HomeMy WebLinkAboutReso 1996-18464 RESOLUTION NO. 18464
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA INSTITUTING AN AUDIT PROCEEDING OF THE CITY'S
GAS, ELECTRIC AND TELEPHONE UTILITY USERS TAX,
DESIGNATING MUNICIPAL RESOURCE CONSULTANTS AS
AUTHORIZED REPRESENTATIVES OF THE CITY FOR
CONDUCTING THE AUDIT AND AUTHORIZING THE MAYOR TO
ISSUE SUBPOENAS FOR THIS PURPOSE
WHEREAS, the City derives substantial revenues from its utility users taxes and
franchise fees; and
WHEREAS, it is prudent and appropriate that the City perform a periodic audit of those
persons or entities responsible for the collection and/or payment of utility users taxes to the
City; and
WHEREAS, in order to ~:onduct a thorough and efficient audit, the City requires
reasonable access to certain information, records, and data of those persons or entities
responsible for the collection and/or payment of utility users taxes to the City; and
WHEREAS, with respect to the City's auditing of gas, electric, and telephone utility
users taxes, the City has retained the services of Municipal Resource Consultants and Donald
H. Maynor (through MRC), hereinafter "Consultants"; (CO92-191).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby:
1. Institute an audit proceeding of the City's gas, electric, telephone utility users
taxes, wherein the City staff and consultants shall periodically report to the City Council the
findings of such audit activities.
2. Authorize the Mayor of the City of Chula Vista, or his/her designee to the extent
allowed by law, to issue subpoenas pursuant to Government Code §37104 et seq. requiring
the subpoenaed party to provide certain information to the City and/or its authorized
representatives for purposes of conducting an audit of the City's gas, electric, and telephone
utility users taxes.
3. Designate Consultants as authorized representatives of the City for purposes of
conducting an audit of the City's gas, electric, and telephone utility users taxes for purposes
of requesting audit information and information described in Public Utilities Code §6354(j), and
for purposes of receiving such subpoenaed or requested information.
4. Authorize the Mayor, City Manager, and/or Consultants, as required by the
responding party, to execute non-disclosure agreements on behalf of the City in appropriate
cases in which confidential or proprietary information is requested or subpoenaed, and, in the
opinion of the City, such information is not subject to disclosure under the Public Record Acts.
Resolution 18464
Page 2
Presented by Approved as to form by
Rfo~ert Powell Ann Y. Moore
Director of Finance Acting City Attorney
Resolution 18464
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 22nd day of October, 1996, by the following vote:
AYES: Councilmembers: Alevy, Moot, Padilia, Rindone, Horton
NAYES: Councilmembers: None
ABSENT'. Councilmembers'. None
ABSTAIN: Councilmembers: None
Shi~9~ ILIorton, Mayor
ATTEST:
~. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 18464 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 22rid day of October,
1996.
Executed this 22nd day of October, 1996.
~Authelet, City Clerk