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R 3582 RESOLUTION NO. 3582 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS WHEREAS, pursuant to Ordinance No. 308 C.S., the City of Arroyo Grande 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 Arroyo Grande 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 records of the Board. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. The following City officials, or other officer or employee of the City designated in writing by the City Manager to the State Board of Equalization (hereafter referred to as Board), are 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: Members of the City Council City Manager Financial Services Director Economic Development Director . The information obtained by examination of Board records shall be used only for I purposes related to the collection of City sales and use taxes by the Board I pursuant to that contract. I 2. The firm of 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 entity designated by this section meets all of the following conditions: i -_._.,...~- I -' RESOLUTION NO. 3582 PAGE 2 a. Has an existing contract with the City to examine those sales and use tax records; 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 employees under Section 1 of this resolution to examine the information; 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 I derived from those sales and use tax records, after that contract has expired. I 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 I the contract between the City and the Board. I 3. This resolution supercedes all prior resolutions of the City Council of the City of Arroyo Grande adopted pursuant to subdivision (b) of Revenue and Taxation code Section 7056. On motion of Council Member Dickens, seconded by Council Member Ferrara, and on I 1 the following roll call vote, to wit: , i I AYES: Council Members Dickens, Ferrara, Lubin, Runels, and Mayor Lady I I NOES: None I ABSENT: None the ,foregoing Resolution was passed and adopted this 26th day of March, 2002. RESOLUTION NO. 3582 PAGE 3 "-- ArrEST: Wl'1'L9- RE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK i I I APPROVED AS TO CONTENT: ' ..~'" L.. - \ STEVE ADAMS, CITY MANA1;ER . . APPROVED AS TO FORM: I I ! j TI I I I I i I I I I I I i I I ---.---- .------ - RESOLUTION NO. 3582 OFFICIAL CERTIFICATION I, KELLY WETMORE, Director of Administrative Services/Deputy City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that Resolution No. 3582 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 26th day of March, 2002. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 29th I day of March, 2002. UaJJ!LL-- ORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK _...~--~.-