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HomeMy WebLinkAboutCC RESO 2006-157RESOLUTION NO. 2006 — 157 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DESIGNATING MBIA MUNISERVICES COMPANY AS THE AUTHORIZED CITY REPRESENTATIVE TO EXAMINE TRANSACTIONS AND USE TAX (SALES TAX) RECORDS WHEREAS, pursuant to California Revenue and Taxation Code Section 7200, et. seq., the City of National City has adopted a transactions and use tax (sales 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 procedures followed by the State Board of Equalization in administering and collecting the California State Sales and Use Taxes; and WHEREAS, the City of National City has entered into an agreement for sales tax audit and information services with the firm of MBIA MuniServices Company, to designate MBIA MuniServices Company as the authorized Consultant to examine such sales tax records maintained by the Board on behalf of the City of National City; 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 National City as follows: 1. In all respects as set forth above, the City Council of the City of National City hereby certifies to the State Board of Equalization that MBIA MuniServices Company is the designated representative of the City of National City to examine all of the transactions and use tax records of the Board pertaining to transactions and use taxes collected by the Board on behalf of the City of National City. 2. Pursuant to California Revenue and Taxation Section 7056(b), the City Council of the City of National City certifies that MBIA MuniServices Company (hereinafter referred to as "Consultant") meets all of the following conditions: a. 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; b. Consultant is prohibited by the contract from performing consulting services for a retailer during the term of the contract; and c. Consultant is prohibited from retaining the information contained in, or derived from, those sales tax records after the contract has expired. --- Signature Page to Follow --- Resolution No. 2006 — 157 August 1, 2006 Page 2 PASSED and ADOPTED this 1st day of August, 2006. Nick`nzunza, ATTEST: APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on August 1, 2006, by the following vote, to -wit: Ayes: Councilmembers: Morrison, Natividad, Parra, Zarate. Nays: None. Absent: Inzunza. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California A City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-157 of the City of National City, California, passed and adopted by the Council of said City on August 1, 2006. City Clerk of the City of National City, California By: Deputy