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HomeMy WebLinkAboutResolution - 1943 RESOLUTION NO. 1943 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, DESIGNATING A CITY CONSULTANT 2 AS THE AUTHORIZED CITY REPRESENTATIVE TO EXAMINE SALES AND USE TAX RECORDS 3 WHEREAS, pursuant to California Revenue and Taxation Code 4 Section 7200 , et seq. , the City of San Jacinto has adopted a sales and use tax ordinance which imposes a tax and provides 5 a measure therefore that can be administered and collected by the State Board of Equalization in administering and collecting 6 the California State Sales and Use Taxes ; and 7 WHEREAS, pursuant to California Revenue and Taxation Code Section 7056 , the City of San Jacinto, by resolution, may 8 designate any officer, employee or any other person to examine all of the sales and use tax records of the Board pertaining 9 to sales and use taxes collected for the Citv; and 10 WHEREAS, the City of San Jacinto has entered into an agree- ment for sales tax audit and information services with the firm 11 of Municipal Resource consultants , a partnership of John T. Austin, Inc. and Allen W. Charkow, Inc. , to designate Municipal Resource 12 Consultants as authorized Consultant to examine such sales and use tax records maintained by the Board on behalf of the City 13 of San Jacinto; and 14 WHEREAS, all legal prerequisites prior to the adoption of this Resolution have occurred . 15 NOW, THEREFORE, the City Council of the City of San Jacinto, 16 California , DOES HEREBY RESOLVE as follows : 17 SECTION 1: Pursuant to Revenue and Taxation Code Section 7056(b ) , the City Council hereby requests the State Board of 18 Equalization to permit the following employees of the City to examine all of the sales and use tax records of the Board 19 pertaining to sales and use taxes collected on behalf of the City of San Jacinto : the City Manager, the Director of Finance , 20 or their designee . 21 SECTION 2 : In all respects as set forth above , and pursuant 22 to California Revenue and Taxation Code Section 7056(b ) , the City Council of the City of San Jacinto hereby certifies to the State Board of Equalization that Municipal Resource Consultants 23 is an additional designated representative of the City of San Jacinto to examine all of the sales and use tax records of the 24 Board pertaining to sales and use taxes collected by the Board 25 on behalf_ of the City of San Jacinto . 26 SECTION 3 : Pursuant to California Revenue and Taxation Section 7056( b ) ( 1 ) , this Council hereby certifies that Municipal 27 Resource Consultants , a partnership of John T. Austin, Inc. and Allen W. Charkow, Inc. (hereinafter referred to as 28 "Consultant" ) , meets all of the following conditions : 29 30 31 32 Resolution No. 1943 Page 2 1 a. Consultant has an existing contract with the City 2 to examine sales and use tax records ; 3 b. Consultant is required by that contract to disclose information contained in, or derived from, those 4 sales and use tax records only to an officer or employee of the City who is authorized by Section 5 1 of this resolution to examine the information; 6 C. Consultant is prohibited by the contract from performing consulting services for a retailer 7 during the term of the contract ; and 8 d. Consultant is prohibited by the contract from retaining the information contained in, or derived 9 from, those sales and use tax records after the contract has expired. 10 SECTION 4 : The Deputy City Clerk shall certify to the 11 adoption of this Resolution . 12 MOVED, PASSED AND ADOPTED the 19th day of March, 1991. 13 14 ATTEST: 15 Mayor 16 17 1$ Deputy City Clerk 19 CERTIFICATE 20 The foregoing is certified to be a true copy of Resolution No. 1943 duly passed by the said City Council 21 of the City of San Jacinto on the date set forth therein . 22 23 24 Deputy City Clerk 25 26 27 28 29 30 31 32 I