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HomeMy WebLinkAboutReso 1992-16927 RESOLUTION NO. 16927 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 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 Chula Vista has adopted a sales and use tax ordinance which imposes a tax and provides a measure therefore that can be administered and collected 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 7506, the City of Chula Vista, 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 Chula Vista 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 Chula Vista; 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 Chula Vista as follows: SECTION 1: In all respects as set forth above, the City Council of the City of Chula Vista hereby certifies to the State Board of Equalization that MUNICIPAL RESOURCE CONSULTANTS is designated representative of the City of Chula Vista 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 Chula Vista. SECTION 2: Pursuant to California Revenue and Taxation Section 7056(b), this 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; Resolution No. 16927 Page 2 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 contract has expired. SECTION 3: The following City officials are hereby authorized to receive and review sales and use tax allocation information from the State Board of Equalization: City Manager Finance Director Revenue Manager Sr. Accounting Manager SECTION 4: The City Clerk shall certify to the adoption of this Resolution. Presented by App~ ov as to for , Lym~n Christopher ruce M. Boogaard' Director of Finance City Attorney Resolution No. 16927 Page 3 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 15th day of December, 1992, by the following vote: YES: Councilmembers: Fox, Horton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: Beverly/~Au~helet, Cit~ ~lerk 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. 16927 was duly passed, approved, and adopted by the City Council at a joint City Council/Redevelopment Agency meeting held on the 15th day of December, 1992. Executed this 15th day of December, 1992. Beverly X/f..Aut~elet, City Clerk