HomeMy WebLinkAboutReso 1973-7092RESOLUTION NO. 7092
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VI5TA, APPROVING Er1CROACHMENT PERMIT NO. 73-37
AUTHORIZING THE USE OF THE PUBLIC PARKWAYS AND AREAS
WITHIN THE PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION
BY RESIDENTIAL PROPERTY OL~IIVERS OF TE1~IPORARY CHRISTP4AS
DECORATIONS AND URGING THOSE PERSONS DISPLAYING CiiR.IST-
MAS DECORATIONS TO REDUCE BOTH THE NUMBER OF LIGHTS
AND DURATION OF USE
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, it is recognized by the City Council of the City
of Chula Vista that during the Christmas holiday season, many of the
citizens of the City of Chula Vista desire to place decorations in
front of their homes in celebration of Christmas, in keeping with
the festive mood of the season, and
WHEREAS, these citizens often extend their decorations to
the lawn, trees and shrubs located within the public right-of-way,
and
WHEREAS, the City Council, in keeping with this spirit of
Christmas, wishes to go on record in authorizing such use of the
public right-of-way, exclusive of streets and side~~aalks, and
WHEREAS, the Director of Public Works has recommended that
such use be approved by the City Council, and that it is in no way
detrimental to the interests of the City of Chula Vista.
NOW, THEREFORE, BE IT RESOLVED that the Director of Public
Works be, and he is hereby authorized to post in a public place the
attached encroachment permit on behalf of the City of Chula Vista,
authorizing the residents of the City within the residential zones
to make use of the public parkways and such areas in the public
rights-of-way other than streets and sidewalks for the purpose of
displaying Christmas decorations between the dates of Thanksgiving,
Thursday, November 22, 1973, and the Twelfth Day of Christmas,
Saturday, January 5, 1974.
BE IT FURTHER RESOLVED the City Council, recognizing the
severity of the energy crisis, does hereby urge all citizens to continue
with their enthusiastic participation in the celebration of the Christ-
mas season through the display of decorations but to limit the amount
of lighting used in said displays and to restrict the duration of
illuminating the displays in an effort to conserve electrical energy.
BE IT FURTHER RESOLVED that the City Council urges the
restriction of the lighting of displays to the period of the Christmas
week itself.
Presented and approved as to form by
.eOh-~
George D. Lindberg, City Attorn~-
1~DUl"fill r'~IJ>) I~I'PRUVLD L'X TIIIi Cl'1'1 COUNCIL OF 'I'IiL; CI'T'Y
OI' CI3UL71 t~ISTi1, ChL' I}'ORP.IA, this 20th day of November _„_,
197 3, by the fo].lo~,~incl vote, ta-~~?it:
7~YES; CUtct:~~~tncn Scott, Hobel, Hamilton, Hyde, Egdahl
1~E~1'LS: CUf111L~(.~ti1Cl1 None
T:BSEi~T: Coct~1C-t~mej1 . None
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h4uyan c~~ z1~eVCtizy a{~Z`hu~~~Uti~~:~.
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STATE OF CALIFORNIA )
COUNT^~' OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
1,' J~NN1~ ht, FI.IL~JZ, C.~.~y C.~eaF~ o~ ~I2~. C~.~y os Chu.~a V~:e~a,
Ca-~~.~a~n.~a, 1J0 N~P.~By C~RTIFy ~ha~ ~{ie ~.ba~2 a~~d Sanego~.ng ~..o• a ~u.~x,
~nue a~.d can~ec~• cagy o~
and ~ha~ ~Ize dame liaa nr,x been amended v2 nepe~..2ed.
UATED:
.c~ty ~ez~
.~ --- ~ ~,~~ is ~~:
Encroachment Application Fee $Exempt
Receipt No. N.A.
Encroachment Permit Fee $Exempt
Receipt No. N.A.
AUTHORIZATION FOR ENCROACHMENT IN PUBLIC RIGHT OF WAY
Permit No. 73-37
Pursuant to Article III, Section 27.3, Chula Vista City Code of
the City of Chula Vista, permission is hereby granted to residents of
the City within residential zones to do work within the public street
right of way of the City of Chula Vista.
Whereas, it is desirable that the general public be permitted to
encroach on the public right of way lying directly adjacent to that
property known as residential zones to:
Display Christmas decorations in public parkways and in areas
within the public rights of way other than streets and side-
walks between November 22, 1973 and January 5, 1974.
Now, therefore, in consideration of their mutual promises, and
other good and valuable consideration, the parties hereto agree as
follows:
Permission is hereby granted to install the above mentioned
encroachment on the real property of the City of Chula Vista described
above in accordance with the following conditions:
1. Said installation shall, in no way, interfere with any exist-
ing utility. Any changes of any utility due to the installation shall
be at the sole expense of the permittee.
2. Maintenance, removal, or relocation of the above mentioned
installation shall be the sole responsibility of the permittee, lessee,
or the representative of the owner, or lessee, or his successor in
interest, at no expense to the City of Chula Vista.
3. Said installation shall conform to the standards of the City
of Chula Vista and shall conform with the regulations as set forth
herein:
Resolution No. 7092
Director of_ Public Works
AUTHORIZATION FOR ENCROACH!~iEi~T Ii'! PUt~LiC RIGHT ' r '` "
This permit is revocable upon thirty (3O) days notice to the
permittee, or his successor in interest,. and upon such notice the
encroachment must be removed, or relocated, as may be specified by
the permittor at permittee's expense at the said time.
Permittee hereby agrees to, and shall hold the City of Chula
Vista, its elective and appointive boards, officers, agents and
employees, harmless from any liability for damage or claims for
damage for personal injury, including death, as well as from claims
for property damage which may arise from permittee, or any of sub-
contractors' operations under this permit, whether such operations
be by permittee, or by a sub-contractor, or sub-contractors, or by
any one or more persons directly or indirectly employed by, or acting
as agent for permittee, or any sub-contractor or sub-contractors.
Permittee agrees to, and shall defend the City of Chula Vista and
its elective and appointive boards, officers, agents and employees,
from any suits or actions at law, or inequity for damages caused,
or alleged. to have been caused, by reason of the aforesaid operations.
The undersigned permittee hereby accepts the foregoing encroach-
ment permit upon the terms above set forth and agrees to all of the
conditions and covenants on its part to be performed. It is under-
stood and agreed that, in addition to the above conditions, all
applicable conditions of the City of Chula Vista Code are incorporated
herein by reference as if set out in full. It is further agreed that
if any part of this interferes with the future use of the street right
of way by the general public, it must. be removed, or relocates!, as
designated by the City, at the expense of the permittee, or hip successor
in interest.
CITY EP~GTNEER OF THE
TY OF CHUL VISTA
Signed By
__ Date ~~ - Z ~'" ~.3
Date
~~`%~ ~--
PW-F-15