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55B - RESO DEPT OF TAX AGMT MEASURE X
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01/15/2019
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55B - RESO DEPT OF TAX AGMT MEASURE X
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Last modified
1/10/2019 7:02:47 PM
Creation date
1/10/2019 6:58:03 PM
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Template:
City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
55B
Date
1/15/2019
Destruction Year
2024
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EXHIBIT 4 <br />LS 1.15.19 <br />RESOLUTION NO.2019-xx <br />A RESOLUTION OF THE OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA AUTHORIZING THE EXAMINATION OF SALES AND <br />TRANSACTIONS AND USE TAX RECORDS <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS <br />FOLLOWS: <br />Section 1. The City Council of the City of Santa Ana conclusively finds, determines <br />and declares as follows: <br />WHEREAS, pursuant to Ordinance No. NS -2952, the City of Santa Ana entered into a <br />contract with the California Department of Tax and Fee Administration (CDTFA) to perform all <br />functions incident to the administration and collection of the Transactions and Use Tax <br />Ordinances and the local sales and use taxes; and <br />WHEREAS, City of Santa Ana deems it necessary for authorized representatives of <br />MuniServices, LLC to examine confidential sales and transactions and use tax records of the <br />CDTFA, pertaining to sales and transactions and use taxes collected by the CDTFA for City <br />of Santa Ana; and <br />WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth <br />certain requirements and conditions for the disclosure of CDTFA records and establishes <br />criminal penalties for the unlawful disclosure of information contained in, or derived from <br />sales or transactions and use tax records of the CDTFA; and <br />WHEREAS, Section 7056 of the California Revenue and Taxation Code requires that <br />any person designated by City of Santa Ana shall have an existing contract to examine City <br />of Santa Ana's sales and transactions and use tax records. <br />NOW, THEREFORE, it is hereby ORDERED, RESOLVED and DETERMINED, as follows: <br />Section 2. The Executive Director of Finance and Management Services, Assistant <br />Director of Finance, Treasury and Customer Services Manager, Budget Supervisor, Revenue <br />Supervisor or other officer or employee of the District designated in writing by the Executive <br />Director of Finance and Management Services to the CDTFA is hereby appointed to <br />represent the District with authority to examine transactions and use tax records of the <br />California Department of Tax and Fee Administration (CDTFA) pertaining to transactions and <br />use taxes collected for the District by the CDTFA, pursuant to the contract between the <br />District and the CDTFA. The information obtained by examination of CDTFA records shall be <br />used only for purposes related to the collection of the District's transactions and use taxes by <br />the CDTFA pursuant to the contract, including for purposes of detection of misallocations and <br />deficiencies. The officers and employees of the District listed above or other officers or <br />employees of the District subsequently designated in writing by the Executive Director of <br />Finance and Management Services pursuant to Section 3 below are authorized to receive <br />55B-19 <br />
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