HomeMy WebLinkAbout92-60 5 6 ? $ 9 10 11 12 13 15 16 17 18 19 20 21 22 23 2~ 25 0.6 25 RESOLUTION NO. 92-60 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH DESIGNATING A CITY CONSULTANT AS THE AUTHORIZED CITY REPRESENTATIVE TO EXAMINE SALES AND USE TAX RECORDS WHEREAS, pursuant to California Revenue and Taxation Code Section 7200, et seq., the City of Ukiah has adopted a sales and use tax ordinance which imposes a tax and provides a measure therefor that can be administered and collected by the State Board of Equalization along the same and existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the California State Sales and Use Taxes; and WHEREAS, pursuant to California Revenue and Taxation Code Section 7056, the City of Ukiah, by resolution, may designate any officer, employee or any other person to examine all of the sales and use tax records of the Board pertaining to sales and use taxes collected for the City; and WHEREAS, the City of Ukiah has entered into an agreement for sales tax audit and information services with the firm of MUNICIPAL RESOURCE CONSULTANTS, a partnership of JOHN T. AUSTIN, INC., AND ALLEN W. CHARKOW, INC., to designate MUNICIPAL RESOURCE CONSULTANTS as the authorized Consultant to examine such sales tax records maintained by the Board on behalf of the City of Ukiah; and WHEREAS, all legal prerequisites prior to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UKIAH, as follows, to wit: 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 1: In all respects as set forth above, the City of Ukiah City Council hereby certifies to the State Board of Equalization that MUNICIPAL RESOURCE CONSULTANTS is the designated representative of the City of Ukiah to examine all of the sales and use tax records of the Board pertaining to sales and use taxes collected by the Board on behalf of the City of Ukiah. Section 2: Pursuant to California Revenue and Taxation Section 7056(b), the Ukiah City Council hereby certifies that MUNICIPAL RESOURCE CONSULTANTS, a partnership of JOHN T. AUSTIN, INC, AND ALLEN W. CHARKOW, INC., (hereinafter referred to as "Consultant") meets all of the following conditions: a. CONSULTANT has an existing contract with the City to examine sales tax records; b. CONSULTANT is required by that contract to disclose information contained in, or derived from, those sales tax records only to an officer or employee of the CITY who is authorized by resolution to examine the information; c. CONSULTANT is prohibited by the contract from performing consulting services for a retailer during the term of the contract; and d. CONSULTANT is prohibited by the contract from retaining the information contained in, or derived from, those sales~ tax records after the contracts have expired. Section 3. This authorization shall be valid and effective only if accompanied by a letter signed by the City Manager of the City of Ukiah that CONSULTANT has a currently effective contract with the City and shall be invalid and ineffective if that contract is terminated by either party. 4 ? lO ~7 20 21 25 27 25 Section 4. Resolution. The City shall certify to the adoption of this PASSED AND ADOPTED, on May 20, 1992, by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter and Mayor Henderson NOES: None ABSENT: Counci lmember McMichael ABSTAIN: None ~{A~R Colleen B. HenderSon CITY ,CLERK' ~z/ZMc Kay Res2/Resource Consultants