Loading...
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 ~~~ ~lh~1yG~ . , _ _ _ h4uyan c~~ z1~eVCtizy a{~Z`hu~~~Uti~~:~. ~~ ~_ ATTES`.i' ~I~~~-- ~~ ~~l--Q~' ~~' C~.~y .l:. en.lz ,j 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