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HomeMy WebLinkAbout1985-165 10 11 12 13 14 15 16 I! II ! 1 RESOLUTION NO. 85-165 2 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. 3 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF ISAN BERNARDINO AS FOLLOWS: i 5 6 SECTION 1. Recitals. 7 A. The Southern California Gas Company, hereinafter "Gas , 8 Company", is requesting authorization from the California Public 9 Utilities Commission to refund certain amounts to its customers II relating, primarily, to refunds received by the Gas Company from ~its interstate suppliers. I B. Southern California Gas Company intends to make the Irefunds by credit to bills during June, 1985. I C. City desires to refund a portion of the gas users tax provided for in San Bernardino Municipal Code Section 3.44,060 17 with the Gas Company's refund during June, 1985. The amount of corresponding to the Gas Company's refund amount, including it 18 19 20 21 22 23 24 25 26 27 28 the tax refund shall be calculated and distributed uniformly, and the Gas Company shall be expressly authorized by City to offset ~the tax refunds through a credit against current gas users tax Ii collections, The refund calculations shall be based upon the ilamount of the Gas Company's utility refund and the City's utility Ii iiusers tax rate for the time period covered by the refund, computed Ii ~at the rate of 6% prior to October 1, 1983, and at 8% subsequent I to October 1, 1983. II SECTION 2. Authorization. The Mayor of the City of San II Bernardino is authorized and directed to execute on behalf of the I: City an authorization form which authorizes Southern California I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 II 23 24 I 25 26 27 28 Gas Company to refund certain gas users taxes to residents of the City of San Bernardino, a copy of which is attached, marked Exhibit "An and incorporated in this resolution by this reference. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at an adiourned reaular meeting thereof, held on the 13th day of Mav , 1985, by the following vote, to wi t: AYES: Council Members Reillv. Hernandez. Marks Quiel, Frazier, Strickler NAYS: None ABSENT: Council member Castaneda .,,&p-r'l'~~!// ./ City Clerk The foregoing resolution is hereby ~~day of May , 1985. Approved as to form: /~J#A'!; 't: i ty torney -2- 28 I r I' I AUTHORIZATION FOR REFUND OF TAXES 2 3 Southern California Gas Company is authorized to proceed with 4 the tax refunds as outlined in its letter to Shauna Clark, City 5 Clerk, dated April 3, 1985, except that the refund shall be 6 computed on the City's utility users tax rate in effect for the 7 Itime period covered by the refund, computed at the rate of 6% , i 8 IPrior to October 1, 1983, and at 8% subsequent to October 1, 1983, 9 and shall be allowed credits against current tax collections of 10 all tax amounts so refunded. It is agreed that the City shall II defend and indemnify the Gas Company as to any loss or liability 12 arising from any act or omission by Gas Company in implementing 13 tax refunds on behalf of the City. 14 15 CITY OF SAN BERNARDINO I 17 By / "/ ~ 16 18 DATE: .-,- 19 20 21 22 23 24 25 26 27