HomeMy WebLinkAbout2009-57 - Contracts for Assessment District No. 103RESOLUTION NO. 2009-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH APPROVING CONTRACTS WITH CERTAIN UTILITY
COMPANIES FOR UTILITY IMPROVEMENTS FOR ASSESSMENT
DISTRICT NO. 103 (G SUE Balboa Blvd/Channel Rd/Ocean Blvd)
WHEREAS, this City Council has, pursuant to the provisions of the "Municipal
Improvement Act of 1913," being Division 12 of the Streets and Highways Code of the State of
California (the "Code "), by adoption of its Resolution No. 2009 -36, declared its intention to order the
work of converting existing overhead electrical and communication facilities to underground
locations, together with appurtenance work and improvements (the "Project'), within or immediately
adjacent to an area designated by Resolution No. 2009 -35, adopted by this City Council on June 9,
2009, as Assessment District No. 103 (G SUE Balboa Blvd/Channel Rd/Ocean Blvd) (the
"Assessment District'); and
WHEREAS, Section 10110 of the Code ( "Section 10110 ") specifies that, before ordering the
construction or installation of any facilities which are to be owned, managed or controlled by another
public agency or public utility, an agreement is required setting forth the terms and conditions of the
installation, ownership, management and financing of those facilities; and
WHEREAS, the Project includes facilities which are to owned, managed and controlled by
(a) Southern California Edison and (b) AT &T (together, the "Utility Companies "); and
WHEREAS, the Utility Companies have submitted to the City their respective contracts (the
"Utility Company Contracts "), each in a standard form for facilities such as those included in the
Project, and the Utility Company Contracts have been submitted to this City Council at this meeting
for consideration; and
WHEREAS, this City Council wishes to approve the Utility Company Contracts as the
means of achieving compliance with Section 10110;
NOW, THEREFORE, it is hereby Determined, Ordered, and Resolved as follows:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The Utility Company Contracts are hereby approved for execution and
delivery on behalf of the City to the respective Utility Companies.
SECTION 3. Immediately upon execution of the respective Utility Company Contracts,
conformed copies of them shall be transmitted to the office of the respective Utility Companies,
together with a copy of this Resolution.
PASSED, APPROVED, and ADOPTED this 28th day of July, 2009.
ATTEST:
City Clerk
1262614.1
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing resolution,
being Resolution No. 2009 -57 was duly and regularly introduced before and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 28th day of
July, 2009, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 29th day of July, 2009.
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City Clerk
Newport Beach, California
(Seal)