R-8658
e e
RESOLUTION NO. 8658 (CCS)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA
AUTHORIZING ISSUANCE OF SUBPOENAS FOR AUDIT
PROCEEDINGS OF THE CITY OF SANTA MONICA'S GAS,
ELECTRIC, TELEPHONE AND CATV UTILITY USERS TAXES
AND FRANCHISE FEES
RESOLVED by the City Council of the City of Santa Monica,
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 periodic audits 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 gas, electric,
telephone and CATV utility users taxes and franchise fees, the City
1
e
e
has retained the services of Mun1cipal Resource Consultants
hereinafter "Consultant";
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. Audit proceedings of the City's gas,
electric, telephone and CATV utility users taxes and franchise fees
have been officially instituted and city staff and Consultant shall
periodically report to the C1ty Council the findings of such audit
activities.
SECTION 2. The Mayor of the City Council is authorized
to issue subpoenas pursuant to Government Code S 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, telephone and CATV
utility users taxes and franchise fees.
SECTION 3. Consultant is officially des1gnated as an
authorized representative of the city for purposes of conducting an
audit of the city's gas, electric, telephone, and CATV utility
users tax and franchise fees, and for purposes of receiving
subpoenaed audit information. Consultant and its subconsultants
are also authorized to execute a nondisclosure agreement
("Confidentiality Agreement") with respect to confidential
2
e
e
information that is received by Consultant and its subconsultants
on behalf of the City in connection with the authorized audit.
SECTION 4. The City Clerk shall certlfy the adoption of
this Resolution and, thenceforth and thereafter the same shall be
in full force and effect.
APPRp~
JOSEPH LAWRENCE
Acting city Attorney
wp51\moxon\audit.res\pc\df
3
J'
e
e
Adopted and approved thIS
14th
day of September
.1993
(). 12/~
V"JI-' Mayor
I hereby certIfy that the foregomg ResolutlOn No 8 6 5 8 was duly adopted at a
meetmg of the CIty CouncIl on the 14th
day of September
,1993 by the
followmg vote
AYES
Olsen, Rosensteln, Vazquez, Holbrook, Greenberg, Genser,
Abdo
NOES
ABST AIN
ABSENT
ATTEST
/ --/ t~
~~~b. MJ'l~
------- ~ CIty Clerk '