HomeMy WebLinkAboutR-10655 Authorizing the City Mgr & Atty to execute certain documents required to collect the Citys Utility users tax on prepaid wireless serviceRESOLUTION NO. 10655 2015 Series
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING THE CITY MANAGER AND
THE CITY ATTORNEY TO EXECUTE CERTAIN DOCUMENTS
REQUIRED BY THE BOARD OF EQUALIZATION TO COLLECT THE
CITY'S UTILITY USERS TAX ON PREPAID WIRELESS SERVICE
WHEREAS, pursuant to UUT Ordinance No. 1586 (2012 Series) of the City of San Luis
Obispo and the Local Prepaid Mobile Telephony Services Collection Act, the City of San Luis
Obispo (hereinafter CITY), wishes to enter 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) effective January 1, 2016; and
WHEREAS, the BOARD requires that CITY enter into a contract with the BOARD by
September 1, 2015; certify the CITY'S UUT ordinance, its rate and applicability; and adopt a
resolution authorizing certain persons access to confidential information of the BOARD that is
reasonably available to the Board regarding the proper collection and remittance of a local
charge of the CITY.
NOW, THEREFORE IT IS RESOLVED by the Council of the City of San Luis
Obispo as follows:
The City Manager is hereby authorized to sign on behalf of the City a contract with the
BOARD, as approved by the City Attorney, including any other related documents required by
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).
Further, the City Attorney is hereby authorized to sign on behalf of the City a
certification required by the BOARD certifying certain information regarding the CITY's utility
users tax ordinance, the applicable rate, and that it applies to all wireless telecommunication
services, including prepaid wireless. The City Attorney may also sign any other documents relate
to the implementation of the collection agreement and the Mobile Telephony Services Collection
Act.
Upon motion of Vice Mayor Ashbaugh, seconded by Council Member Christianson,
and on the following roll call vote:
AYES: Council Members Carpenter, Christianson, and Rivoire,
Vice Mayor Ashbaugh, and Mayor Marx
NOES: None
ABSENT: None
R 10655
Resolution No. 10655 (2015 Series) Page 2
The foregoing resolution was adopted this 18th day of August 2015.
('I, Tki'p,
Mayor J n Marx or
ATTEST:
APPROVED AS TO FORM:
,V : J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my ha Zcl and affixed the official seal of the
City of San Luis Obispo, California, this ? day of
Ahthony J.
City Clerk
R 10655
CERTIFICATION
I, Katie Lichtig am authorized to sign this certification on behalf of City of San Luis Obispo
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I certify to the following:
Please check all the following that apply to your jurisdiction:
1. 911 Charges /Access to Communication Services - Ordinance No. 1586 of the
City of'San Luis Obisp? , imposes the local charge set forth in the ordinance to prepaid mobile
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telephony services for access to communication services or to local 911 emergency
telephone systems. As required by section 42102.5, the percentage reflecting the rate for
access to the local 911 emergency telephone systems or access to communications
services is
2. X Utility User Tax - Ordinance No. 1586 of the City of San Luis Obispo imposes the local
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charge set forth in the ordinance to the consumption of prepaid mobile telephony
services. The tiered rate for the utility user tax, as identified in section 42102 is
4.8%
3. The City of San Luis Obispo agrees to indemnify and to hold harmless the Board of
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pri.diaU,
Equalization (Board), its officers, agents, and employees for any and all liability for
damages that may result from the Board's collection pursuant to this agreement.
Executed in the City of San Luis Obispo
MEMEMMMAMEEMMIMIMM
Signature
Printed name
on August 18, 2015
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Title of person City Manager