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HomeMy WebLinkAbout1976-07-20; City Council; Resolution 39741 2 3 4 5 E 7 E 5 1( 11 1: 1: 11 I! 1( 1' 14 1' 2( 2: 2 2 2 2 2 2 2 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, I( X X 1 2 3 4 5 c 7 E E I( 1: 1: 1: 12 1 1 1 1 1 2 2 2 2 2 2 2 2 2 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 -