HomeMy WebLinkAbout1995-02-14; City Council; 13030; Acquisition of SDG&E-Owned Street Lighting System'' ' '3.0
IEPT. CSD -1 ACQUISITION OF SDG&E-OWNED
STREET LIGHTING SYSTEM ATG. w4-95
IECOMMENDED ACTION:
Adopt Resolution No. 5-
Conveyance and Operation of Street Lighting Facilities.
approving the execution of the Agreement for
DEPT. HI?
CITY MG
Adopt Resolution No. 9 5J-I 2 approving transfer of $318,539 from the Street Lighting
Assessment Zone fund balance to Fiscal Year 94-95 Street Lighting budget for purchase
in full of the 685 SDG&E-owned street lights.
ITEM EXPLANATION:
City staff and SDG&E staff have reached mutual agreement on the content of "The
Agreement for Conveyance and Operation of Street Lighting Facilities," which sets all
conditions mandated by the California Public Utility Commission (CPUC) necessary for
sale of any utility, or utility property, from one agency to another. The agreement is
included in this agenda package as Exhibit 3.
BACKGROUND:
The concept and preliminary study for purchase of the SDG&E-owned and maintained
public street lighting system began in 1989 with an audit and feasibility study. Three major
justifications for the purchase of the utility owned system were presented to City Council
on January 11, 1991, and acquisition of the system was approved. The three justifications
were: lower maintenance costs by City staff; improved response time for repairs; and
the ability to simplify the Street Lighting Assessment District benefit formula, which is
currently based on a direct cost formula for the street lighting within the segregated
lighting systems of the city.
Since Council approved the acquisition, City staff has been negotiating price, inventory
and "Agreement" format with SDG&E representatives.
CURRENT STATUS:
Staff is requesting Council approve the "Agreement," which specifies cost and
maintenance transfer conditions of the lighting system, by requesting Council adopt
Resolution No. Cr 5 -Y 1 .
by SDG&E, as required in the sale of any public utility asset.
Upon adoption, the Agreement will be submitted to the CPUC
Upon acceptance by the CPUC of the terms and conditions of the utility transfer, as
specified in the agreement, the finalization of the sale can be concluded.
In addition, staff is requesting Council adopt Resolution No.
$318,539 from the Street Lighting Fund balance to the active FY 94-95 Street Lighting
Budget for a one-time payment for the purchase of the lighting system.
5- 4 2, transferring
During the finalization of this agreement, SDG&E indicated that of the street lights the City
is negotiating to purchase, approximately 68 poles are owned by Pacific Bell Telephone
Company. As a separate matter, Pacific Bell and City staff are discussing how the City
will approach maintenance of the street lights on Pacific Bell poles.
’ PAGE2OFAGENDABlLL# 13,030
FISCAL IMPACT:
The current balance of the Street Lighting Fund is $603,231. The transfer of $318,539 will
leave a balance of $284,692. The fund is made up of payments from various City
departments for street lighting staff services, developers’ energy deposit
payments, and all monies not spent in past FY budgets and the accrued interest on the
balance. A portion of the balance is withdrawn yearly to decrease property owners’ yearly
street lighting assessment payments.
The reduction in maintenance/energy costs after purchase of the SDG&E-owned lighting
is projected to save the lighting district $33,000 per year, thus reducing certain
assessments for the areas impacted by the current costs.
The entire payment for the street lights of $318,539 will be paid from the special fund
budget. There will be no impact on the General Fund.
EXHIBITS:
1. Resolution No. 9 5 - ‘t I
Conveyance and Operation of Street Lighting Facilities which endorses Council’s
approval for City acquisition of 685 SDG&E-owned and maintained street lights.
Resolution No. 015 - 2, approving transfer of $318,539 from the Street Lighting
Assessment Zone fund balance to FY 94-95 Street Lighting Budget.
Agreement for Conveyance and Operation of Street Lighting Facilities.
approving the execution of the Agreement for
2.
3.
- EXHIBIT 1
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RESOLUTION NO. 9 5 - 4 1
A RESOLUTION OF THE COUNCIL OF THE CITY OF CARLSBAD
AND OPERATION OF STREET LIGHTING FACILITIES WHICH ENDORSES
COUNCIL APPROVAL FOR CIN ACQUISITION OF 685 SAN DIEGO GAS &
APPROVING THE EXECUTION OF AN AGREEMENT FOR CONVEYANCE
ELECTRIC-OWNED AND MAINTAINED STREET LIGHTS
WHEREAS, City Council of the Crty of Carlsbad approved the acquisition of the
SDG&E-owned and maintained street light system on January 1 1, 1991 ; and
WHEREAS, City Council reviewed information indicating City ownership would
lower maintenance costs, improve response time for repair, and simplify the Street
Lighting Assessment District formula; and
WHEREAS, City Council has determined it to be in the public interest to purchase
the SDG&E public street lighting system with the City of Carlsbad; and
WHEREAS, City Council approves the terms and conditions as set forth in the
-. Agreement for Conveyance and Operation of Street Lighting Facilities. -
NOW, THEREFORE, BE IT RESOLVED by the Crty Council of the City of Carlsbad
as follows:
1. That the above recitations are true and correct.
2. That the Mayor and the City Clerk are authorized to exebute the agreement
which will be returned to SDG&E for additional signatures and submittal to the
California Public Utility Commission.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad, held on the 14th day of FEBRUARY , 1995, by the
following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
[2.k?m$L
ALETHA L. RAUTENKRANZ, Crty Clerk
EXHIBIT 2
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RESOLUTION NO. 95 -42
- -- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF __ CARLSBAD AUTHORIZING THE TRANSFER OF $318,539
FROM THE STREET LIGHTING ASSESSMENT FUND
BALANCE TO THE FY 94-95 STREET LIGHTING BUDGET
FOR PURCHASE OF AN SDG&E STREET LIGHTING
SYSTEM WITHIN THE CITY OF CARLSBAD
WHEREAS, The City Council of the Crty of Carlsbad has approved the purchase of
an SDG&E public street lighting system; and
WHEREAS, the total cost of the lighting system is determined to be $318,539; and
WHEREAS, direct payment for the lighting system must be made from the current
FY Street Lighting budget; and
WHEREAS, the current Street Lighting Fund balance has sufficient funds available
to cover the cost of the lighting system.
=.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad:
1. That the above recitations are true and correct.
2. That the transfer of $318,539 from the Street Lighting Fund Balance to the
active FY 94-95 Street Lighting Budget is approved.
3. That the Finance Director is hereby authorized to complete said fund transfer.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad, held on the 14th day of FEBRUARY , 1995, by the
following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
bd&L
ALETHA L. RAUTENKRANZ, Crty Clerk 1
EXHIBIT 3
AGREEMENT FOR CONVEYANCE
AND OPERATION
OF STREET LIGHTING FACILITIES
THIS AGREEMENT IS ENTERED INTO AS OF
DATE") BY AND BETWEEN SAN DIEGO GAS AND ELECTRIC COMPANY
("SDG&E), A CALIFORNIA CORPORATION, AND THE CITY OF CARLSBAD
("CITY"), A CALIFORNIA MUNICIPAL CORPORATION.
("EFFECTIVE
RECITALS:
WHEREAS, San Diego Gas & Electric (SDG&E) presently owns a street lighting system
providing street lighting service to City on SDG&E poles and third party poles within the
City of Carlsbad; and t
WHEREAS, the City desires to acquire the street lighting system owned by SDG&E and the
City has the power to acquire the system by eminent domain, and
WHEREAS, the City and SDG&E disagree on the proper method of valuation of the street
lighting system; and
WHEREAS, it would be beneficial to the City and SDG&E to avoid litigation costs by
negotiating a purchase price; and
WHEREAS, the majority of the street lighting system is attached to SDG&E's electric
distribution poles, and City wishes to have the right to continue attaching the purchased street
lighting system to SDG&E electric distribution poles; and
WHEREAS SDG&E and City have agreed to a purchase price for the street lighting system
and on terms and conditions for continued operation of the system by City;
NOW THEREFORE in consideration of the foregoing and the mutual covenants and
conditions set forth herein, SDG&E and City hereby agree as follows:
I. PURCHASE
A. City agrees to purchase and SDG&E agrees to sell all of SDG&E's street lighting system
within the corporate limits of the City of Carlsbad, consisting generally of 685 luminaires,
high pressure sodium vapor lamps, photocells, support arms, service wires and street light-
only poles ("Facilities") as more fully described in Attachment A attached hereto and
incorporated herein by this reference.
B. Immediately, upon full execution of this Agreement, City and SDG&E agree to file and
diligently prosecute in good faith a joint application (the "Application") for an order
authorizing this sale transaction with the California Public Utilities Commission
("Commission") pursuant to Section 851 of the Public Utilities Code. Said Application
will request the Commission to issue an order pursuant to Section 851 authorizing
SDG&E to carry out the terms and conditions of this Agreement, and the City will be
copied on all communication pursuant to this requirement. The sale of the Facilities shall
not be effectuated, and legal title shall not pass to City, until the Commission has issued
an order authorizing SDG&E to carry out the terms and conditions of this Agreement.
SDG&E and City agree that any change in the purchase price and/or the terms and
conditions of this Agreement directed by the Commission are subject to future negotiation
between SDG&E and City. Fees associated with the filing of the application with the
Commission will be paid by SDG&E.
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C. Upon Commission approval of the Applicatiod, City and SDG&E shall set a Purchase
Date for this sale transaction, which shall occur not later than one year after date of
Commission approval of the Application. On the Purchase Date:
1.
2.
3.
4.
5.
City shall pay SDG&E Three Hundred Eighteen Thousand, Five Hundred Thirty-Nine
dollars ($318,539), or Four Hundred Sixty Five Dollars and Two Cents ($465.02) per
light at time of sales transaction.
Legal title, free of any security interests, liens and other encumbrances, of the
Facilities shall pass to City.
SDG&E will prepare and deliver a bill of sale and detail list of the Facilities
purchased by City.
SDG&E shall be relieved of any requirement to operate, repair, supervise the use of,
or maintain the Facilities.
SDG&E shall change its monthly billing of the Facilities to Schedule LS-2, consistent
with Section II (A) herein.
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6. SDG&E will furnish to the City copies of facility plans for all street lights included in
. purchase. SDG&E will furnish original construction drawings to City as needed upon
request.
D. The Current Ad Valorem Taxes for the tax year in which the system is conveyed shall be
prorated as of the Purchase Date. The parties shall cooperate to remove the Facilities
from the Assessois tax roll as soon as possible after the Purchase Date.
E. City shall identify and place easily distinguishable City identification tags on poles
purchased under this Agreement.
F. City and SDG&E believe the purchase price of the Facilities to be fair and reasonable to
both parties. If the Commission rejects the Application filed in accordance with
Paragraph B, above, both parties are relieved of any and all obligations to each other in
this Agreement. If the Commission dues not act upon this Agreement within one (1) year
from submittal of the Application, upon sixty (60) days notice either party has the right tor
terminate this Agreement and has the right on behalf of the two parties to withdraw the
Application from the Commission.
G. APPLICABLE WARRANTIES OF SDG&E: The sole and exclusive warranties, either
expressed or implied, which apply to this transaction are as follows:
1. SDG&E warrants that title to the Facilities shall be good, and its transfer rightful, and
2. SDG&E warrants that the Facilities shall be delivered free from any security interest,
or other liens or encumbrances of which SDG&E has actual or constructive
knowledge, and
Both SDG&E and City acknowledge that SDG&E is not a merchant in the business of selling
streetlight systems, facilities, or equipment and that this sale is incidental to SDG&E's normal
business.
H. DISCLAIMER OF WARRANTIES: SDG&E gives no warranties, express or implied,
as to merchantability, fitness for purpose sold, description, quality, productiveness, or any
other matter (other than as set forth in Paragraph G, "APPLICABLE WARRANTIES").
THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIE'TIONS
ON THE FACE HEREOF. SDG&E DISCLAIMS ANY IMPLIED WARRANTY OF
MERCHANTABILITY AND CITY AGREES THAT THE FACILITIES ARE SOLD "AS
. IS."
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I. SECTIONS It, III, IV, AND V OF THIS AGREEMENT SHALL BECOME
OPERATIVE ON THE PURCHASE DATE.
II. OPERATION AND MAINTENANCE OF FACILITIES AFIER PURCHASE
A. ENERGY BILLING: SDG&E agrees to tender energy for service provided to the
Facilities in accordance with SDG&Es Schedule LS-2 applicable to customer-owned street
lights as approved and filed with the California Public Utilities Commission (CPUC) and
as may be modified from time to time by the CPUC in the exercise of its jurisdiction.
B. MAINTENANCE: The responsibility for the maintenance of the Facilities covered by
this Agreement is as follows:
1. Undermound-served Street Lights on Concrete Poles. The City shall own and
maintain the entire electrolier (pole, luminaire, lamp, photoelectric cell and internalk
wiring) and the underground service conductors from the electrolier to the SDG&E
service point. The service point is defmed as the point of connection to the
SDG&E electric distribution system and shall normally be futed as the first
SDG&E handhole, transformer pad, or cable pole encountered along the service
run from the electrolier. SDG&E shall retain responsibility for its electric
distribution system serving the Facilities up to and including the connection at the
service point.
2. Overhead-served Street Liehts on Wood Street Lieht-Only Poles. The City shall
own and maintain the pole, luminaire, mast arm, lamp, photoelectric cell and
conductors from the service point to the luminaire. The service point is defined as
the point of attachment of the SDG&E service conductors to the pole; it is
identified as point "A" on Attachment B to this Agreement (SDG&E Electric
Standards page 1519). SDG&E shall retain responsibility for its electric
distribution system serving the Facilities up to and including the connection at the
service point.
3. Overhead-Served Street Lights on SDG&E Distribution Poles. The City shall own
and maintain the luminaire, mast arm, lamp, photoelectric cell and conductors
from the service point to the luminaire. The service point is defmed as the
connection on the pole to the SDG&E distribution system; it is identified as point
"A" on Attachment B to this Agreement (SDG&E Electric Standards page 1519).
SDG&E shall retain responsibility for its electric distribution system serving the
Facilities up to and including the connection at the service point.
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4. Overhead-Served Street Lights on Wooden Street Light Only Poles Owned by
Pacific Bell. The City shall own and maintain the luminaire, mast arm, lamp,
photoelectric cell and conductors from the service point to the luminaire. The
service point is defined as the connection on the pole to the SDG&E distribution
system; it is identified as point "A" on Attachment B to this Agreement (SDG&E
Electric Standards, page 1519). SDG&E shall retain responsibility for its electric
distribution system serving the Facilities up to and including the connection at the
service point. A separate agreement between Pacific Bell and the City of Carlsbad
will cover the attachment of City facilities on Pacific Bell-owned poles.
C. CONTROLS: The City agrees to control the operation of its street lights with
photoelectric controls which are calibrated to operate with an annual burning schedule of
about 4,165 hours per year. The purchase by the City of controls having the same
manufacturer and part number as units shown on the SDG&E Electric Distribution
Standards at the time of their purchase shall be deemed as full compliance with this
provision.
I. D. PACIFIC BELLOWNED POLES WITH STREET LIGHT FACILITIES:
Attachment A identifies all the Pacific Bell poles with street light facilities being sold to
the City.
E. CITY ABANDONMENT OF FACILITIES: The abandonment of any Facilities on
SDG&E-owned poles by the City shall terminate its rights and privileges under this
document at the abandoned location. Abandonment shall be deemed to have occurred
when the Facilities on SDG&E-owned poles are not used for a period of ninety (90) days
following the notification of the City by SDG&E that the Facilities are not in service and
that service is no longer being billed under the appropriate tariffs. Following the
expiration of the ninety (90) days period, and if the City has neither formally contested
the notice in writing nor removed such Facilities itself, SDG&E may remove and place in
safe storage such Facilities following ten (10) working days notice. The City shall
reimburse SDG&E for its actual costs for the removal and storage.
III. SUBSEOUENT INSTALLATIONS
A. ADDITIONAL POLE ATTACHMENT: The City agrees that no additional street
lighting facilities will be attached to SDG&E-owned electric distribution poles without
SDG&Es prior written approval, obtained by submitting a completed "Application for
Pole Attachment" (Attachment C). City will submit such completed applications
identifying specific poles to SDG&E's Lighting Services Section of Governmental
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Marketing. Each application shall be accompanied by a non-refundable one time
processing and inspection fee of $17.00 per pole for each pole specified in the application.
If SDG&E determines that the City request is for attachment to a pole not owned by
SDG&E, City will be responsible for obtaining permission from the third-party to attach
the facilities. City will also be responsible for the payment of any fees required by the
third-party for the attachment of City’s facilities.
B. CITY INSTALLATION The City agrees to install its facilities in accordance with
Attachment B to this contract (SDG&E Electric Standards Page 1519). The City shall
provide all material from the service point which is designated as point “A“ on
Attachment B. The City agrees that all work shall be performed by City personnel or its
contractors with personnel operating from ladders or bucket trucks. The City agrees that
it shall install and maintain its facilities at its sole risk and expense, in a safe manner, in
compliance with federal, state, and local laws, rules, and regulations, and with work
methods accepted in the utility industry.
C. SDG&E INSTALLATION SDG&E agrees to properly install and maintain its facilities‘
to serve City-owned street lights. The City agrees to reimburse SDG&E for its costs to
extend or rearrange its distribution facilities to the service point if such extension or
rearrangement is necessary.
D. ENERGIZING CHARGE: All service point connections to energize street lights will be
performed by SDG&E. City agrees to pay energizing charge for SDG&E’s connection of
City-owned street lights in accordance with Electric Rule 2, Section J, as approved by the
Commission and which is made a part of this Agrement by reference.
E. ENERGY BILLING: Service to street lights installed in accordance with this section,
shall be as provided in Section II, Paragraph A to this contract.
F. The City shall specify the service voltage required for its
facilities. SDG&E agrees to make available the following voltages-120 and 240 volts
single phase-as specified in its Rules for Electric Service as filed with the Commission
and incorporated herein by reference.
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IV. REARRANGEMENT. RELOCATION AND REMOVAL
A. REARRANGEMENT COSTS: The City agrees to pay the reasonable costs incurred by
SDG&E in rearranging SDG&E facilities on a pole when such rearrangement is initiated
by the City to permit the installation of new attachments, or to maintain City's
attachments, on the pole. Relocation of SDG&E facilities unrelated to City
rearrangement, initiated by SDG&E or another joint user of the pole, shall be completed
without cost to the City.
If SDG&E determines that the installation of street light facilities proposed by the City
will require rearrangement of SDG&E facilities to comply with CPUC General Order 95
or the currently published SDG&E Electric Standards, SDG&E shall require payment by
the City of a non-refundable fee in the amount of $50.00 per pole to cover SDG&E
engineering costs for designing the rearrangement.
Upon completion of SDG&Es rearrangement, the City shall reimburse SDG&E for its
actual costs for rearranging SDG&Es facilities, less the engineering fee previously paid in
accordance with this paragraph. SDG&E's costs for so rearranging its facilities shall ~
include all customary charges including labor overheads and indirect charges. However,
in no case shall the amount billed exceed the estimate provided by SDG&E prior to
commencement of the work by ten (10) percent.
The City shall authorize SDG&E to commence its rearrangement work by the issuance of
a purchase order. The City shall pay SDG&E for SDG&E's engineering fee upon the
presentation of SDG&E's estimate for the proposed work The City shall pay SDG&E for
the rearrangement of SDG&E's facilities immediately upon completion of SDG&Es work
and receipt of an invoice for SDG&E rearrangement costs.
B. POLE REMOVAL OR RELOCATION: If SDG&E determines in its sole discretion it
is necessary to remove or relocate an SDG&E+wned pole upon which the City maintains
its facilities, it shall give the City ten (10) working days prior written notice of the
removal or relocation. Upon receipt of such notice, the City shall either promptly remove
its facilities from the pole at City's cost or request that SDG&E relocate or remove City's
facilities to new or substitute poles as designated by SDG&E. SDG&E will relocate or
transfer City's facilities at a cost of $75.00 per pole, which City shall pay to SDG&E upon
receipt of an invoice therefore. In the event of an emergency, SDG&E may immediately
effect such work as may be required and City shall reimburse SDG&E in the same
amount as if no emergency were in effect.
C. CITY REMOVAL OF FACILITIES: The City may remove its facilities at City's
expense from any SDG&E-owned pole upon not less than ten (10) days prior written
notice by executing a "Notice of Pole Attachment Removal" (Attachment D) requesting
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that SDG&E terminate service at the Service Point designated for the facilities. The requirement for advance notice shall be waived in the event of an emergency. There shall
be no charge by SDG&E for the discontinuance of service to any City facilities.
V. GENERAL PROVISIONS
A. LICENSE: SDG&E hereby grants the City a license for attaching all Facilities acquired
by the City by this Agreement to SDG&E poles as well as all subsequent pole
attachments, provided, however, that City shall obtain SDG&E's approval of each new
pole attachment request (Attachment B), which shall not be unreasonably denied. This
license is subject to SDG&Es right, in its sole discretion, to remove or relocate its poles
regardless of attachments thereon. This license given the City is specifically limited to
the City. It shall not be assigned in whole or in part by the City without the prior written
consent of SDG&E. SDG&E shall not unreasonably withhold consent to the assignment
of this license, in whole or in part, by the City to any other governmental agency
acquiring jurisdiction over any or all of the facilities covered by this Agreement. The
City agrees that its use of SDG&E-owned poles will not interfere with the rights of other ~
permissive users of those poles and that this license to use SDG&E-owned poles is limited
to the attachment of street light materials as specifically described in this Agreement.
This license does not include any right to attach any cables, wires, or conductors on or
between SDG&E-owned poles.
B. FACILITIES: SDG&E and the City agree that each shall maintain its facilities at its
sole risk and expense, in a safe manner, in compliance with all applicable federal, state,
and local laws, rules, and regulations.
Both SDG&E and the City have consented in this Agreement to use SDG&E Electric
Standard Sheet 1519 (Attachment B) for new installations covered by this document and
to assign their mutual responsibilities hereunder. It is further realized that technical
changes to Attachment B may, from time to time, be required. Accordingly, the then
current edition of SDG&E Electric Standard Sheet 1519 shall be used by both parties for
new installations and to assign the responsibilities of each of the parties. Installations of
SDG&E and City facilities shall be in accordance with the edition of SDG&E Electric
Standards Sheet 1519 which is in effect at the time of the installation. All references in
this Agreement to SDG&E Electric Standards Sheet 1519 shall be construed to be the
issue which was effective at the time of the installation of the facilities in question or the
thencurrent edition for future installations.
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C. INDEMNIFICATION OF SDG&E AND CITY:
1. SDG&E indemnifies and holds harmless the City from any and all liability, claims,
costs (including reasonable attorneys‘ fees), damages, and expenses resulting from the
negligence or intentional misconduct of SDG&E or its employees, agents, or
representatives performing any activities required, or authorized, by this Agreement.
2. City indemnifies and holds harmless SDG&E from any and all liability, claims, costs
(including reasonable at€orneys’ fees), damages, and expenses resulting from the
negligence or intentional misconduct of the City or its employees, agents, or
representatives perfoming any activities required, or authorized, by this Agreement.
D. PAYMENTS: All amounts payable under this Agreement shall be due and payable thirty
(30) days after the presentation of an invoice therefore.
E. FEE ADJUSTMENT: The fees and charges authorized by this Agreement, other than
those covered by SDG&Es filed tariffs, may be adjusted annually by SDG&E on the fmt,
day of each year by a percentage equal to the percentage change in the Consumer
Wholesale Price Index.
F. WAIVER: Should any party fail to enforce any specific provision of this Agreement, it
shall not be deemed a general waiver or relinquishment by that party of any provision of
this Agreement.
G. NON-TERMINATION OF CITY OBLIGATIONS: Any termination of
City’s/SDG&E’s rights and privileges hereunder shall not relieve City/SDG&E of any
obligation, whether of indemnity or payment of invoices or otherwise, which has accrued
prior to such termination or completion of removal of facilities owned by City/SDG&E,
whichever is later, or which arises out of an event occurring prior thereto.
H. AGREEMENT SUPERSEDES PRIOR AGREEMENT: This Agreement shall
supersede any previous pole attachment agreement between SDG&E and City insofar as it
may pertain to street lighting, and this Agreement integrates and supersedes all prior
agreements, either oral or in writing, which pertain to the sale of the Facilities and their
subsequent ownership and maintenance.
I. PARTIAL INVALIDITY: If any provision in this Agreement is held by a court or
agency of competent jurisdiction to be invalid, void, or unenforceable, the remaining
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provisions shall nevertheless continue in full force without being impaired or invalidated
in any way.
J. SUBJECT TO LAW AND TARIFFS: This Agreement shall be subject to all of the
provisions of the California Public Utilities Code and SDG&Es applicable rules and tariff
schedules on file with and authorized by the Commission and further shall at all times be
subject to such changes or modifications as the Commission may, from time to time,
direct in the exercise of its jurisdiction.
K. TERM OF AGREEMENT: This Agreement shall remain in force for a period of five
(5) years from the Effective Date. At the completion of the original term, this Agreement
shall automatically be extended for successive terms of one (1) year unless otherwise
canceled by either party upon not less than twelve (12) months prior written notice given
at the end of the initial or any subsequent term.
IN WITNESS WHEREOF, this Agreement is executed by the City of Carlsbad, and by San ~
Diego Gas & Electric Company, by their respective authorized representatives to be effective
as of the Effective Date.
DATED this 16th day of FEBRUARY 1995.
BY:
Mayor
APPROVED AS TO FORM ATTEST:
City Attorney City Clerk
SAN DIEGO GAS & ELECTRIC COMPANY
BY:
J. L. LAW
Vice President
Marketing and Customer Services
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ATTACHMENT B
SCOPE: THIS STANDARD SHOWS TWO TYPES OF CUSTOMER OWNED AND INSTALLED STREET LIGHTS ON - S.D.G.& E. WOOD POLES.
LE 12" MIN C~uNicA~iONs
16' MAST ARM INSTALLATION USING OPEN WIRE SECONDARY CONSTRUCTION
ILL?-?-- < 6 = 12" MIN - C 0 M M U N I CAT10 N S
6' BRACKET INSTALLATION USING SELF SUPPORTING CABLE SECONDARY CONSTRUCTION
BILL Of MATERIAL
9 14' 8' WIRE, COPPER, #8, 600V. FLEXIBLE POLYETHYLENE INSULATED DUPLEX 1
INSTAUATION
@ POINT OF CUSTOMER'S ATTACHMENT TO BE CONNECTED BY S.D.G.&E. CREWS.
@ MAINTAIN A MINIMUM OF 12" RADIALLY FROM LEAD WIRE TO SUPPORTING FIXTURES.
REFERENCE:
C. SEE STANDARD PAGE 1518 FOR STREET LIGHT INSTALLATION BY S.D.G.&E.
l?:.:j Indicates Lotest Revision I I Cornoletelv Revised I I New Pope I 1 Information Removed I. : ., .I ,I II
SDGX ELE CTRlC STANDARDS SSUE 1994 I
TTACHMENT C
Page 1 of 2
EXHIBIT C
CUSTOMER APPLICATION FOR POLE ATTACHMENT
(ON LETERHEAD)
DATE
San Diego Gas €2 Electric
8306 Century Park Court (CP4222A)
San Diego, CA 92123-1593
ATENTION: LIGHTING SERVICES
Gentlemen:
In accordance with the terms of the Agreement for Operation of Street Light Facilities dated
covering the use of San Diego Gas & Electric (SDG&E) poles located within the City of
California, the City of
utility poles listed below:
, State of hereby requests permission to place and maintain street light equipment on the
A sketch of the proposed installation(s) (idis not) attached.
This request covers
and inspection of the City’s attachments based on a unit cost of $
agreement.
poles. The City has approved the payment of $ to cover the processing
as specified in the aforementioned
The City affirms that it will comply with the following:
+ + ALL TERMS OF THE AFOREMENTIONED AGREEMENT
THE REQUIREMENT TO NOTIFY SDG&E UPON COMPLETION OF ITS INSTALLATION
IN WRITING TO LIGHTING SERVICES AT THE ABOVE ADDRESS
FOR THE CITY OF:
NWITLE (TYPED)
J:\DAIBER\POLE-AWP
’) ..
EXHIBIT C
ATTACHMENT C
Page 2 of 2
CUSTOMER APPLICATION FOR POLE ATTACHMENT
DATE
DPSS
FROM: LIGHTING SERVICES
TO: PROJECT MANAGEMENT
Please verify whether street light(s) can be installed on the pole(s) indicated on the attached Customer Application
for Pole Attachment. If rearrangement is required, please provide a rearrangement cost estimate.
LIGHTING SERVICES
Ext.
FROM: PROJECT MANAGEMENT
TO: LIGHTING SERVICES
THE FOLLOWING INFORMATION IS PROVIDED IN ACCORDANCE WITH YOUR REQUEST:
I REARRANGEMENT/CONSTRUCTION REQUIRED’?
0 YES 0 NO
COST ESTIMATE:
OK TO ISSUE STREET LIGHT ORDER
ENGINEERING FEE
WORK ORDER
NUMBER OF POLES
RIGHT OF WAY REQUIRED’? 0 YES 0 NO
COORDINATION REQUIRED WITH OTHER UTILITIES?
0 YES 0 NO
TELCO 0 YES 0 NO
CATV 0 YES 0 NO
POLE OWNED BY OTHERS? 0 YES 0 NO
J:U)AIBERWOLE-ATTDATA
PROJECT MANAGEMENT
EXT. + ?i
TTACHMENT D
ITEM
1
2
EXHIBIT D
CUSTOMER APPLICATION FOR POLE ATTACHMENT REMOVAL
LOCATION POLE #
ti
(ON LElTERHEAD)
DATE
San Diego Gas & Electric
8306 Century Park Court (CP4222A)
San Diego, CA 92123-1593
ATTENTION: LIGHTING SERVICES
Gentlemen:
In accordance with the terms of the Agreement for Operation of Street Light Facilities dated
the use of San Diego Gas & Electric (SDG&E) pole located within the City of , State of California, the City
of
below:
covering
hereby notifies you that it plans to remove its street light equipment from the utility pole listed
i
Please de-energize the street lights and stop the monthly billing on
FOR THE CITY OF:
NAME/TITLE (TYPED)
Worked by