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RESOLUTION NO. <br />A Resolution Authorizing the Examination of Prepaid Mobile Telephony Services Surcharge and <br />Local Charge Records <br />WHEREAS, pursuant to Ordinance No., 2015- of the City of San Leandro and the Local <br />Prepaid Mobile Telephony Services Collection Act, the City of San Leandro , hereinafter called <br />Local Jurisdiction, entered into a contract with the State Board of Equalization, hereafter referred to as <br />the Board, to perform all functions incident to the administration and collection of the prepaid mobile <br />telephony services surcharge and local charges (Rev. & Tax. Code, § 42101.5); and <br />WHEREAS, the Local Jurisdiction deems it desirable and necessary for authorized representatives of <br />the Local Jurisdiction to examine confidential prepaid mobile telephony services surcharge and local <br />charge records pertaining to the prepaid mobile telephony services surcharge and local charges <br />collected by the Board for the Local Jurisdiction pursuant to that contract; <br />WHEREAS, the Board will make available to the Local Jurisdiction any information that is reasonably <br />available to the Board regarding the proper collection and remittance of a local charge of the Local <br />Jurisdiction by a seller, including a direct seller, subject to the confidentiality requirements of Sections <br />7284.6, 7284.7 and 19542 of the Revenue and Taxation Code; and <br />WHEREAS, Sections 42110 and 42103 of the Revenue and Taxation Code sets forth certain <br />requirements and conditions for the disclosure of Board of Equalization records and establishes <br />criminal penalties for the unlawful disclosure of information contained in or derived from the prepaid <br />mobile telephony services surcharge and local charge records of the Board; <br />NOW, THEREFORE IT IS RESOLVED AND ORDERED AS FOLLOWS: <br />Section 1. That the Director of Finance or other officer or employee of the Local Jurisdiction <br />rte(,) of-thormed position(s)) <br />designated in writing by the City Manager to the Board is hereby appointed to represent <br />rtes ot positionsauthorized toDesignate) <br />the Local Jurisdiction with authority to examine prepaid mobile telephony services surcharge and local <br />charge records of the Board pertaining to prepaid mobile telephony services surcharge and local <br />charges collected for the Local Jurisdiction by the Board pursuant to the contract between the Local <br />Jurisdiction and the Board. The information obtained by examination of Board records shall be used <br />only for purposes related to the collection of the Local Jurisdiction's prepaid mobile telephony services <br />surcharge and local charges by the Board pursuant to the contract. <br />Section 2. That the Director of Finance or other officer or employee of the Local Jurisdiction <br />rtes ol aumorized position(s)) <br />designated in writing by the City Manager to the Board is hereby appointed to represent <br />rtes of position(s) auffiorized to Designate <br />the Local Jurisdiction with authority to examine those prepaid mobile telephony services surcharge and <br />local charge records of the Board for purposes related to the following governmental functions of the <br />Local Jurisdiction: <br />a) <br />b) <br />C) <br />compliance and enforcement of the utility users tax (local charge) <br />administrative functions set out in City's utility users tax ordinance <br />legal interpretation and enforcement of utility users tax ordinance <br />-1- <br />