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84-500
RESOLUTION NO.
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AN AGREEMENT WITH SOUTHERN CALIFORNIA GAS COMPANY
RELATING TO REFUNDING CERTAIN UTILITY USER TAXES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. Recitals.
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(a) The Southern California Gas Company, hereinafter "Gas
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Company", is requesting authorization from the California Public
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Utilities Commission to refund certain amounts to its customers
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relating, primarily, to refunds received by the Gas Company from
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its interstate suppliers.
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(b) Gas Company intends to make the refunds by credit to
bills during December, 1984.
(c) City desires to refund a portion of the gas users tax
provided for in San Bernardino Municipal Code Section 3.44.060
corresponding to the Gas Company's refund amount, including it
with the Gas Company's refund during December, 1984. The amount
of the tax refund shall be calculated and distributed uniformly,
and the Gas Company shall be expressly authorized by the City to
offset collections. The refund calculations shall be based upon
the amount of the Gas Company's utility refund and the City's
utility users tax rate for the time period covered by the refund,
computed at the rate of 6% prior to October 1, 1984, and at 8~
subsequent to October, 1984 for commercial and industrial users,
and computed at the rate of 8% for residential users.
SECTION 2. Authorization. The Mayor of the City of San
Bernardino is authorized and directed to execute on behalf of the
City an authorization form which authorizes Gas Company to refund
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certain gas users taxes to residents of the City of San
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Bernardino, a copy of which is attached, marked Exhibit "A" and
incorporated in this resolution by this reference.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
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Bernardino at an adiourned regularmeeting thereof, held on the
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27th
, 1984, by the following vote, to
day of November
8 wit:
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Council Members Castaneda, Reilly, Hernandez,
Marks, Quiel
AYES:
NAYS:
None
ABSENT:
Council Members Frazier, Strickler
JH#///?'/~A#
-' CITY CLERK
The foregoing resolution is
28th day
of November
, 1984.
Bernardino
Approved as to form:
~ ,/j,? 0
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City At orney
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AUTHORI ZATION FOR REFUND OF GAS
Southern California Gas Company is authorized to proceed
with the tax refunds as outlined in its letter to Shauna Clark,
City Clerk, dated November 13, 1984, except that the refund shall
be computed on the City's utility users tax rate in effect for
the time period covered by the refund, computed at the rate of 6%
prior to October 1, 1984, and at 8% subsequent to October 1, 1984
for commercial and industrial users. The City's utility users
tax rate for residential users shall be computed at the rate of
8%. Credits shall be allowed against current tax collections of
all tax amounts so refunded. It is agreed that the City shall
defend and indemnify the Gas Company as to any loss or liability
arising from any act or ommission by Gas Company in implementing
tax refunds on behalf of the City.
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Date: November 28. 1984
EXHIBIT -A-