HomeMy WebLinkAboutResolution No. 5356RESOLUTION NO. 5356
A RESOLUTION AUTHORIZING THE SIGNING OF
A LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES AS FOLLOWS:
The Mayor and City Clerk are authorized to execute, on
behalf of the City of San Rafael, a lease or agreement with PACIFIC
GAS AND ELECTRIC COMPANY, a copy of which is hereto attached and by
this reference made a part hereof.
I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael,
hereby certify that the foregoing resolution was duly and regularly
introduced and adopted at a regular meeting of the City Council of said
City held on Tuesday, the sixth day of September, 1977, by the following
vote, to wit:
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
NNE M. LEONCINI, City Clerk
O'S R 1 %4 N A L S3.�4
(PACIFIC GAS AND ELECTRIC COMPANY
GAS SERVICE CONTRACT
This contract cancels and supersedes that certain
gas contract dated September r, 1977 erltitled
"Pacific Gas and Electric Company Gas Clain Extension and Service greem-ent
Mon residential Priority P-1.
REFERENCE
G.O. 2675
5.0. 44291
City of San Rafael
------------------------......................................... .... •-----•-•--....................................................... ..........................................................>
hereinafter called Customer, hereby agrees to purchase from PACIFIC GAS AND ELECTRIC COMPANY, hereinafter
called Pacific, and Pacific hereby agrees to sell and deliver to Customer during the term hereof, all of the gas service required
for the operation of Customer's gas-fired apparatus, upon Customer's premises at . . .................:...........................................
Golf Avenue,San Rafael
.........................••-•-- I ......................................................... .-...................... ---.............. ...................................................................
State of California, all in accordance with the applicable rates and rules legally established from time to time and on file with
the Public Utilities Commission of the State of California. Customer shall pay Pacific monthly for said service at any estab-
lished office of Pacific. For the initial purposes hereof Customer hereby selects Schedule No...............C.JX
natural �a5 Service," a copy of which schedule is hereunto annexed, as the schedule
of rates and charges applicable hereunder.
Customer agrees that the rated capacity of the gas-fired apparatus to be operated by Customer hereunder shall at no time
be less than the sum of the rated capacities of the following equipment:
Cooking,Water Heating and Building HeatingEquipment (corre%rcial units)
---••----------••--•---•--•-•----•-•-•--•-•-•-•••-•--------•-••---------------------•--•-••-•-.•----••.•--.--•---------------••-•------•--------•--•-•--------•••••-••...............-•----•...---
500,000 BTU (1 meter)
.-......------.-----------------------------------------------••-•--•---------•••-••-••-•--------•--------------•••-•---..........•--•-............................................ ....................
Delivery of gas hereunder by Pacific shall be at the point where pipes owned, leased or under license by Customer contact
Pacific's pipes, but for the convenience of the parties hereto said gas may be regulated .ind/or metered at such location on the
Customer's side of said point of delivery as shall be agreed upon by the parties hereto.
This contract shall continue in force for an initial term of ................._ ..............................................years from and after
date of meter set
--------------------------------------------------------------- and thereafter from year to year until terminated at the end of said initial term
or subsequent year by either party hereto giving the other thirty (30) days' prior written notice thereof.
Customer may, with Pacific's written consent, assign this contract if the assignee thereof will in writing agree to perform
this contract.
This contract shall at all times be subject to such changes or modifications by the Public Utilities Commission of the State
of California, as said Commission may, from time to time, direct in the exercise of its jurisdiction.
Executed this ............ --------.--day of .......................................
City of San Pafael
............................................. to - mer -......... ...... PACIFIC GAS AND ELECTRIC COMPANY
to
Attest: Mayor
----------------------------••. ...-•-••-•-•--••--•••---••-----••-•-•--•-----•--•--....
City Clerk
Mailing Address: -140.0= Fi i:tii hf
_:-t .................................
San Rafael, Ca. 94901
By:.......•••••---•-•--•-•-•--•-•--•--••-•........••-•••-••----••-•----•-----•---------------•
Nianager "Ir" ti, P,- Division
1..... .
CL.
.i c. 0sZa610 REV. a -e1-20 PAoa
`•....
... ..------
f cGINA A. BUC1-IANAN - Deputy City Clerk
COPIES
❑
DIVISION
❑
APPLICANT
❑
POWER ACCOUNTS
❑
DISTRICT
(PACIFIC GAS AND ELECTRIC COMPANY
GAS SERVICE CONTRACT
This contract cancels and supersedes that certain
gas contract dated September r, 1977 erltitled
"Pacific Gas and Electric Company Gas Clain Extension and Service greem-ent
Mon residential Priority P-1.
REFERENCE
G.O. 2675
5.0. 44291
City of San Rafael
------------------------......................................... .... •-----•-•--....................................................... ..........................................................>
hereinafter called Customer, hereby agrees to purchase from PACIFIC GAS AND ELECTRIC COMPANY, hereinafter
called Pacific, and Pacific hereby agrees to sell and deliver to Customer during the term hereof, all of the gas service required
for the operation of Customer's gas-fired apparatus, upon Customer's premises at . . .................:...........................................
Golf Avenue,San Rafael
.........................••-•-- I ......................................................... .-...................... ---.............. ...................................................................
State of California, all in accordance with the applicable rates and rules legally established from time to time and on file with
the Public Utilities Commission of the State of California. Customer shall pay Pacific monthly for said service at any estab-
lished office of Pacific. For the initial purposes hereof Customer hereby selects Schedule No...............C.JX
natural �a5 Service," a copy of which schedule is hereunto annexed, as the schedule
of rates and charges applicable hereunder.
Customer agrees that the rated capacity of the gas-fired apparatus to be operated by Customer hereunder shall at no time
be less than the sum of the rated capacities of the following equipment:
Cooking,Water Heating and Building HeatingEquipment (corre%rcial units)
---••----------••--•---•--•-•----•-•-•--•-•-•-•••-•--------•-••---------------------•--•-••-•-.•----••.•--.--•---------------••-•------•--------•--•-•--------•••••-••...............-•----•...---
500,000 BTU (1 meter)
.-......------.-----------------------------------------------••-•--•---------•••-••-••-•--------•--------------•••-•---..........•--•-............................................ ....................
Delivery of gas hereunder by Pacific shall be at the point where pipes owned, leased or under license by Customer contact
Pacific's pipes, but for the convenience of the parties hereto said gas may be regulated .ind/or metered at such location on the
Customer's side of said point of delivery as shall be agreed upon by the parties hereto.
This contract shall continue in force for an initial term of ................._ ..............................................years from and after
date of meter set
--------------------------------------------------------------- and thereafter from year to year until terminated at the end of said initial term
or subsequent year by either party hereto giving the other thirty (30) days' prior written notice thereof.
Customer may, with Pacific's written consent, assign this contract if the assignee thereof will in writing agree to perform
this contract.
This contract shall at all times be subject to such changes or modifications by the Public Utilities Commission of the State
of California, as said Commission may, from time to time, direct in the exercise of its jurisdiction.
Executed this ............ --------.--day of .......................................
City of San Pafael
............................................. to - mer -......... ...... PACIFIC GAS AND ELECTRIC COMPANY
to
Attest: Mayor
----------------------------••. ...-•-••-•-•--••--•••---••-----••-•-•--•-----•--•--....
City Clerk
Mailing Address: -140.0= Fi i:tii hf
_:-t .................................
San Rafael, Ca. 94901
By:.......•••••---•-•--•-•-•--•-•--•--••-•........••-•••-••----••-•----•-----•---------------•
Nianager "Ir" ti, P,- Division
1..... .
CL.
.i c. 0sZa610 REV. a -e1-20 PAoa
`•....
... ..------
f cGINA A. BUC1-IANAN - Deputy City Clerk
Appl i cant •_ : _ _ F.EFERF '10. GG 2675
Division
District TER1iIIIATION DATE
Customer Accounting
PACIFIC GAS XID ELECTRIC COI1Pn;IY .
GAS MA 11.1 EXTENSIO11 _
AJID SERVICE AGREEI;E111'
NONRESIDENTIAL PRIORITY P1
j, CITY OF SAN RAFAEL (Applicant) agrees to purchase from
PACIFIC GAS A„D-ELECTRIC CO11PA,1Y (PGandE-) and PGandE agrees to install gas
supply facilities and to sell and deliver gas to Applicant, if and when PGandE
small have same available as to which PGandE shall be the sole judge up to but
not exceeding a maximum rate of flow of 0.5 thousand cubic feet per hour for
a total daily requirement of 12,0 thousand cubic feet for use by the Applicant
at GOLF AVENUE, Sail NAFAEL,r!ARI1,1 County, State of California. Gas
service shall*be supplied in accordance with and subject to PGandE's applicable
rates and rules established by it from tine to time and on file with the
California Public Utilities Commission (Commission).
2.Applicant intends to use the gas as a fuel in the operation of
the following described gas-fired equipment (Equipment) the classification of
use of which shall be priority P1 in accordance with Rule 'Io. 21, a copy of
which is attached:
COOKING ( 2 rt'CFM`,' per hour)
WATER HEATING 2 r.FJWF per hour)
BUILDING HEAT 21° CF r,,,r . oar
3. Applicant shall pay for gas service, at the rates and charges
applicable thereto, and as initially set forth in PGandE's presently effective
Schedule No. GlXrb selected by Appl i cant, a copy of ti;hi cls is attached.
Q. Gas sha delivered hereunder at th nt where the
facilities owned, leased, or under license by Applicant contact PGandE's
facilities.
5. To provide gas service to Applicant, PGandE shall install, own,
and maintain certain facilities which may consist of a gas main extension, a
:.service pipe extension and/or enlargement (Facilities) as shown on the attached
drawing marked Exhibit "A". PGandE's entire estimated cost to install the
Facilities of $ 277.00 (Payment) shall be paid to PGandE by Applicant on
demand and in advance of any construction by PGandE as a nonrefundable amount
in accordance with PGandE's Gas Rule No. 15, Section E.7 and/or Rule No. 16,
Section I.1, copies of which are attached. PGandE shall install, own and
maintain the necessary meter and regulator.
6. This agreement shall become effective when signed by the parties
and shall continue in effect from month -to month until terminated by either party
by giving the other party thirty days' advance written notice of termination,
provided, however, that if Applicant has not completed his obligations hereunder
within twelve (12) months following the effective date hereof, PGandE shall have
the right to terminate and/or supersede this agreement upon thirty (30) days'
written notice to Applicant and adjust any amount paid or require an additional
amount to be paid by Applicant to reimburse PSandE for any construction, engineering,
surveying, right of way acquisition or any other associate expenses incurred by
PGandE_ PGandE's rights under this section shall not be exclusive but shall be
in addition to any and all other legal or equitable remedies which PGandE may
have available.
7. Applicant agrees (a) to install any required foundation, slab
and/or enclosure for meters and regulators, the location and design of which
shall be approved by PG-ndE, (b) to install promptly piping adequate for the
utilization of gas for the operation of the Equipaicnt, (c) to install all of
the Equipiment within six months after the date PGandE is ready to supply gas
service hereunder and (d) thereafter to maintain and operate the EquiprrIent in
a bona fide manner.
2:
Revised (8/77)
B. All f ties installed by PGandE I -oder shall be and remain
the sole property of PGandE, and PGandE shall be entitled to remove or abandon
in place all or any portion of the facilities at PGandE's option, upon
termination of service. _- _ -
9. Applicant may, with PGandE's written consent, assign this agree
rent, if the assignee, thereof will, in writing, agree to perform Applicant's
obligations hereunder.
• 10. PGandE shall not be responsible for any delay in either the
performance of Applicant's obligations under this agreement or completion of
the Facilities by PGandE resulting from shortage of labor or materials, strike,
labor -disturbance, war, riot, weather conditions, governmental rule, regulation
or order, including orders or judgments of any court or commission, delay in
obtaining necessary rights of way, act of God, or any cause or condition beyond
the control of PGandE. PGandE shall have the right, in the event it is unable
to obtain supplies, material or labor for all its construction requirements, to
allocate materials and labor to construction -projects which it deems, in its --
sole discretion, most important to serve the needs of its customers, and delay
in construction hereunder resulting from such allocation shall be deemed a
cause beyond PGandE's control. - -
11. Applicant shall indemnify PGandE, its officers, agents and
employees, against all loss, damage, expense and liability resulting from
Injury to or death of person, including, but not limited to, employees of PGandE
or Applicant, or injury to property, including, but not limited to, property of
PGandE or Applicant, arising out of or in any ti,ray 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.
3:
12. This ap., it shall not .become effect -i _ til authorization
of the Commission is first obtained and shall at all tires be subject to such
.changes or modifications as the Commission
may, from time to time, direct in
the exercise of its jurisdiction.
- - Executed this Sixth
day of September , 1477
• -
PACIFIC GAS NID ELECTRIC C0�1PANY
MY OF SAN RAFAFL
r -Applicant
Its: vice—Mayor
;- -----�
For: Manager, NORTH BAY Division
1400 Fifth�Strleet
q
M al } ggff1ress
� }
San Rafag-1
Attachments:
Rule No. 15
Rule No. 16 x
Rul a No. 21
Schedule i10 . ri XP,
Exhibit "A" x
4:
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