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HomeMy WebLinkAboutMINUTES - 03192002 - C90 TD: . BOARD OF SUPERVISORS #r j, =',` C)NTR COSTA FROM: John Sweeten :�. �' COUNTY County Administrator Cy-- DATE: March 19, 2002 SUBJECT: Resolution to State Board of Equalization Authorizing Access to Sales and Use Tax Records SPECIFIC REQUEST(S)OR REC504MENSATI5N(S)&BACKGROUND AND JUSTIFICATION Recommendation: ADOPT the attached resolution authorizing;appropriate County officials continued access to confidential County Sales and Use Tax Records. Section 7056 of the Revenue'and Taxation Code provides that any County, City or district wishing to examine the Board of Equalization's records to°verify'that transactions subject to sales or transactions and use tax have been reported properly, must adopt a resolution authorizing one(or more) of its officials, employees, or other designated person to examine the appropriate sales or transactions and use tax records of the Board: Local officials allowed access to confidential'SBOE records should note that the use of such information is limited to governmental purposes and is not subject to release in public meetings or other such forums. Contra Costa County has been asked to provide an updated resolution since the last resolution passed by the Board was in '1990,' Attachment CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ,'APPROVE OTHER SIGNATUREiS): ACTION OF 80 N .f r: d APPROVED'AS RECOMMENDED X OTHER VOTE OF SUPERVISORS r I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT , ° ) AND CORRECT COPi'OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Contact:Tony Enos 5-1094 # Cc:Jim Kennedy ATTESTED Stave Dawkins John Sweeten,CLERK OF THE BOA €7 Hindediter Ltamas'Associates SUPERVISORS AND COUNTY ADMINISTRATOR �'y+fit@ DEPUTY BY RESOLUTION NO. 2002/158 A RESOLUTION OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY AUTHORIZING ACCESS TO SALES AND USE TAX RECORDS' PURSUANT TO REVENUE AND TAXATION CODE SECTION 7056 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY HEREBY RESOLVES AS FOLLOWS: Section 1. The following County officials are hereby authorized to receive and review sales and use tax allocation information from the State Board of Equalization: Members of the Board of Supervisors (optional) County Administrator: John Sweeten Senior Deputy County Administrator: Tony Enea Redevelopment Director: Jim Kennedy Assistant County Assessor: Steve Dawkins Other officers or employees of the County as designatedin writing to the S'BOE by the County Administrator Section 2. The following independent contractor for Contra Costa County is hereby also authorized to receive and review sales and use tax data received from the State Board of Equalization: Hinderliter, de Llamas & Associates: Robert Hinderliter, Principal' Lloyd de Llamas, Principal Section 3. Contra Costa' County hereby certifies that Hinderliter, de Llamas & Associates: A. Has a current confidentiality contract with the County to receive 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 County who is authorized by this resolution to examine the information; and C. Is prohibited by that contract form performing, consulting service for a retailer during the term of that contract; and D. Is prohibited by that contract from retaining the information contained in, or derived from those sales tax records, after that contract has expired. Section 4. Information obtained by examination of Beard records shall be used only for purposes related to the collection of local sales and use taxes by the Board for municipal revenue forecasting and verification. Section 5. This resolution supersedes all previous authorizations. Section 6. The Clerk of the Board shall certify to the adoption of this Resolution and send forward'a certified copy to: STATE BOARD OF EQUALIZATION LOCAL REVENUE ALLOCATION;SECTION 450 N Street, MIC 27 (PO BOX 942879) Sacramento, CA 94279 Attention: Cleveland Turner PASSED BY THE BOARD on March 19, 2002 by the following vote: AYES: Supervisors ummm, GEnm, DEsmnNm, Am GjazA NOES: None ABSENT: None ABSTA N: NM Chair of the Board ATTEST: John Sweeten, Clerk of the Board of Supervisors and County Administrator Clerk of the Board --� DATina's Files\Word\Tony\Resotution.doc3/11/02 CLERK'S CERTIFICATE The undersigned, 'Secretary of the Board of Directors of the County of Contra Costa Public Financing Authority,hereby certifies as follows: The foregoing is a full, true and correct copy of a resolution duly adopted at a regular meeting of the Board of Directors of said Authority duly and regularly held at the regular meeting place thereof on the ?.6 day of March 2002, of which meeting all of the members of said Board of Directors had due notice and at which a,majority thereof were present; and at said meeting said resolution was adopted by the following vote: AYES: NOES: An agenda of said meeting was posted at least 96 hours before said meeting,at the County Administration Building, 651 Pine Street, Martinez, California, a location freely accessible to members of the public, and a brief general description of said resolution appeared on said agenda. I have carefully compared the same with the original minutes of said meeting on file and of record in my office the foregoing resolution is a full, trueand correct copy of the original'resolution adopted'at said meeting and entered in said minutes; and said resolution has not been amended, modified or rescinded since the date of its adoption, and the same is now in full force and effect. WITNESS my hand this 2(, day of 2002. 19 , LAI- [Seal] Secretary nocssr 15896 9. 40511-131 MAC Signatories and the Director, Capital Facilities and Debt Management of the County on behalf of the Authority are hereby authorized and directed to execute and deliver any and all certificates, instructions as to investments, written requests and other certificates necessary and desirable to administer the Bonds and the Trust Agreement or other documents authorizedhereunder including executing Written Requests of the Authority authorizing disbursements from the Costs of Issuance Fund for payment of cost of issuance such as legal and financial advisor fees, trustee's fees,title insurance and band insurance premiums,publication and printing costs,rating agency fees and similar expenses of the bond financing. Section 11. All actions heretofore taken by the officers and agents of the Authority with respect to the issuance and sale of the Bonds are hereby approved and confirmed. Section 12. This Resolution shall take effect from and after its date of adoption. PASSED AND ADOPTED this:2b day of march , 2002. Cha' the Board of irectors Co u t of Contra Costa, California [Seal] ATTEST Secretary of the Board of Directors If .� DOC SSP1:589G99. 40511-121 Ntnc 6