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HomeMy Public PortalAboutResolution 03-41651 1 1 RESOLUTION NO. 03 -4165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS OF THE CALIFORNIA STATE BOARD OF EQUALIZATION. WHEREAS, pursuant to Ordinance No. 60 -2, the City of Temple City entered into a contract with the State Board of Equalization to perform all functions incident to the administration and collection of local sales and use taxes; and WHEREAS, the City Council of the City of Temple City deems it desirable and necessary for authorized representatives of the City to examine confidential sales and use tax records of the State Board of Equalization pertaining to sales and use taxes collected by the Board for the City pursuant to that contract; and WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Board records, and establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales and use tax records of the Board. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, RESOLVES AS FOLLOWS: SECTION 1. That the City Manager or other officer or employee of the City of Temple City designated in writing by the City Manager to the State Board of Equalization (hereafter referred to as Board), is hereby appointed to represent the City with authority to examine sales and use tax records of the Board pertaining to sales and use taxes collected for the City by the Board pursuant to the contract 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 City sales and use taxes by the Board pursuant to that contract. SECTION 2. That Hinderliter de Llamas & Associates is hereby designated to examine the sales and use tax records of the Board pertaining to sales and use taxes collected for the City by the Board. The person or entity designated by this section meets all of the following conditions: a) has an existing contract with the City to examine those sales and use tax records; and b) is required by that contract to disclose information contained in, or derived from, those sales and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information; and c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract; and d) is prohibited by that contract from retaining the information contained in, or derived from those sales and use tax records, after the contract has expired. The information obtained by examination of Board records shall be used only for purposes related to the collection of City sales and use taxes by the Board pursuant to the contract between the City and the Board. SECTION 3. That this resolution supercedes all prior resolutions of the City Council of the City of Temple City adopted pursuant to subdivision (b) of the Revenue and Taxation Code Section 7056. SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. Resolution No. 03 -4165 Page 2 PASSED, APPROVED AND ADOPTED on this 15th day of April, 2003. Mayor R4::° j"(--#.11rt.."1-.°11-‘dr ATTEST: City Clerk I hereby certify that the foregoing resolution, Resolution No. 03 -4165, was duly adopted by the City Council of the City of Temple City at an adjourned regular meeting held on this 15th day of April 2003, by the following vote: AYES: Councilmember - Arrighi, Capra, Wong, Zovak, Vizcarra NOES: Councilmember -None ABSENT: Councilmember -None rhQ City Clerk ql-..1.1L-cli 1 1