HomeMy WebLinkAboutReso 92-464 - Approve purchase & sale agreement No. CDA 13027 between PG&E and COR covering electric distribution facilties at PG&E within unincorporated area known as "Tierra Oaks area annexation 90-15 a
RESOLUTION NO. f [,�
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING PURCHASE AND SALE AGREEMENT NO. CDA 13027
BETWEEN PACIFIC GAS AND ELECTRIC COMPANY AND THE CITY
OF REDDING COVERING THE ELECTRIC DISTRIBUTION
i FACILITIES OF PACIFIC GAS AND ELECTRIC COMPANY WITHIN
THE UNINCORPORATED AREA KNOWN AS "TIERRA OAKS AREA
i ANNEXATION NO. 90-15," AND AUTHORIZING THE MAYOR TO
SIGN ALL NECESSARY DOCUMENTATION.
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WHEREAS, on June 2, 1992, by Resolution No. 92-246 , the City
of Redding completed the process of annexing the unincorporated
area known as "Tierra Oaks Area Annexation No. 90-15" ; and
WHEREAS, said annexation was certified by the Executive,
Officer of the Shasta County Local Agency Formation Commission on
April 23, 1992; and
j WHEREAS, Pacific Gas and Electric (PGandE) serves
electricity to 23 domestic customers within the annexed area; and
WHEREAS, PGandE is willing to sell its electric distribution
facilities within the annexed area to the City of Redding; and
WHEREAS, funds are included in the 1992-93 Capital
Improvement Program for this
p g purchase as part of the 1989
Electric System Project Financing Program;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of
the City of Redding as follows:
1. The above recitals are true and correct.
2 . City Council hereby approves Purchase and Sale
Agreement No. CDA 13027 between PGandE and the City of Redding, a
true copy of which is attached hereto and incorporated herein by
reference, on the terms and conditions set forth therein. N
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3 . The Mayor of the City of Redding is hereby authorized
and directed to sign said Purchase and Sale Agreement and all
necessary documentation in connection therewith on behalf of the
City of Redding; and the City Clerk is hereby authorized and
directed to attest the signature of the Mayor and to impress the
i official seal of the City of Redding thereto.
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 17th day of November 1992, and was
duly adopted at said meeting by the following vote:
AYES• COUNCIL MEMBERS• Anderson, Arness, Dahl, Kehoe & Moss
7 NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
a
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CHARLIE MOSS, Mayor
City of Redding
A - ST
CONNIE STROHMAYER, 66ity Clerk
FORM PROVED:
RA�DALL A. HAYS, City Attorney
li 2
S Pacific Gas and Electric Company
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PURCHASE AND SALE AGREEMENT
COPIES:
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[1] Buyer
[1] Division
[2] Service Planning RPJ
REFERENCE:
GM/WO NO. 4046678
CDA NO. 13027
THIS AGREEMENT is made between PACIFIC GAS AND ELECTRIC COMPANY,
a California corporation (PG&E) , and CITY OF REDDING a
California municipal corporation, Shasta County, California
i (City) ;
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RECITALS:
1 City, by Resolution No. 92-246, annexed an unincorporated area
known as "Tierra Oaks, Annexation No. 90-15" . The annexation
was certified on April 23 , 1992 by the Executive Officer of the
Shasta County Local Agency Formation Commission;
PG&E serves electricityto 23 domestic and 0 commercial
customers within the annexed area;
;j PG&E is willing to sell its electric distribution facilities
'i within the annexed area to City;
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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1. PG&E shall sell to City and City shall purchase from PG&E,
PG&E's electric distribution facilities (Facilities) ,
located in the annexed area. The location of the
Facilities are shown on the map attached hereto and made a
part hereof as Exhibit "A" . In addition, the Facilities
are further described on the List of Materials marked
Exhibit "B" , attached hereto and made a part hereof.
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2 . The Facilities are to be sold as is. PG&E does not warrant
the condition of the Facilities. PG&E also does not
warrant that adequate land rights cover all of the
Facilities. In the absence of such land rights, City shall
assume any and all liability in connection therewith. PG&E
shall assign, in whole or in part, private grants of rights
!� of way and easements for the Facilities concurrently with
the delivery of the Bill of Sale deeds for the Facilities
described in Sections 5 and 6 hereof.
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3 . City shall pay to PG&E as the purchase price for the
inventoried Facilities, as of September 25, the sum of
$59,800 (excluding any sales tax legally due) which is the
value of the Facilities, including 15 percent for value as
a going concern. In addition, City shall pay to PG&E its
severance costs of $5, 327, including
Contributions-In-Aid-of-Construction (CIAC) tax, for a
total amount of $65, 127. Further, City shall pay to PG&E
(1) the net value, as determined in accordance with PG&E's
standard accounting practice, of any additions to and
retirements from the Facilities that may be made by PG&E
subsequent to September 25, 1992 and prior to the
conveyance of the Facilities to City, and (2) 15 percent of
j such net value, and (3) any severance costs that may be
N involved because of the installation of said additions and
retirements from the Facilities. PG&E shall deliver to
'i City the Bill of Sale provided for in Sections 5 and 6
concurrently with the payment by City of the purchase
it price.
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4 . The current ad valorem taxes for the tax year in which the
Facilities and any additions and betterments are conveyed
shall be prorated as of the date of conveyance. City shall
II pay to PG&E on demand such part thereof as is attributable
1 to the portion of the tax year from and after delivery of
the deed of conveyance hereunder. PG&E shall supply City
i with a retention of the tax bill received from the County
of Shasta and any supporting documentation supplied by the
State Board of Equalization.
5. PG&E shall execute and deliver to City a Bill of Sale (a
copy of which is attached as Exhibit "C") conveying
Facilities to City within the time set by order of the
California Public Utilities Commission (Commission) ,
authorizing this agreement.
u 6. The facilities sold are presently subject to the lien of
PG&E's First and Refunding Mortgage Indenture. Within a
!� reasonable time following execution of this agreement and
bill of sale, PG&E shall obtain the removal of this
encumbrance from the trustee of the indenture.
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7 . Upon execution and delivery by PG&E of the Bill of Sale,
City shall assume all public utility obligations of PG&E to
provide electric service to the 23 customers in the area
now supplied from the Facilities and any other customers
added by PG&E prior to the delivery of the Bill of Sale.
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8 . City acknowledges that some of the Facilities sold under
this agreement may contain polychlorinated biphenyls
(PCBs) , a hazardous material. City warrants that any and
all of such Facilities that may contain PCBs are being
purchased for its own use, and not for resale. City
warrants that, in the event that it ever sells such
IIS Facilities, it will disclose, in writing, to all potential
buyers, that such Facilities may contain PCBs. City shall
I� obtain and comply with all permits necessary for the
purchase, transportation, use, handling, treatment, storage
and/or disposal of the Facilities, whether as a result of
i� the PCB content or otherwise. City shall comply with all
applicable federal, state and local laws, standards, rules
and ordinances, including, but not limited to: 15 USC,
Section 2601 et sect. ; the Code of Federal Regulations,
Title 40 Paragraph 761 et sea• ; the California Health and
Safety Code, Section 25100 et sea• and the California
Administration Code Title 22, Section 66100 et sea• Buyer
is aware that Environmental Protection Agency or other
public agency regulation may require the removal,
replacement and/or relocation of this equipment at certain
times.
9 . From the date of conveyance forward, City shall assume all
responsibilities of the Facilities and City shall indemnify
PG&E, its officers, agents and employees, against loss,
damage, expense and liability resulting from injury to or
death of person, including, but not limited to, employees
j of PG&E or City, or injury to property, including, but not
'I limited to, property of PG&E or City, arising out of or in
any way connected with City's ownership, operation and
i' maintenance of the Facilities, excepting only such injury
or death as may be caused by the sole negligence or willful
misconduct of PG&E, its officers, agents or employees.
City shall pay costs that may be incurred by PG&E in
enforcing this indemnity provision, including reasonable
'I attorney' s fees. City further agrees that any loss,
damage, expense and liability that arises out of or is in
any way connected with the Facilities that may contain PCBs
will be assumed by the City from date of conveyance forward
and is expressly within scope of this indemnity.
10. Any action by City arising out of or in any way connected
with the sale contemplated by this agreement, whether
'! sounding in tort, contract, strict liability or otherwise,
,i must be commenced within two years after the cause of
action therefore has accrued.
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11. This writing is intended by the parties hereto as the final
and complete expression of their agreement concerning the
sale of the Facilities described herein and there are no
'! warranties, terms or conditions not otherwise stated
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herein.
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12 . No agent, employee or representative of PG&E has any
authority to bind PG&E to any affirmation, representation
or warranty concerning the Facilities sold under this
agreement, and unless an affirmation, representation or
warranty made by an agent, employee or representative is
specifically included within this agreement, it has not
,'' formed a part of the basis of this bargain and shall not in
any way be binding on PG&E or otherwise enforceable.
1� 13 . This agreement can be modified only in writing signed by
i both parties.
14. This agreement and interpretation of the terms hereof shall
be governed in all respects by the laws of State of
California.
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15. For and in consideration of the receipt of the Facilities,
City hereby releases and forever discharges PG&E, of and
from any and all claims, demands, actions or causes of
actions, known or unknown, including all injuries, deaths
and property damage arising out of or in any way connected
with the hazardous properties of the PCBs which may be
'i contained in the Facilities that occur after the date of
I� conveyance of the Facilities.
16. This agreement shall not become effective until the
Commission shall, by its order, authorize PG&E to carry out
I� its terms and conditions.
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'i Dated: , 19
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ACCEPTANCE:
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�I CITY OF REDDING PACIFIC GAS & ELE TRIC COMPANY
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II BY: BY:
Vice-President, Gene I Services
II TITLE:
AND BY:
ATTEST:
BRIM L': MCGRATH
A4sistant Secretary
City Clerk
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FORM APPROVED
CITY LEG D .
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EXHIBIT"B"
CITY OF REDDING TIERRA OAKS NO.90-15
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'j MATERIAL INVENTORY
!� LINE LINE
I( NO. ITEM QUANTITY NO.
(a) (b)
ACCOUNT 204(364) POLES TOWERS AND FIXTURES
i
1 ANCHOR GUY 7/32"E.H.S. 2.5M EA 3 1
2 ANCHOR GUY 5/16"E.H.S. 5M. EA 7 2
'I 3 ANCHOR GUY 3/8" E.H.S. 7.5M EA 16 3
4 ANCHOR GUY 7/16" E.H.S. 10M EA 5 4
5 ANCHOR GUY GUARD PLASTIC EA 24 5
6 ANCHOR JOINT EXP. 5/8"X 8' 2.5M EA 1 6
7 ANCHOR JOINT EXP. 1"X 10' 10M EA 1 7
8 ANCHOR JOINT EXP. 1 1/4"X 10'25M EA 1 8
!i 9 ANCHOR EXPANDING 5/8"X 8' 2.5M EA 4 9
10 ANCHOR EXPANDING 3/4"X 9' 7.5M EA 6 10
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11 ANCHOR EXPANDING 1"X10' 10M EA 1 11
12 ANCHOR JOINT POWER INSTALLED 15M EA 7 12
13 ANCHOR POWER INSTALLED SCREW 15M EA 9 13
II 14 BRACKET CUTOUT BKT FOR WOOD ARMS EA 2 14
15 BRACKET EXTENSION FIGURE 14 18-6055 EA 5 15
,i 16 CROSSARM LIGHT SINGLE 5'4" EA 3 16
17 CROSSARM LIGHT SINGLE 8' EA 1 17
j 18 CROSSARM LIGHT DOUBLE 8' EA 1 18
19 CROSSARM STEEL 4' EA 15 19
20 EXTENDED RACK SECONDARY 3 SPOOL EA 8 20
21 POLE JOINT 35 FT EA 1 21
22 POLE JOINT 40 FT EA 9 22
!i 23 POLE JOINT 45 FT EA 8 23
24 POLE JOINT 55 FT EA 2 24
25 POLE SOLELY OWNED 30 FT EA 2 25
26 POLE SOLELY OWNED 40 FT EA 4 26
;! 27 POLE SOLELY OWNED 45 FT EA 7 27
28 POLE SOLELY OWNED 50 FT EA 1 28
29 POLE SOLELY OWNED 55 FT EA 2 29
30 STEPS POLE 0-45' EA 1 30
.I 31 STEPS JOINT POLE 0-45' EA 4 31
32 SIGN HIGH VOLTAGE PLASTIC EA 56 32
33 TRANGULAR KIT SINGLE PHASE 9" EA 14 33
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EXHIBIT"B"
CITY OF REDDING TIERRA OAKS NO.90-15
MATERIAL INVENTORY
LINE LINE
'I NO. ITEM QUANTITY NO.
-- (a) (b)
ACCOUNT 205(365) OVERHEAD CONDUCTORS AND DEVICES
1 BUS XF 1 PH TO 15KVA EA 13 1
2 BUS XF 1 PH TO 25KVA EA 1 2
3 CABLE ACSR 6/1 4 FT 2,660 3
4 CABLE ACSR 7/1 2 FT 9,607 4
'i 5 CABLE AERIAL TRIPLEX AL. 1/0 FT 321 5
I� 6 CABLE TRIPLEX (N-SD)AL. 2 FT 174 6
II 7 GROUND TRANSFORMER EA 14 7
8 INSULATOR PRIMARY PIN TYPE PART 8 EA 14 8
9 INSULATOR PRIMARY POST TYPE PART 1 EA 22 9
10 INSULATOR PRIMARY SUSPENSION 1 -EA 50 10
11 INSULATOR SPOOL& CLEVIS PART 1 EA 1 11
12 INSULATOR SPOOL&CLEVIS PART 4 EA 4 12
13 INSULATOR SECONDARY STRAIN PART 1 EA 2 13
14 UNDERARM BUS 7' EA 1 14
ACCOUNT 206 (366) UNDERGROUND CONDUIT
15 RISER MOULDING U-SHAPE 3"/30' PVC EA 1 15
16 SUBSURFACE ENCLOSURE 13"X 24" #1 EA 1 16
y 17 SUBSURFACE ENCLOSURE 8"EXTENSION#1 EA 1 17
ACCOUNT 207(367) UNDERGROUND CONDUCTORS AND DEVICES
18 CABLE XLPE-TRIPLEX#1/0 AL 600V FT 35 18
ACCOUNT 210 (369)SERVICES-OVERHEAD
L 19 CABLE TRIPLEX (N-SD)AL. 1/0 FT 501 19
20 CABLE TRIPLEX (N-SD)AL. 2 FT 1,035 20
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1' ACCOUNT 211 (369)SERVICES-UNDERGROUND
21 RISER MOULDING U-SHAPE 2"/30' PVC EA 4 21
22 RISER MOULDING U-SHAPE 3"/30'PVC EA 1 22
23 SERVICE 3-1/C-1/0 AL XLP 600V /100'EA 4 23
24 SERVICE 2-1/C4/0+1/0 N AL XLP/100'EA 5 24
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EXHIBIT"B"
CITY OF REDDING TIERRA OAKS NO.90-15
MATERIAL INVENTORY
LINE LINE
NO. ITEM QUANTITY NO.
(a) (b)
ACCOUNT 212(370) METERS
I
I' 1 METER 1PH. 3W. 240V. CL. 20 EA 4 1
'j 2 DUNCAN 5407224 2
!� 3 UNKNOWN 312194414 3
4 METER 1PH. 3W. 240V. CL. 200 EA 42 4
5 UNKNOWN 54088787 5
6 UNKNOWN 88777239 6
7 SANGAMO 60067261 7
8 SANGAMO 60067214 8
9 UNKNOWN 34464669 9
10 DUNCAN 21560120 10
11 SANGAMO 32454131 11
12 SANGAMO 32454130 12
13 DUNCAN 22942108 13
14 DUNCAN 22941977 14
15 SANGAMO 41230988 15
16 SANGAMO 48130863 16
17 UNKNOWN 75720996 17
18 SANGAMO 77915654 18
19 SANGAMO 43315647 19
20 SANGAMO 77911455 20
21 DUNCAN 14109942 21
22 UNKNOWN 55306819 22
23 UNKNOWN 59405839 23
24 UNKNOWN 64802686 24
25 UNKNOWN NO ACCESI 25
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EXHIBIT"B"
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CITY OF REDDING TIERRA OAKS NO.90-15
MATERIAL INVENTORY
LINE LINE
NO. ITEM QUANTITY NO.
(a) (b)
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ACCOUNT 220(368) LINE TRANSFORMERS-OVERHEAD
26 XFORMER 1PH. 12KV-120/240V 10KVA EA 10 26
27 UNKNOWN 2731188-16 27
28 UNKNOWN 31568217 28
29 UNKNOWN H546904-68K 29
30 UNKNOWN N090653YESA 30
31 UNKNOWN N090672YESA 31
'I 32 UNKNOWN 82V3017038 32
33 UNKNOWN 3114531 33
II 34 UNKNOWN 3107616 34
q 35 UNKNOWN 74AJ7847 35
36 UNKNOWN 71AJ7589 36
;i 37 XFORMER 1PH. 12KV-120/240V 15KVA EA 2 37
38 UNKNOWN 5907-2581 38
39 UNKNOWN 60066666 39
40 XFORMER 1 PH. 12KV-120/240V 25KVA EA 1 40
it 41 UNKNOWN 811005516 41
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ACCOUNT 221 (368) LINE TRANSFORMER DEVICES -OVERHEAD
1 CUTOUT BUSHING MT 7.5KV 20A PT 73B EA 10 1
2
CUTOUT OPEN LINK 15KV 50A PT 22 EA 2 2
3 FUSE LIQUID FILLED PT 10A EA 10 3
4 FUSE OPEN LINK PT 8T EA 2 4
7 5 LIGHTNING ARRESTOR 10KV EA 18 5
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EXHIBIT "C"
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Pacific Gas and Electric Company
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BILL OF SALE
COPIES: REFERENCE:
[11 Buyer GM/WO NO.
[11 Division CDA NO.
j [ 2 1 Service Planning CPUC Decision No.
PACIFIC GAS AND ELECTRIC COMPANY, a California corporation (PG&E), in
consideration of the sum of (severance costs and a value for going concern is
included), does hereby sell, grant and convey, as is, to the CITY OF
a California municipal corporation,
County, California (City), its successors and assigns, all of PG&E's
Fi right, title and interest in and to certain electric distribution facilities (Facilities), located within
it annexation area known as Annexation No. in the
location(s) shown on the sketch attached hereto marked Exhibit "A" and as more particularly
'I described on the attached List of Materials marked Exhibit "B". The Facilities are used to serve
approximately electric customers within the City's corporate limits.
This Bill of Sale is executed pursuant to authorization contained in the order of the California
ji Public Utilities Commission in its Decision No. dated
and is subject to all the terms and conditions of the
Purchase and Sale Agreement between City and PG&E dated , 19—.
This Bill of Sale does not cover additions or betterments, if any, made to Facilities by PG&E
after , and is limited to the Facilities described in Exhibits
"A" and "B". Additions and betterments, if any, will be covered by a supplemental bill of sale to
be delivered to City concurrently with the payment by City to PG&E of the price thereof.
Dated: , 19
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;) ACCEPTANCE:
CITY OF REDDING PACIFIC GAS & ELECTRIC COMPANY
' BY: BY:
Vice President, General Services
TITLE:
AND BY:
ATTEST: Secretary
City Clerk
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