HomeMy WebLinkAboutRES NO 36-76RESOLUTION NO. 36-76
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD APPROVING AGREEMENT BETWEEN CITY
AND PG&E COVERING POLE CONTACTS AND AUTHORIZ-
ING THE MAYOR TO EXECUTE SAME.
BE IT HEREBY RESOLVED by the Council of the City of
Bakersfield as follows:
That the proposed agreement between the City of Bakers-
field and Pacific Gas and Electric Company, attached hereto,
relating to permission given by PG&E to the City to use certain
poles for the purpose of installing, maintaining and using the
City's electrical circuits and appliances connected therewith, is
hereby approved and the Mayor and Clerk are authorized, empowered
and directed, for and on behalf of the City to enter into and exe-
cute said agreement.
o0o
I HEREBY CERTIFY that the foregoing Resolution was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on the ~th day of June, 1976, by the following
vote:
:J~,, ,,~;.Z,L ,[;
COUNCILMEN:
CITY C~K a~ Ex Of cio Clerk of
Council of the ~sfield
APP)'~- h .,-.= .~
'RO~~? :~t -. ~'~of une, 1976
~field
APPRO~D as to fo~:
the
CITY TTORNEY of ersfield
III.-#,lll
PERMITTIE'
JlvlllC)f,I OIrFIC:I ~
ILl:C:. C)PER. DI. FT.
AGREEMENT COVERING POLE CONTACTS
· PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called Pacific,
and c'r A CALIFORNIA MUI~ICIPAL CORPORATION.
1501 Truxton Aven~e~ Bakersfield~ California ., hereinafter called Permittee,
hereby agree as follows:
1. In consideration of Permittee's promises herein Pacific hereby gives Permittee permission,
on the terms and conditions herein stated, to install, maintain and use equipment on the poles and
for the purposes designated on the sketch attached hereto, marked Exhi. bit A and hereby made a
part hereof..
2, This permission is personal to Permittee and shall not be assigned in whole or in part without
the written consent of Pacific first being had. '
3. P~rmittee shall install its equipment on said poles in the manner designated on Exhibit A, and
thereafter at all times maintain and operate same in a skillful, lawful 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.
4. Permittee shall pay to Pacific on the tint day of each January the sum of- FREE ",~"
for each pole ~cted hereunder on such day, provided, however, that such payment shall not be
ies~ than F ................... ~o long as Permittee shall contact any of said poles hereunder.
· 5. All of said equipment shall be installed and maintained at the sole risk and expense of Permit-
tee, and in this connection Permittee 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 arising 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 so, Permittee shall remove
its equipment from such poles as may be designated in such notice, and at the expiration of said time
~ll fights-of Permittee to use such poles so designated shall forthwith cease. If Permittee fails to re-
move itsequipment from such poles within said time, Pacific sMxll have the right to do so at Permittee'8
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 removal or arising out of an
~ccurrence happening prior thereto· ,
7. ff Permittee fails to use its equipment for any period of sixty consecutive days that fact zhal]
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 risk 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 arises out of
an occurrence happening prior thereto.
8. Any notice to Permittee hereunder shah be deemed given on the date of its deposit in a United
~tates post office enclosed in an envzlope, postage prepaid, and addressed to Permittee at its last
known address·
9. Permittee shah obtain from public authorities and p~vate owners of real property any and
.all permits, licenses or grants necessary for the lawful exercise of the permission hereby given.
10. Time is of the essence hereof·
Executed this ..............................day of .......................
and
,19_ ,
PACIFIC GAS AND ELECTRIC COMPANY
..............
FOR SAN ~OAQUIN
...... ..CITY OF BAKERSFIELD
MAY OR
By
DIVIIION MANAGER
3
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