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HomeMy WebLinkAboutRes 2019-08-604 IRS Power of AttorneyCITY OF ANNA, TEXAS RESOLUTION NO.1all-ag-tZ j. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING REPRESENTATION IN IRS MATTER AND DELEGATING AUTHORITY TO EXECUTE FORM 2848 IRS POWER OF ATTORNEY WHEREAS, the TML MultiState Intergovernmental Employee Benefits Risk Pool (the "Pool") may have failed to timely file IRS Forms 1094-C and 1095-C (the "Tax Forms") for the 2016 and 2017 federal tax years on behalf of the City of Anna, related to the City of Anna's provision of minimum essential health coverage to its employees: and WHEREAS, the Pool has agreed to resolve any proposed imposition of penalties and fines by the IRS for the late filing of the Tax Forms (the "Penalties") on behalf of all affected members of the Pool, including the City of Anna; and WHEREAS, the Pool has engaged the law firm of Mitchell, Williams, Selig, Gates & Woodyard, PLLC ("Mitchell Williams") to represent the Pool and its members before the IRS with respect to any such Penalties, and the Pool shall be solely responsible for all communication with and payment of Mitchell Williams with regard to such matter; and WHEREAS, in order for Mitchell Williams and its attorneys to communicate with the IRS regarding any Penalties proposed to be assessed against the City of Anna, an authorized official of the City of Anna must execute a Form 2848 IRS Power of Attorney authorizing the attorneys to represent the City of Anna before the IRS; and WHEREAS, the City of Anna finds it necessary and proper to authorize Jim Proce, City Manager, to execute a Form 2848 on behalf of the City of Anna for such purpose; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated. The recitals set forth above are incorporated herein for all purposes as if set forth in full Section 2. Authorization to Engage The City of Anna is hereby authorized to engage Mitchell Williams to represent the City of Anna before the IRS with respect to resolving the proposed IRS Penalties that have been or may in the future be asserted again the City of Anna. Section 3. Authorization to Execute The City of Anna is hereby authorized to execute Form 2848 IRS Power of Attorney, in the form attached hereto as Exhibit A, for the purpose of granting the attorneys listed therein the authority to represent the City of Anna before the IRS solely with respect any such proposed Penalties for tax years 2016 and 2017. RES.c)(jq _Cg._(p04 PAGE 1 OF 2 PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 27th day of August 2019. ATTEST: Carrie L. Smith, City Secretary APPROVED: Nate Pike, Mayor RES. JoI q ()9 -(,&4 PAGE 2 OF 2