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HomeMy WebLinkAboutResolution 2002-010 RESOLUTION NO. 2002-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AUTHORINZING EXAMINATION OF SALES AND USE TAX RECORDS WHEREAS, pursuant to Ordinance No. 3, the City of Atascadero entered into a contract with the State Board of Equalization to perform all functions incident to the administration and collection of local sales and use taxes; and WHEREAS, the City Council of the City of Atascadero deems it desirable and necessary for authorized representatives of the City to examine confidential sales and use tax records of the State Board of Equalization pertaining to sales and use taxes collected by the Board for the City pursuant to that Contract; and WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Board records, and establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales and use tax records of the Board; NOW, THERFORE,the City Council of the City of Atascadero hereby resolves as follows: Section 1. The City Manager has the authority to examine Sales and Use Tax records. That the City Manager, or other officer or employee of the City designated in writing by the City Manager to the State Board of Equalization (hereafter referred to as Board), is hereby appointed to represent the City with authority to examine sales and use tax records of the Board pertaining to sales and use taxes collected for the City by the Board pursuant to the contract between the City and the Board. The information obtained by examination of Board records shall be used only for purposes related to the collection of City sales and use taxes by the Board pursuant to that contract. Section 2. The Administrative Services Director has the authority to examine Sales and Use Tax records. That the Administrative Services Director or officer or employee of the City designated in writing by the Administrative Services Director to the Board, is hereby appointed to represent the City with authority to examine those sales and use tax records of the Board, for purposes related to the following governmental functions of the City: (a) Financial Management (b) Sales Tax Budget (c) Business License Management (d) Potential Management of Redevelopment Agreements The information obtained by examination of Board records shall be used only for those governmental functions of the City listed above. Section 3. Hinderliter, de Llamas & Associates has the authority to examine Sales and Use Tax records. That Hinderliter, de Llamas & Associates is hereby designated to examine the City of Atascadero Resolution No.2002-010 Page 2 sales and use tax records of the Board pertaining to sales and use taxes collected for the City by the Board. The person or entity designated by this section meets all of the following conditions: a) has an existing contract with the City to examine those sales and use tax records; b) is required by that contract to disclose information contained in, or derived from, those sales and use tax records only to the officer or employee authorized under Section 1 (or section 2) of this resolution to examine the information. c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract; and d) is prohibited by that contract from retaining the information contained in, or derived from those sales and use tax records, after that contract is expired. The information obtained by examination of Board records shall be used only for purposes related to the collection of City sales and use taxes by the Board pursuant to the contract between the City and the Board and for purposes relating to the governmental functions of the City listed in section 2 of this resolution. Section 4. Supersedes all prior resolutions. That this resolution supersedes all prior resolutions of the City Council of the City of Atascadero adopted pursuant to subdivision (b) of Revenue and Taxation Code Section 7056. On motion by Council Member Luna and seconded by Council Member Clay, the foregoing Resolution is hereby adopted following roll call vote: AYES: Council Members Clay, Johnson, Luna, Scalise and Mayor Arrambide NOES: None ABSTAIN: None ABSENT: None ADOPTED: April 09, 2002 Y' J. Michael Arrambide, Mayor Attest: MgjA4'�� Marcia McClure Torgerson, City Cle App ro d asrto form: �{/ /! Roy A. anley, City Atforney