HomeMy WebLinkAbout7269 RESOLUTION NO. 7269
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, AUTHORIZING THE EXAMINATION OF TRANSACTIONS
(SALES) AND USE TAX RECORDS
WHEREAS, pursuant to Ordinance No. 2362 of the City of Arcadia (hereinafter
called District) and Section 7270 of the Revenue and Taxation Code, the District
entered into a contract with the California Department of Tax and Fee Administration
("CDTFA" or the "Department") to perform all functions incident to the administration
and operation of the Transactions and Use Tax Ordinance; and
WHEREAS, the District deems it desirable and necessary for authorized
representatives of the District to examine confidential transactions and use tax records
of the California Department of Tax and Fee Administration pertaining to transactions
and use taxes collected by the Department for the District pursuant to that contract; and
WHEREAS, Section 7056 of the Revenue and Taxation Code sets forth certain
requirements and conditions for the disclosure of California Department of Tax and Fee
Administration records and establishes criminal penalties for the unlawful disclosure of
information contained in or derived from, the transactions and use tax records of the
Board.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, DOES
HEREBY, FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1 That the City Manager, Assistant to the City Manager/Development
Services Director, and Administrative Services Director are hereby appointed to
represent the District with authority to examine transactions and use tax records of the
CDTFA pertaining to transactions and use taxes collected for the District by the CDTFA
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pursuant to the contract between the District and the CDTFA. The information obtained
by examination of CDTFA records shall be used only for purposes related to the
collection of the District's transactions and use taxes by the CDTFA pursuant to the
contract.
SECTION 2. That the City Manager, Assistant City Manager/Development
Services Director, and Administrative Services Director are hereby appointed to
represent the District with authority to examine those transactions and use tax records
of the Department for purposes related to the following governmental functions of the
District:
a) City Administration and audit of transactions and use tax.
b) Revenue Management and budgeting.
The information obtained by examination of Department records shall be used only for
those governmental functions of the District listed above.
SECTION 3. That HdL Companies is hereby designated to examine the
transactions and use tax records of the Department pertaining to transactions and use
taxes collected for the District by the Department. The person or entity designated by
this section meets all of the following conditions:
a) has an existing contract with the District to examine those transactions and
use tax records;
b) is required by that contract to disclose information contained in, or derived
from those transactions and use tax records only to the officer or employee
authorized under Section 1 or Section 2 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;
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d) is prohibited by that contract from retaining the information contained in, or
derived from those transactions and use tax records after that contract has
expired.
The information obtained by examination of Department records shall be used only for
purposes related to the collection of District's sales, use and transactions taxes by the
Department pursuant to the contracts between the District and Department and for
purposes relating to the governmental functions of the City listed in section 2 of this
Resolution.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution.
Passed, approved, and adopted this 20th day of August , 2019.
Ma frf of the City of Arcadia
ATTEST:
Tar aiwor
Gere Glasco
APPROVED AS TO FORM:
1/40
Stephen P. Deitsch
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Resolution No. 7269 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 20th day of August, 2019 and that said Resolution was adopted by the
following vote, to wit:
AYES: Amundson, Beck, Chandler, Tay, and Verlato
NOES: None
ABSENT: None
,,r
Fry Clerk of flit' City of Arcadia
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