HomeMy WebLinkAboutReso 92-394 - Approve purchase & sale agreement No. CDA 13021 between PG&E Co & COR covering Electric Dist Fac of PG&E within unincorporated area known as Collyer Dr annexation No 89-12 i ,
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING PURCHASE AND SALE AGREEMENT NO. CDA 13021
BETWEEN PACIFIC GAS AND ELECTRIC COMPANY AND THE CITY
OF REDDING COVERING THE ELECTRIC DISTRIBUTION
FACILITIES OF PACIFIC GAS AND ELECTRIC COMPANY WITHIN
THE UNINCORPORATED AREA KNOWN AS "COLLYER DRIVE AREA
ANNEXATION NO. 89-12," AND AUTHORIZING THE MAYOR TO
ii SIGN ALL NECESSARY DOCUMENTATION.
WHEREAS, on April 17, 1990, by Resolution No. 90-180, the
City of Redding completed the process of annexing the unincorpo-
rated area known as "Collyer Drive Area Annexation No. 89-12" ;
and
WHEREAS, said annexation was certified by the Executive
Officer of the Shasta County Local Agency Formation Commission on
May 10, 1990; and
WHEREAS, Pacific Gas and Electric (PGandE) serves
ielectricity to 13 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 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.
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2. City Council hereby approves Purchase and Sale
Agreement No. CDA 13021 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.
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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
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 15th day of September , 1992, and was
duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Anderson, Dahl, Kehoe and Moss
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Arness
ABSTAIN: COUNCIL MEMBERS: None
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CHARLIE MOSS, Mayor
City of Redding
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;i A ST:
CONNIE STROHMAYER, Oty Clerk
FORM APPROVED:
RANDALL A. HAYS City Attorney
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Pacific Gas and Electric Company
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PURCHASE AND SALE AGREEMENT
COPIES:
[ ] Buyer
[ ] Division
[2] Service Planning RPJ
REFERENCE:
GM/WO NO.4820817
CDA NO. 13021
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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 (City) ;
RECITALS:
City, by Resolution No. 90-180 annexed an unincorporated area
known as "Collyer Drive, Annexation No. 89-12" . The annexation
was certified on May 10, 1990 by the Executive Officer of the
Shasta County Local Agency Formation Commission;
PG&E serves electricity to 13 domestic and 4 commercial customers
within the annexed area;
PG&E is willing to sell its electric distribution facilities
within the annexed area to City;
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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.
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,
i 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 July 31, 1992 , the sum of
f $40,480 (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 $4, 297, including
Contributions-In-Aid-of-Construction (CIAC) tax, for a total
amount of $44, 777. 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
July 31, 1992 and prior to the conveyance of the Facilities
to City, and (2) 15 percent of such net value, and (3) any
severance costs that may be involved because of the
installation of said additions and retirements from the
Facilities. PG&E shall deliver to City the Bill of Sale
provided for in Sections 5 and 6 concurrently with the
payment by City of the purchase price.
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
pay to PG&E on demand such part thereof as is attributable
to the portion of the tax year from and after delivery of
the deed of conveyance hereunder. PG&E shall supply City
with a retention of the tax bill received from the County of
j 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.
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
j bill of sale, PG&E shall obtain the removal of this
encumbrance from the trustee of the indenture.
7 . Upon execution and delivery by PG&E of the Bill of Sale,
j City shall assume all public utility obligations of PG&E to
provide electric service to the 17 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
!I 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 Facilities, it will
disclose, in writing, to all potential buyers, that such
Facilities may contain PCBs. City shall 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 the PCB content or
i otherwise. City shall comply with all applicable federal,
i, state and local laws, standards, rules and ordinances,
including, but not limited to: 15 USC, Section 2601 et
sea. ; 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 of
PG&E or City, or injury to property, including, but not
limited to, property of PG&E or City, arising out of or in
any way connected with City's ownership, operation and
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 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,
must be commenced within two years after the cause of action
therefore has accrued.
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 herein.
'i 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.
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i 13 . This agreement can be modified only in writing signed by
both parties.
14 . This agreement and interpretation of the terms hereof shall
'i 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
contained in the Facilities that occur after the date of
conveyance of the Facilities.
16. This agreement shall not become effective until the
' Commission shall, by its order, authorize PG&E to carry out
its terms and conditions.
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Dated: , 19
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ACCEPTANCE:
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CITY OF REDDING PACIFIC GAS & ELE TRIC COMPANY
BY: BY:
Vice Presid , Gene I Services
TITLE:
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AND BY: '
Ts- Secre ry
� ATTEST:
City Clerk
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iI DP EXHIBIT
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EXHIBIT "B" (Page 1)
l MATERIAL INVENTORY - COLLYER DRIVE
2 ANC. ,EXP.3/4"x9'7.5M
3 ANC. ,EXP.5/8"x8.'2.5M
1 ANC. ,EXP.JT.1"x10'10M
,I 2 ANC. ,EXP.JT.3/4"x9'7.5M
1 ANC. ,P.I. ,l"x7' 20M
1 ANC. ,P.I. ,JT.3/4"x7'15M
1 ANC. ,SIDEWALK ASSBLY.10'
6 BRKT. ,C/O.BRKT.FOR WD.ARM
11 BRKT.,C/O.& LGTNG.ARREST.
1 BRKT. ,EXTENSION
1 BRKT. ,TX.MNTG.OPEN DELTA
5 DWN. ,GUY ASSBLY.3/8"
4 DWN. ,GUY ASSBLY.5/16"
2 DWN. ,GUY ASSBLY.7/16"
1 DWN. ,GUY ASSBLY.7/32"
4 EXTENDED,RACK,SEC.3 SPOOL
1 EXT. ,RACK,SEC.3SPOOL
9 GUARD,GUY PLASTIC
! 1 GUARD,GUY STEEL
;j 29 HIGH VOLTAGE SIGN
8 POLE, STEPS
1 POLE,1/3JP WD 45-CLS
1 POLE,1/3JP WD 50'CL4
1 POLE,JP WD 30'CL6
4 POLE,JP WD 40'CL5
4 POLE,JP WD 45'CL5
1 POLE,JP WD 45'CL5
1 POLE,JP WD 50'CL5
1 POLE,JP WD 55'CL5
25 POLE,STEPS
1 POLE,WD WO 30'CL6
1 POLE,WD.WO.30'CL6
3 POLE,WD.WO.40'CL4
1 POLE,WD.WO.40'CL4
1 POLE,WD.WO.45'CL4
7 STUD,INS.STEEL ARM 18-2147
1 TRIANGULAR,KIT,IPH.9"
4 TRIANGULAR,KIT,3PH.9"
1 TRIANGULAR,KIT,3PH.9"
1 X-ARM. ,DBL.8'
2 X-ARM. ,HY.SGL.B'
1 X-ARM. ,SGL.8'
10 X-ARM. ,STEEL 4'
1 BUS,XF,IPH.TO 100KVA
5 BUS,XF,IPH.TO 15KVA
1 BUS,XF,IPH.TO 25KVA
j 1 BUS,XF,IPH.TO 37.5KVA
1 BUS,XF,3PH,C-D,TO 45KVA
60 CBL. ,AERIAL,QUAD.#1/OAL.
90 CBL. ,SER.02AL.TPX.600V
EXHIBIT "B" (Page 2)
MATERIAL INVENTORY - COLLYER DRIVE
80 CBL. ,TPX,#2AL.600V.
1960 CNDR. ,PRI.#2ACSR
3405 CNDR. ,PRI.#2ACSR
680 CNDR. ,PRI.#4ACSR
5 GRD. ,ASSBLY.GR-2
7 GRD.ASSBLY.GR-2
10 INS. ,PRI.PIN PT-8
6 INS. ,PRI.PIN TYPE PT-8
5 INS. ,PRI.POST TYPE PT-1
9 INS. ,PRI.POST TYPE PT-3
3 INS. ,PRI.SPOOL & CLEVIS PT-4
3 INS. ,SEC.PIN PT-2
2 INS. ,SEC.PIN PT-6
1 INS. ,SPOOL & CLEVIS PT-4
16 INS. ,SPOOL & CLEVIS PT-6
'I 28 INS. ,SUSP.9"
1 TRIANGULAR,KIT,IPH.9"
1 UNDERARM BUS 7'
2 RS. ,MLDG.0-SHAPE 2"/10'PVC
2 RS. ,MLDG.0-SHAPE 2"/30'PVC
3 S.S. ,ENCL.17"x30"
280 CBL. ,SER.0350AL.TPX.600V
3 RS. ,SEC.TERMINATOR
1 RS. ,TERM.XLP.SER.#350AL.
6 SPLICE MULTI-TAP #350AL.
'i 1 ATTACHMENT,SER.#1/OAL.QPL.
2 ATTACHMENT,SER.#1/OAL.TPX.
5 ATTACHMENT,SER.12AL.TPX.
1 ATTMT. SER.TPX #1/0
60 CBL. ,AERIAL,QUAD.11/OAL.
190 CBL. ,SER.TPX 01/OAL.
35 CBL.,SER.TPX #1/OAL.TPX.
343 CBL. ,SER.#2AL.TPX.600V
160 CBL. ,PRI.14/OAL.TPX
275 CBL. ,SER.#350AL.TPX.600V
260 CBL.,SER.#4/OAL.XLP 600V
340 CBL.,SER.#4/OAL.XLP 600V.
2 RS.,MLDG.0-SHAPE 2"/30'PVC
1 RS. ,MLDG.0-SHAPE 2"/5'PVC
1 RS. ,TERM.XLP.SER.#350AL.
1 RS.TERM.XLP.SER.#4/OAL.
1 SER,3-1/C-2AL.XLP,600V/100'
1 METER,IPH.2W,240V.CL.400
5 METER,IPH.3W,240V.CL.20
10 METER,IPH.3W,240V.CL.200
1 METER,3PH.4W,120V.CL.200
1 TX.CONV.I5KVA,I2KV,240/480
1 TX.CONV.I5KVA,12KV,240/480
1 TX.CONV.25KVA,12KV,240/480
3 TX.SP.I5KVA,12KV,120/240
1 TX.SP.I5KVA,12KV,120/240V
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EXHIBIT "B" (Page 3)
MATERIAL INVENTORY - COLLYER DRIVE
2 TX.SP.25KVA,12KV,120/240V
'I 1 TX.SP.37.5KVA,12KV,120/240
,i 6 C/O. ,BSH.MNTG.20A.PT-73B
2 C/O. ,BSH.MNTG.20A.PT-73B
tl 3 C/O. ,OP.-LK.15KV.50A.PT-22
3 FUSE,LIQUID FILLED PT-10A
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1 INS. ,STANDOFF ASSMBLY.
1 INS. ,STANDOFF ASSMBLY.
13 LIGHTNING ARRESTOR
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EXHIBIT "C°
Parc Gas and Electric Company
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BILL OF SALE
COPIES: REFERENCE:
[ I Buyer GM/WO NO.
'! [ 1 Division CDA NO.
12 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
,I sell, grant and convey, as is, to the CITY OF , a
i California municipal corporation, County,
California (City) , its successors and assigns, all of PG&E' s
right, title and interest in and to certain electric distribution
facilities (Facilities) , located within annexation area known as
Annexation No. in the location (s) shown
on the sketch attached hereto marked Exhibit "A" and as more
particularly 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 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 PACIFIC GAS & ELECTRIC COMPANY
BY: BY:
Vice President, General Services
i TITLE:
AND BY:
ATTEST: Secretary
City Clerk
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