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Home My WebLink About1976-01-20; City Council; Resolution 3832rJ SI I 3 1 I i I 4 ! 1( 1: 1: 1; 11 l! 1( 1: It l! 2( 21 22 2; 24 2: 2t 27 2E 29 3c 31 32 RESOLUTION NO. 3832 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND SAN DIEGO GAS AND ELECTRIC COMPANY FOR INSTALLATION OF A TEMPORARY SODIUM VAPOR LIGHTING SYSTEM ON PASEO DEL NORTE AND AUTHORIZING MAYOR TO EXECUTE SAID AGREEMENT. THE CITY COUNCIL of the City of Carlsbad, California, does hereby resolve as follows: 1. That that certain agreement between the City of Carls- bad and San Diego Gas & Electric Company which is attached hereto, marked Exhibit "A" and incorporated herein by reference, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regularly scheduled meeting of the City Council of the City of Carlsbad, California, held on the 20t h day of January , 1976 by the following vote to wit: AYES : Counci lmen Frazee, Chase, Lewis, Skotnicki and Councilwoman Casler. NOES : None. ABSENT: None. 1/ (seal) EXHIBIT ttA'l to Street Lighting Contract between San Diego Gas & Electric Company and The City of Carlsbad 1.. Service Location: Plaza Del Norte north of ?alomar Airport Road 2.. Service Information: a. Number of Lamps- - - - - - - 5 b. Lumens - - - - - - - - - 50,000 C. Type of Lamp - - - - -- - High Pressure Sodium Vapor d. End of Service- - - - - - - e. Burning Hours per Year - - - 4033 f. Multiple Type of Mounting - - - - - - Wood Pole 3. Rate Information: a. Rate Schedule- - - - - - - - b. Utility Investment in Excess of Standard Installation - - (for Bcilitiies charge computation) Special in lieu of LS-1 .Not Applicable 4. Other Conditions: Lights to be fed from underground service in accordance with Agreement for Temporary Service to be executed simultaneously with this Agreement. Sheet 1 of 2 EXHIBIT "At1 to Street Lighting Contract--Sheet 2 of 2 I 5. Street Light Locations: 1. Paseo Del Norte N/o Palomar Airport Road 500' W/side 2. 3. It 1000' " t1 t1 tt 11 11 tl tl 11 It 11 11 t1 1500' 11 11 11 I1 4. I1 tl 2000' 11 11 I1 t1 tt 11 11 25001 1' 5. DRAFT AGREEMEXT FOR TEMPORARY SERVICE THIS AGREEMENT is made and entered into this day of 9 19 , by and between SA8 DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called "Utility", and the CITY OF CARLSBAD, hereinafter called "Applicant". WEEREAS Applicant requests Utility to furnish electric service to the premises located at Plaza Del Norte north of Palomar Airport Road, for use by Applicant in the optration of the following described apparatus: street lights; the operation of said apparatus is of a temporary character, or said electric service, in the opinion 'of Utility, is for operations of a speculative character or the permanence of which has not been established; therefore, In consideration of the mutual promises herein, the parties agree as follows: 1. Applicant agrees to pay to Utility upon request $14,468.00, which amount is the estimated installation and rerroval costs less the estimated salvage value of the facilities necessary for furnishing said service. 2. Utility agrees to install the facilities necessary to supply said service sub- ject to Section 6, hereunder. Said facilities shall remain the sole property of Utility. 3. Should said service ccntinue to be supplied for 36 continuous months, the por- tion of Applicant's payment in excess of the amount of any advance required from Applicant to Utility for extension of Utility's distribution facilities for permanent service at the above described premises will be refunded at the rate of 1-2/3 percent (1-2/3$) for each month service was supplied after the first 12 months. Refunds will be made annually unless a partial-year payment is required upon termination of service. Total refunds shall not exceed the amount paid by Applicant, and,no interest shall be paid on the amounts held by Utility subject to such refund. 4. Utility agrees that any cash advance taken as payment for extension of dis- trtbution facilities for permanent service will be subject to refund in accordance with its extension Rule in effect as of the date of this Agreement. 5. Should said service be discontinued at Applicant's request or by reason of violation of Utility's Rules, all monies held by Utility, less any refunds heretofore provided for in this Agreement, shall become the property of the Utility. Utility may, . at its option, remove or retain in place all or any part of the facilities installed and owned by it. 6. At the end of 3 years fron; the date of this Agreement, Utility may u?on €C days written notice terminate service from its underground duct systen; in the event said duct system is required for use in its electric distributioE system. 7. In the event Utility is unable to obtain, without cozt t,o it, those rights of wny necessary to establish service, Utility will return to Applicant any papent made hereunder, and this Agreement shall thereupon beccime null and void. 8. Applicant agrees to be governed by the Utility's applicabk raws and IW-6;: on file with the California Public Utilities Commission, which rates and Rules X-F =.de a part hereof by reference, a copy of which will be furnished to A2plicant U~G:, request. This Agreement shall at all times be subject to such charges cr modifications as said Commission may, from time to time, direct in the exercise of its ,juris3ic+,ton. 9. If Applicant is a corporation, partnership, joint venture or a group of individuals, the subscriber hereto represents that he has the authority to bind said - corporation, partners, joint adventurers or individuals,. as the case may be. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed for an on behalf of each, by their duly authorized agezts, partner:. or corporate officers, as of the day and year first above written. - 2- APPLICANT SlqN DIEGO GAS & ELECTRIC a corporation COMPANY, Agent Address : City of Carlsbad 1200 Elm Avenue Calrsbad, California 92008 Approved: BY Authorized Signature--Utility c 3 DRAFT 'AGREEMENT FOR STREET LIGHTING e This Agreement is made and entered into as of the day of 9 19-, by and between SAN DIEGO GAS 8c ELECTRIC COWPAEN, a corporation, hereinafter called "Utility", and the CITY OF CARLSBAD, hereinafter called 'lApplicanttI. In consideration of the mutual promises herein, the parties agree as follows : 1. 2. 3. Utility agrees to furnish electric energy, switching service and maintenance for street lights, installed on Utility's poles, as described in Exhibit A, attached hereto and made a part hereof. The ownership of said street lights shall remain with the Utility. Applicant agrees to take and pay monthly for said service the sum of $18.00 per lamp per month plus such fuel cost adjustments .as may be authorized, for installations set forth in Exhibit A for a period of three years commencing February 1, 1976, or as soon thereafter as the Utility is reasonably able to supply said service. Applicant agrees, upon approval by the Public Utilities Commission of tariff schedules containing specific rates for the service described in Exhibit A, to pay such sum in lieu of the sum mentioned in paragraph 2 above, effective as of the date such tariff schedules become effective. 4. The parties agree that upon the expiration of the original term, this Agreement shall be automatically extended for suc- cessive 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. 5. 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. 6. Utility agrees to use reasonable 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 tc burn, excluding the time preceding notification to the Company of the 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 Comrxission, -2- 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 of modi- fications as said Commission may, from time to time, direct in tlie exercise of its jurisdiction. 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 SAN DIEGO’GAS & ELECTRIC COWPANY, a corporation BY . BY Authorized Signa ture-Utility Address: City of Carlsbad Agreement submitted to Applicant bl-: 1200 Elm Avenue Carlsbad, California 92008 Address to which monthly billing will be mailed: City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 -3-