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Home My WebLink AboutReso 1965-3707 RESOLUTION NO. 3707 y Form No. 342 N RESOLUTION NO. 3707 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO GAS & ELECTRIC COMPANY FOR STREET LIGHTING IN SAID CITY AND AUTHORIZING THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve as follows : That that certain agreement between the City of Chula Vista, a municipal corporation, and the San Diego Gas & Electric Company, a corporation, for street lighting in said City, dated the 19thday of April , 19 65, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of said City. BE IT FURTHER RESOLVED that the City Engineer be, and he is hereby authorized to execute additions to the agreement within the limitations of the fiscal budget. Presented 1py • 7 ' I� -( :7i l_..d (----( Lane Cole, City Engineer Approved as to form by r George D,. Lindberg, City Attorn -1- 1 j ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this4th day of May , 19 65_, by the following vote, to-wit: AYES: COUNCILMEN Sparling, McMains, McAllister, Anderson, McCorquodale NAYES: COUNCILMEN None ABSENT: COUNCILMEN None Mayor of the City of Chula Vista ATTEST _ ..- -C c, - :7/41 2 ,/ +- City Clerk STATE OF CALIFORNIA l COUNTY OF SAN DIEGO ss. CITY OF CHULA VISTA I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of______ and that the same has not been amended or repealed. DATED:__. City Clerk CC 652 SAN DIEGO GAS & ELECTRIC COMPANY Street Lighting Contract THIS CONTRACT, made and entered into this 19th day of APRIL , 19 by and between SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called the "Company", and the cm OF OHM& VISTA hereinafter called the "Customer", WITNESSETH: SECTION I. For and in consideration of the payments hereinafter designated to be made by the Customer to the Company, the Company agrees: (a) To furnish electric energy, switching service, and limited maintenance for ornamental street lights connected to system(s) installed and owned by the Customer as described in Exhibit A attached hereto and made a part hereof. Such electric energy, switching service and maintenance will be furnished in accordance with the effective rate schedule, or any superseding rate schedule which may be authorized by the Public Utilities Commission of the State of California, for the kind and size of lamps and burning schedule as set forth in said Exhibit A, and (b) To install a system of non-ornamental street lights mounted on Company poles, as described in Exhibit B attached hereto and made a part hereof, and to furnish electric energy, switching service and complete maintenance therefor. The ownership of said system shall remain with the Company. Such electric energy, switching service and maintenance will be furnished in accordance with the effective rate schedule, or any superseding rate schedule which may be authorized by the Public Utilities Commission of the State of Cali- fornia, for the kind and size of lamps and burning schedule as set forth in said Exhibit B. SECTION II. The Customer agrees to use electric energy and se vice for said street lighting system for a period of ` years commencing 1 , 19 °5 , or as soon thereafter as the Company is reasonably able to supply such energy and service. The Company and the Customer further agree that following the end of the original term of this contract it shall be extended automatically thereafter for successive terms of one year each; provided that this contract may be ter- minated by either party upon not less than sixty (60) days' written notice prior to the expiration date of the original term or any extended term. The Customer agrees to pay the Company monthly for such electric energy and service in accordance with the rate schedules designated in Section I above. SECTION III. It is hereby agreed that no change shall be made in said street lighting system, as specified in Section I hereof, except such mutually agreed upon changes as are covered by satisfactory written modification hereto. By such modification additional street lights may be included hereunder at the applicable rate. The Company agrees to extend its street lighting circuits and make such installation in accordance with the Company's Extension Rule or any superseding extension rule which may be authorized by the Public Utilities Commission of the State of California. No change will be made in the location of existing lights unless the expense thereof is paid by the Customer. SECTION IV. In case service to any of the above described street lights should be discontinued during the first year of service, the Customer hereby agrees to pay to the Company the net cost of installing and removing lines and equipment installed by the Company to render such service. In case said service should be discontinued during the second or third year, the Customer agrees to pay to the Company said net cost less one twenty-fourth of the total amount for each month that service is continued beyond the first year. SECTION V. The Company agrees to use reasonable diligence in roviding an 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 the Company is unable to supply energy for said lighting service, the Customer agrees that the only liability of the Company, except for lack of reasonable diligence, 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 twenty-four hour period thereafter. This provision shall not deprive the Customer of its power of rescission for substantial`breach of contract by the Company. SECTION VI. This contract shall at all times be subject to such changes or modifications by the Public Utilities Commission of the State of California as said Commission may, from time to time, direct in the exercise of its juris- diction. The Customer agrees to be bound by and to comply with the Rules of the Company relating to such service as filed with the Commission, a copy of which is open to public inspection at the Company's office. P.U.C.1246-E X370 7 SECTION VII. It is mutually understood that the Company shall not be liable to the Customer or to any other person for any failure of the Company to furnish and deliver a continuous or sufficent supply of electric energy or to perform the terms of this contract caused by inevitable accident, fire, strikes, riots, war, governmental interference, or any other cause except that arising from its failure to exercise reasonable diligence. All terms and stipulations heretofore made and agreed to by the parties in relation to said street lighting service are set forth in this contract, and no representation of any agent or employee shall be binding upon the Company except as herein expressed. CUSTOMER SAN DIEGO GAS & ELECTRIC COMPANY The City of Mat la Vista By Agent By(] '� � / (�1wr.. :-r�� / Appro d By Iii'�,��/ .i / r� ice Presi nt in Charge of Sales ATTEST: A- A.0.4 Secretary • • • Number Sire 'gyps 1#rad Typt, Burning Bate/par of is of of of tae mate Lamp Idea- lama Idisa liadda uM aba& 1 ;_41AI iT 24 2,300 Incandescent Eeries Ornamental 4033 IS2B $ 1.73 3 20,000 moors Vapor Multiple oran1 4033 1. $ 4.27 20,000 thavury Vapor Series` ._ ornamental 4033 LS2B $ 4.27 134 * 44 ; 14 ,X1 IV 429 6,000 Inmandement Matiple Overhand 4033 1S1 $ 4.32 406 6.000 Iuoaasd t tae Overhead 4033 L$1 $ 4.32 24 6.000 Inerendesoent Multiple Overhead 4033 L81 1 $ 5.38 30 6,,000 ineandesomat ma Overhead 4033 LS1 1 $ 5.38 32 7.00o Mercury Vapor Multiple Overhead 033 L$1 $ 4.40 1 7,00 14eratir7 U t ple OnErhead 4033 Idl, 1 $ 546 30 20.000 Mercury Vapor Multiple Overhead 4033 LS/ $ 7.35 32 20.000 Mereury Term Serie* Overhead 4033 Ti]. $ 7.35 16 20.000 Mercury Vapor Multiple Overhead 4033 LS1 1 $ 8.4 20,000 Mercury Vapor Series Overhead 4033 LS1 1 $ 8.41 1031. * B$134174 qt r 4997-72001 Billing Account Number 499740001