HomeMy WebLinkAbout1976-07-20; City Council; Resolution 39741
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RESOLUTION NO. 3974
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH THE SAN DIEGO GAS & ELECTRIC COMPANY FOR THE
MAINTENANCE AND OPERATION OF THE CITY
STREET LIGHTING SYSTEM FOR 1976-77
WHEREAS, the City Council has by Resolution No. 3703 ordered the
ormation of Lighting Maintenance Districts in the City of Carlsbad to
lrovide for the maintenance and operation of a street lighting system in
aid City; and
WHEREAS, it is necessary for the City to contract for the energy
.o power said system and for other necessary items for operation and
iaintenance of said system as described in said resolution; and
WHEREAS, the San Diego Gas & Electric Company is the sole and only
ource available to the City capable of performing said contracts which
Ire governed as to rates and rules by the California Public Utilities
;ommi ss i on ;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
;arl sbad as follows :
1. That the above recitations are true and correct.
2. That the Mayor is authorized to execute on behalf of the City
L contract with the San Diego Gas & Electric Company for the operation and
iaintenance of the City in a form and with the terms and conditions as set
)ut in Exhibit "A" attached hereto and incorporated by reference herein.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad
:ity Council held on the 20th day of July , 1976,
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by the following vote, to wit:
AYES : Councilmen Frazee, Lewis, Packard, Skotnicki and
NOES: None
ABSENT: None
Counci 1 woman Cas1 er
,&-
ROBERT C. FRAZEE, Mayor 4
\TTEST:
(seal )
AGREEMENT FOR STREET LIGHTING
SCHEDULE LS2-A
This Agreement is made and entered into as of the 7th day of
JUl3' , 19 76 , by and between SAN DIEGO GAS & ELECTRIC COMPANY,
a corporation, hereinafter called "Utility", and City Of Cerlsbad
, hereinafter called "Applicant".
follows :
In consideration of the mutual promises herein, the parties agree as
1.
2.
3.
4.
5.
6.
Utility agrees to furnish electric energy and switching
service for ornamental street lights connected to system(s)
installed and owned by Applicant as described in Exhibit A,
attached hereto and made a part hereof.
Applicant agrees to take and pay monthly for said service
under the Utility's applicable rate schedules, attached hereto
and made a part hereof, for installations set forth in Exhibit
A for period of 1 yearr commencing JW 14th 9
19 76 , or as soon thereafter as Utility is reasonably able to
supply said service.
I The parties agree that upon the expiration of the original teh,
this agreement shall be automatically extended for successive
terms of one year each; provided that this agreement may be
terminated by either party upon not less than 60 days written
notice prior to the expiration da"te of the original term or any
extended term.
The parties agree that no change shall be made in the above
street lighting system, except by modifications mutually agreed
upon in writing. By said modification new street lights may be
added under the applicable rate and Utility agrees to make any
necessary installations in accordance with its Rules and
regulations; provided that no change will be made in the location
of existing lights unless the expense thereof is paid by Applicant.
Applicant agrees that should service to any of the above described
street lights be discontinued during the first year of service
following installation, it shall pay to Utility the net installa-
tion and removal costs incurred by Utility to render such service.
Applicant further agrees that should said service be discontinued
during the second or third year, it shall pay to Utility said net
costs less 1/24th of the total amount for each month that service
is continued beyond the first year.
Utility agrees to use reasonable diligence in providing uninter-
rupted service, but does not guarantee continuity or sufficiency
of supply of electric energy. If any of said street lights fail
106-37140 (11/73)
(continued) 6.
7.
8.
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 notification to the Company of the
particular outage and the first 24 hour period thereafter.
Applicant agrees to be governed by the Utility's applicable
rates and Rules on file with the California Utilities Commission,
which rates and Rules are made a part hereof by reference, and a
copy of which will be furnished to Applicant upon request. This
Agreement shall at all times be subject to such changes or modifi-
cations as said Commission may, from time to time, direct in the
exercise of its jurisdiction.
Applicant may, with Utility's written consent, assign this
Agreement provided that the Assignee thereof agrees in writing
to perform the obligations and assume the liability hereunder.
Any assignment by Apdlicant which is not in accordance with this
provision shall be null and void and of no legal effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed for andon behalf of each, by their duly authorized agents, partners,
or corporate officers, as of the day and year first above wf-itten.
CITY OF CARLSBAD, APPLICANT
a mmicipal corporation
BY ' Robert C. FrazeeYdMayor
Address :
1200 Elm Avenue
Carlsbad, CA 92008
Date :
July 20, 1976
Address to which monthly billing
will be mailed:
1200 Elm Avenue
Agreement Submitted to Applicant by:
Carlsbad, California 92008
2 of 2
Xunber Size
of in
Lights Lumens
EXHIBIT A
Account Number 6997-71201
Type Burning ,
of Hours
Per Year Lamp
Type Burning ,
of Hours
Per Year Lamp
581 7,000 Mercury Vapor 4,033
2 10,000 Incandescent 4,033
22 10,000 I4ercury Vapor 4,033
2 86 20,000 Mercury Vapor 4,033
Rate Per
Rate Lamp Schedule Per Xonth*
LS2A $2.83
LS2A 7.40
LS2A 3.97
LS2A 6.08
*Does not include fuel cost adjustment factor
.- ."+
0 e, 4
c AGREEMENT FOR STREET LIGHTING
SCHEDULE LS-1
This Agreement is made and entered into as of the
July , 19 76 , by and between SAN DIEGO GAS & ELECT
a corporation, hereinafter called "Utility", and
follows :
In consideration of the mutual promises
1. Utility agrees to furnish electric
and maintenance for street lights,
poles, as described in Exhibit A, attached hereto and mad
part hereof. The ownership of said
with the Utility.
Applicant agrees to take and pay
under the Utility's applicable rate schedules, attached he
and made a part hereof, for installations set forth in Exh
A for a period of 1 yearlr c
19 76, or as soon thereafter as Utility
supply said service.
The parties agree that upon the expiration of the origin
term, this Agreement shall be automatically extended for
successive terms of one year each; provided that this Ag
may be terminated by either party upon not less than 60 days
written notice prior to
or any extended term.
4. The parties agree th
street lighting system, except b3 modifications mutual
upon in writing.
added under the applicable rate and Utility agrees to make any
necessary installations in accordance with its Rules and
regulations; provided that no change will be made in the locat
of existing lights unless the expense thereof i
Applicant agrees that should service to any of
street lights be discontinued during the first year of service
following installation, it shall pay to Utilit
and removal costs incurred by Utility to render such service.
Applicant further agrees that should said service be discontinued
during the second or third year, it shall pay to Utility said net e
costs less 1/24th of the total amount for each month that
is continued beyond the first year.
2.
3.
original term
By said modification new street lights may be
-
5.
I *. b. ..
-.
6. Utility agrees to use reasinable diligence in providing
uninterrupted service, but does not guarantee continuity
or sufficiency of supply of electric energy. If any of
said street lights fail to burn 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 notification to the
Company of the particular outage and the first 24 hour period thereafter.
Applicant agrees to be governed by the Utility's applicable
rates and Rules on file with the California Utilities
Commission, which rates and Rules are made a part hereof by
reference, and a copy of which will be furnished to Applicant
upon request.
such changes or modifications as said Commission may, from time
to time, direct in the exercise of its jurisdiction.
Applicant may, with Utility's written consent, assign this
Agreement provided that the Assignee thereof agrees in writing
to perform the obligations and assume the liability hereunder.
Any assignment by Applicant which is not in accordance with
this provision shall be null and void and of no legal effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
7.
This Agreement shall at all times be subject to
8.
to be executed for and on behalf of each, by their duly authorized agents,
partners, or corporate officers, as of the day and year 7 first above written. J=
APpLICANT CITY OF CARLSBAD,
Address :
Carlsbad, CA 92008
Date :
July 20, 1976
Address to which monthly billing
will be mailed:
hmber
of
Li ght s
481
29
24
96
13
Size
in
Lunens
7,000
7,000
10,030
20,000
20,000
EXHIBIT A
Account "iber 6997-71301
Type Burning
of Hours
Per Year LamE
blercury Vapor 4,033
Yercury Vapor 4,033
blercury Vapor 4,033
Ikrcury Va?or 4,033
lkrcury Vapor 4,033
I
Rate Per
Rat e Lamp
S che dule Per Month*
LS1 $5.82
LSl-1 7.13
LS1 7.16
LS1 9.28
LS1-1 10 99
, I- .. -
*Does not include fuel cost adjustment factor -