HomeMy WebLinkAboutReso - CC - 084-2001RESOLUTION NO.84-2001
RESOLUTION OF THE CITY COUNCIL OF THE CITYOF BURLINGAME
AUTHORIZING ACCESS BY DESIGNATED CITY CONSULTANT TO
SALES AND USE TAX RECORDS PURSUANT TO
REVENUE AND TAXATION CODE SECTION 7056
RESOLVED, by the City Council of the City of Burlingame:
WHEREAS, pursuant to Ordinance No. 996 (1973) [Burlingame Municipal Code chapter
4.08], the City of Burlingame entered into a contract with the State Board of Equalization [`Board"]
to perform all functions incident to the administration and collection of local sales and use taxes; and
WHEREAS, it is desirable and necessary for authorized representatives of the City to
examine confidential sales and use tax records of the State Board of Equalization pertaining to sales
and use taxes collected by the Board for the City pursuant to that contract; and
WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain
requirements and conditions for the disclosure of Board records, and establishes criminal penalties
for the unlawful disclosure of information contained in, or derived from, the sales and use tax
records of the Board,
NOW, THEREFORE, IT IS RESOLVED AND ORDERED:
1. Hinderliter, de Llamas & Associates is hereby designated to examine the sales and use
tax records of the Board pertaining to sales and use taxes collected for the City by the Board. The
consultant designated in this resolution meets all of the following requirements:
A. Has an existing contract with the City to examine these sales and use tax records; and
B. Is required by that contract to disclose information contained in, or derived from,
those sales and use tax records only to an officer or employee of the City who is authorized under
Section 7056 of the California Revenue & Taxation Code to examine the information; and
C. Is prohibited by that contract from performing consulting services for aretailer during
the term of that contract; and
D. Is prohibited by that contract from obtaining and retaining the information contained
in, or derived from those tax records, after that contract has expired.
The information obtained by examination of Board records shall be used only for purposed related
to the collection of City sales and use taxes by the Board pursuant to the contract between the City
and the Board and for purposes relating to the governmental functions of the City.
2. This resolution supersedes Resolution No. 73-90.
I, ANN T. MUSSO, City clerk ofthe City of Burlingame, do hereby certify that the foregoing
resolution was introduced at a regular meeting of the City Council on the16 th day of JULY , 2001
and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: COFFEY, GALLIGAN, O'MAHONY, SPINELLI
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: JT9NNEY
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CLERK