contacted hereunder on such day, provided, however, that such payment shall not be
less than_ ................... ..z...r...e..e_ ........ ~o long as Permittee shall contact any of said poles hereunder.
5. Ail of said equipment shall be installed and maintained at the sole r~sk and expense of Permit-
tee, and in this connection Pennittee shall indemnify Pacific, its officers, agents, and employees
against all loss, damage, expense, and liability resulting from injury to or death of person or injury
to property ari.~ing out of or in any way connected with the exercise by Permittee of the privileges
herein given.
6. Within thirty days after being given written notice by Pacific to do ~o, Permittee shall remove
its equipment from such poles as may be designated in such notice, and at the expiration of said time
all right~ of Permittee to use such poles so designated shall forthwith cease. If Permittee fails to re-
move its equipment from such poles within said time, Pacific shall have the right to do so at Permittee's
risk and expense. Such removal, whether by Pacific or Permittee, shall not release Permittee from
any obligation, whether of indemnity or otherwise, accruing prior to such rernoval or arising out of an
occurrence happening prior thereto.
7. If Permittee fails to use its equipment for any period of sixty consecutive days that fact shall
be conclusively presumed an abandonment thereof by Permittee and shall terminate all rights of Per-
mittee hereunder, whereupon Pacific shall have the right, on giving Permittee ten days' written
notice of its intention so to do, to remove said equipment at Permittee's r~sk and expense, and retain
· same as its own. Such abandonment shall not relieve Permittee of any obligation, whether of indem-
nity or otherwise, accruing prior to completion of such removal by Pacific or which aries out of
.an. occurrence happening prior thereto.
8. Any notice to Permittee hereunder shall be deemed given on the date of ':ts deposit in a United
States post office enclosed in an envelope, postage prepaid, and addressed to Permittee at itz lazt
known address.
9. Permit~ee shall obtain from public authorities and private owners of real property any and
.all permits, licenses or grants nece~ary for the lawful exercize of the permalon hereby given.
10. Time i~ of the e~ence hereof.
..Executed this ............ day of . . . ,19 .........
PACIFIC GAS A~ND ELECTRIC COMPA~N-Y
By
..._C,it¥ of South San Francisco
~X~X City Manager
and By