Loading...
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