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HomeMy WebLinkAboutReso. 78-067 - Accepting a Permit for Use of Reclamation Land from the United States of America, and Authorizing the Mayor to Execute Said Acceptance for and in Behalf of the City RESOLUTION NO. -1?- , 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING ' ACCEPTING A PERMIT FOR USE OF RECLAMATION LAND FROM THE UNITED STATES OF AMERICA, AND AUTHORIZING THE MAYOR TO EXECUTE SAID ACCEPTANCE FOR AND IN BEHALF OF THE CITY . WHEREAS, the United States of America , acting by and through its Bureau of Reclamation, Department of Interior , has executed a Permit to the City of Redding to use a portion of cer- tain United States land acquired for the Bureau ' s 230-kV electric transmission line and needed by the City for the construction , operation , and maintenance of a 115-kV electric transmission line to serve the City from the Bureau' s Keswick facility , and WHEREAS , the Director of the Electric Department and the City Attorney have reviewed the Permit, copy of which is attached hereto and incorporated herein by reference , and it is their joint recommendation that said Permit be accepted , and WHEREAS , the City Council has reviewed said Permit and believes it to be in the best interests of the City of Redding and its citizens to accept same , NOW, THEREFORE , BE IT RESOLVED by the City Council of the City of Redding that the aforesaid Permit executed by the United States of America to the City of Redding for use of reclamation land is accepted by the City Council of the City of Redding, and the Mayor is authorized to execute said acceptance for and in behalf of the City of Redding. 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 May , 1978 , and was duly adopted at said meeting by the following vote : AYES : COUNCILMEN : Fulton, Gard, Kirkpatrick, Pugh, and Demsher NOES : COUNCILMEN: None ABSENT: COUNCILMEN : None ATTEST: DONALD M. DEMSHER 7 f L / Mayor of the City of Redding MILDRED L. ' BRAYTON; Ciy Clerk FORM APPROVED: <: MURPHY, Ci yi torney Contract No. 8-07-20-L0680 UNITED STATES • DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION Central Valley Project, California PERMIT TO CITY OF REDDING FOR USE OF RECLAMATION LAND THIS PERMIT, given this day of 19 , in pursuance of the Act of June 17, 1902 (32 Stat. 388) and acts amendatory thereof or supplementary thereto by THE UNITED STATES OF AMERICA, acting by and through its Bureau of Reclamation, Depart- ment of the Interior, herein styled the "United States," represented by the officer executing this permit to the CITY OF REDDING, California, a municipal corporation hereinafter styled the "City" acting by and through its City Council. WITNESSETH, THAT: WHEREAS, the United States has acquired certain land for the purpose of construction, operation and maintenance of its 230-kV electric transmission lines; and, WHEREAS, the City has requested use of a portion of said land for the construction, operation and maintenance of a 115-kV electric transmission line to serve the City; and, WHEREAS, the United States has determined that the use of said land is, at this time, not incompatible with the purpose for which the land was acquired and is being administered by the United States. • NOW, THEREFORE, the United States does, through the officer signing this permit, give to the City the privilege to enter upon, construct, operate and maintain a 115-kV electric transmission line in, on, along and across United States land in the vicinity of the south half of Section 21, Township 32 North, Range 5 West, M.D.M. , Shasta County, as shown on the attached map No. D-4 42LS36 entitled, "Record of Survey for The City of Redding," dated December 1977 and marked Exhibit "A" attached hereto and made a part hereof, subject to the terms and conditions which follow: 1. This permit is personal, revocable, and nontransferable and shall become effective on the date hereinabove written and unless otherwise sooner terminated, shall continue so long as in the opinion of the United States it is considered to be expedient and not detrimental to the public interest. PROVIDED: That in no event shall this permit extend past thirty (30) years from date of issuance. It may be revoked upon 30 days' notice to the City: a. If City' s facilities interfere with existing or proposed facilities of the United States, or b. If the land involved is needed for Reclamation • purposes, or • c. In the event the United States disposes of its interest in said land, or 2 . . . • -- • _ i d. Upon failure of City to comply with any other terms or conditions hereof. 2. The permit herein granted is subject to existing rights- of-way in favor of the public or third parties for highways, roads, railroads, telegraph, telephone and electric transmission lines, canals, laterals, ditches, flumes, siphons, and pipelines, on, over and across said land. 3. In City' s exercise of such privileges as may herein be consented to, City shall: a. Conduct all excavation, cut, fill and grading operations in strict conformance with plans approved in writing in advance by the Contracting Officer or his duly authorized representative, to maintain original ground elevation in a manner which will not interfere with or endanger any structures, appurtenant facilities or prevent or impede access within the rights-of-way of the United States. b. Ground all metal facilities placed in the right- of-way of the United States in accordance with plans approved in advance by the United States. 3:, . I-- 7 Conductors for grounding shall be constructed of steel reinforced aluminum, "Copper Weld," or equivalent to minimize theft and vandalism of such conductors. c. Not allow storage of construction equipment or material on United States land. d. At the discretion of the officer executing this permit or his duly authorized representative, restore the land to the same condition as when originally occupied as nearly as practicable and at no expense to the United States, if the facility is removed or abandoned for any reason. e. Comply with all provisions hereof and failure to do so will be sufficient cause for the United States, at its discretion, to revoke this permit as hereinafter provided. 4. Said construction, operation and maintenance shall be done in conformance with acceptable engineering standards, Federal and State rules and regulations, including but not limited to, General • Order No. 95, State of California, Public Utilities Commission, as well as the High-Voltage Electrical Orders of Article 86 entitled, _ 4 - • "Provisions for Preventing Accidents Due to Proximity to Overhead Lines" published by the State of California, Division of Industrial Safety. 5. If the United States determines that City has failed to construct, use and maintain the facilities in accordance with the terms and conditions set forth herein, notice shall be given to the City of the deficiencies. City shall have 90 days in which to correct the deficiencies to the satisfaction of the United States. If City fails to do so, the United States, at its option, may correct said deficiencies and City agrees to reimburse the United States for all costs and expenses incurred in connection therewith. 6. The United States, its officers, employees, agents, successors and assigns shall not be liable for inconvenience, loss of use or damage to City' s facilities caused by or resulting from the construction, reconstruction, operation or protection of facilities of the United States or its assigns. 7. In the case of an emergency the United States and/or its assigns may enter upon, repair, reconstruct, operate and maintain • its transmission line facilities without first giving notice but • with no liability therefore. Further, City agrees to and will • reimburse the United States and/or its assigns for any additional • -5 • = _ • • • costs incurred by it, if said repair, reconstruction, operation and maintenance is made more expensive because of the facilities of the City thereon, whether performed under emergency conditions or as provided in Article 5. 8. The City hereby agrees to indemnify and hold harmless the United States, its agents and employees, from any loss or damage and from any liability on account of personal injury, death, or property damage, or claims for personal injury, death, or property damage of any nature whatsoever and by whomsoever made arising out of the City' s activities under this agreement. 9. Damage to United States property resulting from City' s exercise of the privileges conferred by this permit shall be corrected promptly at City' s expense to the satisfaction of the Project Superintendent, Shasta Office (CVP) , Bureau of Reclamation, Redding, California, or his successors or assigns. 10. No member or delegate to Congress or Resident Commissioner i i . shall be admitted to any share or part of this permit or to any benefit that may arise herefrom, but this restriction shall not be construed to extend to this permit if given to a corporation or • company for its general benefit. j 6 411 --= . _ 11. The. City warrants that no person or agency has been employed or retained to solicit or secure this permit upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee excepting bona fide employees or bona fide established commercial agencies maintained by the City for the purpose of securing business. For breach or violation of this warranty, the United States shall have the right to annul this permit without liability or in its discretion to require City to pay full amount of such commission, percentage, brokerage, or contingent fee to the United States. 12. The attached statement marked Exhibit "B" entitled Reclamation Land-Use Stipulation, is by reference incorporated herein and made a part hereof. 7 = - . : 13. The attached statement marked Exhibit "C" entitled Environmental Requirements is by reference incorporated herein and made a part hereof. IN WITNESS WHEREOF, this permit is given as of the day first above written. THE UNITED STATES OF AMERICA By Regional Director Mid-Pacific Region Bureau of Reclamation ACCEPTED: CITY OF REDDING By Mayor By City Clerk 8 . .