Resolution No. 3974RESOLUTION NO 3974
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING
PERMISSION TO PACIFICARE HEALTH SYSTEMS, INC , TO EXCAVATE IN THE
PUBLIC RIGHT-OF-WAY FOR THE PURPOSE OF INSTALLING A
COMMUNICATIONS FACILITY
WHEREAS excavation in the public right-of-way is regulated
by the City of Cypress and requires that an encroachment permit
be applied for prior to commencing work, and
WHEREAS a permittee shall not make or cause to be made any
excavation, or construct, place upon, maintain or leave any
obstruction, or impediment to travel, or pile or place any
material in or upon any street, or install or maintain or cause
to be installed or maintained any tank, pipe conduit duct or
tunnel in, upon, or under the surface of any highway, at any
location or in any manner other than that described in the
application, unless approved by the City of Cypress and
WHEREAS, PacifiCare Health Systems Inc. ("PacifiCare")
has made application to the City of Cypress to request permission
to excavate in the public right-of-way in order to install two
(2) fiber optic cables inside of two (2) 4" conduits between two
of their facilities on Gateway Drive and Plaza Drive, totalling
2855 lineal feet to expand their communications capabilities
and
WHEREAS this installation is contingent upon the City of
Cypress granting permission to PacifiCare for excavating and
installing the cable in the public right-of-way
NOW, THEREFORE BE IT RESOLVED that the City Council of the
City of Cypress hereby authorizes PacifiCare subject, to the
conditions contained herein below to install construct, operate
and retain a Communications Facility in streets, consisting of
two (2) fiber optic cables inside of a 4" conduit in the public
right-of-way comprising 2855 lineal feet, in an area specified
as Gateway Drive Valley View Street, and Plaza Drive
1 Installation of said conduit shall be done by boring
only and shall be placed at least five (5') feet from the edge of
the pavement, or graded traveled roadway unless otherwise
authorized in writing by the Director of Public Works The
shallowest portion of any pipe line or other facility shall be
installed not less than thirty (30") inches below the roadway
surface
2 PacifiCare shall take adequate precautions for the
protection of the public Warning signs, lights barricades and
other devices together with flagmen where necessary shall be
placed and maintained in accordance with the most recent edition
of the Work Area Traffic Control Handbook, published by Building
News and shall remain in place until the roadway is safe for the
traveling public.
3 Immediately upon completion of the work necessitating
the excavation or obstruction authorized by any permit issued
pursuant to this Resolution, PacifiCare shall promptly and in a
workmanlike manner refill the excavation or obstruction to the
satisfaction of the Director of Public Works
4 PacifiCare agrees that in the event that the conduit for
which the permit is issued at any time interferes in the future
with the use, repair, improvement, widening change of grade or
relocation of any public street or highway due to abandonment,
vacation, redevelopment or any other cause, of all or any portion
or portions of such street or highway or interferes with the
construction of any subway viaduct or other underground conduit
or structure of any nature PacifiCare or its successors or
assigns shall at its own expense, within ten days after the
receipt of a written notice from the Director of Public Works
relocate said conduit to an alternative site designated by the
Director of Public Works
5 PacifiCare agrees to indemnify, defend and save harmless
the City of Cypress its authorized agents officers,
representatives and employees from and against any and all
penalties liabilities, annoyances or loss resulting from claims
or court action arising out of any accident, loss or damage to
persons or property happening or occurring as a proximate result
of any work undertaken under the permit granted pursuant to the
application.
6 PacifiCare shall notify the Director of Public Works in
writing at least forty-eight (48) hours in advance of the time
when work will be started, and shall upon completion of the work,
immediately notify the Director of Public Works in writing of
such completion.
7 PacifiCare agrees to secure and maintain Comprehensive
General Liability insurance, with "SCU" coverage, in an amount
not less than $1 000 000 Combined Single Limit, and Workers'
Compensation/Employers Liability insurance in the statutory
amount required by State Law The City of Cypress shall be named
as an additional insured on a certificate submitted by PacifiCare
prior to beginning any work under the Permit. Said certificate
shall provide for a thirty (30) day written notice of
cancellation, and shall be endorsed by the companies providing
the insurance The Director of Public Works may reduce the
required insurance coverage to $500 000 Combined Single -Limit or
increase said coverage to $2 000,000 Combined Single Limit if, in
his sole determination, the scope of permitted work justifies
said decrease or increase. This permit shall be become null and
void (1) upon the earliest expiration date of or (2) immediately
upon cancellation of any of the coverages listed on the
Certificate of Insurance
8 PacifiCare agrees to pay to the City of Cypress an
annual fee in lawful money of the United States, in the amount as
calculated using the cubic foot formula as follows an amount
based on the street space required for the Communications
Facility including manholes, at the rate of $0 89 per cubic foot
per year or a fixed amount of $1 000 per year, whichever is
greater The street space required for a conduit together with
protective covering, connections, cathodic protection facilities,
casings and other minor appurtenances shall be taken as
equivalent to the volume occupied by a cylinder of equal length
having a diameter of one inch (1") greater than the nominal
internal diameter of the conduit, but in no case with an
equivalent cylinder diameter less than six inches (6"), and the
payment rate, therefore, shall be computed to the nearest tenth
of a cent per lineal foot Street space required by any large
appurtenances such as manholes shall be computed from the
outside dimensions of the structure This fee shall be paid to
the City of Cypress not later than thirty (30) days after the end
of each fiscal year which is June 30th PacifiCare shall file
with each payment a statement as approved by the City of Cypress
and certified by the chief financial officer of PacifiCare which
establishes the basis for the amount. There will be an annual
increase in the fee in accordance with the CPI -W effective on
July 1 each year
9 Nothing in this permit shall be construed as a waiver of
any code or ordinance of the City or the City's right to require
PacifiCare or any Person utilizing the System, to secure all
appropriated permits or authorizations for such use
,
10 This permit is a privilege to be held in personal trust
by PacifiCare No rights or obligations of PacifiCare pursuant
to this permit, shall be transferred in part or as a whole, by
assignment trust mortgage, lease, sublease pledge or other
hypothecation, and is not to be sold, transferred, leased,
assigned, or disposed of in part or as a whole either by forced
sale merger consolidation, or otherwise, nor shall title
thereto, either legal or equitable, or any right or interest
therein, pass to or vest in any Person, nor shall a change in
Control of PacifiCare either by act of PacifiCare or by operation
of law or otherwise in each such case without the consent of the
City
PASSED AND ADOPTED by the City Council of the City of
Cypress at a regular meeting held on the 26th day of August,
1991
MAYOR OF THE 'CITY OF CYPRESS
ATTEST
CITY CLERK OF CI Y OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO
HEREBY CERTIFY that the foregoing Resolution was duly adopted at
a regular meeting of the said City Council held on the 26th day
of August, 1991, by the following roll call vote
AYES 5 COUNCIL MEMBERS Age, Kerry Nicholson, Partin and Bowman
NOES 0 COUNCIL MEMBERS None
ABSENT' 0 COUNCIL MEMBERS None
CITY CLERK F THE TY OF CYPRESS