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HomeMy WebLinkAboutRES CC 2014 3290 2014 0507 RESOLUTION NO. 2014-3290 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING EXAMINATION OF SALES, USE AND TRANSACTIONS TAX RECORDS WHEREAS, pursuant to Ordinance, the City of Moorpark entered into a contract with the State Board of Equalization to perform all functions incident to the administration and collection of local sales, use and transactions taxes; and WHEREAS, the City Council of the City of Moorpark deems it desirable and necessary for authorized representatives of the City to examine confidential sales, use and transactions tax records of the State Board of Equalization pertaining to sales, use, and transactions 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 of Equalization records, and established criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales, use and transactions tax records of the Board. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 . 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 of Moorpark with authority to examine sales, use and transactions tax records of the Board pertaining to sales, use and transactions taxes collected for the City by the Board pursuant to the contract between the City and Board. The information obtained by examination of Board records shall be used only for purposes related to the collection of City sales, use and transactions taxes by the Board pursuant to that contract. SECTION 2. That the City Manager, or other officer or employee of the City designated in writing by the City manager to the Board, is hereby appointed to represent the City with authority to examine those sales, use and transactions tax records of the Board, for purposes related to the following governmental functions of the City: a) City administration b) Revenue management and budgeting c) Community and economic development d) Business license tax administration Resolution No. 2014-3290 Page 2 The information obtained by examination of Board records shall be used only for those governmental functions of the City listed above. SECTION 3. That Hinder liter, de Llamas & Associates is hereby designated to examine the sales, use and transactions tax records of the Board pertaining to sales, use and transactions 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, use and transactions tax records; b) is required by that contract to disclose information contained in, or derived from, those sales, use and transactions tax records only to the officer or employee authorized under Sections 1 or 2 of this resolution to examine the information. c) is prohibited by that contract from performing consulting services for a retailer during the terms of that contract; and d) is prohibited by that contract from retaining the information contained in, or derived from those sales, use and transactions tax records, after that contract has expired. The information obtained by examination of Board records shall be used only for purposes related to the collection of City sales, use and transactions taxes by the Board pursuant to the contract between the City and the Board and for purposed relating to the governmental functions of the city listed in section 2 of this resolution. SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 7th day of May, 2014. 111P 4141Arrt Ja ce S. Parvin, Mayor ATTEST: /1(de/ICAZift-r-- 01101.1W/P Maureen Benson, City Clerk 1011101144,4 '. 1111[11 • WP % 41 40 TE. .113•N' Resolution No. 2014-3290 Page 3 STATE OF CALIFORNIA COUNTY OF VENTURA ) ss. CITY OF MOORPARK I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2014-3290 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 7th day of May, 2014, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Mil'house, Pollock, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 21st day of May, 2014. Maureen Benson, City Clerk (seal) .0_40010a44,41.1. 7*.A11111111111, /14~ Aria- PrrVrsl4