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HomeMy WebLinkAboutContracts & Agreements_10-1947 SOUTHERN CALIFORNIA GAS COMPANY 18 67 570 FOURTH STREET J M.COS,TA. • Sales Supermar,Eastern Dsvxsi" SAN BERNARDINO, CAL70RMA November 13, 1947 Mr. G. W. Coffey City Services Manager City of Redlands City Hall Redlands, California Dear Mr. Coffey: Attached herewith is an executed copy of the contract for temporary service extension which you signed several months ago. This contract covers temporary service for the Veterans ' Emergency Housing Project at Texas and Lugonia Avenues, Redlands, California. If we may be of further service, please do not hesitate to call on US. Very truly yours, SOUTHERN CALIFORNIA GAS COMPANY V. M. -� r. Division 5a es Supervisor jmC/m5 \. 5 Southern California Gas Company CONTRACT FOR TEMPORARY SERVICE EXTENSION (Installed Under Rule and Regulation No 22) TEMPORARY HOUSING PROIECTS THIS AGREEMENT, entered into this lag_ day of ­ , 194 , by and between SOUTHERN CALIFORNIA. GkS COMPANY, a Corporation, hereinafter called the "Company, " and F signatory hereto, hereinafter called the ApDlicant.fl WITNESSETH THAT WHEREAS, the Applicant has requested the Company to install a gas main and/or service extension for ncyh - Texas and Lugania hys"neal #x-14$"E'vnQ- -' and WHEREAS, the gas main and/or service extension applied for will be installed by the Company in accoraance with its Rule and Regulation No. 22 filed with the Railroad Commission of the Sty to of California., a. ropy of which is hereto attached and made a part hereof, and W9FREAS, it will be necessary for the Applicant to advance to the Company, before said main and/or service extorsion is installed, an amount of money equal to the estimated cost of facilities in accordance with the applicable provisions of Section (b) of the said Rule and Regulation, amounting to a total of � _ NOW, THEREFORE, in consideration thereof and of the mutual promises and agreements herein contained, and the advance by the Applicant of the sum of the receipt whereof is hereb` acknowledged, it is mutually agreed by an Len the parties hereto as follows (1) The Company agrees to install a gas main and/or service extension in accordance with its Rule axil Regulation Fo . 22, substantially as follows. Install 1 of 1" service line and necessary facilities for a meter. (2) It is arced that the amount of money advanced by the kpplicant to the Company, will be subject to refund without interest during a period not in excess of ten (10) years and thirty (30) days from the installation date of the meter, in accordance with the applicable provisions of Section (c) of said Rule and Regulation. 1-- (3) The Company shall not be liable for failure to install said main and/or service extension if such failure is due to non--receipt of material, strikes, inability to secure any necessary franchises or rights of way at reasonable cost or to other causes beyond its control In the event that by reason thereof, said main and/or service extension is not installed within a Period of two (2) months from the date hereof, this contract shall be r_ull and void and all moneys ad- ve zed pursuant to the terms hereof, and not used, shall be returned to the Applicant (4) This contract shall at all tiraes be subject to such changes or morlifica- t4ons by the Railroad Commission of the State of California as said Commission may from time to time direct in the exercise of its jurisdiction. (5) Neither this contract nor any part hereof, nor any refunds due or to become due hereunder, shall be assigned without the written_ consent of the Company and in the absence of such consent no assignment or attempted assignment will be recognized by the Company (6) All terms and stipulations heretofore made and agreed to by the parties in relation to said gas main and/or service emtension are mentioned in this agreement. No agent of the Company has authority to make, and the Applicant hereby waives any terms or representations not contained herein and agrees that the Company shall not be bound thereby. IN WITNESS WHEREOF, the parties have duly executed these presents the day and year first above written. SOUTHERN CALIFORNIA GAS COMPANY APPLICANT CITY OFF REDLANDS By Ey _ ----- Titlet 1©ri airs supei31isor Title �i3s� s City Services Manager Address Citv Hall, Redlands ,Cal if. -2- Revsed—C R C Sheet No.�M7-0 SOUTHERN CALIFORNIA GAS COMPANY — - Los ANGEL rM CAL WORNIA Cancellivg Revised I.R.C. Sheet No. 3516--G RULE AND REGUTATI02T IRWER 22 TF14PORARY SERVICE (a) Definition of Temporary Services Temporary service, for purposes hereof, refers to service of a temporary nature, and to operations of a speculative character or questionable permanence, as follows : (1) Temporary structures and/or transitory business, such as tents, cabins, construction camps or projects, circuses, bazaars, fairs and concessions, whose -oeraod of service car be -oreOeterm. ined; (2) Transitory business, such as temporary restaurants, roadside stands, labor camps, trailer camps and other enterprises, whose period of operation due to their character and/or location is of speculative nature and/or of questionable permanence; (3) Military establishments, whose period of operation_ is uncertain and/or whose fuel requirements are subject to change or are indefinite, and (4) Housing projectsor multiple dwellings, consisting of semi- permanent and/or deriountable structures, whose period of operation is uncertain and/or whose occupancy is indefinite (b) Advance for Main and/or Service Extension; The Coiypany will. (if in its judgment the su-n-plying of such service will not work an up-due hardship upon it or its then_ existing consumers) sup-oly temporary service unless otherwise specifically provided for by applied rate schedule, in accordance with the following: (1) The applicant for ter. orary service of the character set forth by Section (a)-(1) , will be required to pay to the Conpany the esti- mated net cost ( inclusive of direct, indirect and overhead costs) of installation_ and removal and/or abandonment of all facilities, necessary in the ,judgment of the Corq)any to render adequate ser- vice. Such payment will be nade at the time of the execution of the agreement covering the installation of such facilities, and will not be subject to refund except as provided in Section (c)- (3)--(I) (2) The applicant for te,. morary service of the character set forth by Sectior (a.)-(2) , or to military establishments or temorary housing projectsoset forth by Sections (a)-(3) and (a)-(4) , will be required to advance to the Company (subject to refund in accordance with the applicable provisions of Section (c) hereof) the estimated cost (inclusive of direct, indirect and overhead costs) of all facilities to be installed,sucn cost, in the case of master meter installations, (Ta bo inserted by ntaLty) Issued by (To be inserted by CC,.R C) d May t F Date Filed ,,lg4r, Advise Na. 259 H. L. Masser, DaJune 5,195 Executive Vice-President Effective Dec. No. G--558 — 390 Resolution No. SOUTHERN CALIFORNIA GAS COMPANY Revised C.R.C. Sheet No. 3517-G Los ANGELES CALIFORNIA Cancelling Revisedr,R,C Sheet No. 313+--G RULE AND REGM A,TION NUMBER 22 TEMPORARY SERVICE (Cvntiruecl) (b) Advance for Mair_ and/or Service Extension: (Continued) (2) (Continued) to be exclusive of material cost of one meter and one regulator, and in case of individual meter installations, to be exclusive of material cost of all meters qnd regulators, necessary in the judgment of the ConTany to render adequate service. Such advance will be made at the time of the execution of the agreement cover- ing the installation of such facilities; but the facilities so installed shall be the property of the Company; and the Company shall operate and maintain such facilities. (3) The applicant for temporary service whose credit has not been established with the Company will be required to deposit with the Company, subject to refund when all bills for gas service have been paid, in accordance with Section (b) of Rule and Regulation No. S, an amount of money equal to twice the periodic bill as estimated by the Company for such service, or to other- wise secure in a manner satisfactory to the Company, the payment of any bills which accrue by reason of such gas service. (c) Method for Refund of Advance for Main and/or Service Extension; For service to transitory business set forth by Section (a)-(2)' (1) If service for such transitory business of a continual (and not seasonal and/or intermittent) nature is terminated at any time within one (1) year from the installation date of the meter, or if such temporary service of a seasonal or intermittent character is terminated at any time within a period of three (3) yeaxs from the installation date of the meter, the mount of honey advanced by the applicant or the consumer in accordance with Section (b)- (2) , will remain the property of the Company In such event the Company may, at its option, remove and/or abandon all or any part of the facilities installed therefor. (2) If service for transitory business of a continual (and not seasonal or intermittent) nature :has been rendered for a period in excess of one (1) year from the installation date of the meter, or if such temporary service of a seasonal and/or intermittent character hes been rendered for a period in excess of three (3) years from the installation date of the meter, the Company will return, in accor- dance with the applicable provisions of Rules and. Regulations Nos. 20 and 21, the amount advanced for the installation of such facil- ities, as provided in Section (b)-(2) . (To be inserted by uuitty) Issued b (To be inserted , Advice No.�}, e �pC rz C731941 H. L Masser, Date Filed Dec. No. May 27,1944 Executive Vice-President Effective 988 G-44l Resolution No RevisedC.R.0 Sheet No. 3$g-_G___ SOUTHERN CALIFORNIA GAS COMPANY Los ANGELES, CALIFORNIA Caneellivg Revised C R.C. Sheet No. 3519--G RULE AND REGULATION NUMBER 22 TEMPORARY SERVICE (Continued) (c) Method for Refund of Advance for Main and/or Service Extension: (Contfd) For service to temporary structures and/or transitory business set forth by Sections (a).-(l) and (a)-.(2) : (3)-(I) When a service pipe (not a main and service) to supply premises occupied by a bona fide applicant of a permanent and established character (who will use gas under filed gas rate schedule) , will be or has been connected under Rule and Regulation No. 21, to a main installed or to oe installed for temporary service of the character set forth by Sections (a)-(1) and (a)-(2) , allowance or refund for such premises will be made to the applicant or the con- sumer of such temporary service in accordance with the applicable provisions of Rule and Regulation No. 20. (3)-(II) When a service pipe (not a main and service) installed or to be installed under the provisions of this rule and regulation to supply temporary service of the character set forth by Sections (a)-(1) and (a)-(2) , is connected to a main extension installed under the provisions of Rule and Regulation No. 20, applicant or the consumer of such main extension, or prior extensions in series, will not be e*?titled to allowance or refund for premises supplied such temporary service until gas service has been rendered as follows: (a) for the period in excess of one (1) year :From the installation date of the meter when such temporary service is continual (and not seasonal and/or intermittent) and (b) for a period in excess of three (3) years from the installation date of the meter when such temporary service is seasonal and/or intermittent. After such time the allowance or refund due for premises supplied such temporary service, will be made to the applicant or the consumer of said main extension., or prior main extensions, in accordance with the applicable provisions of Rule and Regulation ITo 20 R For service to military establishments or temporary housing projects set forth under Sections N -(3) and (a.)-(4) hereof, unless or until changed by the provisions of the applied rate schedule: (To be fn=ted by utdity) Issued by (To be inserted by C R C) Advice No. 259 H. L. Masser, mate Filer r,194 Dec No. Executive Vice—President Rffective__J_une 5,�' . - Sao Resolution No. r_g59 Revised r,.R C. Sheet No. 17yzc--(= SOUTHERN CALIFORNIA GAS COMPANY ' Los ANGELES CALWORNIA Cancelling Revised P.R.C. Sheet No. 3519--G RULE AND RD,GULATIOPT NUMBER 22 TEMPORARY SERVICE (Continued) (c) Method for Refund of Advance for Main and/or Service Extension: (Cont'd) (4) If gas service to military establishment or temporary housing project supplied under the provisions of this rule and regu- lation is terminated at any time within a period of three (3) years from the installation date of the meter, the amount of money advanced by the applicant or the consumer in accordance with Section (b)-(2) , will remain the property of the Company and the Company will, at its option, tra,rsfer to the applicant or the consumer the installed -pipeline for the purpose of salvage, or will pay the applicant or the consumer the mutually agreed upon net salvage value of the main and/or service exten- sion to the Company, (5) If gas service to military establishment or temporary housing project supplied in accordance with the provisions of Section (b)-(2) , has been rendered for a period in excess of three (3) years from the installation date of the meter, then the Company will refund the advance, by credit to subsequent monthly bill- ings for said service as follows: (a) for billing under filed general or commercial schedule, at ten percent (10%) of the total revenue received. during such three (3) year period and thereafter, currently, at ten percent (10%) of each suosequent month billing; and/or (b) for billing under filed gas engine or industrial schedule, an amount calculatedd in accordance with the provisions of Rule and Regulation No, 20, subject to pro-- visions of Sections (0--(7) and (c)-W - (6) c).-W .(6) If hereunder an advance is Made, an accordpnce with Section (b)--(2) , for the installation of main and/or service extension to supply Military establishment or temporary housing project, and thereafter the premises of other consumers are served therefrom by main anal/or service extension made under the provisions of Rules and Regulations Pros . 20 and 21, then the Commany will refund, by current credit to the monthly billing for said temporary service, as follows : (a) for service supplied such additional premises under general or commercial schedule, at five percent (5%) of the current monthly billing for such other premises; and (b) for service supplied such additional premises under filed gas engine or industrial schedule, an amount calculated for such other premises in accordance with the provisions of Rule and Regulation No. 20, subject to provisions of Sections (e)--(7) and (c)-(9) , (To be inserted by utility) Issued by (To be inserted by C R C 7 Advice No. 25S H. L. Masser, pate Filets May 6,1946 Dec. No. Executive Vice-President Effectivp June 99a Resolution No. G-55' a e, c SOUTHERN CALIFORNIA GAS COMPANY Revised C.R.C. Sheet No. 3796-G Los ANGELES, CALIFORNIA Cancelling :Revised C.R.C. Sheet Ne. 3520--G RU=2 AND REGUTATION NUMBER 22 TEMPORARY SERVICE (Continued) (c) Method for Refund of Advance for Main and/or Service Extension: (Cont'd) (7) Any and all money advanced hereunder for service to military establishment or temporary housing project, as set forth under Sections (a)--(3) and (a)--M , shall be subject to refund with- out interest, during a period not to exceed ten (10) years and thirty (30) days from the date of the meter installation. At the expiration of the aforesaid period any amount of money not refunded under the terms and conditions hereof, shall remain the property of the Company, but in the event of termination of said service at any time subsequent to the initial three (3) year period of service, the Company will, at its option, trans- fer to the applicant or the consumer, the installed pipeline for purposes of salvage, or will pay the applicant or the con- sumer the mutually agreed upon net salvage value of the main and/or service extension to the Company In any event, such net salvage value shall not be in excess of the unrefunded or forfeited advance for such temporary service; nor shall the accumulated credits for refunds, made in accordance with any and all provisions hereof plus net salvage value, exceed the net amount of money advanced. (S) No credit for billing or refund or allowance for main and/or service extension supplying service hereunder for military establishment or termorary housing; prcject, will be made or accrue to applicant for or consumer of (a) any prior extension in series with such temporary extension, (b) any other such temporary extension, and (c) any other main extension. (To be inserted by utility) Issued by (To be inserted by C R C) .Advice No. H. L. Masser, Date Filea �iay "',19 -6 Dec. No. Executive Vice—President Effective Tune 5,1946 sea Resolution No q-M8