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Home My WebLink About2003-100 ,u 1 RESOLUTION NO. 2003-100 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING AMENDMENT NO. 1 TO THE REVOCABLE LICENSE OF THE SOUTHERN 3 CALIFORNIA GAS COMPANY AND EXTENDING THE TERM TO SEPTEMBER 30,2003. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 SECTION 1. The Mayor is hereby authorized to sign Amendment No. I to the Revocable 7 License of the Southern California Gas Company for its operations in the City of San Bernardino. 8 Amendment No. I, attached hereto and incorporated herein as Exhibit "A", extends the term of the 9 Revocable License adopted by the Mayor and Common Council as Resolution No. 2003-37 and 10 attached hereto as Exhibit "B", for an additional one hundred twenty days, up to and including 11 September 30, 2003. 12 SECTION 2. This Amendment No.1 is rescinded if the parties to the Revocable License 13 fail to execute it within sixty (60) days of the passage of the Resolution. 14 1/1 15 16 III 17 ill 18 iil 19 III 20 21 22 23 24 25 26 27 28 H EicJ I SouthernCaKias. Res 1 1 , I ", 2003-100 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING AMENDMENT NO. 1 TO THE REVOCABLE LICENSE OF THE SOUTHERN 2 CALIFORNIA GAS COMPANY AND EXTENDING THE TERM TO SEPTEMBER 30, 2003. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a j t. reg. meeting thereof, held on the 5 tltiay 5 of May , 2003, by the following vote, to wit: 6 COUNCIL MEMBERS: AYES 7 ESTRADA X 8 LONGVILLE X 9 MCGINNIS X 10 DERRY X 11 SUAREZ X 12 ANDERSON X 13 MC CAMMACK X 14 15 16 NAYS ABSTAIN ABSENT Q,;~~/~ Rachm-Clark, City Clerk 17 The foregoing Resolution is hereby approved this 1ru day of May ,2003, 18 19 20 21 22 Approved as to form 23 and legal content: 24 JAMES F, PENMAN 25 City Attorney 26 t. P 27 28 1-IE/cj [SouthemCalGas. Res 1 2 ~.~ C( G:~_ U ITH V ALLES, yor City of San Bernardino 2003-100 EXHIBIT A AMENDMENT NO.1 TO REVOCABLE LICENSE Whereas, the City of San Bernardino through its Mayor and Common Council has issued a Revocable License to the Southern California Gas Company ("Licensee") pursuant to Resolution No. 2003-37, for its operations in the City of San Bernardino (copy attached and incorporated herein as Exhibit "B"); and Whereas the City now wishes to extend the term ofthe Revocable License for an additional one hundred twenty (120) days; now therefore 1. Section II (A) of the Revocable License is hereby amended to read as follows: "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 of one hundred twenty (120) days commencing February I, 2003, and for an additional one hundred twenty (120) days, up to and including September 30, 2003." 2. All other restrictions, terms, and conditions of the Revocable License shall remam unchanged. CITY F SAN BERNARDINO , . CL~",,- /YI ~ '1 (003 1 I Date mo2~ ~OO? Date H E/cj l SouthemCalGasExhibi t.A j .' 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 EXHIBIT nBn 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 Cily of San Bernardino commencing February 1, 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 ESTRADA X LIEN LONGVILLE X - MCGINNIS X DERRY X SUAREZ X ANDERSON X MCCAMMACK X NAYS ABST AIN ABSENT Y1ind'JiJYlpdUiiLJ. .1)20/))'T/.I./ City Clerk / / 0- The foregoing resolution is hereby approved this ;)7nJ day of January, 2003, (,;777,) #' / Neil Derr~ Pro Tern City of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, City Attorney By: .' EXHIBIT A .' 2003-37 REVOCABLE LICENSE Whereas, the gas franchise agreement of Southern California Gas Company ("Licensee") expires as of January 30, 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 ciearly import a different meaning): (a) The word "Licensee" shall mean Soulhern 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 natural or manufactured gas, or a mixture of natural and manufactured gas; (g) The phrase "pipes and appurtenances" shall mean pipe, pipeline, cable, main, service, Irap, 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; I.. I I ." 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 30, 1953, are hereby incorporated in this License. D. Licensea shall 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 CI Date: January ,2003 NIA GAS COMPANY / Date: January ,2003 - 2 - CAC1013 7 -6/6/02 San Bernardino County/San Bernardino