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HomeMy WebLinkAbout1975-07-01; City Council; 3354-2; Lighting District Report. - - , . ( '/></' ^J CITY OF CARLSBAD AGENDA BILL NO. 3354 SupplNo. 4, _ Initial: O ^ DATE:_£uly.l, 1975 __ = ____ __ C . Atty . DEPARTMENT: _ Engineering __ ' ___ C. Mgr. ______ _ \s "Subject: 1975-76 LIGHTING DISTRICT REPORT Statement of the Matter Resolution No. 3657 was adopted by City Council on June 3, 1975, selecting a public hearing date of July 1, 1975 for the annual street light maintenance district. The notices required for this hearing date were not complete .and it is necessary to rescind Resolution No. 3657 and pass a resolution setting a new hearing date. Exhibits 1. Resolution No . 'H rescinding Resolution No. 3657 2. Resolution No. ' declaring intention to establish street light assessment district Recommendation It is recommended that the City Council of the City "of Carlsbad adopt Resolution No. ^^77 rescinding Resolution No. 3657 and also adopt Resolution No. 9 L y^declaring intention to establish street light assessment districts. Council action 7-1-75 Resolution #3677 was adopted, rescinding Resolution #3657. Resolution #3678 was adopted, declaring intention to establish street light assessment districts, and setting a public hearing for August 5, 1975. 1 2 3 4 5 6 7 8 9 10 11 12 13 o 14 -1 I 15"- < a §&|i 16i^is= s«3 17It . fj <^ iu O I £ § S 18 CJ" fl» *"" BOZ O to >£ * 19 > ° G 20 21 22 23 24 25? i 26 27 28 00 RESOLUTION NO. 3677 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RESCINDING RESOLUTION NO. 3657, WHICH DECLARED THE INTENTION OF SAID COUNCIL TO ESTABLISH LIGHTING MAINTENANCE DISTRICTS IN THE CITY OF CARLSBAD AND SET A TIME AND PLACE FOR HEARING PROTESTS THERETO, DUE TO INCOMPLETE NOTICING OF SUCH HEARING. WHEREAS, the City Council adopted Resolution No. 3657 declaring its intention to establish lighting maintenance dis- tricts in the City of Carlsbad for a period from July 1, 1975 to June 30, thereto; 1977, and setting a time and place for hearing protests and WHEREAS, the notices for the July 1, 1975 hearing of such protests were not complete; the City Carlsbad NOW, THEREFORE, BE IT RESOLVED by the City Council of of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That Resolution No. 3657 is hereby rescinded. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 1st day of July , 1975, by the following vote, to wit: »v j \ *•'ATTEST: *• J • ' ' x^T^ <•/ ftc-fa '.MARGARET ' ' ' v ' \SEAL) i "• . ,>. ,'• .' ' i * AYES: Councilmen Frazee, Chase, Lewis, Skotnicki and Councilwoman Casler NOES: None c .^ ABSENT: None \^f . / ^/ 'i"'X f\@~3&<-S(--' ^-ItZ^ff •fy\ ROBERT C. FRAZEE^ Mayor tj)V ,-, S/*/ 'JfA/J^ <^ /^X^L^^x^ E. ADAMS, City Clerk i _' ) ; ^ /' \ .-•'' ..•' V- ' , ' ., ';- • ' ••'.- "••••:•"'• 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 3678 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING THE INTEN- TION OF SAID COUNCIL TO ESTABLISH LIGHTING MAINTENANCE DISTRICTS IN THE CITY OF CARLSBAD TO PROVIDE FOR THE MAINTENANCE AND OPERATION OF STREET LIGHTING SYSTEMS IN SAID CITY FOR A PERIOD OF MONTHS BEGINNING JULY 1, 1975 AND ENDING JUNE 30, 1977, AND SETTING A TIME AND PLACE FOR HEARING PROTESTS THERETO. WHEREAS, the City Council has determined upon report by the City Engineer that the public interest and convenience require the operation and maintenance of a street lighting system in the City of Carlsbad; and WHEREAS, the City Council intends to fund a portion of the expenses for said system by the formation of three districts com- prised of lands to be benefited by said system all pursuant to the Municipal Lighting Maintenance District Act of 1927? 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 public interest and convenience require and it is the intention of this City Council to order that a street lighting system comprised of certain fixtures and appliances on certain public ways within the City, both as described herein, be maintained and operated for a period of months beginning July 1, 1975, and ending June 30, 1977, and that a portion of the costs thereof be financed by assessments levied against certain lands within the City benefiting from said system contained in three districts to be formed pursuant to the Municipal Lighting Mainten- ance District Act of 1927. 3. That the public ways to be lighted are shown on the plat 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 123 24 25 26 27 28 map entitled "Lighting Maintenance District Map 1975-77" on file in the Office of the City Clerk and incorporated by reference herein. 4. The lighting systems to be maintained and operated are also shown on said map: District 1 outlined in yellow encompasses all of the City of Carlsbad; District 2 is made up of the red areas; and District 3 is made up of the green areas, and are further generally described in the Report of the City Engineer to the City Council dated June 3, 1975, on file in the Office of the City Clerk and incorporated by reference herein. 5. That the general items of expense of maintenance and opera- tion proposed to be furnished, the cost of which is to be assessed in whole or in part against the lands within the three districts including electric power, repairs, replacements and other necessary items, are described in said Report of the City Engineer. 6. That the statement of the estimated cost of all other items in the three districts for the first year is contained in said report and in Exhibit "A" thereto. 7. That it is estimated that the system will not require any gas power. It is estimated that the system will require approximately 1,376,866 kilowatt-hours of electric power per year for each year of operation. 8. That the boundaries of the three districts to be benefited by and to be assessed to pay the costs of the maintenance and operation of the system are shown on the map entitled "Lighting Maintenance District Map 1975-77" on file in the Office of the City Clerk and incorporated by reference herein. 9. That the length of time that maintenance and operation 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 shall be furnished for the system shall be from 1975 to 1977. 10. That the improvement contemplated by this Resolution of Intention shall be done under the provisions of the Municipal Lighting Maintenance District Act of 1927, being Part 3 of Division 14 of the Streets and Highways Code of the State of California. 11. That 7:00 p.m., the 5th day of August, 1975, at the Council Chambers of the City Hall, 1200 Elm Avenue, Carlsbad, California, is hereby designated as the time and the place where all persons having any interest in lands within the district liable to be assessed for the expenses of the maintenance and operations may be heard and objections or protests will be heard. 12. That there shall be paid a percentage of the costs of the maintenance and operations of said system by the City from such funds as the City Council may designate as follows: District No. 1: Zero (0%) Percent District No. 2: One-half (1/2%) Percent District No. 3: One-and-one-quarter (1-1/4%) Percent 13. That the City Clerk is directed to give notice of said time and place of hearing in the time, form and manner prescribed by law in the official newspaper of the City. 14. That the City Engineer is directed to post the notices as required by Section 18666 of the Streets and Highways Code. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 1st day of July , 1975 by the follow:n< 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vote, to wit: AYES: Councilman Frazee, Chase, Lewis, Skotnicki and •CounciIwoman Casler NOES: None ABSENT: None ROBERT C. FRAZEE, Mafor ATTXF C T • ' / v \± j. jpjO x • ' o > MARGAHET E. ADAMSv, City Clerk (seal) AGREEMENT FOR STREET LIGHTING SCHEDULE LS2-A This Agreement is made and entered into as of the l4th day of July , 19 75.» by and between SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called "Utility", and _j3i_ty of Carlsbad , hereinafter called "Applicant". In consideration of the mutual promises herein, the parties agree as follows: 1. 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. 2. 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 years commencing July l^t-th , 1975 » or as soon thereafter as Utility is reasonably able to supply said service. 3. The parties agree that upon the expiration of the original term, 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 date of the original term or any extended term. 4. 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. 5. 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 l/24th of the total amount for each month that service is continued beyond the first year. 6. 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 106-371*0 (11/73) (Lighting Districts 1-2-3) 6. (continued) 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 tho. particular outage and the first 24 hour period thereafter. 7. 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. 8. 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 to be executed for and on behalf of each, by their duly authorized agents, partners, or corporate officers, as of the day and year first above written. APPLICANT City of Carlsbad SAN DIEGO GAS & ELE^RIC COMPANY a corn Authyfized Signature-Utility7 RDRFRT f. FRAZEE ^ / Mavor of the Citv of Carlsbad Address: 1200 Elm Avenue Carlsbad, CA 92008 Agreement Submitted to Applicant by: Date: Address to which monthly billing will be mailed: 2 of 2 EXHIBIT A Account Number 6997-71201 Number of Lights 491 2 8 219 Size in Lumens 7,000 10,000 10,000 20,000 Type of Lampi » i ii Mercury Vapor Incandescent Mercury Vapor Mercury Vapor Burning Hours Per Year 4,033 4,033 4,033 4,033 Rate • Schedule LS2A LS2A LS2A LS2A Rate Per Lamp Per Month * $2.61 6.71 3.66 5.53 *Does not include fuel cost adjustment factor