HomeMy WebLinkAboutCity Council Resolution 96-04 RESOLUTION NO. 96-04
RESOLUTION OF THE COUNCIL OF THE CITY OF SARATOGA
RESOLVED by the City Council of the City of Saratoga, California, that:
Whereas, the City 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 City's auditing of gas, electric, water, telephone and CATV
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 thin the Council of the City of Saratoga
hereby:
1. Institutes an audit proceeding of the City's gas, electric, water, telephone and
CATV 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 Council to issue subpoenas pursuant to
Government Code § 37104 et seq., 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
gas, electric, water, telephone and CATV 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 gas, electric, water, telephone, and CATV utility users taxes and
franchise fees, and for purposes of requesting audit information and information described in
Public Utilities Code § 6354 (j) , and for purposes of receiving such subpoenaed or requested
information.
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.
INTRODUCED AND PASSED: ........ ~/~ ,1996.
ATTEST: APPROVED:
City Clerk Mayor
APPROVED:
~ity M~{ager '
The above and foregoing resolution was passed and adopted by the City Council
of the City of Saratoga,a{:sa!:meeting held on the 7th day of February, 1996,
by the following vote:
AYES: Councilmembers Burger, Moran, Tucker, Wolfe and Mayor Jacobs
NOES: None
ABSENT:None