HomeMy Public PortalAbout2015.164 (09-15-15)RESOLUTION NO. 2015.1'q'
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING STAFF, INCLUDING THE FINANCE DIRECTOR AND THE CITY
ATTORNEY'S OFFICE, TO NEGOTIATE TERMS OF AN AGREEMENT WITH THE
CALIFORNIA STATE BOARD OF EQUALIZATION FOR COLLECTION AND
ADMINISTRATION OF THE UTILITY USERS TAX, FOR IMPLEMENTATION OF THE
LOCAL PREPAID MOBILE TELEPHONY SERVICES COLLECTION ACT
WHEREAS, on January 1, 2016, a new law (AB 1717) requires, among other
things, local jurisdictions to contract with the California State Board of Equalization
(BOE) in order to receive revenue from local utility user taxes (UUT), local 911 charges,
and any other local charges imposed on consumers of prepaid mobile services; and
WHEREAS, under the new law, the Local Prepaid Mobile Telephony Services
Collection Act, the surcharge will be the only method for local jurisdictions to collect
taxes and surcharges imposed upon prepaid mobile telephone services sold in their
jurisdiction; and
WHEREAS, the prepaid MTS surcharge will be paid by purchasers of prepaid
wireless services in California and be collected at the time of purchase; and
WHEREAS, to ensure the uninterrupted collection of these local revenues, local
jurisdictions must contract with the BOE by December 1, 2015, for collection beginning
April 1, 2016; and
WHEREAS, the new law replaces all current charges imposed upon prepaid
mobile phone services with a new prepaid MTS surcharge; and
WHEREAS, under the new law, the Local Prepaid Mobile Telephony Services
Collection Act, the surcharge will be the only method for local jurisdictions to collect
taxes and surcharges imposed upon prepaid mobile telephone service_ s sold in their
jurisdiction; and
WHEREAS, in order to contract with the BOE, local jurisdictions must have an
ordinance that applies its local charge to prepaid MTS.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The City authorizes staff, including the Finance Director and the City
Attorney's office, to discuss and seek final terms for an agreement with the California
State Board of Equalization (BOE) to administer the collection of prepaid mobile
telephony services, subject to approval by Council of the final agreement in a form
approved by the City Attorney.
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Section 2. This Resolution shall become effective immediately upon its
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adoption.
PASSED, APPROVED and ADOPTED this 15th day of September, 2015.
ATTEST:
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Maria Quinonez, City Clerk
APPROVED AS TO FORM:
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David A. Garcia, City Attorney
APPROVED AS TO CONTENT:
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J. Arnoldo Beltran, City Manager
Amanda Hall, Finance Director
[THIS SPACE INTENTIONALLY LEFT BLANK]
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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 15th day of September, 2015.
AYES: COUNCIL MEMBERS ALATORRE, CASTRO, HERNANDEZ,
SANTILLAN -BEAS AND SOLACHE
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
STATE OF CALIFORNIA )
) SS.
COUNTY OF' LOS ANGELES )
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. 2015.164 on file in my office and that said Resolution was adopted on
the date and by the'vote therein stated. Dated this 15th day of September, 2015.
Maria Quinonez, ity Clerk
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