HomeMy WebLinkAbout2010-60 - Approving Utility Company Contracts for AD 100.pdfRESOLUTION NO. 2010-60
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
APPROVING CONTRACTS WITH CERTAIN UTILITY COMPANIES FOR
UTILITY IMPROVEMENTS FOR ASSESSMENT DISTRICT NO. 100 (13th St/Balboa
Blvd/Adams St/Ocean Front)
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. 2010 -34, 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.
2010 -34, adopted by this City Council on April 13, 2010, as Assessment District No. 100 (13th St/Balboa
Blvd/Adams St/Ocean Front) (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 8th day of June, 2010.
Mayor
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City Clerk S
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. 2010 -60 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 8t" day of June, 2010, and that the
same was so passed and adopted by the following vote, to wit
Ayes: Selich, Rosansky, Webb, Gardner, Daigle, Mayor Curry
Noes: None
Absent: None
Abstain: Henn
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official
seal of said City this gi" day of June, 2010.
/ City Clerk
Newport Beach, California
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