HomeMy WebLinkAboutReso 1967-4498Form No. 342
RESOLUTION N0. 4498
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
THE CITY OF SAN DIEGO FOR THE JOINT EXERCISE OF POWERS TO
COVER PROVISIONS FOR THE AUDIT OF THE CIGARETTE TAX PROGRAM
AND AUTHORIZING THE MAYOR TO EXECUTE SAME
The City Council of the City of Chula Vista does hereby
resolve as follows:
That that certain agreement between the City of Chula Vista,
a municipal corporation, and the City of San Diego, for the Joint
Exercise of Powers to cover provisions for the audit of the cigarette
tax program in the City of Chula Vista
dated the 6th day of July ~ 1967 a copy of which
is attached hereto and incorporated herein, the same as though fully
set forth herein be, and the same is hereby approved.
BE I"T FURTHER RESOLVED that the Mayor of the City of Chula
Vista be, and he is hereby authorized and directed to execute said
agreement for and on behalf of said City.
Presented by
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Fred `A. Ross, Chief Administrative Officer
Approved as to for by /)
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George D. Lindberg, City Attorney
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~`~DG~'~'ED AND AI'PRGVF;D by the CITY CGLTNCI~ of the ^l~r'Y GF CH(JLA VIST6,
CAlJFGRNIA, this _ 25th` day of ___. July i9 67
-- o , ~, by the r,~l-~oTaing vote ,
to-wits
A`x'ES° Gounciimen __S arling, Sylvester, Anderson, McCorquodale, McAllister
NAYES° Councilmen None
ABSENTS Councilmen None
,, _
i
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Mayor of tl-~e City of C~~i'_a Vista
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ATTEST ~"" `e _-c.~_ __~..t.~ _-2c~-c~.t~L~-~:~'~~ .
City Clerx
STATE GF CALIFGRNpA j
CGIJNTY GF SAN DIEGG :+ ss ,
CITY GF CHU:~A G?ST~1 i
I, T~ENNE;TH ?._ C.~'~IFBEL~, City Cleric of tie Gi.ty of Chula '/ista, ~:;alffor.rLia,
DG Hr:REBY CLRT'IrY that the abo~~e ar.d for_e~oing is a foil., true. ~.~id correct copy of
- - r.~___.®.re__ and that tlse same t;as net been amended
or repealed.
~ATED°
City Cierk
1
tJ~iUiN~;.
JOINT EXERCISE OF POWERS AGREEMENT
THIS JOINT EXERCISE OF POWERS AGREEMENT is made by THE
CITY OF-SAN DIEGO, a municipal corporation, herein called
"San Diego," and THE CITY OF CHULA VISTA, herein called "Chula
Vista."
R E C I T A L S
A. San Diego and Chula Vista have similar Cigarette Tax
ordinances.
B. Chula Vista desires to have San Diego's City Auditor
and Comptroller (Audit Division) perform cigarette tax audits
of distributors in the jurisdiction of Chula Vista and to
enter into an agreement for this purpose.
C. Such an agreement is possible under the provision
of Article 1, Chapter 5, Division 7, Title 1 of the Government
Code of the State of California (commencing with Section 6500).
NOW, THEREFORE, in consideration of the recitals and the
mutual obligations of the parties as herein expressed, San
Diego and Chula Vista agree as follows:
1. The Audit Division of the City Auditor and Comptroller
of San Diego shall perform such cigarette tax audits for Chula
Vista as may be necessary to administer Chula Vista's Cigarette
Tax ordinance.
2. All Chula Vista audits shall be done concurrently with
San Diego audits. Chula Vista shall furnish San Diego a list
of distributors and the amount of taxes paid by each.
3. San Diego shall not be obligated to conduct an audit
of a distributor more often than once every three years.
4. Upon completion of an audit, San Diego shall furnish.
Chula Vista with an audit report prepared in accordance with
standard audit practices.
F.
5. The services rendered by San Diego hereunder shall
include attendance at such conferences and hearings as may be
held under the provision of Chula Vista's Cigarette Tax ordinance
to review taxes assessed.
6. For all services rendered hereunder, except as herein-
after provided, Chula Vista shall pay San Diego the sum of
Two Thousand Dollars ($2,000.00) annually, to be paid semi-
annually, One .Thousand Dollars ($1,000.00) on July 1, and One
Thousand Dollars ($1,000.00) on January 1.
7. The term of this agreement shall be for ten (10) years,
terminable by either party upon thirty (30) days prior written
notice, payment to San Diego for services rendered to be pro-
rated to the date of termination.
8. San Diego shall perform such special audits at the
request of Chula Vista of any one distributor occurring more
often than once every three years, and Chula Vista shall pay
for such special or extra audits and for such conferences and
hearings as may be involved at the rate of Ten Dollars ($10.00)
per hour, plus reimbursement for necessary travel and susten-
ance costs, if any.
9. San Diego shall not be responsible for the collection
or billing of delinquent or deficient taxes in Chula Vista.
All legal administrative or other expenses involved therein,
without limitation, shall be the obligation and responsibility
of Chula Vista.
IN WITNESS WHEREOF, this Joint Exercise of Powers Agreement
is executed by The City of San Diego, acting by and through
-2_
its City Auditor and Comptroller, pursuant to Resolution
No. s.~~~1~ ~ authorizing such execution, and by Chula
Vista.
Dated this ~~ ay of ~~ ,~, ~~ 19 6 7 .
THE CITY OF SAN DIEGO
By
ity Audi r and Comptroller
THE CITY OF CHULA VISTA,
It //
' ~-' ~'
I HEREBY APPROVE the form and legality of the foregoing
Joint Exercise of Powers Agreement this~day of ~ ,_,-1967.
i EDWARD T. BUTLER, City Attorn y
Robert S. eaze .,
Assistant City Attorney