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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2015-156 A Resolution Authorizing the Examination of Prepaid Mobile Telephony Services Surcharge and Local Charge Records WHEREAS, pursuant to Ordinance No., 2015-010 of the City of San Leandro and the Local Prepaid Mobile Telephony Services Collection Act,the City of San Leandro ,hereinafter called Local Jurisdiction, entered into a contract with the State Board of Equalization, hereafter 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 (Rev. & Tax. Code, § 42101.5); and WHEREAS, the Local Jurisdiction deems it desirable and necessary for authorized representatives of the Local Jurisdiction to examine confidential prepaid mobile telephony services surcharge and local charge records pertaining to the prepaid mobile telephony services surcharge and local charges collected by the Board for the Local Jurisdiction pursuant to that contract; WHEREAS, the Board will make available to the Local Jurisdiction any information that is reasonably available to the Board regarding the proper collection and remittance of a local charge of the Local Jurisdiction by a seller, including a direct seller, subject to the confidentiality requirements of Sections 7284.6, 7284.7 and 19542 of the Revenue and Taxation Code; and WHEREAS, Sections 42110 and 42103 of the Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Board of Equalization records and establishes criminal penalties for the unlawful disclosure of information contained in or derived from the prepaid mobile telephony services surcharge and local charge records of the Board; NOW,THEREFORE IT IS RESOLVED AND ORDERED AS FOLLOWS: Section 1. That the Director of Finance or other officer or employee of the Local Jurisdiction (l ttle(s)of authorized position(s)) designated in writing by the City Manager to the Board is hereby appointed to represent (1 We(s)of position(s)authorized to Designate) the Local Jurisdiction with authority to examine prepaid mobile telephony services surcharge and local charge records of the Board pertaining to prepaid mobile telephony services surcharge and local charges collected for the Local Jurisdiction by the Board pursuant to the contract between the Local Jurisdiction and the Board. The information obtained by examination of Board records shall be used only for purposes related to the collection of the Local Jurisdiction's prepaid mobile telephony services surcharge and local charges by the Board pursuant to the contract. Section 2. That the Director of Finance or other officer or employee of the Local Jurisdiction (1 ltte(s)of authorized pouhon(s)) designated in writing by the City Manager to the Board is hereby appointed to represent (1 niers)of position(s)aothonzed to Designate) the Local Jurisdiction with authority to examine those prepaid mobile telephony services surcharge and local charge records of the Board for purposes related to the following governmental functions of the Local Jurisdiction: a) compliance and enforcement of the utility users tax(local charge) b) administrative functions set out in City's utility users tax ordinance c) legal interpretation and enforcement of utility users tax ordinance -1-