Loading...
HomeMy WebLinkAboutResolution No. 39754 RESOLUTION NO 3975 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING PERMISSION TO MCDONNELL DOUGLAS CORPORATION 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, McDonnell Douglas Corporation, ("McDonnell Douglas") has approached the City of Cypress to request permission to excavate in the public right-of-way in order to install one (1) fiber optic cable inside of a 4" conduit on Plaza Drive and Douglas Drive totalling 730 lineal feet to expand their communications capabilities and WHEREAS, this installation is contingent upon the City of Cypress granting permission to McDonnell Douglas 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 McDonnell Douglas subject to the conditions contained herein below to install construct, operate and retain a Communications Facility in streets, consisting of one (1) fiber optic cable inside of one (1) 4" conduit in the public right-of-way comprising 730 lineal feet in an area specified as Plaza Drive and Douglas 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 McDonnell Douglas 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, McDonnell Douglas shall promptly and in a workmanlike manner refill the excavation or obstruction to the satisfaction of the Director of Public Works 4 McDonnell Douglas 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 McDonnell Douglas, 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 4 5 McDonnell Douglas 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 McDonnell Douglas 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 McDonnell Douglas 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 McDonnell Douglas 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 McDonnell Douglas 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 30 McDonnell Douglas shall file with each payment a statement, as approved by the City of Cypress and certified by the chief financial officer of McDonnell Douglas 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 McDonnell Douglas 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 McDonnell Douglas No rights or obligations of McDonnell Douglas 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 McDonnell Douglas, either by act of McDonnell Douglas 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 �F CYPRESS ATTEST* CI CL R F THE TY 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 CL�OFTH(�HE-CITY OF CYPRESS