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RES 91134
City of Pleasanton
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RES 91134
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5/4/2012 1:37:29 PM
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7/28/1999 6:33:59 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
8/20/1991
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construction, the sum of $ N/A (those listed in Appendix A, if any, to pay <br />the balance of the required total advance). PGandE will not commence <br />installation of the Distribution System required to provide service hereunder <br />until Applicant, and the others, if any, to receive service from the <br />Distribution System have paid the total excess footage payment. <br />(b) In lieu of making the payments in Section 4(a) hereof, <br />Applicant may, at its option, install the Distribution System at its expense, <br />in accordance with the attached plans, specifications, and general terms <br />and conditions, using qualified contractors, as provided in Appendix "B" <br />attached. Applicant hereby grants and conveys to PGandE, its successors and <br />assigns, all rights, title and interest in and to all such Distribution System <br />together with all necessary rights of way and easements therefore, free and <br />clear of all liens and encumbrances, upon acceptance of the installation, by <br />PGandE, in accordance with the terms and conditions of this agreement. Under <br />this Section 4(b), $ N/A will be credited to Applicant as the excess footage <br />payment. <br />5. The total service pipe extension on private property is 285 <br />feet; the free extension allowance authorized by PGandE's Rule No. 16 <br />is 60 feet based on the promised installation of the Equipment. The <br />payment of the Rule 16 advance specified in Appendix A hereof is required by <br />said Rule No. 16 and is subject to refund upon notice to PGandE as provided in <br />that rule for gas equipment in addition to that specified above installed <br />within one year of commencing service. <br />6. If for any reason Applicant fails to comply fully with the <br />requirements of Section 1, Applicant shall pay to PGandE on demand, an <br />additional excess footage payment equal to the difference between the total <br />excess footage payment specified in Sections 4 and 5 and the required total <br />excess footage payment recalculated under Rule Nos. 15 and 16 on the basis of <br />equipment, if any, actually installed and used by Applicant in the manner and <br />for the time specified in Section 1. In addition, Applicant shall pay to <br />PGandE an amount, not subject to refund, equivalent to the cost, as estimated <br />by PGandE, of installing and removing and /or abandoning any of PGandE's <br />facilities installed hereunder which are made idle by Applicant's failure to <br />comply fully with Section 1 or of replacing facilities made idle in part with <br />those of lesser capacity, as the case may be, except that if Applicant wholly <br />fails to take service, or ceases to take service before the expiration of the <br />time specified in Section 1, from a main extension constructed solely to serve <br />Applicant and not used to serve others then Applicant shall pay such <br />installation and removal costs and any excess footage payments previously made <br />by him shall be applied as a credit. <br />7. All excess footage payments made by Applicant hereunder shall <br />be subject to refund to Applicant, without interest, in accordance with the <br />provisions of Rule Nos. 15 and 16. Where there is a series of extensions, on <br />any of which an advance is still refundable, and PGandE makes succeeding free <br />extensions with excess allowances or where additional gas loads or customers <br />connect to succeeding extensions, refunds will be made to. repay in turn each of <br />such advances which remain refundable beginning with the first in series, <br />chronologically, from the original point of supply. <br />8. Applicant shall pay PGandE monthly for gas service at any <br />established office of PGandE. <br />-2- 62 -4517 <br />
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