HomeMy WebLinkAbout2015-049 - Authorizing the City Manager and the City8.3.15 LS
RESOLUTION NO. 2015 -049
A RESOLUTION OF THE CITY OF SANTA ANA AUTHORIZING
THE CITY MANAGER AND THE CITY ATTORNEY TO EXECUTE
CERTAIN DOCUMENTS REQUIRED BY THE CALIFORNIA
BOARD OF EQUALIZATION TO COLLECT THE CITY'S UTILITY
USERS' TAX ON PREPAID WIRELESS SERVICE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS
FOLLOWS:
Section 1: The City Council of the City of Santa Ana hereby finds, determines and
declares as follows:
A. Pursuant to Utility Users' Tax Ordinance No. NS -2864 of the City of Santa
Ana and the Local Prepaid Mobile Telephony Services Collection Act, the City
of Santa Ana (hereinafter "CITY "), wishes to enter into a contract with the
State Board of Equalization (hereinafter referred to as "the BOARD ") to
perform all functions incident to the administration and collection of the
prepaid mobile telephony services surcharge and local charges (Revenue
and Tax Code, § 42101.5) effective as of January 1, 2016.
B. The BOARD requires that CITY take the following actions: enter into a
contract with the BOARD by September 1, 2015; certify the CITY'S Utility
Users' Tax ordinance, its rate and applicability; and adopt a resolution
authorizing certain persons access to confidential information of the BOARD
that is reasonably available to the Board regarding the proper collection and
remittance of a local charge of the CITY.
NOW, THEREFORE IT IS RESOLVED AND ORDERED AS FOLLOWS:
Section 2. The City Manager is hereby authorized to sign on behalf of the City a
contract with the BOARD, as approved to form by the City Attorney, including any other
related documents required by the BOARD to perform all functions incident to the
administration and collection of the prepaid mobile telephony services surcharge and
local charges (Revenue and Tax Code, § 42101.5).
Section 3. The City Attorney is hereby authorized to sign on behalf of the CITY a
certification required by the BOARD certifying certain information regarding the CITY's
utility users tax ordinance, the applicable rate, and that it applies to all wireless
telecommunication services, including prepaid wireless.
Section 4. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
Resolution No. 2015 -049
Page 1 of 2
ADOPTED this 18th day of August, 2015.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By,
Lisa E. Storck
Assistant City Attorney
AYES: Councilmembers: Amezcua, Benavides Martinez Pulido, Reyna
Sarmiento (6)
NOES: Councilmembers: None (0)
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Councilmembers: Tinalero (1)
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached
Resolution No. 2015 -049 to be the original resolution adopted by the City Council of the
City of Santa Ana on August 18, 2015.
Date: elm
Resolution No. 2015 -049
Page 2 of 2
L71'la,1AA- . f
Clerk of Council
City of Santa Ana