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Resolution 1997-18 . . RESOLUTION NO. 97-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY INSTITUTING AUDIT PROCEEDINGS AND AUTHORIZING THE MAYOR TO ISSUE SUBPOENAS PURSUANT TO GOVERNMENT CODE ~ 37104 WITH REGARD TO THE CITY'S GAS, ELECTRIC, WATER, TELEPHONE, AND CATV UTILITY USERS TAXES AND FRANCmSE FEES. WHEREAS, the City derives substantial revenues from its utility users taxes and franchise fees; 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 and franchise fees to the City; WHEREAS, in order to conduct 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 and franchise fees to the City; WHEREAS, with respect to the City's auditing of gas, electric, water, telephone and CATV utility users taxes and franchise fees, the City has retained the services of Municipal Resource Consultants and Donald H. Maynor (through MRC), hereinafter "Consultants". NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy hereby: 1. Institutes an audit proceeding of the City's gas, electric, water, telephone and CATV utility users taxes and franchise fees, wherein the City Staff and Consultants shall periodically report to the City Council the findings of such audit activities. 2. Authorizes the Mayor of the City Council to issue subpoenas pursuant to Government Code ~ 37104 et seq., for purposes of conducting an audit of the City's gas, electric, water, telephone and CATV utility users taxes and franchise fees. -1- RESOLUTION NO. 97-18 ~ . . 3. Designates Consultants as authorized representatives of the City for purposes of conducting an audit of the City's gas, electric, water, telephone, and CATV utility users taxes and franchise fees, and for purposes of requesting audit information and information described in Public Utilities Code g 6354 and for purposes of receiving subpoenaed or requested information. 4. Authorizes the Mayor, City Administrator, 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 such information is not subject to disclosure under the Public Records Act. PASSED AND ADOPTED this 7th day of April, 1997 by the following vote: AYES: COUNCILMEMBERS: GILROY, ROGERS, ROWLISON, SPRINGER, VALDEZ, MORALES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: cZJ 4tt#d-. ATTEST: ~l1dY,,--~~~' Rhonda Pellin, Ii1terim City Clerk Charles S. Morales, Mayor Protempore -2- RESOLUTION NO. 97-18 ~. . . . I, RHONDA PELLIN, Interim City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 97-18 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 7th day of April, 1997, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 21 st day of April, 1997. (Seal)