Loading...
CC Resolution 9975 ~ RESOLUTION NO. 9975 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL REQUESTING THE STATE BOARD OF EQUALIZATION'S APPROVAL OF THE DESIGNA TED OFFICERS, EMPLOYEES AND/OR OTHER PERSONS AS REPRESENTATIVES AUTHORIZED TO EXAMINE THE SALES AND USE TAX RECORDS FOR THE MUNICIPALITY. Recitals. Pursuant to California Revenue and Taxation Code Sections 7200, et seq., the City of Campbell has adopted a sales and use tax ordinance which imposes a tax and provides a measure therefore that can be administered and collected by the State Board of Equalization along the same and existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the California State Sales and Use Taxes. Pursuant to California Revenue and Taxation Code Section 7056, the City of Campbell, by resolution, may designate any officer, employee or any other person to examine all of the sales and use tax records of the Board pertaining to sales and use taxes collected for the City. The City of Campbell has entered into an agreement for sales tax audit and information services with the firm of MBIA MuniServices Company formerly known as Municipal Resource Consultants (MRC) to designate employees of that firm as the authorized City representatives to examine such sales tax records maintained by the Board on behalf of the City of Campbell. All legal prerequisites prior to the adoption of this Resolution have occurred. RESOLUTION: WHEREAS, the City Council of the City of Campbell from time to time has need to determine, in advance, summaries of sales and use tax estimates and general source thereof in the City of Campbell for budget and planning purposes, and WHEREAS, the said information can only be made available by a request expressed by Resolution of the legislative body of the City, and WHEREAS, pursuant to the California Revenue and Taxation Code Section 7056(b), the Council hereby certifies that MBIA MuniServices Company (hereinafter referred to as "CONSULTANT" meets all of the following conditions to be the primary designated representative of the City of Campbell: a. CONSULT ANT has an existing contract with the City of Campbell to examine sales tax records; ) b. CONSULTANT is required by that contract to disclose information contained in, or derived from, those sales tax records only to an officer or employee of the City of Campbell who is authorized by resolution to examine the information; c. CONSULT ANT is prohibited by that contract from performing consulting services for a retailer during the term of the contract; and d. CONSULTANT is prohibited by the contract from retammg the information contained in, or derived from, those sales tax records after the contracts have expired. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell, and by this Resolution adopted pursuant to Section 7056 of the Revenue and Taxation Code of the State of California that the following be designated as additional authorized representatives of the City of Campbell for purposes of examining sales and use tax records on behalf of the City of Campbell: Employees of MBIA MuniServices Company; the City Manager of the City of Campbell; the Finance Director of the City of Campbell; the Redevelopment Manager; the Mayor and City Council of the City of Campbell, and other persons employed by the City of Campbell as may from time to time be designated by the City Council or City Manager or his/her designee to be authorized to make such examination on behalf of the City of Campbell. PASSED AND ADOPTED this 5th day of February 2002 by the following roll call vote: AYES: Councilmembers: Dean, Burr, Kennedy, Furtado, Watson NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: r2._..b:V .vir- Jeanette Watson, Mayor ATTEST: . .... i ~/ <. Cu-- 't~ Anne ~Yb;e, City Clerk