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HomeMy WebLinkAboutResolution No. 4834125 RESOLUTION NO. 4834 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING PERMISSION TO USHIO AMERICA 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, Ushio America Inc., ( "Ushio "), has approached the City of Cypress to request permission to excavate in the public right -of -way in order to install fiber optic cable inside of two 4" conduits in Camden Drive and Cerritos Avenue, totaling 785 lineal feet, to expand their communications capabilities; and WHEREAS, this installation is contingent upon the City of Cypress granting permission to Ushio for excavating and installing the cable in the public right -of -way. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES FIND, DETERMINE AND RESOLVE AS FOLLOWS: That the City of Cypress hereby authorizes Ushio, subject to the conditions contained herein below, to install, construct, operate and retain a Communications Facility in streets, consisting of fiber optic cable inside of two 4" conduits in the public right -of -way, comprising of 785 lineal feet, in an area specified as Camden Drive and Cerritos Avenue: 1. Installation of said conduit shall be done in accordance with Cypress Public Works Permit No. 6376, 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. Ushio 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, Ushio shall promptly, and in a workmanlike manner, refill the excavation or obstruction to the satisfaction of the Director of Public Works. 4. Ushio 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, development 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, Ushio, 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. Ushio 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. Ushio 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. 126 7. Ushio 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 Ushio 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. 8. Ushio 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. Ushio shall file with each payment a statement, as approved by the City of Cypress and certified by the chief financial officer of Ushio, 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 Ushio, 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 Ushio. No rights or obligations of Ushio 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 be sold, transferred, leased, assigned, or disposed or 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 Ushio, either by act of Ushio 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 11th day of August, 1997. ATTEST: C CITY OF CYPRESS CITY LERK OF THE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS rcpeli MAYOR OF THE CITY CYPRESS I, Lillian Haina, 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 11th day of August, 1997, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bowman, Jones, Keenan, Piercy NOES: 0 COUNCIL MEMBERS: None and Carroll ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK OF THE CITY OF CYPRESS