HomeMy WebLinkAbout1997-08-11 97-353 ORDERCOUNCIL ACTION
Item NO. 97-151
Date August 11 1997
Item/Subject: Authorizing Transfer of Electrical Transmission and
Distribution Facilities at Bangor International Airport to Bangor
Hydro -Electric Company
Responsible Department: Legal
Commentary:
For many years, the City of Bangor and Bangor Hydro -Electric
Company have had intermittent discussions about transfer of the
City -owned electrical transmission and distribution facilities at
BIA to Bangor Hydro -Electric Company. Staff discussions have at
last finalized a proposed agreement, and FAA permission has been
obtained. The attached Order would authorize transfer of these
electrical facilities to Bangor Hydro. Under the proposed
agreement, upon transfer of the facilities Bangor Hydro will become
responsible for all maintenance expenses and future system
upgrades, as well as expenses related to future disposal of any PCH
contaminated transformers. In return, the proposed agreement
requires the City to pay Bangor Hydro -Electric $17,773 t0 reimburse
Bangor Hydra's estimated costs of testing and disposing of 45 pole -
mounted transformers suspected of containing PCBs.
DepaiUnent Head
Manager's Comments: uyygY4 �y,(n ryTL
City Manages
Associated Information: Order, Agreement. Deed
tt
City Solicitpyor
Passage
First Reading
Referral Page I of 8
91-353
AMQOa to Counega. Farnham Augasc 11, 1991
CITY OF BANGOR
(Tffu) yprur Authorizing Fran sf11 e of Electrical x r ansmission and
Distribution Facilities at Bangor International Airport to Bangor
Hydro -Electric Company
amt City ems of Ms City of Gama .-
ORDERED,
THAT the city manager is hereby authorized on behalf of
the City of Bangor to execute and deliver an "Electric Utility
Transfer Agreement" and Easement Deed, copies of which are attached
to this Order, for the purpose of transferring City -owned
electrical transmission and distribution facilities at Bangor
International Airport to the Bangor Hydro -Electric Company.. The
City manager is further authorized to execute and deliver any Bill
of Sale or other documents necessary to complete the transfer.
Such additional documents shall be in a form approved by the City
Solicitor.
IN CITY COUNCIL
August 11, 1997
Passed
Councilor Tyler Abstained
F.
C T CLH
9)-053
ORDER
Title, Authorizing Transfer of Electrical
Transmission and Distribution Facilities
at Bangor International Airport to Bangor
RyUYb=ElettnN Cbkp9Ly .. "4 "" " "'
......................................
G. -&�
Am fined to
Nu ..�. Win......
Councilman
a
aK60 PG 102
EAs�+T• 09'432
The CITY OF BANGOR, a municipal corporation duly organized
and existing under and by virtue of the laws of the State of Maine,
located at Bangor, Penobscot County, State of Maine, as Grantor,
for consideration paid, grants to BANGOR HYDRO -ELECTRIC COMPANY, a
corporation organized and existing under the laws of the State of
Maine, with an office located in Bangor, Penobscot County, State of
Maine, its successors and assigns, as Grantee, a perpetual easement
and right to enter upon land of the Grantor, located in Bangor,
Penobscot County, State of Maine and further described as follows:
Easement locations as shown on two plans
prepared by Bangor Hydro -Electric Company,
titled "BIA Electrical Distribution System
pages 1 and 2", and dated May 30, 1997, as
recorded in the Penobscot County Registry of
Deeds, in Map File 1997-7i 1999 —'7V.
The easement herein granted shall consist of the right in
the Grantee to operate, maintain, repair, rebuild, upgrade and
replace axisting utility poles, together with all existing or
necessary transmission lines, wires, cables, cable anchors,
electrical devices, and supporting structures appurtenant thereto
for the transmission and delivery of electric power and
intelligence, and shall include the right in the Grantee to enter
upon the above-described land at all reasonable times with
Personnel, vehicles and equipment for any and all of the foregoing
purposes. The easement and other rights herein granted shall
include a right in the Grantee to cut, trim, clear or remove any
and all trees or other vegetation naturally occurring or now or
hereafter planted upon the above-described land as necessary to
keep Grantee's utility poles and all appurtenances thereto clear
from any visual or other obstruction that, by its location,
interferes in any manner with Grantee's a of the easement
and other rights granted herein. Provided, that upon completion of
any installation, maintenance work Or Other activities under
provisions of this Easement Deed, Grantee shall reasonably restore
or cause to be restored in the above-described land and any other
portion of Grantor's adjacent land impacted by such work as nearly
s practicable to its original condition: and provided further that
Grantee shall not be required to restore any condition upon
Grantor's land which operated to impair or interfere with Grantee's
exercise of the easement and other rights granted herein. where
not otherwise specified in the above -referenced plans, the easement
herein granted shall be exercised upon a strip of land twenty feet
(20') in width lying ten feet (10') on either side of existing
utility locations as shown In said plans.
The easement herein granted includes the right to allow use
Of such utility poles and supporting structures by others for
attachment of lines for telephone communications, data
transmission, cable television, electrical power transmission and
similar uses. The Grantor reserves to itself for its exclusive use
the right to attach and maintain its own line or lines to all such
Poles and supporting structures for any public use, without payment
'a' r
3N6477 PG103
Of pole attachment fees, "make ready" charges, annual rental, or
other charges, within one foot (1') of space on each such pole or
supporting structure to be designated by the Grantee for this
purpose.
IN WITNESS WHEREOF, the said CITY OF BANGOR has caused this
instrument to be sealed with its corporate seal, and signed in its
corporate name by EDWARD A. BARRETT, its City Manager thereunto
duly authorized, this 25th day of August. 1997.
CITY OF BANGOR
t(BY)
Witness Edward A. Barrett
City Manager
STATE OF MAINE
PENOBSCOT, ss. ALgUet' 0'5. 1997
Then personally appeared the above-named EDWARD A. BARRETT,
City Manager, and acknowledged the foregoing instrument to be his
free act and deed in his said capacity, and the free act and deed
of said body corporate.
Before me,
1
Printed Name-
Stump
w
Princed Name: Erik M. Stvmpfel, Esq.
PENOSSCOT, ss RECEIVED
Ig97 AUG 29 Pn 3 22
JU0 RGI bs
9I-353
AMg WCmumJw Farnham August 11, 1997
_ CITY OF BANGOR
(TITLE) (®rUr Authorizl g Transfer of Electrical Transmis on and
Wf ................... _..... .......
Distribution Facilities at Bangor International Airport to Bangor
Hydro -Electric Company
By the Cit CmMOU Of W My ofRumor.
0R{9EREDo
TEAT the City Manager is hereby authorized on behalf of
the City of Bangor to execute and deliver An "Electric Utility
Transfer Agreement" and Easement Deed, copies of which are attached
to this Order, for the purpose of transferring City -owned
electrical transmission and distribution facilities at Bangor
International Airport to the Bangor Hydro -Electric Company.. The
City Manager is further authorized to execute and deliver any Bill
of Sale or other documents necessary to complete the transfer.
Such additional documenEs shall be in a form approved by the City
Solicitor.
IN CITY COUNCIL 9)_353
August 11, 1997
Passed O R D E R
Councilor Tyler Abstained
F Title, Authorizing Transfer of Electrical
C TY
CLE
Tran smfsalon and Distribution Facilities
at Bangor International Airport to Bangor
......................................
w.�edto
Ae®goad to
Abu P�i..f.0
Councilman AaCu._lman
IK6471 PG 102
BAS@ICBT "29313%
The CITY OF BANGOR, a municipal corporation duly organized
and existing under and by virtue of the laws of the State of Maine,
located at Bangor, Penobscot County, State of Maine, as Grantor,
for consideration paid, grants to BANGOR HYDRO -ELECTRIC COMPANY, a
corporation organized and existing under the laws of the State of
Maine, with an office located in Bangor, Penobscot County, State of
Maine, its successors and assigns, as Grantee, a perpetual easement
and right to enter upon land of the Grantor, located in Bangor,
Penobscot County, State of Maine and further described as follows:
Easement locations as shown on two plans
Prepared by Bangor Hydro -Electric Company,
titled "BIA Electrical Distribution System
pages 1 and 2", and dated May 30, 1997, as
recorded in the Penobscot County Registry of
Deeds, in Map File 1997-,$f i 19gl—'77.
The easement herein granted shall consist of the right in
the Grantee to operate, maintain, repair, rebuild, upgrade and
replace existing utility poles, together with all existing or
necessary transmission lanes, wires, cables, cable anchors,
electrical devices, and supporting structures appurtenant thereto
for the transmission and delivery of electric power and
intelligence, and shall include the right in the Grantee to enter
upon the above-described land at all reasonable times with
personnel, vehicles and equipment for any and all of the foregoing
purposes. The easement and other rights herein granted shall
include a right in the Grantee to cut, trim, clear or remove any
and all trees or other vegetation naturally occurring or now or
hereafter planted upon the above-described land as necessary to
keep Grantee's utility poles and all appurtenances thereto clear
from any visual or other obstruction that, by its location,
interferes in any manner with Grantee's a cise of the easement
and other rights granted herein. Provided, that upon completion of
any installation, maintenance work or other activities under
provisions of this Easement Deed, Grantee shall reasonably restore
or cause to be restored in the above-described land and any other
Portion of Grantor's adjacent land impacted by such work as nearly
as practicable to its original condition: and provided further that
Grantee shall not be required to restore any condition upon
Grantor's land which operated to impair or interfere with Grantee's
exercise of the easement and other rights granted herein. where
not otherwise specified in the above -referenced plans, the easement
herein granted shall be exercised upon a strip of land twenty feet
(20') inwidth lying ten feet (10') on either side of existing
Utility locations as shown in said plans.
The easement herein granted includes the right to allow use
Of such utility poles and supporting structures by others for
attachment of lines for telephone communications, data
transmission, cable television, electrical power transmission and
similar uses. The Grantor reserves to itself for its exclusive use
the right to attach and maintain its own line or lines to all such
Poles and supporting structures for any public use, without payment
3x6477 PG 103
Of pole attachment fees, "make ready" charges, annual rental, or
other charges, within one foot (1') of space on each such pole or
supporting structure to be designated by the Grantee for this
purpose.
IN WITNESS WHEREOF, the said CITY OF BANGOR has caused this
instrument to be sealed with its corporate seal, and signed in its
corporate name by EDWARD A. BARRETT, its City Manager thereunto
duly authorized, this 25th day of August. 1997.
CITY OF BANGOR
"" (BY) Edward
YXWCWtA
witness Edwa[d A. Barrett
City Manager
STATE OF MAINE
PBNOBSCOT, s5. August' P'5- 1997
Then personally appeared the above-named EDWARD A. BARRETT,
City Manager, and acknowledged the foregoing instrument to be his
free act and deed in his said capacity, and the free act and deed
of said body corporate.
Before me,%st
VNY "1
- ac/ACtOY -at
Printed Bass: Erik M. Etvmpfmpfel, Esq.
PENOESCOT. 55 RECEIVED
1997 AUG 29 P 3 22
REGISIER_T
E.LHflTHIC UTILITY TRANSFER AGREEMENT
M'
THIS AGREEMENT, made and executed in duplicate, this
day of August, 1997 by and between:
CITY OF BANGOR, a body politic and corporate,
duly organized and existing under and by virtue
of the laws of the State of Maine, located in
Penobscot County, State of Maine (hereinafter
_referred to as "City")
and
BANGOR HYDRO -ELECTRIC COMPANY, art electric
utility corporation organised and existing
under the laws of the State of Maine, having
its principal office located in Bangor,
Penobscot County, State of Maine (hereinafter
referred to as "Bangor Hydro")
W I T N E S S E T H:
Recitals
1. The City of Bangor is the owner and operator of a public
airport Commonly known as Bangor International Airport ("BIA"),
located in the City of Bangor and Town of Hermon, Maine. The land
comprising BIA consists of portions of the former Dow Air Force
Base released by the United States of America to the City of Bangor
n 1969, plus other land subsequently acquired by the City of
Bangor.
2. Bangor Hydro is a regulated public utility providing
electrical service to customers in eastern and central Maine,
including residents of the City of Bangor. Bangor Hydro provides
electric power to BIA and to commercial tenants of the City at BIA.
3. The electrical distribution system at BIA includes
numerous transmission lines, poles, transformers and related
facilities owned by the City of Bangor, originally acquired from
the United States of America upon decommissioning and transfer of
Dow Air Force Base. Some or all of the electric transformers and
other facilities currently in , to be transferred pursuant to
this Agreement, are known to contain, or may contain polyvinyl -
chlorides (PCBs) or Other hazardous substances in amounts that are
subject to regulation under federal or state environmental laws.
4. To better serve its customers at arta adjacent to BIA,
Bangor Hydro desires to acquire and upgrade the BIA electrical
distribution system. The City of Bangor desires to avoid future
maintenance costs and environmental liabilities associated with its
present ownership of the BIA electrical distribution system, by
transferring the system to Bangor Hydro.
f -2-
NOW, THEREFORE, in consideration of the foregoing recitals
and of the mutual promises hereinafter set forth, the City of
Bangor and Bangor Hydro -Electric Company hereby agree as follows:
Aareement
(1) The City of Bangor hereby transfers to Bangor
Hydro -Electric Company the BIA electrical distribution system as
more fully identified In an Easement Deed from the City of Bangor
to Bangor Hydro of substantially even date herewith, and in two
plans by Bangor Hydro -Electric Company titled "BIA Electrical
Distribution System pages 1 and 2" dated May 30, 1997, to be
recorded in the Penobscot County Registry of Deeds, and consisting
of utility poles, support structures, transmission lines.
transformers, control panels and related facilities now located a
Shown in said plans. All such property is transferred as is; where
is; with all faults, known or unknown; without warranty of any
kind, express or implied; and not in the regular course of
business. For purposes of this Agreement, particularequipment or
facilities may be specifically identified in one or more separate
bills of sale to be executed supplementary to this Agreement.
(2) The City of Bangor retains the right to attach a line
or lines to any utility pole or other structure transferred
Pursuant to this Agreement, including replacement poles or
structures hereafter erected or installed at the same locations,
such line(s) to be utilized for any public purpose, within one
vertical foot (1') of space on each pole or structure to be
designated for installation of Such lines by Bangor Hydro. The
City of Bangor shall have the right to attach and maintain such
lines without payment of pole attachment fees, -make ready"
charges, annual rentals, or Other charges to Bangor Hydro.
(3) Effective upon execution of this Agreement, Bangor
Hydro agrees to be solely responsible for all costs Of maintaining
and upgrading the BIA electrical system. Bangor Hydra further
agrees that it shall be solely responsible for compliance, and for
all costs of compliance, with applicable regulations of the U.S.
Environmental Protection Agency, the State of Maine Department of
Environmental Protection, and other governmental agencies with
regulatory jurisdiction, in regard to all equipment and facilities
transferred pursuant to this Agreement. Bangor Hydra's obligations
under this paragraph shall include, without limitation,
responsibility for testing, marking, storage and disposal of all
PCE items, including PCB -contaminated transformers currently in
use, if any, in accordance with all applicable laws and
regulations. Bangor Hydro shall indemnify and hold harmless the
City of Bangor, its officers and employees from and against any and
all costs and expenses associated with required environmental
compliance, accruing after the date of this Agreement, to include
reimbursement of any and all civil penalties and legal expenses
imposed on or incurred by the City of Bangor as a result of any
environmental enforcement actions initiated by federal or state
authorities. Bangor Hydro's indemnification of the City shall not
extend to costs of remediation, compliance, legal defense or civil
3-
v Penalties incurred on account of any release, uncontrolled
discharge Of hazardous substances, or other violations if any,
occurring prior to the date of this Agreement.
Bangor Hydro further agrees to defend, indemnify and hold
harmless the City of Bangor, its officers and employees, from and
against the claims of any person, including Bangor Hydro employees,
for personal injuries or property damage of any kind Or nature
received on account of or related to the equipment or facilities
transferred pursuant to this Agreement, and sustained after the
date of this Agreement. Without limitation, Bangor Hydro shall
defend, indemnify and hold harmless the City of Bangor, Its
officers and employees, in regard to all claims of Bangor Hydro
employees for personal injuries sustained while working or as a
result of work on the BIA electrical system.
For these purposes only, Bangor Hydro hereby waives any and
all immunity from contribution, suit, or judgment it may otherwise
enjoy under provisions of the Maine Workers' Compensation Act of
1992 39-A MRSA 5 101 et seg., or other provisions of law.
(6) In consideration of Bangor Hydra's agreement to be
responsible for testing, marking, storage and disposal of BOB
Items, including PCH -contaminated transformers, if any, currently
n use, and to indemnify the City of Bangor for costs and claims as
set out in Paragraph 3 above, the City of Bangor shall pay to
Bangor Hydro the sum of Seventeen Thousand Three Hundred Thirty -
Eight Dollars ($17,338.00), as a reimbursement of Bangor Hydra's
estimated costs to test and dispose of suspected PCB items and
PCB -contaminated transformers.
By their signatures below, the undersigned represent that
Bangor Hydro -Electric Company and the City of Bangor respectively
have taken all necessary steps to authorize execution of this
Agreement, and that upon execution this Agreement shall be fully
effective and binding upon the respective parties in every respect.
WITNESS our hands and corporate seals the day and year first
written above.
BANGOR HYDRO -ELECTRIC CO.
(BY) B
Witness1
(Title( S'emo. Uvu-Pres aewi:Y
C11 Opo +Cv�5 04*; Cn
CITY OF BANGOR
(BY) 8446 4
witness N Edward A. Barrett
(Title) City Manager
-4 -
STATE OF MAINE
PENOBSCOT, as. August
//�� aQ 1999
Then personally apppared the above-named oarroll 2. L t
in his capacity as Sc.V.P.$ C.0,0. of said Bangor Hydro -Electric
Company, and acknowledged the foregoing instrument to be his free
act and deed in his said capacity, and the free act and deed of
said corporation.
Before me,
Notary Public/API
Printed Name: I kl I
W.Pff=U PT
WCO� WxF#1� 14'Baai
STATE OF MAINE
PENOBBCOT, as. August PS' 1999
Then personally appeared the above-named EDWARD A. BARRETT,
in his capacity as City Manager of said City of Bangor, and
acknowledged the foregoing instrument to be his free act and deed
n his said capacity, and the free act and deed of said body
corporate.
Before me, VA
Nees" P 'tee/Attorn -at-Law
Printed Name: Erik M. Stumpfel, Esq.
BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS, That the CITY OF BANGOR, a
municipal corporation located in Bangor, Penobscot County, State of
Maine, being the owner of certain goods and chattels described
below and located in said Bangor, for consideration paid by BANGOR
HYDROELECTRIC COMPANY, a Maine corporation having a place of
business at 33 State Street, Bangor, Maine, the receipt whereof is
hereby acknowledged, does hereby grant, sell, convey, transfer and
deliver, unto said Bangor Hydro -Electric Company, the following
described goods and chattels, namely:
Electrical transmission and distribution
facilities located at the city's Bangor
International Airport, consisting of poles,
anchors, and wires with all existing
fixtures and supports, including trans-
formers and control panels, now located
within the easement areas described on two
plans by Bangor Hydro -Electric Company
titled "BIA Electrical Distribution System
pages I and 2", dated May 30, 1997, to be
recorded at the Penobscot county Registry of
Deeds.
Electrical transformers transferred by this
Bill of Sale are listed in Exhibit A,
attached hereto.
TO HAVE AND TO HOLD all and singular the said goods and
chattels to the said Bangor Hydro -Electric Company, its successors
and assigns, to their own use and behoof forever.
Said goods and chattels herein conveyed are transferred as
is; where is; with all faults, known or unknown; without warranty
of any kind, express or implied; and not in the regular course of
business.
Said goods and chattels, to the extent consisting of former
surplus military property of the United States located on land
previously conveyed by the United States of America to the City of
Bangor by two deeds recorded in Back 2148, Page 67 and Book 2156,
Page 449, Penobscot County Registry of Deeds, respectively, are
conveyed with the consent of the United States Department of
Transportation, Federal Aviation Adtinistratioa, by letter from
Charles J. Waterman, Special Projects Officer, New England Region,
dated December 22, 1994, a copy of which is attached hereto as
Exhibit B and incorporated herein by reference.
IN WITNESS WHEREOF, the said City of Bangor has caused this
instrument to be executed by its duly authorized representative
this 25*h day of August, A.D.. 1997.
CITY OF RANCOR
witness Edward A. Barrett
Its City Manager
APPROVED AS TO FORM:
ki 5 u%
City Solicitor
STATE OF MAINE ^`
PENOBSCOT, as. August O� , 1997
Then personally appeared the above-named EDWARD A. BARRETT,
City Manager, and acknowledged the foregoing instrument to be his
free act and deed in his said capacity, and the free act and deed
of said body corporate.
Before me,^ „ b^I (��
Print. ALi Erik
d Stum
Printed Name: Erik T!. Stumpfel ,- Esa
��
Electrical Transformers transferred by City at Bangor to Bangor
Hydro -Electric Company:
LOCATION
Q
EVA
Maine Avenue City Garage
3
50
Maine Avenue off P. (Motor
Pool)
3
37.5
Maine Avenue (Rear NYNEX)
1
10
Maine Avenue P.11
1
10
Florida Avenue off P.15, P.15-2
1
50
Florida Avenue P.8 1/2
3
10
Arthur Street
3
10
Florida Avenue P.5
1
25
Maine Avenue P.5
1
10
Maine Avenue P.21
3
25
Maine Avenue Ext. off P.23,
P.1
3
15
Illinois Avenue P.33
1
to
Buchanan Street Ext. PAD
3
25
Buchanan Street Ext 'P.SE3
3
37.5
Buchanan Street Ext, off P.11
3
25
Buchanan Street Ext. P.15
3
15
Off Griffin Road Building
466
3
15
Off Griffin Road Building
461
1
10
Off Griffin Road Building
463
3
100
Off Utah Avenue
3
50
Off Utah Avenue
3
75
Off Utah Avenue
3
100
Off Puller Road P.8
3
15
The following locations currently have primary metering and the
transformers located beyond those meters will remain the property
of the City of Bangor:
LOCATION
Domestic terminal
International terminal
Florida Avenue Building 221
Maine Avenue Ext. Building 252
Maine Avenue (near HamToad Street)
Texas Avenue (City Hospital)
Off Fuller Road (old pump house) FAA
.. a EXHIBIT B
us Deparmrem
of rm putaeon
Federal Avadon _
Ad inmumtian
December 22, 1994 -
Mr. Bob W. Ziegelaar
Aimort Director
Bangor international Airporc
299 Godfrey Blvd.
Bangor, Maine 04901
_gym w.
=�Fsx
paw
Dear Mr. Ziegelaar:
This is in response to your letter of December 19, 1999
We have no objection to the
e proposed transfer o'- the
airoort's ower grid" to Sancor Hydro Electric Company
subject to the line - ding that they will provide
electrical service to least the limits of aXisting
capacity to all current and potential users at the airport
on a n-discriminatea-y basis at no more than normally
prevailing rates.
If there are any revenues derived from this transfer o
subsecuently derived from salvage of any of the existing
plant (which we seriously doubt), they should be dedicated
to a wort purposes.
/si�nncc(erre�ly,
ar"£ les j. Waterman
Special projects Officer
[)CC 2 71194