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92-036 RESOLUTION NO. 92R-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DESIGNATING A CITY CONSULTANT AS THE AUTHORIZED CITY REPRESENTATIVE TO EXAMINE SALES AND USE TAX RECORDS. WHEREAS, pursuant to California Revenue and Taxation Code Section 7200, et seq., the City of Anaheim has adopted a sales and use tax ordinance which imposes a tax and provides a measure thereof, and which 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; and WHEREAS, pursuant to California Revenue and Taxation Code Section 7056, the City of Anaheim, 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; and WHEREAS, on November 5, 1974, the City Council adopted Resolution No. 74R-552, appointing the city Manager or any designated assistant or employee of such officer to represent the city of Anaheim with full authority to investigate and review sales and use tax transactions and collections for the City, contained in the records of the State Board of Equalization, which Resolution is currently in full force and effect; and WHEREAS, the City of Anaheim has entered into an agreement for sales tax audit and information services with the firm of MUNICIPAL RESOURCE CONSULTANTS, a partnership of JOHN T. AUSTIN, INC. and ALLEN W. CHARKOW, INC. to designate MUNiCIPAL RESOURCE CONSULTANTS as the authorized Consultant to examine such sales tax records maintained by the Board on behalf of the City of Anaheim; and WHEREAS, all legal prerequisites prior to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM, as follows, to wit: SECTION 1. In all respects as set forth above, the City of Anaheim City Council hereby certifies to the State Board of Equalization that MUNICIPAL RESOURCE CONSULTANTS, as well as the City Manager and any designated assistant or employee of such officer, are designated representatives of the city of Anaheim with full authority 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 Anaheim. SECTION 2. Pursuant to California Revenue and Taxation Section 7056 (b), the Anaheim city Council hereby certifies that MUNICIPAL RESOURCE CONSULTANTS, a partnership of JOHN T. AUSTIN, INC. and ALLEN W. CHARKOW, INC. (hereinafter referred to as "Consultant") meets all of the following conditions: a. CONSULTANT has an existing contract with the CITY to examine sales and use tax records; b. CONSULTANT is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to an officer or employee of the CITY who is authorized by this resolution of the City Council to examine the information; c. CONSULTANT is prohibited by the contract from performing consulting services for a retailer during the term of the contract; and d. CONSULTANT is prohibited by the contract from retaining the information contained in, or derived from, those sales or transactions and use tax records after the contract has expired. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 25th day of February. 1992. ATTEST: ~ CITY CLERK OF THE CIT~OF ANAHEIM EME:lm STATE OF CALIFORNIA ) COUNTY OF O~NGE ) ss. CITY OF ANAHEIM ) I, LEONO~ No SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 92R-36 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 25th day of February, 1992, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 92R-36 on the 26th day of February, 1992. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 26th day of February, 1992. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHb, City Clerk of the City of Anaheim, do hereby certify that the foregoing ~s the original of Resolution No. 92R-36 duly passed and adopted by the City Council of the City of Anaheim on February 25, 1992. CITY CLERK OF THE CITY ~F ANAHEIM"~'