HomeMy WebLinkAboutCC RES 85-1051
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RESOLUTION N0. 85-105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
DESIGNATING A CITY CONSULTANT AS THE AUTHORIZED CITY
REPRESENTATIVE TO EXAMINE SALES AND USE TAX RECORDS.
WHEREAS, (i); Pursuant to California Revenue and Taxation Code
Sections 7200, et seq., the City of Tustin 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 procedure followed by the State
Board of Equalization in administering and collecting the California State
Sales and Use Taxes.
WHEREA5, (ii); Pursuant to California Revenue and Taxation Code
Section 7056, the City of Tustin, 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.
WHEREAS, (iii); The City of Tustin has entered into an agreement
for sales tax audit and information services with the firm of MUNICIPAL
RESOURCE CONSULTANTS, A partnership of JOHN AUSTIN and ALLEN CHARKOW, to
designate JOHN AUSTIN and ALLEN CHARKOW of MUNICIPAL RESOURCE CONSULTANTS as
the authorized City representatives to examine such sales tax records
maintained by the Board on behalf of the City of Tustin.
tdHEREAS, (iv); All legal prerequisites prior to the adoption of
this Resolution have occurred.
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RESOLUTION N0. 85-105
Page 2
THEREBY, IT IS HEREBY RESOLVED by the City Council of the City of
Tustin as follows:
Section 1: In all respects as set forth in the Recitals, Part A,
of this Resolution.
Section 2 : The City Counci 1 of the City of Tusti n hereby
certifies tot the State Board of Equalization that JOHN AUSTIN and ALLEN
CHARKOW of MUNICIPAL RESOURCE CONSULTANTS are the designated representative of
the City of Tustin to examine all of the sales and use tax records of the
Board pertaining to sales and use taxes collected by the Board on behalf of
the City of Tustin.
Section 3: Pursuant to California Revenue and Taxation Code
Section 7O56(b), this Council hereby certifies that MUNICIPAL RESOURCE
CONSULTANTS, a partnership of JOHN AUSTIN AND ALLEN CHARKOW (hereinafter
referred to as "CONSULTANT") meets all of the following conditions:
a. CONSULTANT has an exisiting contract with the CITY 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 who is authorized by resolution to examine the
information;
c. CONSULTANT is prohibited by that contract from performing
consulting services for a retailer during the term of the contract; and,
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RESOLUTION N0. 85-105
Page 3
d. CONSULTANT is prohibited by the contract from retaining the
i nformati on contained i n, or de rived from, those sales tax records after the
contracts have expired.
Section 4: The City Clerk shall certify to the adoption of this
Resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tustin, held on the 21st day of October 1985.
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Frank H. Greinke, Mayor
ATTEST
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Mary E. Wynn, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF TUSTIN )
MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of
the City Council of the City of Tustin is five; that the above and foregoing
Resolution No. 85-105 was duly and regularly introduced, passed and adopted at a
regular meeting of the City Council held on the 21st day of October, 1985, by the
following vote:
AYES COUNCILPERSONS: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli
NOES COUNCILPERSONS: None
ABSENT: COUNCILPERSONS: None
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MARY E. WYNN City C rk
City of Tusti>Ii, Cal i forni a