HomeMy Public PortalAbout2015.170 (10-06-15)RESOLUTION NO. 2015.170
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA, AUTHORIZING THE , EXAMINATION OF PREPAID MOBILE
TELEPHONY SERVICES SURCHARGE AND' LOCAL CHARGE RECORDS BY
AGENTS AND /OR REPRESENTATIVES OF THE CALIFORNIA STATE BOARD OF
EQUALIZATION
WHEREAS, pursuant to Ordinance No. 1631 of the City of Lynwood and the
Local Prepaid Mobile Telephony Services Collection Act, the City of Lynwood
(hereinafter the "Local Jurisdiction" or the "City "), entered into a contract with the
California State Board of Equalization (hereafter the "State Board" or 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); and
WHEREAS, the City deems it desirable and necessary for authorized
representatives of the Local Jurisdiction to examine confidential prepaid mobile
telephony services surcharge and local charge records pertaining to the prepaid mobile
telephony services surcharge and local charges collected by the Board for the City
pursuant to that contract;
WHEREAS, the Board will make available to the City any information that is
reasonably available to the Board regarding the proper collection and remittance of a
local charge of the City by a seller, including a direct seller, subject to the confidentiality
requirements of Sections 7284.6, 7284.7 and 19542 of the Revenue and Taxation
Code; and
WHEREAS, Sections 42110 and 42103 of the Revenue and Taxation Code sets
forth certain requirements and conditions for the disclosure of Board of Equalization
records and establishes criminal penalties for the unlawful disclosure of information
contained in or derived from the prepaid mobile telephony services surcharge and local
charge records of the Board.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the Finance Director and /or Accounting 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 the authority to examine prepaid mobile
telephony services surcharge and local charge records of the Board, pertaining to
prepaid mobile telephony services surcharge and local charges collected for the City
by the Board, pursuant to the Agreement between the City and the Board. The
information obtained by examination of Board records shall be used only for purposes
related to the collection of the City's prepaid mobile telephony services surcharge and
local charges by the Board pursuant to the contract.
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Section 2. That the Finance Director and /or Accounting 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 the authority to examine those prepaid
mobile telephony services surcharge and local charge records of the Board for
purposes related to the governmental function of the tax collection purposes for the
City and any other purpose authorized by the City of Lynwood's Ordinance No. 1631
and its implementing regulation. The information obtained by examination of Board
records shall be used only for those governmental functions of the Local Jurisdiction
listed above.
Section 3. That the information obtained by examination of the Board records
shall only be used for purposes related to the collection of the City's prepaid mobile
telephony services surcharge and local charges by the Board pursuant to the
Agreement between the City and Board, or for purposes related to other
governmental functions of the City, as identified above in section 2.
Section 4. That the City Clerk shall certify to the adoption of this Resolution and
the same shall be in full force and effect immediately upon its adoption.
PASSED, APPROVED and ADOPTED this 6t" day of October, 2015.
ATTEST:
Maria Quinonez, City Clerk
APPROVED AS TO FORM:
I jj L 61�
David A. Garcia, City Attorney
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l
Joie Luis Solache, 117(ayor
APPROVED AS TO CONTENT:
. Arnoldo Beltran, City Manager
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Resolution was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the 6th day of October, 2015.
AYES: COUNCIL MEMBERS ALATORRE,
SANTILLAN -BEAS AND SOLACHE
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Maria Quinonez, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
CASTRO, HERNANDEZ,
I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council
of said City, do hereby certify that the above foregoing is a full, true and correct copy of
Resolution No. 2015.170 on file in my office and that said Resolution was adopted on
the date and by the vote therein stated. Dated this 6th day of October, 2015.