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HomeMy WebLinkAbout2015 089 CC RESO RESOLUTION NO. 2015-089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE EXAMINATION OF PREPAID MOBILE TELEPHONY SERVICES SURCHARGE AND LOCAL CHARGE RECORDS BY AGENTS AND/OR REPRESENTATIVES OF THE CALIFORNIA STATE BOARD OF EQUALIZATION WHEREAS, pursuant to Ordinance No. 908 of the City of Baldwin Park and the Local Prepaid Mobile Telephony Services Collection Act, the City of Baldwin Park (hereinafter the "Local Jurisdiction" or the "City"), entered into a contract with the California State Board of Equalization (hereafter the "State Board" or the "Board"), to perform all functions incident to the administration and collection of the prepaid mobile telephony services surcharge and local charges (Rev. & Tax. Code, § 42101.5); and WHEREAS, the City deems it desirable and necessary for authorized representatives of the Local Jurisdiction to examine confidential prepaid mobile telephony services surcharge and local charge records pertaining to the prepaid mobile telephony services surcharge and local charges collected by the Board for the City pursuant to that contract; WHEREAS, the Board will make available to the City any information that is 40 reasonably available to the Board regarding the proper collection and remittance of a local charge of the City by a seller, including a direct seller, subject to the confidentiality requirements of Sections 7284.6, 7284.7 and 19542 of the Revenue and Taxation Code; and WHEREAS, Sections 42110 and 42103 of the Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Board of Equalization records and establishes criminal penalties for the unlawful disclosure of information contained in or derived from the prepaid mobile telephony services surcharge and local charge records of the Board; NOW, THEREFORE IT IS RESOLVED AND ORDERED AS FOLLOWS: Section 1. That the Finance Director and/or Accounting Manager, or other officer or employee of the City, designated in writing by the Chief Executive Officer to the Board, is hereby appointed to represent the City with the authority to examine prepaid mobile telephony services surcharge and local charge records of the Board, pertaining to prepaid mobile telephony services surcharge and local charges collected for the City by the Board, pursuant to the Agreement 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 the City's prepaid mobile telephony services surcharge and local charges by the Board pursuant to the contract. 410 Resolution No. 2015-089 August 19,2015 Page 2 • Section 2. That the Finance Director and/or Accounting Manager, or other officer or employee of the City designated in writing by the Chief Executive Officer to the Board is hereby appointed to represent the City with the authority to examine those prepaid mobile telephony services surcharge and local charge records of the Board for purposes related to the governmental function of the Tax Collection Purposes for the City. The information obtained by examination of Board records shall be used only for those governmental functions of the Local Jurisdiction listed above. Section 3. That the information obtained by examination of the Board records shall only be used for purposes related to the collection of the City's prepaid mobile telephony services surcharge and local charges by the Board pursuant to the Agreement between the City and Board, or for purposes related to other governmental functions of the City, as identified above in section 2 Section 4. That the City Clerk shall certify to the adoption of this Resolution and the same shall be in full force and effect immediately upon its adoption PASSED, APPROVED and ADOPTED this •st day of August 2015. . NUEL OZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution 2015-087 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council held on August 19, 2015, by the following vote: AYES:COUNCIL MEMBERS: Baca, Garcia, Lozano, Pacheco, Rubio NOES: COUNCIL MEMBERS: None. ABSENT: COUNCIL MEMBERS: None. ABSTAI roe/ UNCIL MEM RS: None. / iiiiii, ---A4 ALEJANDRA VILA, III CITY CLERK