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HomeMy WebLinkAboutReso. 1988-203 - Approving the form of an agreement for planned unit development street light service • . . RESOLUTION NO. V. D.5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE FORM OF AN AGREEMENT FOR PLANNED UNIT DEVELOPMENT STREET LIGHT SERVICE , AND AUTHORIZING THE CITY MANAGER TO EXECUTE FUTURE AGREEMENTS . WHEREAS , the Electric Utility Commission and the Electric Department staff believe that the proposed Agreement for Planned Unit Development Street Light Service, a true copy of which is attached hereto and incorporated by reference, will provide the developers of Planned Unit Developments with an opportunity to reduce development costs, properly reimburse the City, and help to increase the City' s nighttime electrical load; and WHEREAS , staff respectfully requests that City Council approve the form of the attached Agreement, to be utilized at such time as a developer elects to request City ownership and maintenance of a street lighting system pursuant to the City' s service policy; and WHEREAS , City Council has considered such recommendation and deems it to be in the best interests of the City of Redding to approve same; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows : 1 . That all of the above recitals are true and correct. 2 . That the City Council hereby approves the form of the proposed Agreement for Planned Unit Development Street Light Service, a true copy of which is attached hereto, to be utilized at such time as a developer elects to request City ownership and maintenance of a street lighting system pursuant to the City' s service policy. 3 . That after receipt of such a request from a developer, and the developer completing an Agreement for Planned Unit k ?S ® ' *' Development Street Light Service, the City Manager of the City of Redding is hereby authorized and directed to review said Agreement and, if in order, sign said Agreement on behalf of the City of Redding. 4 . That the City Clerk is hereby authorized and directed to attest the signature of the City Manager and to impress the official seal of the City of Redding on said Agreement, when appropriate. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 7th day of June , 1988 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Buffum, Carter , Dahl , Fulton , & Johannessen NOES : COUNCIL MEMBERS : None ABSENT: COUNCIL MEMBERS : None ABSTAIN: COUNCIL MEMBERS : None 44/>7 / K. 'MAURICE JOHANNESSEN, Mayor City of Redding ATTEST: ..�_ ..2 .,6.s ETHEL A. NICHOLS , City Clerk i FORM)PPROVED: Tc: A�'ptel. RAN ALL A. HAYS , ity Attorney -2- 411 , III AGREEMENT FOR PLANNED UNIT DEVELOPMENT STREET LIGHT SERVICE Pursuant to Section C, Article 6 (a) (2) of the City of Redding (City) Electric Utility Service Policy established by Resolution No. 85-42, the City hereby agrees to provide electric service under the Street Light Service Schedule as it now exists or may hereafter be amended or superseded, to (Customer) , located at . A copy of the current I Street Light Schedule is attached hereto and incorporated herein. The City and Customer agree as follows : 1. All street light facilities, secondary conductor, conduit and associated easements shall be furnished and/or installed by the Customer in accordance with City standard drawing Elll and the Electric Utility Service Policy as adopted by Resolution No. 85-42 . 2. The Customer shall design the location and quantity of street lights for the planned unit development, with locations agreed upon prior to construction by the Electric Utility with regard to the ease of maintenance/operation. 3. The Customer shall indemnify and hold harmless the City from any and all liability for the street and area illumination design of the street light system within the planned unit development. Further, if street lights are removed by virtue of the provisions of paragraphs 9 and 10 of this Agreement, Customer shall further indemnify and hold harmless the City for any and all liability associated in any way with such removal. 4 . The street lights shall be unmetered and directly connected to the City' s secondary system, at locations subject to the approval of the Electric Utility. 5. The Customer shall furnish and install only the following types and sizes of street light lamps : Quantity Lamp type and size 100 watt high pressure sodium lamp (s) 150 watt high pressure sodium lamp (s) 250 watt high pressure sodium lamp (s) 6. The Customer' s monthly bill shall be calculated by multiplying the quantity of each lamp size times the appropriate rate and then summing the resulting products. • • �• 7. Upon completion of final inspection, all street light facilities, secondary conductor, and conduit shall become the property of City. Easements shall be granted to the City by the Customer. 8. During routine/emergency Electric Utility maintenance or removal of the street light system, the City shall : a) be allowed adequate vehicular/pedestrian access to all street light facilities; and b) not be held liable for any consequential damages incurred by Customer. 9. Delinquent bills will be handled as prescribed in the aforementioned service schedule. If the billing account remains delinquent for six (6) months after the initial notification of delinquency, the City may at its sole discretion discontinue service to and remove all street light facilities from the property. In order to re-establish street lighting service, the Customer may be required to provide new street lights and standards. 10. Upon termination of this Agreement by the Customer, the Electric Utility shall make best efforts to remove, within ninety (90) days, all street light facilities applicable to this Agreement. 11. This Agreement shall be binding upon the heirs, successors, or assigns of the Customer. 1 IN WITNESS WHEREOF, the City of Redding and Customer have executed this Agreement this day of , 19_ 1 1 CUSTOMER CITY OF REDDING By By Address Address ATTEST: FORM APPROVED: City Clerk Cit Attorney TN1/239 li