HomeMy WebLinkAbout1975-08-05; City Council; Resolution 37041
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RESOLUTION NO 3704
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING
THE MAYOR TO EXECUTE A CONTRACT WITH THE
SAN DIEGO GAS AND ELECTRIC COMPANY FOR THE
MAINTENANCE AND OPERATION OF THE CITY STREET
LIGHTING SYSTEM FOR 1975-76
WHEREAS, the City Council has by Resolution No.3703 ordered
the formation of Lighting Maintenance Districts in the City of
Carlsbad to provide for the maintenance and operation of a street
lighting system in said City; and
WHEREAS, it is necessary for the City to contract for the
energy to power said system and for other necessary items for
operation and maintenance of said system as described in said
resolution; and
WHEREAS, the San Diego Gas and Electric Company is the sole
and only source available to the City capable of performing said
contracts which are governed as to rates and rules by the Californ.
Public Utilities Commission.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the Mayor is authorized to execute on behalf of
the City a contract with the San Diego Gas and Electric Company
for the operation and maintenance of the City in a form and with
the terms and conditions as set out in Exhibit "A" attached hereto
and incorporated by reference herein.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held the 5th
day of August , 1975, by the following vote, to wit:
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0
AYES :
NOES :
ABSENT :
Councilmen Frazee, Chase, Lewis, Skotnicki and
None Councilwoman Casler
None CAW
RmEkT C. FRAZEE, May&
ATTEST:
(seal)
-2-
AGREEMENT FOR S'L12EET LIGHTING
SCHEDULE LS2-A
This Agreement is made and entered info as of the 1'4th day of
July ~ 19 75 , by and between Wi! DIEGO CAS & ELECTRIC COMPANY,
a corporation, hereinafter called "UtiPity" and Ci ty of @a rlsbad
hereinafter called "Applicant"
In consideration of the mutual grsmfses herein, the parties agree as
follows:
1.
2.
3.
4.
5.
6.
Utility agrees to furnish e%ciftrfc pnergy and swfiching
service fox ornamental streeir LBgh~s connected to system(s)
installed and owned by Applicant as described in Exhibit A,
attached hereto and made a paat hereof.
Applicant agrees to take and psy manthly for said semi-ce
under the Utility's applicable rate schedules, attached hereto
and made a part hereof, €or 8nsraX.Patfons set forth Llz ExbLbS-i-
A for period of 1 years comencing _?Zuly 14th r
1975 or as soon thereafter Utfliey is rcascraabiy able to
supply said service.
The parties agree that upon the expiration of the original tem,
this agreement shall be autoxnaKically extended for successive
terms of one year each; prov$ded that this agreement my Ee
terminated by either party U~KS nasfi less than 60 days w~rft6tea
notice prior to the expiration date of the original tem or any
extended term. f
The parties agree that no change shall. be made Ln the above
street fighting system, except by modificakBons nuttiaartlg agreed
upon in writi?g. By said modffieotian new street lights may be
added under the applicable rate and UtPl-ity agrees 80 meke any
necessary installations in accoxdance with fts Rules and
regulations; provided that no change will, be made kn the locatf.on
of existing lights unless the expense thereof is paid by AppLicssnt.
Applicant agrees that should service to any oE the above descrj.bed
street lights be disesneinued duri,ng the EirsC year of a~svice
following installation, it shaU pay (IO Utiifty the net installa-
tion and removal Costs incurred by Utiltcty to sender such service. Applicant further agrees thaa 8licru.lQ said service be dfscontfnued
during the second OK third yetx, it shall pay to Uttlity said net
is continued beyond the first year,
CQStS lese 1/24th Of bhe tOf3ll 6J3OVTl~ far each tlX3rh~bp that SerVj.Ce
Utility agrees to use reasonable diligence In provPding uafritea-
rupted service, but does not gaarronters continuity or sufPfcfency
of supply of electric energy, Ef say of said street lights fail
106-37140 (lb1/73) (Lighth~g Districts 1-2-31
6.
.. 7.
8.
(continued)
to bum properly, or if for any reason Utility is unable to
supply energy for said lighting service, Applicant agrees
that the only liability of Utility shall be to rebate the
proportionate charge for the time that such lamps fail to burn,
excluding the time preceding notiffcation to the Company oC the
particular outage and the first 24 hour period therearter,
Applicant agrees to be governed by the Ucilfty's applicable
rates and Rules on file with the California Utilities Commission,
which rates and Rules are made %I part hereof by reference, and a
copy of which will be furnished tu Apglfeans upon request. This
Agreement shall at all times be subject to such changes or modifi-
cations as said Commission mayg Prom time ta time, direct 5.12 the
exercise of its jurisdiction,
Applicant may, with Utility's wPiCten ccin,,sent, assign this
Agreement provided that the Assignee thereof agrees in writing
to perform the obligations and i~ssume the liability hereunder.
Any assignment by Applfcant which is not: in accordance with this
provision shall be null and void and of no'legal e€fast,
IN WITNESS WHEREOF, the parties hereko have caused thf.3 Prgreement to
be executed forandon behalf of each, by their duly authorized agents, partners,
or corporate officers, as of the day and gear first abcrwe ~Pteera.
,.
f the City of Carlsbad
'88 'Address :
1200 Elm Avenue
Carlsbad, CA 92008 Agre~~ne: Submitted to Applicant by:
Date:
Address to which monthly billing
will be mailed:
2
Number Size of in Lights Lumens
491 '7,000
2 10,000
8 10 , 000
219 20,000
EXHIBIT A
%es not include fuel cost adjust" factor