Resolution No. 4622RESOLUTION NO. 4622
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUIRING
A SUBPOENAED PARTY TO PROVIDE CERTAIN INFORMATION TO THE CITY
AND /OR ITS AUTHORIZED REPRESENTATIVES FOR PURPOSES OF CONDUCTING
AN AUDIT OF THE CITY'S FRANCHISE TAXES.
WHEREAS, the City of Cypress derives substantial revenues from
its franchise fees:
WHEREAS, it is prudent and appropriate that the City of
Cypress perform a periodic audit of those persons or entities
responsible for the collection and /or payment of franchise fees to
the City;
WHEREAS, in order to conduct a thorough and efficient audit,
the City of Cypress requires reasonable access to certain
information, records, and data of those persons or entities
responsible for the collection and /or payment of franchise fees to
the City;
WHEREAS, with respect to the City's auditing of gas, electric,
water and CATV franchise fees, the City has retained the services
of Municipal Resource Consultants and Donald H. Maynor (through
MRC), hereinafter "Consultants ";
NOW, THEREFORE, the City Council of the City of Cypress DOES
HEREBY RESOLVE as follows:
1. The City of Cypress institutes an audit procedure of the
City's gas, electric, water and CATV franchise fees, wherein the
City Staff and Consultants shall periodically report to the City
Council the findings of such audit activities.
2. The City of Cypress authorizes the Mayor of the City
Council to issue subpoenas pursuant to Government Code Section
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
and CATV franchise fees.
3. The City of Cypress designates Consultants as authorized
representatives of the City for purposes of conducting an audit of
the City's gas, electric, water and CATV franchise fees, and for
purposes of requesting audit information and information described
in Public Utilities Code Section 6354 (j), and for purposes of
receiving such subpoenaed or requested information.
4. The City of Cypress 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.
PASSED AND ADOPTED by the City Council of the City of Cypress
at a regular meeting held on the 22nd day of April 1996.
ie6V1"-
MAYOR OF THE CITY OF CYPRESS
ATTEST:
o
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
401
402
I, LILLIAN M. HAINA, City Clerk of the City of Cypress, DO
HEREBY CERTIFY that the foregoing Resolution was duly adopted at a
regular meeting of the said City Council held on the 22nd day of
April, 1996; by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Carroll, Jones, Kerry
NOES: 0 COUNCIL MEMBERS: None and Bowman
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS