Loading...
HomeMy WebLinkAboutReso 74-1984 · RESOLUTION NO. 74-84 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH PG&E FOR UNDERGROUNDING ELECTRIC FACILITIES IN THE GATEWAY UNDERGROUND UTILITY DISTRICT NO. 1 \WHEREAS, The City Council desires to cooperate with Pacific Gas and Electric Company (PG&E) in achieving the undergrounding of overhead electrical distribution facilities in the Gateway Underground Utility District No. 1; and WHEREAS, PG&E has presented to the City Council an Agreement to accomplish said undergrounding entitled "Special Agreement Electric Facilities Electric Conversion (Assessment District) Rule 2OB", which Agreement is attached hereto as Exhibit "1". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that: (1) The Agreement entitled "Special Agreement Electric Facilities Electric Conversion (Assessment District) Rule 2OB", attached hereto as Exhibit "1" is hereby approved. (2) The City Manager is authorized to execute said Agreement on behalf of the City and the City Clerk attest his signature thereto. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a reqular meeting held on the 13th day of June , 1984, by the following vote: AYES: Councilmembers Mark N. Addieqo, Emanuele N. Damonte, Richard A. Haffey, Gus Nicolopulos; and Roberta Cerri Teglia NOES: None ABSENT: None City Clerk EXHIBIT "1" SPECIAL AGREEMENT ELECTRIC FACILITIES ELECTRIC CONVERSION (ASSESSMENT DISTRICT) RULE 20B THIS AGREEMENT is made by CITY OF SOUTH SAN FRANCICO, a California Municipal Corporation ("City"), and PACIFIC GAS AND ELECTRIC COMPANY, a California Corporation ("PGand E"). RECITALS: A. City, pursuant to the provisions of the Municipal Improvement Act of 1913, adopted Resolution of Intention No. 74-82 on July 7, 1982, which, as amended, provides for the formation of a special assessment district desig- nated The Gateway Assessment District No. ST-82-2 ("District"), to accomplish, among other things, the removal of existing overhead electric distribution facilities, and their replacement with underground electric distribution facilities. B. The electric facilities contemplated for construction and/or replacement within the District include the removal and replacement of existing overhead with underground electric distribution facilities ("Electric Facilities") within the District along the existing streets known as Industrial Way, Oyster Point Boulevard and Gateway Boulevard all of which Electric Facilities are shown on the sketch marked Exhibit "A" attached and made a part hereof. C. The overhead facilities to be removed and the Electric Facilities to be installed are to be constructed by PGand E. D. The ownership of the Electric Facilities shall vest in PGandE, -1- as authorized by the provisions of Sections 5896.9, 10109, lOllO and lOlll of the Streets and Highways Code of the State of California. . · NOW, THEREFORE-, IT IS MUTUALLY AGREED AS FOLLOWS' 1. City is 'to perform trenching, excavatin:gand backfill for'the electric facilities'and substructur~. ·City is to install, all substructures except for one (1) manhole and two (2) Primary splice boxes as shown on the attached Exhibit "A." · · 2. PGandE, upon fulfillment of City's obligations under Sections 1 and 3,. shall furnish and install the balance of the Electric Facilities as shown on Exhibit "Aj" in accordance with Section B of its Electric Rule No. 20 {"Electric Conversion Rule"), a copy of which is attached and made a part hereof. PGandE shall also remove the existing overhead electric facilities owned by PGandE in 'the District as shown on Exhibit 'A.' PGandE shall not be · required,.however, to discontinue overhead service to any customer until such 'customer shall have rearranged his electric facilities to'enable him to take :underground service. PGandE shall be excused from any delay in performing any of its obligations hereunder occasioned by the failure of any customer so to do. . " 3. City. shall pay PGandE, prior to thefurnishing by PGandE of any work or materials relating to the Portion 'of the Electric FaCilities described · in Section 2 hereof, the nonrefundable sum of $29,329 for the removal Of th~ existing overhead facilities and their replacement with underground facilities as provided in Section B of the Electric Conversion Rule, which sum represents the balance due on the City's $210,861 share of the total cost of undergrounding electrical facilities within the Gateway Underground Utility District No. 1." -2- PGandE shall remove sixteen (16) street lights {Street Lighting Facilities) within the Distr~ct as shown on Exhibit 5. This agreement does not-provide for the installation by. PGa'ndE of any underground conduits and/Or conductors extending t~rom the Electric Facilities to any existing or propo?,ed building withi~ tl~e District other than . as provided in the attached plans and specifications., llae obligations of both the property owners and PGandE under PGandE's Electric Parole Ilo, I6 'on file · ~ with the California Public Utilities Commission {Commission), relating to service installations;-are., not. included in .this agreement, 6. Any rearrangement, relocation, addition to or modification of the Electric F~cilities as shown on Exhibit 'A" after co~mnencement of construction, required for any reason other than the sole convenience of PGandE · shall be paid for on demand and in advance by City, 7. City Sh'all, upon the installation of the Electric Facilities, execute and deliver 'to PGandE a deed or deeds in the fo~ attached hereto as Exhibit "B" conveying the Electric Facilities. to PGa~ctE. .. .8. City shal. 1 make payments to PGandE hereun~r only from the proceeds of assessments levied' and bonds sold in the asst,'~sment d'[striCt ... proceedings.' There shall be no liability upon City to ma~e such payment from any other source of funds. PGandE shall not be obligatedt to proceerf hereunder.~. until sufficient funds have been made available and all i~.lnnents to be made to PGandE have been made. 9. All Electric Facilities installed hereunder shall be and remain the property of PGandE. -3- 10. PGandE shall, subject to all of the t6r~-ms and conditions hereof, operate and maintain the Electric Facilities and provide electric service in accordance with PGandE's applicable rates end rules established by PGandE, from time to. time, and on file with and authorized by the Commis-sion. 11. (a) PGandE shall not be responsible for any (Ielay - ! · construction of the Electric Facili~/ies resulting from' shortage ~f labor or materials, strikes, labor disturbance, war, riots, weather conditions', governmental rule, regulation or order, including orders or judgments' of any court or commission, delays in obtaining necessary rights of way, act of God or ahy cause or. conditions of like or unlike characteristic which is beyond the control of PGandE.' PGandE shall have the right, in the event it is unable · to obtain supplies, materials or labor for all of its constructio~m requirements, to allocate materials and labor to construction projects which, in its sole discretion, it deems most important to serve the needs of its customers, and delay in construction hereunder resulting . (rom such allocation .. shall be deemed a cause beyond PGandE's control. {b) In the event that City has not complete~ its oblig~ations as identified in Sections I and 3 of this agreement within twelve {12) months · following the date of this agreement, and PGandE is unable to proceed hereunder,' PGandE shall have the right to terminate and/~r supersede this agreement upon thirty {30) days' written notice to City am~(l to calculate and charge to City any refundable or nonrefundable amounts tIm~t may be due based on that portion of the distribution system then completed, utilizing the estimated costs developed by PGandE for this agreement. (City agrees to reimburse PGandE for such charges. The superseding agree~ent, ii= any, shall · be in the same form as this agre'ement, shall be executed by.both ~aFties · -4- h.ereto and shall provide that costs be allocated to the portion og the distribution system then Completed, if any, consistent with those,, costs estimated by PGandE for this agreement. (c) If this agreement is terminated as Set forth alm~ve, ~itY further agrees to reimburse PGandE for any engineering,, surveying, right of way acquisition and other associated expenses .incurred by PGandE.. If such reimbursable expenses are greater or less than.the excess ~)f the ~fun~able and/or n°nrefundable payments, City shall pay to PGandE.or PGandE shall refund, Without interest, to City, as the case may be. · 12. -City hereby grants to PGandE all necessary rights mi~ way and easements to install, operate, maintain, replace and remove the El~tric Facilities on property of City along the routes shown upon the attached plans and specifications, and City agrees to execute such other grants, ~leeds or documents as PGandE may require to enable it to record such rights ~)t~ way and easements. If any part of the Electric Facilities is to be installed on . . ._.property owned by' other than City, City shall, if PGandE is-unab}e to do.so without cost to it, first procure from the owners thereof in the m~l~e~of PGandE, all necessary permanent rights of way and easements .for tl~m . construction, operation, maintenance and replacement of the. Electric -. Facilities upon such property in a form satisfactory to PGandE an~ ~itbout cost to it. 13. This agreement shall not be assignable, by operati~m of law or otherwise, unless PGandE first consents thereto in writing and the assignee, in writing, assumes, and covenants to perform all of City's obligations hereunder. -5- 14. (al City shall indemnify PGandE, it~'-efficers, agent5 and employees, against all loss, damage expense and liability resulting injury to or death of person, inclu'ding, but not limited to, .employees of PGandE or City, or injury to property, including, but not limited to property- of PGandE or City,.~.arising out of or in any way connected with the performance of this agreement, excepting only such loss, damage, expense or liability as may' be caused by the sole negligence or willful misconduct of PGandE. (b) PGandE shall indemnify City,-its officers, agents and employees, against all loss, damage, expense and liability resulting from · injury to Or d~ath of person, including, but .not limited to,_employem$ of PGandE or City~, or injury to property, including but not limited to.~roperty of PGandE or City, arising out of or in any way connected with the performance of this agreement, excepting only such loss, damage, expense or liability as may be caused by the sole negligence or willful misconduct of City. -6- 15. This agreement shall, at all times, be subject to such changes or modifications by the Commission as the Commission may, from time to time, direct in the exercise of its jurisdiction. Dated this I~k day of ~TGb/k/ CITY OF SOUTH SAN FRANCISCO C. ~j)lt~r Bi!-k~lo -- tmype or Print Name) ,i iiTS! ,~. City Manager '/~, ' (title) ATTEST- PACIFIC GAS AND ELECTRIC COMPANY J. M. Stearns Manager, Commercial Department Mail ing Address- City Hall 400 Grand Avenue South San Francisco, CA 94080 Attachments Exhibit "A" Exhibit "B" Rule 20 -7- EXHIBIT "B" CONVEYANCE CITY OF SOUTH SAN FRANCISCO, a municipal corporation of the State of California, for good and valuable consideration, does hereby grant, bargain, sell and convey to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, free and clear of all liens and encumbrances, those certain electric distribution facilities, heretofore installed and constructed within the Gateway Assessment District No. ST-82-2 pursuant to proceedings conducted by the City of South San Francisco under Resolution of Intention No. 74-82, adopted July 7, 1982 and as subsequently amended in the approximate locations shown on the sketch attached hereto marked Exhibit "A" and composed of the materials more particularly described thereon. Dated: , ] 984. ATTEST: CITY OF SOUTH SAN FRANCISCO (SAMPLE - NOT TO BE SIGNED) City Clerk BY: (SAMPLE - NOT TO BE SIGNEE)) Mayor THIS EXHIBIT IS NOT TO BE SIGNED' , Pacific Oas and Electric Company San Francisco, California Revi~-.d Cal. P.U~C. Sheet ~o. 6915.E Canceli~g-Revir,~ Cal. P.U.C. Sheet, .~o.-622~.E RULE No. 20 - REPLACEMENT OF OVERHEAD WITH UNDERGROUND FACILITIES The Utility will, at its expense, replace Its existing overhead' electric facilities with undergromtd electric facilities along public streets and roads, and on public lands and private property which rights of way satisfactory to the Utility have been obtained by the OtJlity, provided that: 1. The governing body of the city or county In which such electric fwcllJti~ ~re ·ual will be Ioca~-d · . Determined, after consultation with the Utility and after holding public hearings on the sub]met, that such undergrounding tm in the general public, interest for one o~ more of the follow~ng (l) Such undergrounding will ·void or eliminatt~ an unusually be&wy concentration o~ over. head electric facilities; (2) The street or road or right-of-way f8 extex~si~¢ly used by the, gen~! public Lsd carri~ heavy volume o! pedestrian or vehicular ar·Irc; (3) The street or road or right-of-way adjoins or passes through a civic area or public recreation area or mx are· o! unusual scenic Interest to the general public. b. Adopted an ordinance creating an underground district in the area Bt. ~whJch both the extmtlmg mxd new facilities are and will bm located requiring, among other things, (1) that all overhead coumunicatlon ·nd electric distribution facilities tn such district shall be removed. (2) that each property served from such electric overhead facilities shall have Installed in accordance with the Utility's rules for underground service, all electrical facility changes on tbs premises necessary to receive service from the underground f·cllltie~ of the Utility ·s soon as it is available, and (3) authorizing the Utility to discontinue its overhead service. ~. The Ut~llty's total annual budgeted amount for undergrounding WithlB ~ny city or the unialeor- per·ted area of any county shall be allocated in th~ e~me ratio that the number of customers in such city or unincorporated are· bears to the'total system customers. The amounts mo allocated may be excaeded where the Utility establishes that additional part~cipatlolt on · project is war* ranted. Such allocated amounts may be carried over for · reasonable period of time tn commmnl- ties with active undergrounding programs. In order to qualify as a community with an active undergrounding program the governing body must have adopted an ordinance or ordinances c~t- lng an underground district ·nd/or districts a~ set forth in SectiOn ~.l.b. st this rule. there is · carry-over, the Utility has the right to met. as determined by its capability, reasonable limits on the rate of performance of the work to be financed by the funds carried over. ~en amounts ar~ not expended or carried over for the community to which they are initially they shall be azsigned when additional participation on a project is warranted or be real-locited to communities with active undergrounding program. 8. The underKroundln~ extends for · minimum dist&uco ot ozm block or 600 root, whichever hs the leMer. Advice Letter No. 694-E Deei,~ion No. I~ued by W. ]~. Gall·van · Vice-President--Rates and Valuation qcontinamml) · Date Filed October 11, 1978 Effective December 13, 1978 Resolution No. E-1804 79-211 Pacific 9a~ and Electric Company San Francisco, California · RevVed Cal. P.U.C. Sheet No. 6229-E Canceling Original Cal. P.U.C. Sheet Nm 4386-E RULE No. 20 REPLACEMENT OF OVERHEAD ~/ITH Ur~DERGROUND FACILITIES- . . (Con~nued) In circumstances other than those covered by A. above, the-Utility will replace its exletlnw overhead facilities with underground-electric facilities along public streets and roads or other locations mutu. ally a~reed upon when requested by an applicant or applicants when all of the following conditions are met: 1. L Ail property owners served from the overhead facilities to bo removed f~rst awree. In writing to have the wiring changes made on their premises so that service may be furnished from., the underground distribution system in accordance with the Utflfty's rules and that the Utility may discontinue its overhead service upon completion of the underground facilities, or b. Suitable legislation is in effect requiring such necessary' wlrlhg chan~e8 to be I~ade. and author- Izlng the utility to discontinue its overhead service. Z. T~e applicant has: · . Furnished and installed the pads and vaults for transformers and associated equipment, conduits, ducts, boxes, pole bases and performed other work related to structures and substructures In*. eluding breakinw of pavement, trenching, backfilling, and repaying required in connection with the installation of the under.round system, all in accordance with the Utllity's specifications, or, in .lieu thereof, paid the Utility to do so; and b. Transferred ownership of such facilities,, in ~ood condition, to the Utility; and e. Paid a nonrefundabls sum equal to the excess, if any, of the estimated costs, exclusive off transfermers, meters and ~ervlces, of completing the underground system and bulldfnf a laew. equivalent overhead system. S. The area to be under&rounded includes both sides of a street for at least one block or 600 feet, whichever is the lesser, and all existing overhead communication and electric distribution f~Llittes. 'within the area will bo removed. C. In circumstances other than those covered by A. or B. above, when mutually agreed upon by the Utility and an applicant, overhead electric facilities may be replaced with underKr°und electric facilities, provided the applicant requesting the chanKe pays, Jn advance, a nonrefundahle aura equal to the estimated cost of the underground facilities less the estimated net salvage value and deprecla. tlon of the replaced overhead facilities. Underground services will be installed and maintained a~ provided in the Utility's rules applicable thereto. D. The term "underground electric system" means an electric system with mil wires Installeel under- wround, except those wires In surface mounted equipment enclosures. Advise Letter No. 540-E Decisions Nos. 85497 & 85788 Issued by W, M, Oallavan ¥iee-President--Rates and Valuation Date l~iled June 3, 19 76 ~Effeetive July 3, 19 76 l~esolution No.