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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)