HomeMy WebLinkAbout1981-228
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RESOLUTION NO. j!-1-Dl,.:lJl_
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
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 OF
SAN BERNARDINO AS FOLLOWS:
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SECTION 1. Recitals.
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(al By Resolution Nos. G-2360 and G-2389 the California
8 Public Utilities Commission authorized Southern California Gas
9 Company to refund certain amounts to its customers relating,
10 primarily, to refunds received by the Gas Company from its
11 interstate suppliers.
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(bl Southern California Gas Company made these refunds
13 during January and February, 1981.
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(cl City desires to refund the Utility User Tax based upon
15 the amount of the utility refund and City's February 1981 Utility
16 User Tax rate.
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SECTION 2. Authorization. The Mayor of the City of San
18 Bernardino is authorized and directed to execute on behalf of the
19 City an agreement with Southern California Gas Company relating to
20 refunding certain utility user taxes, a copy of which is attached,
21 marked Exhibit "A", and incorporated in this resolution by this
22 reference.
23 I HEREBY CERTIFY that the foregoing resolution was duly
24 adopted by the Mayor and Common Council of the City of San
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14 day of
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meeting thereof, held
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Bernardino at a
on the
, 1981, by the following
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I vote,
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to wit:
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AYES:
NAYS:
ABSENT:
,Th'e, foregoing
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City Clerk
resolution is hereby approved thO
. 1981.
Approved as to form:
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City A orney
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n Bernardino
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SANBERMAROINO
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SOUTHERN CALIFORNIA ~~s] COMPANY
570 FOURTH STREET. SAN BERNARDINO. CALIFORNIA
S. WAYNE LYNCH
Manager Inland Division
Mailing Address BOX 6226. SAN BERNARDINO. CALIFORNIA 92417
May 5, 1981
Ms. Shauna Clark
City Clerk
City of San Bernardino
300 N. "D" Street
San Bernardino, CA 92418
Dear Ms. Clark:
Under Resolution Numbers G-2360 and G-2389 the California Public Utili-
ties Commission authorized Southern California Gas Company to refund
certain amounts to its customers relating, primarily, to refunds re-
ceived by the Gas Company from its interstate suppliers. The Gas Com-
pany made these refunds during January and February, 1981.
Should your City wish to consider refunding the Utility Users' Tax corre-
sponding to these refund amounts, the Gas Company is willing to assist
by passing that tax refund on to eligible city residents through our reg-
ular utility bill. However, we are prepared to assist in making utility
users' tax refunds only if the amount of the tax refund is calculated
and distributed uniformly and the Gas Company is expressly authorized
to offset the tax refunds through a credit against current utility users'
tax collections. The refund calculations would be based upon the amount
of the utility refund and your City's February 1981 Utility Users' Tax
rate.
If the City of San Bernardino agrees to the above approach, please indi-
cate agreement by having the appropriate official sign the enclosed copy
of this letter in the space provided, attaching a Resolution of your City
Council formally authorizing this agreement and return to me by Thursday,
June 4.
~W~
EXHIBIT A
.
Shauna Clark
Page 2
May 5, 1981
Southern California Gas Company is authorized to proceed with the tax re-
funds as outlined above and shall be allowed credits 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 olrrission by Gas Company in implementing tax re-
funds on behalf of the City.