HomeMy WebLinkAboutReso 91-460 - Approve purchase & sale agreement No. CDA 12962 between PG&E Co and COR covering electric Dist Fac of PG&E Co within Area known as "Clear Creek Rd Area Annexation No 89-3 RESOLUTION NO. �l �r-'0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING PURCHASE AND SALE AGREEMENT NO. CDA 12962
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 "CLEAR CREEK ROAD AREA
ANNEXATION NO. 89-3," AND AUTHORIZING THE MAYOR TO SIGN
ALL NECESSARY DOCUMENTATION.
WHEREAS, on June 19 , 1990, by Resolution No. 90-309 , the
City of Redding completed the process of annexing the unincorpo-
rated area known as "Clear Creek Road Area Annexation No. 89-3
and
WHEREAS, said annexation was certified by the Executive
Officer of the Shasta County Local Agency Formation Commission on
July 3 , 1990 ; and
WHEREAS, Pacific Gas and Electric (PGandE) serves
electricity to 0 domestic and 6 commercial 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;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of
the City of Redding as follows:
1. That the City Council of the City of Redding hereby
approves Purchase and Sale Agreement No. CDA 12962 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.
2. That 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
0
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O
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 5th day of November , 1991 , and was
duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Arness, Buffum, Fulton, Moss & Dahl
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
MICE DAHL, Mayor
City of Redding
ATTEST:
Com' (.�/;
. ,
ETHEL A. NICHOLS, City Clerk
FO PROVED:
RAADALL A. HAYS, City Attorney
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Pacific Gas and Electric Cort •
PURCHASE AND SALE AGREEMENT COPIES:
[ ] Buyer
[ ] Region
[ ] Service Planning -RPJ
REFERENCE:
GM/WO NO. 4819645
_ - CDA NO. 12962
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. � -309, annexed an unincorporated area
known as "Clear Creek, Annexation No. 89-311 . The annexation
was certified on July 3 , 1990 by the Executive Officer of the
Shasta County Local Agency Formation Commission;
PG&E serves electricity to 0 domestic and 6 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, 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.
3 . City shall pay to PG&E as the purchase price for the
inventoried Facilities, as of August 9, 1991, the sum of
$39, 215 (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 costl&f $2,739, including
Contributions-In-Aid-of-Construction (CIACltax, for a
total amount of $41,954 . 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 August 9, 1991 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 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
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,
City shall assume all public utility obligations of PG&E to
provide electric service to the 6 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.
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
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 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 Seq. ; the Code of Federal Regulations,
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Title 40 Parah 761 et sea. ; the Calif�ia Health and
Safety Code, Section 25100 et sea. and the alifornia
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.
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.
13 . This agreement can be modified only in writing signed by
both parties.
14. This agreement and interpretation of the terms hereof shall
be governed in all respects by the laws of State of
California.
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
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actions, know unknown, including all uries, deaths
and property d age arising out of or in 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.
Dated: , 1991.
ACCEPTANCE:
PACIFIC GAS & E ECTRIC COMPANY
BY: BY: n�---
Vice Presi nt, -neral Services
TITLE:
AND BY•
• A sistant S cretary
ATTEST: BRIA l L. 11\c1Uh'TH
City Clerk
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LIST OF MATERIALS
EXHIBIT "B"
1 ANC. ,EXP. 1"x10 'RD. 10M
1 ANC. ,EXP. 3/4"x9 'RD.7. 5M
1 ANC. ,EXP. 3/4"x9 'RD.7 . 5M
1 ANC. ,EXP. 3/4"x9 'RD.7.5M
2 BRKT. ,C/O.FORWD.XARM.
1 BRKT. ,EXT.LINK 14"
1 BRKT. ,POLE TOP CODE 18-1171
1 BRKT. ,POLE TOP CODE 18-1171
1 BRKT. ,RS.TRI-MT.TERM.
2 BRKT. ,VERTICAL PIN INS.9"
2 GUY,DWN.3/8"GALV.
1 GUY,DWN.7/16"GALV.
1 GUY,DWN.7/16"GALV.
1 GUY,DWN.7/16"GALV.
1 GUY,GUARD PLASTIC
1 GUY,GUARD PLASTIC
1 GUY,GUARD STEEL
1 GUY,GUARD STEEL
1 HEADGUY,5/16"GALV.STEEL
2 PIN, INS.STEEL CODE 18-1245
1 POLE,JT.WD. 1/3INT. 40'
1 POLE,JT.WD. 1/3INT.40'
1 POLE,JT.WD. 1/3INT.45'
1 POLE,JT.WD.40'
1 POLE,JT.WD.45 '
1 POLE,JT.WD.45'
1 POLE,WD.WO. 35 '
2 SIGN,HV PLASTIC
2 SIGN,HV PLASTIC
1 SIGN,HV PLASTIC
1 STEPS,JT.POLE 45 '
1 XARM. ,DBL.WD.8 '
2 XARM. ,HEAVY,SGL.8 '
1 XARM. ,STEEL 4 '
76 CBL. ,AER.TPX #1/OAL.
155 CBL. ,SEC.AER.TPX. 1/OAL.
114 CNDR. ,PRI. #2ACSR 7/1
128 CNDR. ,PRI. #2ACSR 7/1
442 CNDR. ,PRI. #2ACSR 7/1
429 CNDR. ,PRI. #2ACSR 7/1
3 C/O. ,OP.LINK, I5KV. 100A.PT24
3 FUSE,OPEN LINK 30A.
1 GRD. ,ASSBLY.GR1
3 INS. ,AER.CBL.DE.
1 INS. ,AER.CBL.DE.
3 INS. ,AER.CBL.DE.
1 INS. ,AER.CBL.DE.
3 INS. ,PIN TYPE PT-8
6 INS. ,PIN TYPE PT-8
LIST OF MATERIALS
EXHIBIT "B"
3 INS. ,POST CLAMP TOP PT-1
1 INS. ,SEC.PIN PT-8 _
1 INS. ,SEC.PIN PT-8
1 INS. ,SPOOL & CLEVIS PT-6
1 FIBERGL. ,ENCL.241lx36"BOX
1 RISER,MLDG.U-SHAPE3"/30'PVC
3 ARRESTOR,LIGHTNING 10KV
225 CBL. ,XLP-CONC, 22KV. 1/OAL.
3 RISER,TERM. 22KV.200A.
3 SPLICE,STR. 350 T01/OAL.
3 SPLICE,STR.700 TO 4/OAL.
3 TERM. ,ELBOW RECEP.
83 CBL. ,SER.QPX. #1/OAL.
98 CBL. ,SER.TPX 1/OAL
115 CBL. ,SER.TPX. #1/OAL.
300 CBL. ,SER. 1/C-1/OAL. 600V.XLP
900 CBL. ,SER. 1/C-4/OAL. 600V.XLP
330 CBL. ,SER. 1/C-700AL.XLP, 600V
24 CBL. ,TO SPADE,CONN.700MCM
6 CBL. ,TO SPADE,CONN.700MCM
175 CNDR. ,SER. #1/OAL.XLP 600V
35 CNDR. ,SER. #350AL.XLP 600V
525 CNDR. ,SER. #4/OAL.XLP 600V
105 CNDR. ,SER. #700AL.XLP 600V
40 CNDT. ,DB.PVC 4"
1 MLDG. ,RS.EXT. 3"PVC. 5 'LG.
1 RISER,MLDG.U-SHAPE3"/30 'PVC
1 RS. ,MLDG.0-SHAPE 311/301PVC
1 METER, IPH. 3W. 240V.CL400
1 METER, 3W. 3PH. 480V.CL20
1 METER, 3W. 3PH.480V.CL20
1 METER, 3W. 3PH.480V.CL20
1 METER, 3W. 3PH.480V.CL20
1 METER,DEMAND 4W.240V
1 METER,DEMAND 4W. 240V
1 LUM. ,HPSV 70W
1 ST.LGT.SUSP.BRKT. 30"
1 TX. 3PH.PM12-480/277,750KVA
1 TX. 1PH. 12KV-120/240V. 10KVA
PAGE 2
EXHIBIT "C"
GM/WO NO.
CDA NO.
CPUC DECISION NO.
BILL OF SALE
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 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
ACCEPTANCE:
PACIFIC GAS & ELECTRIC COMPANY
BY• BY:
.Vice President, General Services
TITLE• AND BY:
Secretary
ATTEST•
City Clerk