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HomeMy WebLinkAboutCC Res 2870 1979-04-23 I"' I I . . RESOLUTION NO. ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING ITS INTENTION TO ENTER INTO AN AGREEMENT WITH THE SOUTHERN CALIFORNIA EDISON COMPANY FOR STREET LIGHTING. WHEREAS, it is to the benefit of the residents of the City of Seal Beach to have functional street lights; and WHEREAS, the Southern California Edison Company has the capability and willingness to provide electric energy to illuminate street lights within Seal Beach; and WHEREAS, the Southern California Edison Company a1so has the capability and willingness to furnish labor and materials necessary to maintain and operate the street lighting system within Seal Beach; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seal Beach does establish its intention to enter into an agreement with the Southern California Edison Company (Exhibit "L"); and BE IT FURTHER RESOLVED that the City Manager and the City Clerk be authorized to enter into the agreement on behalf of the City. AND ADOPTED thiS~~~y of April, 1979, vote: , =r~~.!/~ yor ATTEST: ~ 0'J~ of " I ~ I I Resolution Number ' AGREE fIE NT FOR SERVICE FOR STREET LIGlTING 1 TIllS AGREEflENT, made this day of , 1979, by and between 2 SOUTHERN CALIFORNIA EDISON COIoPANV, a corporation, hereinafter designated as 3 l:oqlany, and the CITY COUNCIL OF TIlE CITY OF SEAL BEAQl, in the County of 4 Orange, State of California, hereinafter designated as Customer. 5 WITNESSETH: 6 FOR AND IN CONSIDERATION OF the payments hereinafter to be made by 7 Customer to Company, Company agrees ~ furnish, in accordance with its Tariffs 8 as filed with and approved by the Public Utilities Conmission of the State of 9 California (the Conunission) , electric energy to illuminate the street lights 10 located in and owned by said City and to furnish all tools, labor. material. .:. ~." 11 lamps, equipment, and electric energy necessary to install. maintain, and , 12 operate the street lighting system which is to be ow~d' by Company. as provide 13 by Company's Rules, in said City, for a period of three (3) years, conmencing 14 July 1, '1979. and tenninating June 30. 1982. and from year-to-year thereafter. 15 unless tenninated as herein provided. 16 . All installations shall be made at locations as shown on Maps on file in 17 the office of the City Clerk. which said plan was filed on , 18 in proceedings for the establishment of said street lighting, pursuant to 19 Resolution of Intention No. . AttaChed hereto and marked Exhibit "A" . 20 and made a part hereof by this reference is a copy of said Map. Any modifica- 21 tion of or in locations as indicated on Exhibit "A" will be set forth on 22 23 additidhal maps furnished from time to time by customer for such purposes. , Customer agrees to take, receive, and use for a continuous period of 24 not less than three (3) years from date first energized, the electric energy 25 and service supplied and furnished to each street light or street lighting 26 system requested by Customer. and to pay Company bimonthly therefor at the 27 rates and under the terms and conditions set forth in Rate Schedules Nos. 28 LS-l and LS-2 and at such higher or lower rates. pursuant to such new or 29 amended tariff schedules, applicable to Customer. as may from time to time 30 be ordered or allowed to become effective in accordance with law by the 31 Conmission. regardless of how or by whom proceedings resulting in such 32 change may have been initiated. including proceedings initiated by Company. " ~r~~ EXHIBIT "L" I 1 I Resolution Number 1 and in a~cordance with Company's Rilles on file from time to time with said 2 COllll!lission. Copies of said Rate Schedules are attached hereto marked 3 Exhibi t "B" and by this reference made a part hereof. 4 Customer agrees to convnence using the street li ghting in a bona fide 5 manner within ninety (90) d~s after the date of completion of an installation 6 of a street light or street lighting system requested by Customer. 7 It is understood and agreed that where electroliers are to be served by 8 means of COJl1lany-owned undergrounil system, Customer will advance to Company 9 Compa~'s estimated difierence in installed cost of the underground system 10 and a s,tandard overhead system. And, Customer will advance to Compa~ 11 COJl1lany's estimated cost of trenching, backfil;ing, and restoring pavement to , 12 the satisfaction of the applicable public agency haVing jurisdiction, or will 13 furnish same including therein Company's requirements. Further, where customer 14 elects to have Company-owned ornamental electroliers installed in a Compa~- 15 owned system, Customer shall p~ to Company Company's estimated installed cost . 16 differential of said ornamental electrolier(s) in accordance with Exhibit "C" 17 attached hereto and by this reference made a part hereof. 18 It is understood and agreed that all poles, wires, fixtures, lamps, 19 and other appliances supplied and used by Company in furniShing the service 20 herein provided for, shall at all times, be and remain the property of 21 Company. 22 It is further understood and agreed that the following conditions are 23 to govern: All poles, wi res, 11 ghts, and electri cal apparatus installed by 24 Company in furnishing service under this agreement, shall be so placed as to 25 work the least possible public and private inconvenience, and Customer may at 26 any time order the location of any part of the system changed by Compa~ at 27 the expense of Customer to confonn to the above requirements. 28 Customer reserves the right to abrogate this contract whenever current 29 is offered at two-thirds the price fixed in this contract. 30 This agreement may be tenninated by either party hereto at the end of 31 the ini ti al three (3) year tenn or at the end of any succeeding annual 32 period by written notice given not less than sixty (60) d~s prior to the tJ"~ - 2 - ". I I I Resolution Number 1 end of said three (3) year term or of any succeeding annual period. Such 2 termination shall not affect the Obligations nor liabilities of either of 3 the parties hereto. or either of them. accruing at such date of ternrinatfon. 4 And Company shall have the right to remove or abandon Company-owned street 5 lighting facilities. wholly or in part. upon expiration of this contract 6 I or of any renewal thereof. 7 Customer may request termination of service to a street light or 8 street lighting system prior to "the expiration of the initial continuous 9 three (3) year service period required by this contract. In such event. 10 I Collllany wi 11 discontinue energy thereto and billing therefor in accordance I _~ ~ 11 with its filed Tariffs. and Company may. tiut is not obligated to. remove all , 12 or any portion of said terminated street lighting facilities and to bill and 1311 14 I " Customer will pay for installation and remova~ charges for facilities not fulfilling said continuous three (3) year period requirement. It is understood and agreed that should Customer request within the . initial three (3) year period 1) an increase or decrease in lamp size or 2) a change in mounting height of a luminaire. such changes shall be at Customer expense and on completion of modification a new initial three (3) year period shall commence. Further. relocation of an ornamental electrolier upon request of Customer shall be at expense of Customer. The time of service for any workman employed to do any part of the work contemplated by this contract is limited and restricted to eight hours during anyone calendar day and forty hours during anyone calendar week. except as permitted by the provisions of Section 1815 of the Labor Code; it is further agreed that in the Cdse of any violation in this regard of the provisions of Section 1810-1815. inclusive. of said Labor Code Company shall forfeit to Customer the sum of $25 for each workman employed in execution of this contract for each calendar day during which such workman is required or permitted to work more than eight hours during any one calendar day and for~ hours during any one calendar week. except IS provided in Section 1815 aforesaid. This contract shall. at all times. be SUbject to such changes or , 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 - 3 - . , I I 'I 8 91 101 11 12 13 14 , 1511 16 17 18 19 20 21 22 23 24 25 26 27 281 I 29 30 31 32 Resolution Number . modifications by the Conmfssion as said Conmission may. from time to time. direct in the exercise of its jurisdiction. , 4 If Company shall be prevented by strikes. by order of court. by public authorit;y. by order of the Comnrlssion. or other causes beyond the control of the parties hereto. or either of them. from furnishing the service herein provided for. it Shall not be liable in damages to Customer for such failure but a proportiona;te reduction in the amounts payable t~ Co~any by Customer for street 'lighting service hereunder. based on the period of suspension of such service. shall be made in case of such failure. , In addition to. and under limits of l1abil1t;y set forth in the 5 6 7 .... \'" preceding paragraph. Company may. in the 'absence of an order from the COmnrlssion. apportion the supply of electric energy in a manner that appears to COIIIpany most equitable. under conditions then prevailing. This provision for apportionment of the supply of electric energy shall include. but not be limited to. the right to apportion in the event of . brownouts. blackouts. or energy curtai lment programs. IN WITNESS WHEREOF. the parties ~ereto have caused these presents to be executed by their officers thereunto duly authorized the day and year first above written. CITY COlmCIL OF THE CITY OF SEAL BEACH ACTI~G FOR AND ON BEHALF OF THE CITY OF SEAL BEACH BY: Title: ~,;;-~. ,e.I~ ATTESTc::::2,d tiI!. ~ ~ ~ ~~. ~;;,..K- DATE: .L(. .:1;'. "7.4 ~- /T SOl1THERN CALI FORNIA EDISOO COMPANY BY: Title: DATE: ,,"\ - 4 - . .- . I I , Resolution Nu~er EXHIBIT "C" 1 PARAGRAPH 1 - Payment is made at time of installation. Company shall furnish, install and maintain ornamental e1ectro1iers and appurtenances thereto in lieu of wood poles at the current installation cost differential of $280.00 per concrete ornamental electrolier where the electro1ier is used in lieu of a wood pole, and $600.75 per concrete ornamental electrolier where the e1ectrol1er is used in the vicinity of an existing wood pole, either Company's or other Utilities' pole, which .... ..... " could be utilized for the street lighting l~nrinaire installation, payable by Customer to Company in a single p~nt which shall be made upon installation of the electro1iers. Funds for t~is current installation payment have been incorporated in the 1978-1979 budget for this district. It'is understood and agreed that charges for additional ornamental . electro1iers and appurtenances thereto will be at the then current installation cost differential which is subject to change July first of each year. ' . 1;..... EXHIBIT "C"