HomeMy WebLinkAbout2003-037
'. ,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
,
RESOLUTION NO. 2003-37
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO GRANTING A REVOCABLE LICENSE TO THE
SOUTHERN CALIFORNIA GAS COMPANY FOR ITS OPERATIONS IN THE CITY
OF SAN BERNARDINO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor is hereby authorized to Sign a revocable license with
Southern California Gas Company for its operations in the City of San Bernardino commencing
February I, 2003 for 120 days, a copy of which is attached hereto, marked Exhibit "A" and
incorporated herein by reference as though fully set forth at length.
SECTION 2. This Resolution is rescinded if the parties to the Revocable License fail to
execute it within sixty (60) days of the passage of the Resolution.
III
III
III
III
III
III
III
III
III
III
III
. ,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
,
2003-37
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO GRANTING A REVOCABLE LICENSE TO THE
SOUTHERN CALIFORNIA GAS COMPANY FOR ITS OPERATIONS IN THE CITY
OF SAN BERNARDINO.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
j t.
and Common Council of the City of San Bernardino at a reg. meeting thereof, held on the
21stdayof January ,2003, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
x
LIEN LONGVILLE
x
MCGINNIS
x
DERRY
x
SUAREZ
x
ANDERSON
x
MCCAMMACK
x
5J2tUbJJ.j
City Clerk
The foregoing resolution is hereby approved this '27 T~J day of January .' 2003.
r?7)
, fH/
Nell Derr)'rl'o'tlfYor Pro Tern
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attomey
By:
. .
EXHIBIT A
<
2003-37
REVOCABLE LICENSE
Whereas, the gas franchise agreement of Southern California Gas Company ("Licensee") expires as of
January 3D, 2003, and Licensee has requested, but has not yet obtained, a new franchise agreement;
Whereas, Licensee, pursuant to San Bernardino Municipal Code Chapter 14.04, has made a written
application requesting the Major and Common Council to issue the Licensee a written revocable license,
for a term not to exceed one hundred-twenty (120) days from the expiration of the License, permitting the
Licensee to continue to locate its existing facilities in or upon public property in the City during the term of
the license.
Whereas, the Mayor and Common Council has determined that it is in the public interest to issue a
revocable license to Licensee, subject to the following restrictions, terms, and conditions:
I. DEFINITIONS
Whenever the words or phrases hereinafter in this section defined are used, they shall
have the respective meanings assigned to them in the fOllowing definitions (unless, in the given instance,
the context wherein they are used shall clearly import a different meaning):
(a) The word "Licensee" shall mean Southern California Gas Company, and its lawful
successors or assigns;
(b) The word "City" shall mean the City of San Bernardino, a Charter City and a
municipal corporation of the State of California, in its present incorporated form or in any later reorganized,
consolidated or reincorporated form;
(c) The word "streets" shall mean the pubiic streets, ways, alleys and places as the
same now or may hereafter exist within said City;
(d) The word "Engineer" shall mean the City Engineer of the City;
(e) The word "License" shall mean and include any authorization granted hereunder
in terms of a License, privilege, permit, license or otherwise to lay and use pipes and appurtenances for
transmitting and distributing gas for any and all purposes under, along, across or upon the public streets,
ways, alleys and places in the City, and shall include and be in lieu of any existing or future City
requirement to obtain a license or permit for the privilege of transacting and carrying on a business within
the City;
(f) The word "gas" shall mean natural or manufactured gas, or a mixture of natural
and manufactured gas;
(g) The phrase "pipes and appurtenances" shall mean pipe, pipeiine, cable, main,
service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, appliance, attachment,
appurtenance 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, or in carrying on the business of, transmitting and distributing
gas;
2003-37
II. REVOCABLE LICENSE.
A. Pursuant to San Bernardino Municipal Code Chapter 14.04, the City does hereby issue a revocable
license to Licensee to temporarily use its existing pipes and appurtenances, in their existing locations, for
transmitting and distributing gas for any and all purposes, under, along, across or upon the streets of City
for a period not to exceed one hundred twenty (120) days, commencing February 1, 2D03.
B. City shall have the right to revoke this License, without cause, and at any time, by giving Licensee thirty
(30) days prior written notice of revocation.
C. Except as otherwise specifically provided herein, the terms and conditions of the existing gas franchise
agreement dated January 30, 1953, are hereby incorporated in this License.
D. Licensee shall pay the City, as compensation for the effective period of the License, the higher of:
(i) the amount calculated using the compensation formula to be established in the new franchise
agreement; or (Ii) the amount calculated using the compensation formula applicable in 2002 under the
previous franchise agreement.
E. Any notices under this License shall be in writing and be delivered by courier service or by certified
mail, return receipt requested, or by telecopy with a confirming copy mailed (first class mail) by the next
business day, to the other party at the address shown below or at such other address as the party may
designate by written notice delivered in the manner provided for herein:
City of San Bernardino
Attn: City Clerk, City Administrator
300 North D Street
San Bernardino, CA 92418
Southern California Gas Company
Attn: License Manager
555 West Fifth Street
P.O. Box 3249
Los Angeles. CA 90051-1249
Telecopy number: 213-244-8212
Confirmation number: 213-244-5060
CITY OF SAN BERNARDINO
Judith Valles, Mayor
Date: January . 2003
SOUTHERN CALIFORNIA GAS COMPANY
Date: January ,2003
- 2 -
CAC1013 7 - 6/ 6/02
San Bernardino County/San Bernardino
,
2003-37
REVOCABLE LICENSE
Whereas, the gas franchise agreement of Southern California Gas Company ("Licensee") expires as of
January 30, 20D3, and Licensee has requested, but has not yet obtained, a new franchise agreement;
Whereas, Licensee, pursuant to San Bernardino Municipal Code Chapter 14.04, has made a written
application requesting the Major and Common Council to issue the Licensee a written revocable license,
for a term not to exceed one hundred-twenty (120) days from the expiration of the License, permitting the
Licensee to continue to locate its existing facilities in or upon public property in the City during the term of
the license.
Whereas, the Mayor and Common Council has determined that it is in the public interest to issue a
revocable license to Licensee, subject to the following restrictions, terms, and conditions:
I. DEFINITIONS
Whenever the words or phrases hereinafter in this section defined are used, they shall
have the respective meanings assigned to them in the following definitions (unless, in the given instance,
the context wherein they are used shall clearly import a different meaning):
(a) The word "Licensee" shall mean Southern California Gas Company, and its lawful
successors or assigns;
(b) The word "City" shall mean the City of San Bernardino, a Charter City and a
municipal corporation of the State of California, in its present incorporated form or in any later reorganized,
consolidated 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;
(d) The word "Engineer" shall mean the City Engineer of the City;
(e) The word "License" shall mean and include any authorization granted hereunder
in terms of a License, privilege, permit, license or otherwise to lay and use pipes and appurtenances for
transmitting and distributing gas for any and all purposes under, along, across or upon the public streets,
ways, alleys and places in the City, and shall include and be in lieu of any existing or future City
requirement to obtain a license or permit for the privilege of transacting and carrying on a business within
the City;
(f) The word "gas" shall mean naturai or manufactured gas, or a mixture of natural
and manufactured gas;
(g) The phrase "pipes and appurtenances" shall mean pipe, pipeline, cable, main,
service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, appliance, attachment,
appurtenance 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, or in carrying on the business of, transmitting and distributing
gas;
,
.
2003-37
II. REVOCABLE LICENSE.
A. Pursuant to San Bernardino Municipal Code Chapter 14.04, the City does hereby issue a revocable
license to Licensee to temporarily use its existing pipes and appurtenances, in their existing locations, for
transmitting and distributing gas for any and all purposes, under, along, across or upon the streets of City
for a period not to exceed one hundred twenty (120) days, commencing February 1, 2003.
B. City shall have the right to revoke this License, without cause, and at any time, by giving Licensee thirty
(30) days prior written notice of revocation.
C. Except as otherwise specifically provided herein, the terms and conditions of the existing gas franchise
agreement dated January 3D, 1953, are hereby incorporated in this License.
D. Licensee shell pay the City, as compensation for this License, the higher of: i) that amount calculated
using the compensation formula established in the new gas franchise agreement; or, ii) 2% of the gross
receipts of the Grantee derived from the sale, transmission, or distribution of gas, or from providing any
other service, within the limits of the City during the term of this License.
E. Any notices under this License shall be in writing and be delivered by courier service or by certified
mail, return receipt requested, or by telecopy with a confirming copy mailed (first class mail) by the next
business day, to the other party at the address shown below or at such other address as the party may
designate by written notice delivered in the manner provided for herein:
City of San Bernardino
Attn: City Clerk, City Administrator
300 North D Street
San Bernardino, CA 92418
Southern California Gas Company
Attn: License Manager
555 West Fifth Street
P.O. Box 3249
Los Angeles, CA 90051-1249
Telecopy number: 213-244-8212
Confirmation number: 213-244-5060
C'~'Q
~Cil Derry~or Pro Tcm
Date: January ,2003
Date: January ,2003
- 2 -
eAC1013 7 -6/ 6/ 02
San Bernardino County/San Bernardino