HomeMy WebLinkAboutOrdinance 1774 N.C.S. 11/06/1989~' X 4 ., ., t. IJ°~ p *~y
' C 5 19~~;
1 .ORDINANCE NO . 1774 N . C . S .
2 INTRODUCED BY COUNCILMAN SECONDED BY COUNCILMAN
3 Michael Davis John Balshaw
4 -~
5` AN ORDINANCE AUTHORIZING LEASE OF ALL STREET LIGHT
6 FACILITIES WITHIN THE CITY LIMITS OF PETALUMA, CALIFORNIA
7 ACQUIRED BY THE CITY OF PETALUMA FROM PACIFIC GAS AND
8 ELECTRIC COMPANY PURSUANT TO A STIPULATED JUDGEMENT
9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
10 FOLLOWS:
11 Section 1. All street light facilities within the City
12 limits of the City of Petaluma acquired by the City of
13 Petaluma from Pacific Gas and Electric Company pursuant to a
14 stipulated judgment during the current fiscal year are
15 hereby authorized to be leased under the terms and
16 conditions set forth in the agreements entitled "Facilities
17 Lease" and "Lease Agreement" attached hereto as Exhibit "A",
18 and available for review by the public at the office of the
19 City Clerk.
20 Section 2. The City Attorney or his deputy is hereby
21 authorized to execute the stipulation in the Superior Court
22 Eminent Domain Action (Case #177467) of City of Petaluma vs.
23 Pacific Gas and Electric, attached hereto as "Exhibit B".
24 Section 3. This ordinance, by unanimous vote of the
2.5 Councilmembers present, shall become effective immediately
26 as an urgency measure under Section 76A of the City Charter.
27 The Council finds and declares that the immediate
28 effectiveness of this ordinance is necessary for the
29 immediate preservation of the public peace and safety in
Ord. 1774 NCS
1 that the property to be leased is necessary to provide for
2 street lighting services, and the lease transactions must be
3 completed promptly in order to effectuate the financing in
4 accordance with City needs.
5 Section 4. The action of the City Clerk in posting a
6 copy of this ordinance on the bulletin board at the City
7 Hall for at least two days prior to the adoption hereof, by
8 unanimous vote of the Councilmembers present, is approved;
9 and the Council finds that such posting meets the
10 requirements of Section 45 of the City Charter.
11 Section 5. The City Clerk be, and she is hereby
12 directed to publish this ordinance for the period and in the
13 manner as required by the City Charter.
14 INTRODUCED, ADOPTED AND ORDERED posted/published this
15 6th day of November , 19 89 , by the following
16 vote:
17
18
AYES: Tencer, Woolsey, Balshaw, Davis, Vice Mayor Sobel, Mayor Hilligoss
NOES: 0
19 ABSENT : Cavanagh
20
21
22
23 ATTEST:
24
~~
25
26 City Clerk
Ord. 1774 NCS
POLE CONTACT AND OPERATING ,AGREEMENT
THIS AGREEMENT is entered into this ~~ day of
l~j, by and between PACIFIC GAS AND ELECTRIC COMPANY, a California
Corporation (PG&E), and the City of Petaluma, a public entity (City).
WHEREAS, PG&E owns, operates and maintains overhead electric
distribution faciliti°es within the geographic area of tfie City.
WHEREAS, City has recently acquired possession of certain street-
lights from PG&E within the geographic area of the City, a portion of
which are installed on PG&E's overhead electric distribution poles;
WHEREAS, City des"fires to enter into a general, agreement with PG&E
that will (1) allow hawing the existing streetlights remain on PG&E's
distribution :poles and (2) specify conditions .for future installa ion,
operation, maintenance, use or removal of streetlights; and
WHEREAS, PG&E is willing to ,permit City to have such pole contacts
under certain terms and conditions;
_D
- ~ -
NOW THEREFORE, in consideration of the•fo:reg.o:in;g, LPG&E and City
hereby agree to the •fo.llow•ing:
1. PG&E hereby gives City permission, .under the terms and conditions
herein stated., to contact'.,, replace, operate,.mainta•n, and use existing
lumina"ries, lamps, photocells, rapport arms and service wiring
faci~l i ti es, (here crafter E'q:uijpment) instal 1 ed • on pole • owned by PG&E or
jointly owned by. P~G&'E~ an'd~others. Such permission ~c:overs all, existing
lights in•.each jurisdic,ti`on•that are mounted. on PG&E:-owned poles based
on the•most current billing r,ecordS as of the date of this agreement.
2: FG&E" wiTT provide Contact Permiis in the form attached .and marked
Exhibit A to Gity for each of the locations i`nvo:lved in the acquisition,
and shall charge no pole contact fee for each electric distribution pole
covered under this e;ontact agreement unless `such a fee is permit ed in
the future under authori;zat~on by the Caa i fo`rn~ a ;Publ' c 'Utilities
Commission'.(CPUC). In the event that City abandons i'ts .Eminent Domain
action against PG&E, City agrees to reimburse PG&'E. for PG&E's expenses
. .
incurred as a result of this agreement. "
3. Arry contractor used 'by Gity to perform wo,r.k'on PG&E's di saribution
faci l iti~es.. stial l be one prev:iousl,y approved by' P-G&E as qual ifi~ed to
perform such ;work, and shall meet the insurance requirements outlined in
paragraph 19:` Upon request, PG&E will supply a list>of approved
contr.aetors to City.
-2-
,,, 4. City or its contractor shall not install.a,ny additional equipment on
PG&E' s pole without first securing PG&E's wri t't'en.. approva'1 as a Contact
Permit. Within thirty (30) days of recei'pt.of the application, PG&E
will grant or deny "the permit, and specify why the .action cannot be
taken. Upon receipt, of each such approved Contac-t P-ermit, City shall
- have the right of installing, operating, maintaining and using such
additional equipment on "the poles specified in such permit and under the
terms and conditions specified in this agreement, ,(thereafter included
as Equipment), which shall 6e"considered a part of each such permit
irrespective of whether this~agreement.be referred to in each such
Contact Permit.
5. All Equipment attachments made: by City or its ,contractor shall be in
accordance; with the .drawi:ng identified as Exh.bi`t B attached or as PG&E
may dirent based on d~e ign changes made.
6. If any .rearrangement of or addition to existing PG&E, electric
distribution facilities is required in order to permit use by City, PG&E
shall notify City of ~fhe nature and PG&E's estimated cost of such work.
City shall notify"PG&E by letter with purchase order number of City's
willingness to reimburse PG&E for the cost of such work. PG&E shall,
there.a.fter, compaete~the work within a reasona`bTe time and bill City.
In the event that City does not proceed w' th such -work, i t shal l
rei'mbur.s:e PG&E"its:°expense for the design of 'the requested work, if any.
-3-
'. 7. This agreemena may be ass°gned by~City gnly with,-the prior written
consent of FG&E a'nd Provided the assignee a9re'es.to the.. terms and.
conditions o'f this agreement. ~'
8. All work on City'SS~streetlights on PG&E's poles shall be performed
by City's personnel or con'tractor"operating from ladder trucks o.r bu;cket
' trucks.
". 9. City will specify service voltages to. be:,120 or 240 volts to ensure
-max~:mum energy efficiency. P~hotocel-1 s wi 11 'be ca~~l ibrated, at~ the..
- service. voltage., for a'n operating schedule of :4:.,100 hours per year. ~_
10. Connection or disconnection of City's service wires to PG&E's
secondary condo'ctors will ~be pe'r~formed by.PG&'E at City's expense based
on the flat cost tabae attaehed'as Exhibit C,. This table is subject to
change by PG&E annually. if, 'Ci`ty 6elie,ves the annual increase in flat
'~ ~ costs are not reasonable, it may req:ue5.t a breakdown of the, charges from
PG&E, and may pet;i'tio.n the: CPUG for review.
i
.11. City or i is cost"r. actor may remove :`ts Eq,u:°pmen't from:. any poles
hereunder upo~n~ gi v;n'g ten (10) days advance wri f ten notice' to PG&:E;
pro,vi ded;, ' however, that said rroti ce per od will; _be na'ppl i cabl e i n ~ case
. _ : ~.
of eme'rge's"cy.. Such notice shal 1 be given: by executi ng a Not ce of
Gont~act: Removal i n the: -form aatached ~ hereao ~as~ Exhibit D.,
_ ,<
_ 12. 'PG&E will supply electrical energy and service to streetlight
equipment owned by City in accordance~wi"th,its applicable tariff
schedules.
-4-
13. Abandonment of Equipmeht by City shall terminate all of its rights
and privileges, a:t that location, under this agreement. Abandonment
shall be presumed if Equipment is not used fo,r a three (3) month period
and unless City notifies PG&E of a temporary period of disuse of its
Equi°pment. In such instances., the Equipment will not be considered
abandoned until three months after the tempora"ry'disuse period has
lapsed. After the expiration of such period..., 'PGt~E~shall have the right
to remove and retain possession of the Equipment, provided that at least
ten (10) days prior to. such removal or posse si~on PG&E has mailed to
City written notice of its intention and City has neither responded nor
brought to use the Equipment. PG&E has the right`to collect from City
all expenses incurred for removal of such Equipment:
14. Ci-ty shall install and .maintain Equipment at its sole risk and
expense:, in a safe and workmanlike manner, in compliance with reasonable
safety regulations and work practices and with all applicable ,federal,
state and local laws, rules, and regulations. In no case shall City have
work performed above the.heigh'~ of the 120/240 volt secondary conductors
on PG&E's facilities.
15. PG&E .shall install and maintain its fact"ities at its sole risk and
expense., in.a safe and workmanlike manner, i'n compliance with reasonable
safety regul;a ions and work practices and with all applicable federal,
state and' 1`ocal T°aws, .rules and regulations.
-5-
16. Should PG&E find it necessary to. perform any work on (rearrange,
~, remove, replace~or reJocate).its distribution poles, on which City
maintains its Equipment, and such work is (a) at the request of local
governmental agencies, ('b) at, the request of ttie State of California
Department of Transportation (Cal-Trans), (c) "to repllace deteriorated
poles, (d) caused by an eme'rgen'cy (storm damage, accidents, etc.), or
(e) caused by the act:ions`of a third party or parties outside of PG&E's
control, City shall at its own expense rearrange its Equipment as
necessary, or remove, relocate, replace, or transfer its Equipment to
substitute poles, if available, as designated by PG&E. PG&E will give
City thirty (30) days written notice for such necessary work, except in
the case of an emer-gency. In the event that 'City "does not perform its
.work prior to PG&E's scfiedul::ed work, or in cases of emergency, PG&E may
at the expense of City perform such work or othe w assoc"ated work in
connection with the Equipment that may be 'required for the operating
needs of PG&E.
17 .a. Any and all liability for injury or death of any person
(includi'ng the general public, employee agent ,, re,pre`sentatives,
contractors and contractor's employees, agents:, representatives and sub-
contractors of the parties hereto) and for lo,ss.or destruction of or
damage to a'ny property (including ;property of the parties hereto)
arising out of o w in any way connected with the installation,
maintenance;,"u 'e, relocation, dismantling; abandonment, or removal of
any poles, towers.., fixtures or light standard or any attachments
thereto, or any failure of any party hereto to observe and perform any
obl.igati`ons:hereunder shall be borne by the parties hereto as follows:
-6-
(1) Any such liability for injury to or death of an employee,
agent representative, contractor (includin'g contractors' employees,
agents, representative and sub-contractors) of'a party hereto shall be
borne by such party; and such party shall defend,_indemnify and hold
harmless the other party hereto against such liab`il'ity.
(2) Subject~to (1) above, any such liability caused by the
sole negligence of one of the parties he.reto~; or caused solely by the
failure of one of the. parti a hereto to 'obse`r-ve and' perform any
obli.gation~hereunder,.shall be borne by such party; and such party shall
defend,, indemnify and hold harm ess the other party hereto aga inst such
liability.
(3) Subject.. to (1) above, any such liability caused by the
joint or concurrent negligence of the partie's hereto or by the joint or
concurrent failure of the parties hereto to observe or perform any
obligation hereunder, shall be borne equally by sucfi parties, except
that each such party shall assume all risk of loss or destruction of or
damage to its property. .
(4) Any o fier such liability, shall be borne equally by the
Parties i'nvo]-ved in the event or occurrence creating such liability,
except .that each party shall assume all risk of loss or destruction or
damage to its property.
-7-
~~ 17.b. I~n the adjustment between the parties hereto of any cla°im of. such
liability, the .liability a~ss:umed by such parties. under paragraph 11.a.
of this section shall include, in addition to the amounts paid to the
claimant, all expenses incurred by such party in connection therewith,
which shall include costs,. a`ttorney's fees, .dis.bur,sements and other
proper charges ~and~ expenditures.
17.c. If any party hereto, as the result of claim of liability, should
be compelled to pay damages in consequence thereof to a greater extent
than_specfied in this see-tion, such party shal'T have, to the extent of
theexcess so paid by it, the right of contribution from the other party
affected by-such claim.
18.City shall provide eVi"dente to PG&E of i`nsura`nce or self-insurance
to secure the payment of Worker's Compensation in compliance with the
Labor Code of California a'nd,-where applica6}e~, shall secure payment of
1 i ab l ty under any other ~s'i,mi 1 ar appl i.cabl a law:
19. Upon request, City's'hall provide PG&E evidence of insurance or
self-i.n_surance and shall cause any contractor performing work under this
agreement to procure and maintain in effect during, t;he term of'his work
bodi ly :n j ury l :i abi l ty i'ns';urance wi'th' 1 i m~ts of not less than
$2,000;.,,0,00..00 -comb'i'ned single Ti mi t (i ncl udi ng~ automobi 1 e) for bodi 1 y
injury and property damage as a result of any ;one occurrence. Such
contractor'~s~nsuranc'e`must be satisfactory to PG&'E -and shall guarantee
City's performance of the above indemnity obligatii.on and shall also be
-8-
.endorsed. to (a). include PG&E as 'an additional reamed insured .ns`ofar as
this a9reemeht is concerned,,. (b) contain, a cross-liabiTity,cl'ause, and
(c) provide that wrthen notice shalfi be given to PG&'E at least thirty.
(30) days prior to cancellation or ma eri:a~l change in the forme of such
policies or endorsements. 'Upon reques°t, City will furnish PG&E with
original copie's.of the.polic:ies a'nd endorsements. PG&'E shall 'have the
right to .inspect the original policies of such insurance.
20. Should ei't•her Party fail to enforce 'any specific provision of this
agreement, it shall not be deemed a gen,er-al wai;~e:r or relinguishmen by
that party of any provision in this agreement.
21. Afiy amounts payable by City to PG&E under tlhe provisions of this
agreement .shall n`ot be due until services hav=e been rendered and shall
be due and payable within 'th rty~ (;30) days after 'the worK i s completed..
22. 'Any ~termi~na io'n of City's rights and pr v-i lieges hereunder shall not
reTie:ve City of any obli=ga,tions, whether of indemnity or otherwise,
which has accrued.~prior to such terminatiorn ow completion of removal of
City's equipment, whichever s:laster, or which arises out of an
occurrence happening prior thereto.
23. This 'agreemen:t shall supersede any previous pole contact agreement
between PG&E and the jurisdictions repres.erited by City insofar as it may
perta;i~n.~to streetlighting.
-9-
d
2,4. This agreement shall be subje.et to all of the provi's:ions of the
California Public Utilities Code and PG&E's:aPpli;cable tariff schedules
on file with~and authorized by the CP'UC and 'further shall at all-times
be subject ~to such 'changes or modifications as the CPUC,ma'y, from time
to time, direct in the, exercise of its jurisdiction.
2b. Notwithstanding any other provisions hereo~f~;, this agreement shall.
be and remain in effect.for.an initial period o;f ten (10) years from the
date of this agreemen-t;, and shall extend thereafter for successive terms
of one; (1) year- each„ unless othe,rwi se cancel~J ed ;by either party. on not
1 ess than twelve (1,2,) ,mon'ths' advance written not ce to the other party
at the expiration of the ini~tial,,.or any subsequeni.term.
PACIFIC GAS-AND ELECTRIC COMPANY
~~~ , _
~,
By
a 1=e a i l t,on
Fetal. a/Sonoma District
Manager
G;ITY OF PETALUMA
Bye ..
John :Scharer
City. Manages
Approved
As to: Form
. A`ttorne _
ity of Petaluma
Attachment ~Exhibits:A, 6, C and D
ATTEST: sector of Pub is Works
/' :,
Patricia E. Bernard, City Cle k
l ~L Lr `.?~
F' ance 0 fces ~
Risk Manage
-10-
EXHiBiT h
To ............:................._..:..---------------...
PACIFIC GAS AND ELECTRIC' COMPANY
CONTACT PE'RNIIT
Number ......................._.
...
vtsron-- ------------_......:.----....---.....-------.. _...------------
Date ........................._..- ----- - ..-...., 19 ------......
Pemmi"sson is requested o place attachments on the poles designated below in
accordance with the terms and conditions of the agreement between ..........:...............................................
- -------------------- ---------. ---....................................................:....and Pacific Gas and Electric Company
dated ...............................:...................................
Date Checked ....:..............:......................::. .............................,,...:........._.............----- - -----..........-............._ ........._.
THE ABOVE PERMISSION IS HEREBY .GRANTED _
Date Checked---.._._ ................................:.. Date............-----...,................................---..__, 19.............
y .....................................
By ..:........................--------------------....,.........:.....---........-----
Number of poles contacted under this permit ................... Annual rental $................................each or
~ ........................... .....total.
This exhibit covers the number~LS-1 streetlights identified in the attached
RO11W1 repo°rt.
NOTE: Sketch to be draav to suitable scale. We reverse Bide of this sheet if necessary;
- 62- 610 10-56 2S PAOS'
" z-:~~~
i
`r
EXHICIT B
H P ~ /J H I
IZ ~ /~,~.
~'1 al
~~ ~ ~/
I J
6 B ~
F/G. 5
Ins/o/%fian vrrlh //o Seiv~ce Orc.~s P.esenl
(See Note (o))
(~ u
Suv~cc
mac., _
H
1Z-M~rt -y
• F --1omp Iocrtiftgf%o!~ /obe mfv//e<1aJ street
s,de pfpo% 9'~ fiTan giound /eve/
FiG.
I/~sfv/~at.+on ,vif.4 EJCtended Rork Cirstncction ,
with Sz1va-e O/z}o Present
~a,:::
~.
ni u
., c:: we rrrrm/.lFR
/tuSJL/Y
I TEIJI IFL•!U!trrr.anc ~:.. •.. ......--~...-_- -
DESCR/PT/ON
1 . lcsa/~ire~ and /nauif 6ncfet
.3 h";PVC.,. ;~.
4 Sl _- Ga-tibiFlzc.> 2/.v'X?~I.t2'.z~/~' . .
S err :p Sods - ,P1'C, 600Y..
6 Bo/f ~dxh. b'~'A9'frnoth
9 Ia~ntificotion
//f.CTFRI.4L: fUrrnuancu .vru i...r..,~-~,. .. -
I TEM DESCftIPT/ON -
Erctenc~ ~eta~-'a~'..-S~%'
ecr
A 1 F LO/S/a7 !
.
.
- <s
// i/:i :
'
r
'
' 02f °Z ~ i~-0[--
C -. L r.
Y.
6
, .100
.
CvnCuit,2
E Bo/ Marti. =sm x>Le th os r" d. ~~ SZ86
F ttihs/,a . 2' ' BoH' S/ie
N ' T ssian
' Ak l9-
.~ .SB~Z
e
Ccrneryor Q4J010 . :10-:Sd<3
G CoJSrieOo/•.AkwJ~ N='T esiaw
So/Jt.-Bo/t (Fd Cu Secar>~iy Jo ~lO Cu.)
Ccy~lrecld
Cu '0!5020
1-f ~ _
,
SJode ,Go/voniztd 021924 / -71St
®for //O~~/uTrdum of i1 G`JK-,S eGPnoocv Jo r~ emu.
L Forr4/uminum „k~tyn>acy.(o!ycr //Aln •c/O fa f/O. Cy. /-!oJ'e up /oi/ or '~JO. Cu. fu
j/O,c+/urr,invrrn uriih.o Cale .J0-S6~:<' co~+nector and .utrl undo/ //O.C/uninu.^
in OP?!~T'!JJ/2 PG~ Ciq:rv /.?~f~en /ra-l O~.q. O7B9S2• ~ ~ ~` =\
AUTHORiZEO h!UNICiPALL.Y OWNED. ~tJSTALLATinNS'(120'vOLT OPE~nTIiF~,~ + :~
A/T'-tT'YO 6f ~ 1/
/ -~ -N ,l~~.r:e // rn 4. C. D and r+~ G 3- _?~~' '••N'i
`9 //-1/.`yiri;Cntii! !1 " No. //A~ns E-ond F. Rem. •o S 6 n%~ cJeoco~ce:
,.. ~ ;/sic'~ S Jnodo Sh. S. r'J.. I nJ.:~ I f:-F.
U>~~~ ~!. 1 ct~.l u: l
' ~"~ STREET LiGNT INSTALLATIONS ON VV000 PO~E5 a. -~~t.
5 ~,.
~_.~ r: ~ 4
Cry.. ]. ~ ~a~~:.. ~:1~'t
p(P~PT uC1:1 QI- Chi,il.l.t.N ~VG ~
~~ I°nCU-iC GAS Ar~O i=LLCTF2tC Coh~l'~.r.i- ~ I S 1 3 2 ~'
a,~ I ~:ut
-70- ~ i I ~•'~ Fl2Af:C15C~O, CALIFORNIA
~~ ,
- ~ ..,c~o~r.•. --
Nolen IJem B !o prTx.de
CN{once Id /cods
~ _~
_T
.kc NOJC (b)
O£TA/L C-
jz-l'vCJ
F/G. 6
Instof/ation with Service OrcPs Pr-esenf
Scrvrcc .
"/_
/2' Alin.
NOTES
•
' ~ (aJ CcnstrcrQion stlotJAn e~ Fisz.S <s c~oLcabk
rnhc+ ra erse-or crm Source /akeon yr
pesenl cYCU/7fu>'7plalc4
. ..
..:".. '.: • . _ ~. • . .. ~ ~/p,71G~ wr// leave scffirrnf ca~drtfw
-(6)
•
" .
of this paint to reo.:h semno~Oryconclctlix
~ ?G. & E ~.r/! in5fa//if in ururtlvim bus a~
.. ~ . - . .. Jrx~ke secondary ~onnecfion.
(OJ ,CI/ ccv~strc.ttJon mvs.` ~''~/y fo G Q 95
ORAVJ//JG (.°.a/_°S ForOr°rh~Ur_ Consirz/_tion)
Nuin" er r'o•?t .CODE o f the Smote of !v/:!crn.o Rrb/.C (t'i:J%~Ps
EXHIBIT C
FLAT COST TABLE
CUSTOMER-OWNER STREET LIGWTS ON PG&E OWNED POLES
RATE SCHEDULE N0. LS-2
Description Charge
1. New Service Connection (single trip) $50
Load Less Than 2000 Watts
2. Temporary Disconnect and Reconnect
Service Wires (double trip) _
a. First Light l;;ocated within a single $10.0 -
city or lighting-district
b. Each additional light located within $80
a single Gity ow '1:;ghtin9 district
worked at the same time
3. Relocation (remove and reinstall street
light fixture, support arm, wiring, etc.)
on wood pole (singl:e 'trip)
a. First light located within a single $135
city or lighting district
b. Eaeh additional light located within $110
a single city or lighting district
worked `at the -same time
4. Permanent Oisconhect-ion: (single trip)
a. ,Light in5~ta11°ed 5 years or more N/C
b. Light installed less than 5 years
(1) First light located within a single $50
city or lighting district
(2 ): Each additional light located within $35
a single city or lighting district
at the same time.
NOTES: 1. Ail charges shown above are subject to change annually by PG&E.
2. For connection and othe w charges for customer-owned street
lights NOT on PG&E-owned poles, refer to the special conditions
of Schedule LS-2.
~- ~ EXHIBIT D
- 62-4611 1 ~._ES 10 PADS
PAGIF.IC .GAS AhlD ELECTRIC" COMPANY Number:...__°--------°-°
NOTICE OF CONTACT RE11!IDVAL
To-------------•--------------------------------•--------------•-•-----------. Division...-----•-----------.:.----•--•------------------------
.:
- ---------------------------- ---• . -- - _--•-------- , ------•- Date-------- - -----------------•=------- -~ 19...:...._
'The attachments on the poles designated below, as covered by Contact Permit No .......................................
issued in accordance with the terms and conditigns of the agreement between__ __________________________________________________
------•-_---,------------------:._._...---...----...___.. -_-._•: -_------.and Pacific Comas and Electric Company,
dated__...----•-----•-------------------------------------'have been removed.
.Date Checked----•---------=--=--------------•----._._._... ..------------•----=-----------•-•--....__...----.._.__......_._.._•--------•
By------------------
• TITLE
CONTACT .REMOVAL ACKNO~-.EDGED
Date°Checked'==--------•--•--------•--------------------=-• Date.•..----.:.----•------------...........-------~ 19------_.
BY------------- -- . - --------------------------- -- .._..... --------------- --------------....----- ----------_-- .
BY= ----------•-----•-- -•-------- ------- -- --
. Pay
Number of poles vacated under this•removal notice__.~_______________Free
Exchange Area=...=_____•----..__----------.___::_.~ •
. ...
This exhibit covers .the number-:LS-1 streetlights identified in t'he attached
RO11WL report. ~ •
'....:.
Noce: Skecc~ m:be dnwn'oorsniabk sale., Uie m!ern of chic sheet if c9-
"EXHIBIT B"
Y
2
3
4
6
6
7
8
fl
10
11
12
13
141
151
1G
17
18
19
20
21
22
24
25
26
27
28
JO$EPH A. FOREST
FORES':T & RUDNANSKY
465 Healdsburg Avenue
P.O. Box 191:0
Healdsbu;rg, CA 95448
Telephone: (707) 433-5629
Attorney for Plaintiff
City of Petaluma
SUPERIOR COURT OF CALIFORNIA
CO(I'NTY OF SONOMA
CITY OF PETALUMA,: a Charter City No. 177467
and municipal corporation,
Plaintiff,
STIPULATION
v.
PACIFIC GAS & ELECTRIC COMPANY
and DOES 1 through 10,
Defendants.
IT IS HEREBY STIPULATED by and between parties hereto,
through their respect ve counsel of record, that the plaintiff,
CITY OF PETALUMA, may condemn the property described in the
Complaint filed herein on October 24, 1989.
It is further stipulated that the amount of just
compensation 'to be paid to the defendant, PACIFIC GAS & ELECTRIC
COMPANY, s the sum of ONE MILLION FOUR.THOUSAND SIX HUNDRED AND
i
THIRTY QOLLAR'S ($1,004,630).
It is further stipules ted that the parties hereto waive
their rights to appeal from this judgment.
It is further stipulated that the parties hereto shall
///////
1
1'
2
s
4
5
6
7
8
9
10
11
12i
13
14
15
16
17
1S
19
20
2
2:
2~
2'
27
28
each bear its own costs and expenses of the litiga ion.
Dated: November 1, 1989
Dated: November , 1989
JOSEPH A. FOREST '
At~tbrney for Plaintiff
City of Petaluma
ROBERT R. RICKETY
Attorney for Defendant
P.G.& E.
2
~~ ~ .J h
i_'
. 1
,~
2
3
~~
41~
5I~
s
7
8'
9
10
11 l
12
13
14
lb
16
17
is
19
20
21
22
23
24
25
26
27
2s
JOSEPH A. FOREST
FOREST & RUDNANSKY
465 Healds~burg Avenue
P.0. Box 1910
Healdsbu,rg, CA 95448
Telephone: (707) 433-562.9
Attorney for Plaintiff
City of Petaluma
s
a
ENDORSED
FILED
OC T ~ :I 1469
SONDMA COUNTY CLERK
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SONOMA
CITY OF PETALUMA, a Charter City No. ~ ~,-,,, -. ,.
and municipal corporation, '~' ~ ~ `~~ v7
Plaintiff, COMPLAINT LN
EMINENT DOMAIN
vs.
PACIFIC GAS & ELECTRIC COMPANY
and DOES 1 through 10, inclusive,
Defendants.
For. cause of action against Defendants, and each of
them, Plaintiff alleges as follows:
(1) ~lain;tiff CITY OF PETALUMA is a Charter City and
municipal corporation duly and regularly organized and existing
under the laws of the State of California, situated within the
County of Sonoma, State of California. Plaintiff is vested with
the authority, pursuant to Government Code Section 37350.5 and
Public Utility Code~..Section 100D2 to exercise the power of
eminent domain for the purpose of acquiring property and/or
property interests for street light purposes.
(2) Prior to commencement~of this action, at a meeting
of the City Council of the City of Petaluma, duly and regularly
1
~' 11
z
3
4
5
61
s
s
io
11 '.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
noticed and convened at Petaluma, Ca ifo.rnia, on the 21st day of
August, 1989, said Ci y Council duly and regularly passed and
adopted Resolution No. 89-267, stating and determining that
public interest and necessity require the acquisition of certain
real property and real property interests for the puxposes of
e
ownership, use and operation of public. street light facilities.
A copy of said Resolution No. 89-267 is attached hereto as
Exhibit A and incorporated herein by reference.
(3) Each and every matter, fact and thing, stated and
set forth in said Resolution was and is true.
(4) The public interest and necessity require the
taking of the property and the prope°rty interests described in
Exhibit A in ordex to carry out the proposed project. The
property to be acquired herein is described as "all street light
facilities owned by Pacific Gas & Electric Company within the
city limits of the. City of Petaluma, California." An inventory
of the street lighting facilities within the city limits of the
City o•f Petaluma i attached hereto as Exhibit B and incorporated
herein by reference.
(5) The location o:f the proposed project and the
street lights which are sought to be condemned herein are all
located within the City of Petaluma.
(6 ). The name of the owner of the property, insofar as
known to Plain tiff, is the Pacific Gas & Electric Company.
(7) Does 1 through 1;0, inclusive, each has or claims
to have an interest in said property or property interests, the
exact nature .of which i5 unknown to Plaintiff. The true names or
capacities, whether individual, corporate, associate or
2
o-therwise, of Defendants Doe One through Doe Ten are. unknown to
Plaintiff., who' therefore sues said Defendants by such fictitious
names, and will ask leave to -amend this Complaint tb show their
9
10
11
12
13
14
15
16
17
18
19
20
21
22
~3
..
24;
25.
true names, eap.acities and state of incorporation when the same
have been ascertained.
.
WHEREFORE, Plaintiff prays for judgment as follows:
(1) Said property as described in Resolution No. 89-
267, more specifically, all street light facilities owned by
Pacific Gas & Electric Company within the city limits of the City
of Petaluma, C'aifornia, be condemned to Plaintiff's use for the
purposes set forth .in said Resolution No. 89-267, namely for the
ownership, use and maintenance of street light facilities;
,,
(2) Just compensation~~f'or said taking be ascertained
.. +~s.J ,
and assessed;
(3) All liens and encumbrances against said property
be deducted from said judgment.; and
(4) For such other and further relief as the,}Court mad
deem proper. ~
. ;~! ~ ,!
. _~~~ .~
Dated: (-)~~` ~?C% /~ ~-9
26
27
28
3
. %,~f
JDS~~H ~A. FOREST
attorney for Plaintiff
City of Petaluma