Resolution 1994-16
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RESOLUTION NO. 94-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY 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 Gilroy has adopted a sales and
use tax ordinance which imposes a tax and provides a measure
therefor that can be administered and collected by the State Board
of Equalization along the same and existing statutory and admini-
strative procedures followed 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 7056, the City of Gilroy, 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 Gilroy 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 and
use tax records maintained by the Board on behalf of the city of
Gilroy; and
WHEREAS, all legal prerequisites prior to the adoption
of this Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED THAT:
section 1. In all respects as set forth above, the City
Council of the City of Gilroy hereby certifies to the State Board
of Equalization that Municipal Resource Consultants is the desig-
nated representative of the City of Gilroy 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 Gilroy, and
RESOLUTION NO. 94-16
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by this resolution the City of Gilroy requests that the state Board
of Equalization permit such designated representative to examine
such records.
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 the City Administrator or his designee who is authorized
by this resolution to examine the information;
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 contracts have expired.
section 3. The City Clerk shall certify to the adoption
of this resolution.
PASSED AND ADOPTED this 7th day of February, 1994 by the
following vote:
AYES:
COUNCILMEMBERS:
GILROY, KLOECKER, MORALES,
ROGERS, ROWLISON, VALDEZ, GAGE
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
None
APPROVED:
RE SOLUTION NO. 94 - 16
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 94-16
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
February
, 19--2L,
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 8th day of
February
,1994.
(Seal)