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CC Resolution No. 8756 RESOLUTlOO NO. 8756 A RESOLUTlOO OF THE CITY aJUNCIL OF THE CITY OF CtJPERrINO INSTI'lUTING AN AUDIT OF UTILITY USER 'l2\XES AND FRANQUSE FEES, AU'lHORIZING ISSUANCE OF SUBPOENAS FOR RECORDS, DESIGNATING MUNICIPAL RESOORCE Cn¡SUllI21NTS AND ~ H. MAYNJR AS REPRESENTATIVES OF THE CITY RESOLVED by the City Council of the City of CUpertino that: WHEREAS, it is prudent and appropriate that the City perform a periodic audit of those persons or entities responsible for the oollection and/or pay¡œnt of utility user taxes and franchise fees to the City; WHEREAS, in order to oonduct a thorough and efficient audit, the City requires reasonable access to certain infonnation, records, and data of those persons or entities responsible for the collection and/or pay¡œnt of utility users taxes and franchise fees to the City; WHEREAS, with respect to the 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 Municipal Resource Consultants); 1!O'l, THEREFORE, BE IT RESOLVED, that the City Council of the City of CUpertino 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 City Consultants shall periodically report to the City Council the findings of such audit activities. 2. Authorizes the Mayor of the City Council to issue suqx,enas pursuant to Government Code §37104 et seq., requiring the suJ::çoenaed party to provide certain infonnation to the City and/or its authorized representative for purposes of conducting an audit of the City's gas, electric, water, telephone, and CKN utility users taxes and franchise fees. RESOliJTICN NO. 8756 3. Municipal Resource Consultants and Donald H. Maynor are hereby designated as authorized representatives of the City for purposes of cxmducting an audit of the City's gas, electric, and telephone utility users taxes, and for the purposes of receiving sutp:Jenaed audit info:r:mation. Municipal Resource Consultants and Donald H. Maynor are also authorized to execute a nondisclosure agreaænt on behalf of the City. 4. This resolution becx:Iœs void 180 calendar days after adoption. PASSED AND AOOPI'ED at a regular maeting of the City Council of the City of Cupertino this 21st day of September , 1992, by the following vote: vote MaItJers of the city Council AYES: Dean, Goldman, Koppel, Szabo, Sorensen NJES: None ABSENT: None ABSTAIN: None APPRO\IED: /8/ Lauralee Sorensen Mayor, City of Cupertino ATmST: /s/ Roberta A. Wolfe City Clerk, Deputy