HomeMy WebLinkAbout93-084 - Instituting Audit Proceedings of Utility Users TaxRESOLUTION NO. 93-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA APPROVING INSTITUTING AUDIT
PROCEEDINGS OF UTILITY USERS TAX AND FRANCHISE
FEES.
WHEREAS, the City of Santa Ana derives substantial revenues
from its utility users taxes and franchise fees;
WHEREAS, it is prudent and appropriate that the City perform
a periodic audit of those persons or entities responsible for the
collection and/or payment of utility users taxes and franchise fees
to the City;
WHEREAS, in order to conduct a thorough and efficient audit,
the City requires reasonable access to certain information,
records, and data of those persons or entities responsible for the
collection and/or payment of utility users taxes and franchise fees
to the City;
WHEREAS, with respect to the auditing of utility users taxes
and franchise fees, the City has retained the services of Municipal
Resource Consultants and Donald H. Maynor (through MRC),
hereinafter "Consultants";
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of
Santa Ana hereby:
1. Institutes an audit proceeding of the city's utility
users taxes and franchise fees, wherein the City Staff and
Consultants shall periodically report to the City Council the
findings of such audit activities.
2. Authorizes the Mayor of the City of Santa Ana to issue
subpoenas pursuant to Santa Ana Charter §411, requiring the
subpoenaed party to provide certain information to the City and/or
its authorized representatives for purposes of conducting an audit
of the City's utility users taxes and franchise fees.
3. Designates Consultants as authorized representatives of
the City for purposes of conducting an audit of the City's utility
users taxes and franchise fees, and for purposes of requesting
subpoenaed audit information and information described in Public
Utilities Code §6354(j), and for purposes of receiving such
subpoenaed or requested information.
166
RESOLUTION NO. 93- 84
PAGE TWO
4. Authorizes the Mayor, City Manager, and/or Consultants,
as required by the responding party, to execute non-disclosure
agreements on behalf of the city in appropriate cases in which
confidential or proprietary information is requested or subpoenaed,
and such information is not subject to disclosure under the Public
Records Act.
ADOPTED the 4th day of October , 1993.
ATTEST:
COUNCILMEMBERS:
Young Aye
Pulido Aye
Lutz Aye
Mills Absent
Moreno .Aye
Norton Aye
Richardson Aye
Mayor
APPROVED AS TO FORM:
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
I, ]ANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution
~-~ ~ ~ to be the original resolution adopted by the City Council of the
City of Santa Aha on
Date:
Clerk of the Cou~ncil
City of Santa Aha ,--_..t