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Home My WebLink AboutReso. 1989-058 - Approving the purchase and sale agreement cda no. 12826r� I �� , , � � � . I I� �� I !�! ' �, � RESOLUTION NO. � �'" �D � i I � A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING � � APPROVING THE PURCHASE AND SALE AGREEMENT, CDA NO. 12826R, � BETWEFN 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 THE "HAWLEY ROAD AREA, ANNEXATION N0. 80-14 , " I � AND AUTHORIZING THE MAYOR TO SIGN ALL NECESSARY ` DOCUMENTATION. I ! � I i WHEREAS, on February 2 , 1981 , by Resolution No. 81-65 , the j � City of Redding annexed the unincorporated area known as the i � "Hawle Road Area Annexation Na. 80-14" • and i y � � i ` WHEREAS , the Shasta County B�ard of Supervisors ordered the reorganization under Resolution No. 81-204; and I WHEREAS , said Annexation was approved by the Shasta County + Local Agency Formation Commission on July 22 , 1981 ; and � WHEREAS , Pacific Gas and Electric (PGandE) serves j� electricity to 51 customers within the annexed area; and ,, WHEREAS, PGandE is willing to sell its electric distribution �" facilities within the anne�ed area to the City of Redding; � NOW, THFREFORE, IT IS HEREBY RESOLVED by the CitV Council of_ ii� the City of Redding as follows: i I 1 . That the City Council qf the City of. Redding hereby i�l approves the Purchase and Sale Agreement, CDA No. 12826R, between ! PGandE and the Cit�� of Redding, a true copy of which is attached � hereto and inrorporated 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 I i i � and all necessary documentation in connection therewith on behalf I � of the City of Redding, and the City Clerk is hereby authorized I � � , r , i �? , � t�� 1 i M .,\f � {,� I�, � � ` , � � � � � , �I ' � I � � I I � and directed to attest the signature of the Mayor and to impress ithe official seal of the City of Redding on the aforesaid , documents, when appropriate. I 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 21St da� of February� 1989 , and was duly I ; adopted at said meeting by the following vote: � r AYES : COUNCIT� MFM�3ERS: Carter, Ful ton, & Johannessen NOES : COUNCIL MEMBERS : None ' ABSENT: COUNCIL MEMBERS : Buffum, Dahl � � ABSTAIN: COt1NCIL MEMBERS : None i ,,>> I �' /`'�, �,�,,� _ ` ��! _,��__ � � �� ,�-��_:�� 1 � �,�� ,,�,� � K. M.AURICE��JOFiANNFSSEN, Mayor , City��rof Redding � 1 1 C� � E�� , ; . ; � � � � ;,, ATTEST: ! �� C�, �.�%��'� ! ETHFL A. NICHOLS, City Clerk i O . PROVED: I �� , DALL A. HAYS , City Attorney � i -�o I�� I , , � ' ' � . , DISTRIBUTION REFERENCE i� Buyer WO N0. 1158956 ; Region CDA N0. 12826R j Marketing & Customer Services - KNA � � 1, � I PURCHASE AND SALE AGREEMENT I �; ,� THIS AGREEMENT is made between PACIFIC GAS AND ELECTRIC COMPANY, a ' I' � California corporation (PG&E) , and CITY OF REDDING, a California municipal I. corporation, Shasta County, California (City) . { i � RECITALS: � � Shasta County, California, a political subdivision of the State of I � � � California, by Resolution No. 81-204, annexed an unincorporated area known as � "Hawley Road, Annexation No. 80-14" to City. The annexation was certified on �' � I � July 22, 1981 by the Executive Officer of the Shasta County Local Agency � ,i i '; Formation Commission. + � { �' i �' PG&E serves electricity to 51 customers within the annexed area. �� i� � i� � �, The City desired to extend its electrical distribution service � " � '� territory to include the annexed area. l ,� ,; PG&E is willing to sell its electric distribution facilities within , �; � the annexed area to City. � �I' j � , NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: j. ,,�, { ' I 1. PG&E shall sell to City and City shall purchase from PG&E, f i � � PG&E's electric distribution facilities (Facilities) , located in the annexed j , I �' area. The location of the Facilities are shown on the map attached hereto and i� �� -1- , i 1 ,�� ; , , . � � i � � jj 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 I f �� a part hereof. � .� �. � +. ' li �. 2. The Facilities are to be sold as is. PG&E does not warrant the � �, i �� condition of the Facilities. PG&E also does not warrant that adequate land i 'i � ;� 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 � I � assign in whole or in part private grants of rights of rray and easements for the � ;; � r �, Facilities concurrently with the delivery of the Bill of Sale deeds for the . � Facilities described in Sections 5 and 6 hereof. � � �� r ., � . � �� J 3. City shall pay to PG&E as the purchase price for the inventoried { I � � Facilities, as of November 18, 1988, the sum of $89,068 (excluding any sales ' I '� tax legally due) which is the value of the Facilities, including 15 percent for + I � � value as a going concern. In addition, City shall pay to PG&E its severance r �� costs of $7,127, including Contribution-In-Aid-To-Construction (CIAC) tax, for , , ' � ; a total amount of $96,195. Further, City shall pay to PG&E (1) the net value, � as determined in accordance with PG&E's standard accounting practice, of any . . . � �I additions to and retirements from the Facilities that may be made by PG&E � �� subsequent to November 18, 1988, and prior to the conveyance of the Facilities !� j; ! j;: to City, and (2) 15 percent of such net value and (3) any severance costs that i � , �� 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 ' �� I� in Sections 5 and 6 concurrently with the payment by City of the purchase price. � �; E �� I t !� I � j 'I -2 , � F � q _ � . I' � � � � � � � ' I , � f 4. The current ad valorem taxes for the tax year in which the � j� Facilities and any additions and betterments are conveyed shall be prorated as 0 7 of the date of conveyance. City shall pay to PG&E on demand such part thereof j as is attributable to the portion of the tax year from and after delivery of the 1 '� i deed of conveyance hereunder. PG&E shall supply City with a retention of the � i tax bill received from the County of Shasta and any supporting documentation � supplied by the State Board of Equalization. � I � ` 5. PG&E shall execute and deliver to City a Bill of Sale (a copy of � I� G. �j which is attached as Exhibit "C") conveying Facilities to City within the time 1 �; set by order of the California Public Utilities Commission (Commission) , ; a i �I authorizing this agreement. � i r I � i j, 6. The facilities sold are presently subject to the lien of PG&E's f t IFirst 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. � � � � � { A 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 51 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. , �I. P�� j u 8. City acknowledges that some of the Facilities sold under this 1 ! , � I; agreement may contain polychlorinated biphenyls (PCBs) , a hazardous material . �; p� City warrants that any and all of such Facilities that may contain PCBs are ; �IiI � � u being purchased for its own use, and not for resale. City warrants that, in the } ii � 'i' ' �� event that it ever sells such Facilities, it will disclose, in writing, to all � � �. �i -3- � . ,� ; , 'i ' � � �� i . � � j � I � potential buyers, that such Facilities may contain PCBs. City shall obtain and i, ` I� co�nply 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 1 �� federal , state and local laws, standards, rules and ordinances, including, but � ' not limited to: 15 USC, Section 2601 et se • the Code of Federal Re ulations I � _ �� 9 � ,� � �' Title 40 Paragraph 761 et s�ce ; the California Health and Safety Code, Section ! �" 25100 et se�c and the California Administration Code Title 22, Section 66100 et ' I� ' seg. Buyer is aware that Environmental Protection Agency or other public agency ' i'; , regulation may require the removal , replacement and/or relocation of this � Iequipment at certain times. � � � i ;; � � � �i 9. From the date of conveyance forward, City shall assume all ; ,� '� responsibilities of the Facilities and City shall indemnify PG&E, its � '� i I� officers, agents and employees, against loss, damage, expense and liability I ' f �� resulting from injury to or death of person, including, but not limited to, { � '�� employees of PG&E or City, or injury or property, including, but not limited � li �i to, property of PG&E or City, arising out of or in any �ray 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 H � �. �� 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 � �i � reasonable attorney's fees. City further agrees that any loss, damage, expense !I� and liability that arises out of or is in any way connected with the Facilities � u� � ,, that may contain PCBs will be assumed by the City from date of conveyance . �;. i �i forward and is expressly within scope of this indemnity. � (t I� V�; � '� -4- � � i � �' � • � � �* � l . k ;.� �� N' 10. Any action by City arising out of or in any way connected with the � r �. sale contemplated by this agreement, whether sounding in tort, contract, strict � f �i liability or otherwise, must be commenced within two years after the cause of I , � action therefore has accrued. � ' i ;' �' !I' ' i'�� 11. This writing is intended by the parties hereto as the final and �. � � �' complete expression of their agreement concerning the sale of the Facilities � I I! � '�� described herein and there are no warranties, terms or conditions not otherwise i ,, stated herein. � I� � ' 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 � '� i � or warranty made by an agent, employee or repr�sentative is specifically � included within this agreement, it has not formed a part of the basis of this I � bargain and shall not in any way be binding on PG&E or otherwise enforceable. ! I'� C B' � u � p�; 13. This agreement can be modified only by a writing signed by both j "I� � � parties. � { � � � 14. This agreement and interpretation of the terms hereof shall be I %I� governed in all respects by the laws of State of California. � , , ,; � �� 15. For and in consideration of the receipt of the Facilities, City � �I� , � 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, � � � I °I ' deaths and property damage arising out of or in any way connected with the S k�'�� `f „ , � -5 . � i _ � - I� � � • i ' I �� ; hazardous properties of the PCBs which may be contained in the Facilities that , i � o�cur after the date of conveyance of the Facilities. } �' ; � . �'I ''i� 16. Th�s agreement shall not become effective until the Commission ' � ; shall , by its order, authorize PG&E to carry out its terms and conditions. � �. i �U ? � Dated: , 19�. I � � � 1�� ; I! I CITY OF REDDING PACZFIC GAS AND ELECT C COMPANY � , i � � r i i � BY: BY: f � Vice Presi ent Gene 1 Services { I I � I � 1 , T3TLE: AND BY: ` � i �; �.;; ..�.:t:S cretary � �� ATTEST: I i t �� City Clerk � �� C : � , I i� � I; 1 �;� 1 u: ' �; FO �l! �4PPROVEi� �!� �', � C17Y LEGAL DEPT. � �I , �' , , � f � j �� I� l �i'' ,�; � � -6 ,I i � i , . , � � 4 � I • � i��' MI 4I� i'' �I ��,� Y1' f ^ ` _ 2 � � - 54ie2L 1 of '� ��-I�. i y��'� `.�% � 7d-1$O-IG i� '�� ' � - �_�' _ I W` i. 1�i � ' r �H � ; /d/CL US/VE LlODeESS .� �I �, _ l.: i F--- SeEET •✓�ME: OOD: EyE.V" I I � C4.V64�.20<10 70/-999 OUTOFlJ.uf/EX i ",; i F ..` I GOLLEGE✓/EW D¢/YE /M/-/21/ /D50-PSDO NJO/-tG99 , �I I ... I�u � /JAWLE4�,@YJO 75-t99 7/-196� - �`'"`�.`,;: M I , LEA.14 ,2Q40 eoi-i� eeaiaqe '�'- ;�_.: I otD O¢E4Gu�T.��G a/T O� IG0�396 .- <a/.(/EX .QOZ'6L0 ��-.�-`: �� . - . . =.,��'��'� . � PLt/M [n,Ve /-99 O-/oO. � . - � . ., �;'. 20SE L4�t/E �-9�! 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EONI►M[NT ...-- -.•••-----•---'-.....__..--^-----• ----• -----�.�..�».'»-------_-_.--DIVNION ,I REASON FOR iELL HGtIN6 gOU1rMENT: ��Tt..w____-----_- - 1�__.__. i� � r ! � �:1 1 '� DETAILED INVENTORY j ryl 2U4 8 ANCHOR EXF lOM �04 3 POLE �OINT i�OD 34FT I � 204 1 ANCHOF Ei(P 5M 20� 13 POLE JO1NT I�OD 35FT � ,) 2114 1 ANCHOR JOINT EXP lOM 204 25 POLE JOINT YDOD �OFT j; 204 2 ANCHOF JD1NT PISA IOM 204 1� POLE JOJNT I�OD �SFT 104 8 ANCHOR JOINT PISp 15M 204 1 POLE JOINT YOOD 15JT ' " 204 3 ANCHOR JOINT PISA 20M 204 1 PDLE JOJNT YDOD 50FT � I 201 1 ANCHOR �OINT PISA 25M 204 8 POLE STEPS/ PER POLE 204 4 ANCHUR PISA lOM 204 3 POIE MOOD 34FT � 204 �4 ANCHOR PISA 15M 204 11 RACK EllT 3SPOOL PT1 � '�� 204 1 ANi:NDk PISA 20M 204 2 STEEL STU6 '; 2u4 1 ANCHDR PISA 25M 204 18 STUI STEEI ARM � �. 264 2 BRACKET CU10UT MT6 204 43 STUD STEEL ARM j 2U4 13 BRACkET ExT 14' 204 1 STUD STEEL ARM (NOOD) � 2i�4 1 BRACI:ET POtf TOP 204 14 STUD STEEL BRKT � ; 204 23 BRACKET SPOOIdCLEVIS 20� � fl-ARM MOOD DOUBLE 5FT i ' 2U4 1 BFACK:ET Ttl0 T1( MT6 204 2 I-AF71 MOGD DOl16LE 8FT 2U4 2b CkOSSARM STEEL 4fT 204 Y J!-f�tM MOOC SIN6LE SFT �'� 204 � 6UY DDiiN lOM 204 8 ll-ARM MODD SIN6LE BFT I� 2U4 1 6UY DOMN 2.5M 1G4 12 6UV DOMN 5M 205 29 A55EMBLY 6ROUND 104 21 6UY DOMN 1.SM 205 105 CONDUCTOR 1/OAL TPX 204 30 6UV 6AUFD PLASTIC 205 175 CONIUCTOk �/4Al 6AC 24� 1 6UY 6AURD STEEL 205 109 CDhDUCTOR 4/4AL TAC � '� 2U4 1 6UY SIDEMALK 205 1194 CONDUCTDR BARE i6CU � 2U6 1 6UY SPAN 5M 205 5�0 COMDUCTOR MP #6CU !, 2U4 d1 HI6H VOLT SI6N PL 205 1101 CDNDUCTOR t2ACSR ! 2W 11 KIT TRI 1PH 9' ASSL� 205 591 CONDUCTOR i2Al TPX i ' 20� 9 K1T TRI 3PH 4' AS5L1' 205 14B43 CDRDUCTOR t1AC5R ; u 204 16 PIN INSUL lT STl PT1 205 2 CUTWT 15kV PT-25H ; � �� 204 9 PIN INSUL MOOD 205 3 IMSUL 5Pl 1 CLVS PT3 ' I ij itEMARKS: II ry � J, V II ArrAA�iED VA1tJE . . . . . . . . S................�„�„. AUTMORITY li MER[!Y a1V[N TO N[OOTIATt 'V fALESE � d� OF TM[ A60V[ Dt�CRI�[O RpY1rM[NT AT iT'S A�IRAISED VALI:E ^�. � ' A�rROVED _. ._.._..-.----------------^•----- ••----.-• -.^'-----..-_-- GtN. COMMUCIAL D[rT. AYTN. NO..---'-----..._.__.._ �, VICt•/IIV.—AAT[f ANp VALYATIOM Dwrt_..------•--------------__...10-------- ` I� ' ARRov[O . _ i� --.. .-•----••---.....----------•-------._...... ..------•... ..... ----�----------------------------- ---------•-•--•-.. _. . . ._ Y�cc.Mcs—�a�rnnc� �o��O►awno�n MwM�au.Corrcwei��Os►r. p. p-�» �� r tl II ��„ � � p�' �` � ; o � � ' I EXH BIT " " , I C � GM/WO N0. CDA N0. F�' � CPUC DECISION N0. r � � I � �� BILL OF SALE � �',; � ;I f ��' 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 I' �, I ,; , 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 I ! area known as , Annexation No. , in the location(s) shown on � � I ' the sketch attached hereto marked Exhibit "A" and as more particularly described _k � :, on the attached List of Materials marked Exhibit "B". The Facilities are used I. ;, to serve approximately electric customers within the City's corporate � i �limits. � � ` � �� ; i 4. This Bill of Sale is executed pursuant to authorization contained in ' the order of the California Public Utilities Commission in its Decision '' i 'I�, No. , dated , and is subject to all the , Ii �' terms and conditions of the Purchase and Sale Agreement between City and PG&E ti�, i� � i �; dated � r � ' h�.' �. � i„ I �I I�� ' (I 'L� U. 4';, -1- � ��I � �;i � � . . . . i . �� • • �� . I � ,; This Bill of Sale does not cover additions or betterments, if any, made 4 N to Facilities by PG&E after , and is limited to � � � the Facilities described in Exhibits "A" and "6". Additions and betterments, if � any, will be covered by a supplemental bill of sale to be delivered to City � ;i concurrently with the payment by City to PG&E of the price thereof. ; r �� i Dated: , 1988. �I� I! i I i j CITY OF PACIFIC GAS AND ELECTRIC COMPANY ; � � i i � I I ' BY: BY: � � Vice President General Services f �� N, � � TITLE: AND BY: � Secretary � i ATTEST: �� City Clerk � i � , � I; i H � � f�� ; ��i �; ( �' i � �� ,. � � � �' j . ,; k �. �� : ��, �� -2- � � ��