Resolution 2015-451
RESOLUTION NO. 2015-45
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GILROY AUTHORIZING THE CITY
ADMINISTRATOR AND THE CITY ATTORNEY TO
EXECUTE CERTAIN DOCUMENTS REQUIRED BY
THE CALIFORNIA STATE BOARD OF
EQUALIZATION TO COLLECT THE CITY'S
UTILITY USERS TAX ON PREPAID WIRELESS
SERVICE
WHEREAS, pursuant to Utility Users Tax Ordinance No. 2007 -22 of the City of
Gilroy, and the Local Prepaid Mobile Telephony Services Collection Act, the City of
Gilroy (hereinafter CITY), wishes to enter into a contract with the State Board of
Equalization (hereinafter referred to as the BOARD), to perform all functions incident to
the administration and collection of the prepaid mobile telephony services surcharge and
local charges (Rev. & Tax. Code, § 42101.5) effective January 1, 2016; and
WHEREAS, the BOARD requires that the CITY: enter into a contract with the
BOARD by September 1, 2015; certify the CITY'S Utility Users Tax (hereinafter
referred to as UUT ordinance), its rate and applicability; and adopt a resolution
authorizing certain persons access to confidential information of the BOARD that is
reasonably available to the BOARD regarding the proper collection and remittance of a
local charge of the CITY.
NOW, THEREFORE IT IS RESOLVED AND ORDERED AS FOLLOWS:
The City Administrator is hereby authorized to sign on behalf of the CITY a contract
with the BOARD, as approved by the City Attorney, including any other related
documents required by the BOARD to perform all functions incident to the
administration and collection of the prepaid mobile telephony services surcharge and
local charges (Rev. & Tax. Code, § 42101.5).
Further, the City Attorney is hereby authorized to sign on behalf of the CITY a
certification required by the BOARD certifying certain information regarding the CITY's
UUT ordinance, the applicable rate, and that it applies to all wireless telecommunication
RESOLUTION NO. 2015-45
services, including prepaid wireless.
PASSED AND ADOPTED this 17th day of August, 2015, by the following roll
call vote:
AYES: COUNCILMEMBERS: AULMAN, BRACCO, LEROE- MUNOZ,
VELASCO, WOODWARD and GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: TUCKER
ATTEST:
a Freels, City Clerk
APPROVED:
Donald F. Gage, Mayor
RESOLUTION NO. 2015-45
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2015 -45 is an original resolution, or true and correct copy of a city
Resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said
Council held on the 17`h day of August, 2015 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 180' day of August, 2015.
Shawna Freels, MMU,'
City Clerk of the City of Gilroy
(Seal)