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HomeMy WebLinkAboutOrd 1998-2746ORDINANCE NO. 2746 AN ORDINANCE GRANTING TO SAN DIEGO GAS & ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, THE FRANCHISE TO CONSTRUCT, MAINTAIN AND USE POLES, WIRES, CONDUITS AND APPURTENANCES, INCLUDING COMMUNICATION CIRCUITS, NECESSARY OR PROPER FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY TO THE PUBLIC FOR ANY AND ALL PURPOSES IN, ALONG, ACROSS, UPON, UNDER, AND DVER THE PUBLIC STREETS AND PLACES WITHIN THE CITY OF CHULA VISTA WHEREAS, in 1972, in accordance with Article XIV (now Article XII) of the City Charter, City granted an electric franchise ("Original Franchise") to San Diego Gas & Electric ("SDG&E") pursuant to Ordinance No. 1427; and WHEREAS, the original franchise has expired and City staff and SDG&E representatives have negotiated the terms for an extension of the franchise through June 30, 2003 ("New Franchise"); and WHEREAS, on August 11, 1998, pursuant to City Council Resolution No. 19137, the City approved a resolution of intention to consider the adoption of the new franchise and set a public hearing for such purpose on September 1, 1998, at 4:00 p.m.; and WHEREAS, on September 1,1998, a duly noticed public hearing was held on the new franchise, and all public testimony was reviewed and considered by the City Council, including the City Manager's recommendation to approve the new franchise, and the City Council approved the placement of this ordinance approving the new franchise on first reading; and WHEREAS, on September 15, 1998, the City Council considered the new franchise for second reading and adoption. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: A. PROTESTS OVERRULED. Any and all protests or obiections presented to the granting of the new franchise are hereby overruled. B. TERMS AND CONDITIONS OF NEW FRANCHISE. SECTION 1. DEFINITIONS Whenever in this ordinance the words or phrases hereinafter in this section defined are used, they shall have the respective meaning assigned to them in the following definitions (unless, in the given instance, the context wherein they are used shall clearly import a different meaning). Ordinance 2746 Page 2 (a) The word "grantee" shall mean San Diego Gas & Electric Company, and its lawful SUCCeSSOrs or assigns; (b) The word "City" shall mean the City of Chula Vista, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form; (c) The word "streets" shall mean the public streets, ways, alleys, and places as the same now or may hereafter exist within said City, including state highways, now or hereafter established within said City, and freeways hereafter established within said City. (d) The phrase "poles, wires, conduits, and appurtenances" shall mean poles, towers, supports, wires, conductors, cables, guys, stubs, platforms, crossarms, braces, transformers, insulators, conduits, ducts, vaults, manholes, meters, cut-outs, switches, communication circuits, appliances, attachments, appurtenances, and any other property located or to be located in, upon, along, across, under, or over the streets of the City, and used or useful in the transmitting and/or distributing of electricity. (e) The phrase "construct, maintain, and use" shall mean to construct, erect, install, lay, operate, maintain, use, repair, or replace. (f) The phrase "gross receipts" shall mean all gross operating revenues received by grantee from the sale of electricity to grantee's customers with points of service within the corporate limits of the City (including, but not limited to, sales to military reservations with points of service within the City's corporate limits) which are credited in Account Nos. 440, 442, 444, 445, and 446 of the current Uniform System of Accounts of the Federal Power Commission as adopted by the California Public Utilities Commission ("CPUC") or similar superseding accounts less the following: 1. any uncollectible amounts; and any refunds or rebates made by grantee to such customers pursuant to California Public Utilities Commission orders or decisions. (g) The phrase "total system gross receipts" shall mean all gross operating revenues received by grantee from the sale of electricity to grantee's customers within its entire service territory which are credited in Account Nos. 440, 442, 444, 445, and 446 of the current Uniform System of Accounts of the Federal Power Commission as adopted by the California Public Utilities Commission or similar superseding accounts, less uncollectible amounts and less any refunds or rebates made by grantee to such customers pursuant to California Public Utilities Commission orders or decisions. (h) The phrase "allocation ratio" shall, unless and until otherwise modified by the California Public Utilities Commission, mean a numerical ratio determined by the proportion which the number of grantee's electric customers in the City bears to all of grantee's electric customers throughout its entire electric service territory. (i) The phrase "Utility Users' Tax" shall mean the local taxes added to utility bills of residential and commercial utility customers as defined in Chula Vista Municipal Code, Chapter 3.44 entitled "'Utility Users' Tax." Ordinance 2746 Page 3 SECTION 2. GRANT OF FRANCHISE The franchise to construct, maintain and use poles, wires, conduits and appurtenances, including communication circuits, necessary or proper for transmitting and distributing electricity to the public for any and all purposes in, along, across, upon, under, and over the public streets, ways and places within said City is hereby granted to San Diego Gas & Electric Company, its successors and assigns. This franchise is granted upon each and every condition herein contained, and shall ever be strictly construed against grantee. Nothing shall pass by the franchise granted hereby to grantee unless it be granted in plain and unambiguous terms. Each of said conditions is a material and essential condition to the granting of said franchise. SECTION 3. TERM Said franchise shall commence on July 1, 1998, and shall expire on June 30, 2003. Throughout such term said franchise shall endure in full force and effect until the same shall, with the consent of the Public Utilities Commission of the State of California, be voluntarily surrendered or abandoned by the grantee, or until the state or socne municipal or public corporation thereunto duly authorized by law shall purchase by voluntary agreement or shall condemn and take under the power of eminent domain, all property actually used and useful in the exercise of said franchise and situate in the territorial limits of the state, municipal, or public corporation purchasing or condemning such property, or until said franchise shall be forfeited for non-compliance with its terms by the grantee. SECTION 4. CONSIDERATION (a) Franchise Fees. The grantee of said franchise shall, during the term thereof, pay to the City one and one-tenth percent of the gross annual receipts of said grantee, which amount has been held by Decision Nos. 80432 and 80494 of the Public Utilities Commission of the State of California to be the normal level paid to other political subdivisions within the utility's territory. It is understood that any administrative, legislative, or judicial modification of said franchise fee or the basis of calculating said fee pursuant to Decision Nos. 80432 and 80494 shall be cause for review and renegotiation of this amount of franchise fee at any time within the term of this franchise. (b) Utility User's Tax-Collection Services. To the extent permitted by law, and solely for those customers within the corporate limits of the city billed directly by grantee (including customers purchasing power from other electricity providers), grantee agrees to collect the City's Utility Users' Tax and remit same to the City on a monthly basis. (c) Transportation Surcharqe. Grantee shall implement the surcharge provisions of California Public Utilities Code Sections 6351,6352, 6353, and 6354.1 and remit surcharges collected to the City. Grantee agrees to refrain from opposing the applicability of franchise fees (or their equivalent) to retail electric sales using grantee's electricity distribution system. Grantee agrees to continue to support some baseline protection for franchise fees (or their equivalent) to ensure that municipalities will continue to receive such fees from all utility providers within their respective municipal boundaries. Ordinance 2746 Page 4 SECTION 5. REPORTS, DATES OF PAYMENT AND CITY AUDITS The grantee shall file with the Director of Finance of said City, within three months after the expiration of the calendar year, or fractional calendar year, following the date of the granting hereof, and within three months after the expiration of each and every calendar year thereafter, a duly verified statement showing in detail the total gross receipts of such grantee during the preceding calendar year, or such fractional calendar year, from the sale of electricity within said City. Such grantee shall pay to said City by no later than the end of August of the following calendar year, an amount equal to fifty percent of the previous year's annual payment, and by no later than the end of March of the following calendar year an amount which, when added to the initial fifty percent payment above, constitutes the City's annual franchise fee for the preceding calendar year. By this method of payment, it is contemplated and understood that grantee is in effect calculating the actual gross receipts once each year following the end of each year. Accordingly, grantee shall estimate the percentage due City for the period January through June based on the previous year's payment and shall calculate the exact amount due for said period and shall remit the adjusted amount to City no later than the end of March of the following year. Transportation surcharges collected by grantee pursuant to Section 4(c) shall also be paid in accordance with this schedule. Any neglect, omission, or refusal by said grantee to file such verified statement, or to pay said percentage at the time and in the manner specified, shall be grounds for the declaration of a forfeiture of this franchise and all rights of grantee hereunder. SECTION 6. COMPLIANCE WITH LAWS (a) In General. All facilities or equipment of grantee that grantee shall construct, maintain and use or remove, pursuant to the provisions of the franchise granted herein shall be accomplished in accordance with the ordinances, rules and regulations of City now or as hereafter adopted or prescribed, and such rules and regulations as are promulgated under state law, or orders of the Public Utilities Commission or other governmental authority having jurisdiction in the premises. (b) Public Information. Grantee shall provide information to its customers as required by law, or upon request by customers, regarding utility restructuring, options for selection of an energy retailer, service options, slamming and default provider regulations as well as the City's role in the deregulated industry. SECTION 7. ADMINISTRATIVE PRACTICES (a) Installation, Maintenance, Repair, and Removal of Facilities. Grantee is herewith charged with the responsibility of cooperating with City in preparing a manual of administrative practices which shall govern the installation, maintenance, repair, and removal of grantee's facilities in the streets of City. Once each year, commencing with the first full calendar year of the franchise granted herein, it is to be the joint responsibility of grantee and City to review and update such administrative practices. Both grantee and City are charged with the duty to prepare, review, and update such administrative practices by a method of mutual cooperation which shall take into consideration the reasonable needs and convenience of each party; provided that said administrative practices and the terms and conditions thereof shall be at all times subject to approval of the City Council as expressed by appropriate legislative action. Ordinance 2746 Page 5 Following the preparation of said manual, and its approval by the City Council, it shall govern the practices of the grantee in its installation and removal of grantee's facilities in the streets of City. (b) System Ul~qrades. Grantee agrees to include the City in the early implementation of system-wide enhancements (e.g. infrastructure upgrades and ancillary services) to the extent such inclusion is consistent with grantee's then policy to prioritize and construct such system enhancements based on the condition of existing infrastructure in grantee's service territory. SECTION 8. CITY RESERVED POWERS (a) City reserves the right for itself to lay, construct, erect, install, use, operate, repair, replace, remove, relocate, regrade, or maintain below surface or above surface improvements of any type or description in, upon, along, across, under, or over the streets of the City. City further reserves the right to relocate, remove, vacate, or replace the streets themselves. If the necessary exercise of the aforementioned reserve rights conflicts with any poles, wires, conduits, and appurtenances of grantee constructed, maintained, and used pursuant to the provisions of the franchise granted hereby, whether previously constructed, maintained and used or not, grantee shall, without cost or expense to City within ninety (90) days after written notice from the City Manager, or his designated representative, and request to do so, begin the physical field construction of changing the location of all facilities or equipment so conflicting. Grantee shall proceed promptly to complete such required work. (b) Irrespective of any other provision of this ordinance, grantee's right to construct, maintain, and use, or remove poles, wires, conduits, and appurtenances thereto shall be subject at all times to the right of the City, in the exercise of its police power, to require the removal or relocation, to either overhead or underground locations, of said poles, wires, conduits, and appurtenances thereto at the sole cost and expense of grantee. (c) Notwithstanding anything else in this ordinance to the contrary, the City's right to be an electricity generator retailer, to the extent permitted by law, shall not be limited in any manner by the granting of this franchise. SECTION 9. UNDERGROUNDING QF FACILITIES (a) Presently grantee is engaged in a program of converting to underground certain of its facilities in accordance with Decision No.73078 of the California Public Utilities Commission. At this time, such decision requires grantee to budget prior to the end of each calendar year certain sums of money for said program for the next succeeding year and allocate these sums to undergrounding projects in the various governmental jurisdictions throughout grantee's entire electric service territory on the basis of the number of electric customers in each governmental jurisdiction. (b) Grantee acknowledges and agrees as follows: (1) as of January 1, 1998, the City's CPUC Rule 20A Fund allocation balance was $12,926,914.00 (this amount includes an allocation of $2,166,000 for calendar year 1998; (2) $3,141,000.00 of the $12,926,914.00 has been allocated and is available for expenditure to complete the undergrounding projects described in Exhibit A, Chart 1 ("Existing Projects"), a copy of which is attached hereto and incorporated herein by reference; and (3) the remaining balance of Ordinance 2746 Page 6 $9,785,914.00 of CPUC Rule 20A funds has been allocated and is available for expenditure on undergrounding projects as set forth in Exhibit A, Charts 2 through 6 ("Future Projects"). (c) Grantee shall complete the Existing Projects by no later than December 31, 1999. Grantee agrees to complete the Future Projects in accordance with the schedule set forth on Exhibit A, Charts 2 through 6, as long as no third-party influence impedes the schedule. In the event that in any one year, the scheduled project(s) come in under budget, additional projects from Exhibit A or Exhibit B, titled ("Utility Undergrounding Program, New Projects to add to the Utility Undergrounding List") attached hereto and incorporated herein by reference, may be proposed by the City up to an amount not to exceed said annual budget; in such event both parties will use their best efforts to schedule and implement those projects. In years where less than the budgeted amount is spent, the balance will be rolled over and spent in the next year if grantee is the reason for the underspending. In any other circumstance, the balance will be rolled over, however, it may not necessarily be spent the next year. Grantee shall complete all of the projects listed in Exhibit A by December 31, 2004. If such projects use CPUC Rule 20A Funds of more than $13,141,000, Grantee shall have no obligation to spend any additional monies. If such projects use less than $13,141,000, in CPUC Rule 20A Funds to complete, then, prior to December 31, 2004, Grantee shall also spend the positive difference between $13,141,000 and the cost of the Exhibit A projects, on Exhi bit B projects identified by the City. In the event that third party actions or omissions prevent Grantee's adherence to this timetable, Grantee shall have such additional time as is reasonable (not to exceed the duration of the third party caused delay(s)) to fulfill its utility undergrounding obligations hereunder. (d) The City must create the undergrounding districts in a timely manner to give all participants sufficient time to design and build on schedule as designated in Exhibit A. Changes in the order of project development or the projects listed on Exhibit A, Charts 2 through 6, must be mutually agreed upon at least 12 months in advance, unless the change in schedule or substitute project has already been identified and designated as a part of the additional list of projects in Exhibit B. The City must take an active role in requiring customers to complete their work and to involve telephone and cable companies in the projects. If right-of-way becomes an issue with any project, grantee may seek help from the City to resolve the issues. (e) Grantee agrees to apply for approval of budgeted expenditures of CPUC Rule 20A funds to the extent mandated by the CPUC each year as necessary to implement its obligations under this Section. Grantee is responsible for its own actions and those things within its control. Grantee will not be held liable for nonperformance by telephone system operators, or cable system operators, City or customers. (f) In addition to its obligation to spend existing balances of CPUC Rule 20A Funds, as provided above, during the term of this franchise, Grantee agrees to allocate (but not spend) additional CPUC Rule 20A funds to the City as follows: 1999- $2,000.000.00 2000- $2,000,000.00 2001- $2,000,000.00 2002- $2,000,000.00 2003- $2,000,000.00 Ordinance 2746 Page 7 Grantee does not commit to spend such new allocations during the franchise term because grantee's only commitment to spend or otherwise dispose of CPUC RULE 20A Funds during the term of this franchise is set forth in Section 9(c), above. Grantee shall not reallocate such monies for any other purpose except with the agreement of the City. (g) This section shall not be deemed in any way to be an impairment of city's rights as set forth in Section 8 of this ordinance. Nothing contained herein is intended to prevent grantee from informing City and the California Public Utilities Commission of then existing or foreseeable economic conditions or other factors which in the opinion of grantee make unwise the granting in whole or in part, of the particular annual application. (h) This section is intended only to be a measure of portion of the consideration to be paid by grantee to City for the rights and privileges granted herein and therefore it does not create or confer any rights or obligations to any one other than City or grantee. SECTION 10. HOLD HARMLESS Except to the extent caused solely by any negligent, grossly negligent, or willful misconduct of the City or its officers or employees, grantee shall indemnify, save, and hold harmless, City and any officers and employees thereof against and from all damages, judgments, decrees, costs, and expenditures which city, or such officer or employee, may suffer, or which may be recovered from, or obtainable against City, or such officer or employee, for, or by reason of, or growing out of or resulting from the exercising by grantee of any or all of the rights or privileges granted hereby, or by reason of any act or acts of grantee or its servants or agents in exercising the franchise granted hereby, and grantee shall defend any suit that may be instituted against City, or any officer or employee thereof, by reason of or growing out of or resulting from the exercise by grantee of any or all of the rights or privileges granted hereby, or by reason of any act or acts of grantee, or its servants or agents, in exercising the franchise granted hereby. SECTION 11. REPAIR COSTS Grantee shall pay to City on demand the cost of all repairs to City property made necessary by any of the operations of grantee under the franchise granted hereby, provided, however, that grantee may make repairs to streets, sidewalks, curbs and gutters itself at its own cost in accordance with City specifications if the same can be done without undue inconvenience to the public use of the streets. SECTION 12. FORFEITURE AND OTHER REMEDIES If grantee shall fail, neglect or refuse to comply with any of the conditions of the franchise granted hereby, and if such failure, neglect or refusal shall continue for more than thirty (30) days after written demand by the City Manager for compliance therewith, then City, by the City Council, in addition to all rights and remedies allowed by law, thereupon may terminate the rights, privilege, and franchise granted in and by this ordinance, and all the rights, privileges and the franchise of grantee granted hereby shall thereupon be at an end. Thereupon and immediately, grantee shall surrender all rights and privileges in and to the franchise granted hereby. No provision herein made for the purpose of securing the enforcement of the terms and conditions of the franchise granted hereby shall be deemed an exclusive remedy or to afford the exclusive procedure for the enforcement of said terms and Ordinance 2746 Page 8 conditions, but the remedies and procedure outlined herein or provided, including forfeiture, shall be deemed to be cumulative. SECTION 13. ACQUISITION AND VALUATION Nothing in this ordinance or in the franchise granted hereby shall be construed as in any way impairing City's rights to acquire property of grantee through the exercise of City's power of eminent domain, or through voluntary agreement between City and grantee. In the event that City chooses to exercise its power of eminent domain, it shall do so in accordance with the procedures provided by the general law of the State of California for the condemnation of public utility property. The valuation of such property for condemnation purposes shall be made in accordance with such general law. SECTION 14. AUTHORITY FOR GRANT Notwithstanding any other provision herein contained, this franchise is granted solely and exclusively under Section 1200, 1201, 1202, 1203, 1204, 1205, and 1206 of Article XII of the Charter of the City of Chula Vista, and Chapter 5.30 of the Chula Vista Municipal Code and no other authority. This franchise is granted subject to any and all additional terms and conditions contained therein. SECTION 15. EFFECTIVE DATE Subject to the requirements of Section 17, this ordinance shall become effective thirty (30) days after its final passage unless superseded by a referendum petition filed as provided by law. Upon the effectiveness of this ordinance, the comrnencement of the term shall be July 1, 1998, as provided in Section 3. SECTION 16. PUBLICATION COSTS The grantee of said franchise shall pay to the City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting thereof; such payment to be made within thirty (30) days after the City shall have furnished such grantee with a written statement of such expenses. SECTION 17. WRITTEN ACCEPTANCE The franchise granted hereby shall not become effective until written acceptance thereof, in a form approved by the City Attorney, shall have been filed by the grantee with the City Clerk. SECTION 18. PUBLICATION The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Chula Vista Star News, a newspaper of general circulation published and circulated in said City. Ordinance 2746 Page 9 SECTION 19. MISCELLANEOUS OBLIGATIONS (a) Notice of Siqnificant Transactions. Grantee agrees to provide as much reasonable advance notice as is legally permissible to the City regarding any mergers, buyouts, spin-offs, or other transactions materially affecting the nature of the entity to which the City grants this franchise. Such notice shall be consistent with grantee's obligations under the law relating to disclosures and the limitations placed upon grantee. (b) Economic Development. To the extent recovery of the expense through rates is allowed by the CPUC regulations, grantee agrees to cooperate, in good faith, on reasonable economic development activities which may include, but not be limited to, deferral or waiver of hook-up fees, assistance in the financing of upgraded infrastructure and/or offering of power incentives to companies that meet City-defined economic development or employment criteria. GRANTEE'S ACCEPTANCE: Grantee accepts the franchise granted hereby and agrees to be bound and abide by all covenants, terms and conditions contained herein. Grantee warrants and represents that it is authorized to enter into this Franchise Agreement, on file in the office of the City Clerk known as Document Number CQ98-148, and that the party executing this franchise on its behalf is duly authorized to do so, without the need for any further action. ACKNOWLEDGED AND AGREED SAN DIEGO GAS & ELECTRIC CO. By: Edwin A. Guiles (Original Signature on file with Document No. C098-148) Title: President Presented by ~!~sCity~an~ager Approved as to form by GI Goo ns i Ordinance 2746 Page 10 EXHIBIT A CITY OF CHULA VISTA UTILITY UNDERGROUNDING PROGRAM UTILITY UNDERGROUNDING PROJECTS TO BE COMPLETED BY END OF 1999: STREET LIMITS "E" Street Main Street Otay Lakes Road Palomar Street Broadway to Toyon Lane Industrial Boulevard to Third Avenue Ridgeback to Apache Drive I 5 to Industrial Boulevard DISTRICT NUMBER 123 126 129 127 FUTURE UTILITY UNDERGROUNDING PROJECTS TO BE COMPLETED IN 2000: STREET LIMITS ESTIMATED COST Broadway "C" Street to "E" Street $513,000 Fourth Avenue "H" Street to "L" Street 81,000,000 Orange Avenue Palomar Street to Fourth Avenue ~440,000 TOTAL $1,953,000 FUTURE UTILITY UNDERGROUNDING PROJECTS TO BE COMPLETED IN 2001: STREET LIMITS ESTIMATED COST Otay Lakes Road Bonita Road to Camino Del Cerro Grande $2,250,000 FUTURE UTILITY UNDERGROUNDING PROJECTS TO BE COMPLETED IN 2002: STREET LIMITS ESTIMATED COST Fourth Avenue "L" Street to Orange Avenue $1,150,O00 "L" Street Monserate Avenue to Nacion Avenue $340,000 "L" Street Broadway to Third Avenue $700,OOO STREET Otay Lakes Road TOTAL $2,190,000 LIMITS Camino Del Cerro Grande to Ridgeback Road FUTURE UTILITY UNDERGROUNDING PROJECTS TO BE COMPLETED IN 2003: ESTIMATED COST ~2,100,000 TOTAL $2,100,000 FUTURE UTILITY UNDERGROUNDING PROJECTS TO BE COMPLETED IN 2004: STREET "J" Street "J" Street "J" Street LIMITS ESTIMATED COST East of Broadway to Third Avenue East of Nacion Avenue to West of Lori Lane Third Avenue to First Avenue $7OO,OOO $290,000 $475,000 TOTAL 81,465,000 Ordinance 2746 Page 11 EXHIBIT B UTILITY UNDERGROUNDING PROGRAM NEW PROJECTS TO ADD TO THE UTILITY UNDERGROUNDING LIST STREET "J" Street "C" Street "D" Street "F" Street "G" Street "1" Street "K" Street "L" Street Moss Street Naples Street Oxford Street Fifth Avenue Second Avenue First Avenue LIMITS First Avenue to e/o Nolan Avenue Broadway to Fourth Avenue West End to Second Avenue Second Avenue to Hilltop Drive West End to Hilltop Drive West End to Elm Avenue First Avenue to East End West End to Country Club Drive First Avenue to Evans Avenue Industrial B~vd. To e/o Second Avenue Industrial Bfvd. to e/o Oleander Avenue West End to Broadway w/o Fifth Avenue to Neptune Drive North End to "H" Street 'T' Street to Orange Avenue n/o Bayview Way to "L" Street Naples Street to Orange Avenue Flower Street to "L" Street Naples Street to South End TOTAL LENGTH ESTIMATED (Mites) COST 1.08 $950,000 0.50 ~525,000 1.34 81,680.871 0.50 $525,000 1.86 $2,324,811 1.50 $1,870,265 0.64 $804,924 1,55 ~1,941,288 0.38 $473,485 1.42 $1,775,558, 3.26 $4,071,970 0.32 ~402,452 2.20 $2,746,212 1.40 81,751,894 1.89 $2,357,424 2.56 $3,195,023 0.97 ~1,207,386 1.93 $2,414,773 1.00 $1,254,735 26.31 $32,484,091 NOTE: VERIFICA'i:ION OF COST ESTIMATES TO BE APPROVED BY SDG&E AT A LATER DATE OUR COST ESTIMATES ARE BASED ON $1,250,000 PER MILE. Ordinance 2746 Page 12 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 15'h day of September, 1998, by the following vote: AYES: NAYS: ABSENT: Councilmembers: Councilmembers: Councilmembers: Moot, Padilia, Rindone, Salas and Horton None None ABSTAIN: Councilmembers: None ATTEST: Shi~ayo/~r~ t t, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2746 had its first reading at a regular meeting held on the 1't day of September, 1998 and its second reading and adoption at a regular meeting of said City Council held on the 15thday Of September, 1998. Executed this 15'h day of September, 1998. Beverly ~. Aut'helet, City Clerk