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HomeMy WebLinkAbout1980-070 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 1EXECUTION OF AN AGREEMENT WITH THE SOUTHERN CALIFORNIA EDISON 3 l� COMPANY FOR THE CONVERSION OF THE PRESENT STREET LIGHTING SYSTEM OF INCANDESCENT AND MERCURY VAPOR LAMPS TO HIGH PRESSURE SODIUM 4 ( VAPOR LAMPS. 5 BE IT RESOLVED BY THE MAYOR AND COM1,1ON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS : 6 SECTION 1. The Mayor of the City of San Bernardino is 7 8 Thereby authorized and directed to execute on behalf of said City 9 an Agreement with the Southern California Edison Company for the 10 conversion of the present street lighting system of incandescent 11 and mercury vapor lamps to high pressure sodium vapor lamps , a 12 copy of which is attached hereto, marked Exhibit "I." and incor- 13 porated herein by reference as fully as though set forth at I 14 length. f 15 I HEREBY CERTIFY that the foregoing resolution was duly i 15 adopted by the Mayor and Common Council of the City of San I 17 Bernardino at a ,E meeting thereof, held 18 on the i�q " day of _f, `c Z.�ti . - , 1980 , by the following 19 vote, to wit: 20 AYES: Councilmen r ra�.� -"r �.� Cti! '66v' cAr'smac-llt, 22 NAYS : 23 ABSENT: t3 r� _• 25 City Clerk i I 1 The foregoing resolution is hereby approv as day 26 of 1980 . 27 I '` of e,/City of an Bernardino 28 A s to form: ' !/t I orney i i j I STREET LIGHTING CONVERSION SERVICE AGREEMENT i 2 THIS AGREEMENT, made this day of 1980 , � EDISON COMPANY 3 Iby and between SOUTHERN CALIFORNIA , a corporation, P I 4 hereinafter designated as Company, and the CITY OF SAN BERNARDINO, j 5 a municipal corporation, hereinafter designated as Customer. 6 W I T N E S S E T H: 7 WHEREAS, Company now serves Customer at various locations g throughout the City of San Bernardino with Company owned street - lighting 9 � lighting service under Company' s present LS-1 street g htin g , I� 10 schedule, and 1 11 WHEREAS, Company' s present Rate Schedule No. LS-1 , author- i 12 ized by the Public Utilities Commission of the State of California) 13 (hereinafter Commission) , is more favorable to the Customer for 14 � the more efficient high pressure sodium vapor street lights , and - 15 WHEREAS, Company and Customer desire to promote conservatioA 16 by converting present street lighting system of incandescent and j 17 mercury vapor lamps to the more efficient High Pressure Sodium I 18 Vapor source, and 19 WHEREAS, Company desires and Customer agrees that such con- 20 versions should be accomplished in the most orderly and economic 21 manner, and 22 WHEREAS, Customer recognizes the numerous problems confront 23 ing Company in accomplishing such a massive conversion process, an 24 WHEREAS, Company recognizes Customer ' s desire to avail it- 25 self -of the present lower rates for High Pressure Sodium Vapor 26 street lights, 27 NOW, THEREFORE, in recognition of the foregoing recitals 28 and in I consideration of the mutual covenants and agreements contained 2 herein, the parties hereto do agree as follows . 3 TEP14S AND CONDITIONS 4 1. Installations 5 All conversions and/or installations pursuant to this 6 agreement will be at existing locations as shown on maps or . 7 exhibits attached hereto and marked Exhibit "A" and made a part g hereof by this reference. 9 2 . Lamp Selection I 10 Customer will designate for each existing lamp shown on I ' i 11 ' Exhibit "A" the selected size of High Pressure Sodium Vapor i2 replacement lamp. I I 13 3. Ownership i i4 Company and Customer agree that all such conversions will i 15 be made at Company expense and that all poles , wires , fixtures , I I 16 lamps , and other appliances , supplied and used by the Company in I,. 17 furnishing service herein provided for, shall at all times , be f I 18 and remain the property of the Company. 19 4 . Conversion Schedules 20 Customer agrees that all scheduling and completion of 21 designated conversions under terms of this agreement will be at 22 the sole discretion and management of Company provided, that 23 where possible, Company will snake every reasonable effort to meet 24 any specialized schedules or requirements of Customer. 25 5 . Street Lighting Agreement 26 Customer and Company shall negotiate in order to effectuate 27 a mutually beneficial comprehensive master street lighting agree- 28 ment. -2- 1 6 . Term of Contract i i 2 Customer and Company mutually agree that the life of this i I f 3 I agreement will be for a term of years or when all lamp ` 4 ! changes designated on Exhibit "A" are completed except where I 5 changes or modifications may be required by the California Public 6 Utilities Commission. 7 7. Payment 8 Customer agrees to take , receive and use , electric energy 9 I and service supplied to each street light or street lighting i 10 system as designated for conversion on Exhibit "A" and for a i 11 period of not less than three (3) years from the date of conversion 12 and to continue to use and pay Company at the appropriate rates 13 I and under the terms and conditions set forth in Rate Schedule No. 14 LS-1 as such rate schedule now exists , a copy of which is attached as Exhibit "B" , and incorporated herein , or as may hereafter be 16 modified by the California Public Utilities Commission. 17 8 . New Installations 18 Customer agrees that all future installations of new street) 19 lights or street lighting systems or modifications to existing 20 systems will where reasonably possible , utilize the High Pressure 21 Sodium Vapor lamps. 22 9. Disclaimer 23 Customer agrees to hold harmless , indemnify and defend 24 Company, its successors , and assigns , from and against all claims , 25 liens, encumbrances , actions , loss , damage , causes of action, 26 expense and/or liability, including court costs and attorneys 27 fees , arising from or resulting from loss or damage to property 28 or injury to or death of persons by reason of any modification of -3- I ( existing lamp sizes or lower levels of lighting service requested 2 in writing by Customer. 3 10 . Regulation 4 This agreement shall at all times be subject to any 5 modification or changes as may be directed from time to time by 6 the Public Utilities Commission of the State of California . . 7 IN WITNESS WHEREOF, the parties hereto have caused these 8 presents to be executed by their officers thereunto duly 9 authorized the day and year first above written. 10 SOUTHERN CALIFORNIA EDISON COMPANY 11 By 12 13 Title 14 Attest 15 Title 16 17 Date 18 19 20 CITY OF SAN BER R O ATTEST: 22 /� By 22 < lam_ M or -City Clerk 23 24 Approved as to form: 25 JLMXH IL 26 City Attorney 27 28 -4- i 1 STREET LIGHTING CONVERSION SERVICE AGREEMENT I I 2 i THIS AGREEMENT, made this day of , 1980 , 3 by and between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, I I 4 hereinafter designated as Company, and the CITY OF SAN BERNARDINO, 1 i I 5 a municipal corporation, hereinafter designated as Customer. b W I T N E S S E T H: I 7 WHEREAS, Company now serves Customer at various locations i 8 I throughout the City of San Bernardino with Company owned street I 9 I lighting service under Company' s present LS-1 street lighting I i 10 schedule , and I 11 WHEREAS, Company' s present Rate Schedule No. LS-1, author- i 12 Ilized by the Public Utilities Commission of the State of Californiai I ' i3 (hereinafter Commission) , is more favorable to the Customer for i 14 the more efficient high pressure sodium vapor street lights , and 15 WHEREAS, Company and Customer desire to promote conservation I 16 by converting present street lighting system of incandescent and j 17 mercury vapor lamps to the more efficient High Pressure Sodium 18 Vapor source, and 19 WHEREAS, Company desires and Customer agrees that such con- 20 versions should be accomplished in the most orderly and economic I manner, and 2a I; 22 WHEREAS , Customer recognizes the numerous problems confront- 23 ing Company in accomplishing such a massive conversion process, an 24 WHEREAS, Company recognizes Customer ' s desire to avail it- 25 self of the present lower rates for High Pressure Sodium Vapor 26 street lights , 27 NOW, THEREFORE, in recognition of the foregoing recitals I 28 and in i I I i 1 i 1consideration of the mutual covenants and agreements contained I 2 I herein, the parties hereto do agree as follows . 3 TERMS AND CONDITIONS I 4 1. Installations S All conversions and/or installations pursuant to this j 5 agreement will be at existing locations as shown on maps or 7 exhibits attached hereto and marked Exhibit "A" and made a part I g hereof by this reference. i g 2 . Lamp Selection f i 10 Customer will designate for each existing lamp shown on I I I 11 } Exhibit "A" the selected size of High Pressure Sodium Vapor I ' 12 replacement lamp. i 83 3 . Ownership i 14 Company and Customer agree that all such conversions will i 15 be made at Company expense and that all poles , wires , fixtures , 16 lamps , and other appliances , supplied and used by the Company in 17 furnishing service herein provided for, shall at all times , be i I 18 and remain the property of the Company. I 19 4 . Conversion Schedules 20 Customer agrees that all scheduling and completion of 21 designated conversions under terms of this agreement will be at 22 the sole discretion and management of Company provided, that 23 where possible , Company will make every reasonable effort to meet 24 any specialized schedules or requirements of Customer. 25 5 . Street Lighting Agreement 26 Customer and Company shall negotiate in order to effectuate; 27 a mutually beneficial comprehensive master street lighting agree- 28 ment. -2- 1 6 . Term of Contract f ; 2 Customer and Company mutually agree that the life of this 3 agreement will be for a term of years or when all lamp 4 changes designated on Exhibit "A" are completed except where j 5 ; changes or modifications may be required by the California Public S ; Utilities Commission. 7 7. Payment 8 Customer agrees to take , receive and use , electric energy 9 and service supplied to each street light or street lighting 10 i system as designated for conversion on Exhibit "A" and for a it !, period of not less than three (3) years from the date of conversions �I 12 and to continue to use and pay Company at the appropriate rates 13 1 and under the terms and conditions set forth in Rate Schedule No. 14 ii LS-1 as such rate schedule now exists , a copy of which is attached I 15 as Exhibit "B" , and incorporated herein, or as may hereafter be 16 modified by the California Public Utilities Commission. 17 8 . New Installations 18 Customer agrees that all future installations of new street, 19 lights or street lighting systems or modifications to existing i 20 systems will where reasonably possible , utilize the High Pressure i 21 Sodium Vapor lamps. I 22 9. Disclaimer 23 Customer agrees to hold harmless , indemnify and defend 24 Company, its successors , and assigns , from and against all claims , 25 liens , encumbrances , actions , loss , damage, causes of action , I 26 expense and/or liability, including court costs and attorneys f 27 fees, arising from or resulting from loss or damage to property 28 or injury to or death of persons by reason of any modification of -3- it i I I 'i I : existing lamp sizes or lower levels of lighting service requested i 2 din writing by Customer. 3 110 . Regulation � I 4 i This agreement shall at all times be subject to any j 5 modification or changes as may be directed from time to time by 6 the Public Utilities Commission of the State of California . 7 IN WITNESS WHEREOF , the parties hereto have caused these i 8 presents to be executed by their officers thereunto duly j g authorized the day and year first above written. 1c) SOUTHERN CALIFORNIA EDISON COMPANY I 1; By 12 I I 13 Title i 14 Attest i i5 Title i 16 17 Date I 18 19 20 CITY OF SAN BERNARD ATTEST: 21 22 _�lj�.� ,f Mayor 'City Cler 23 f 24 Appr d as to form: 25 26 City A torney 27 28 I -4-