2019-032 - Authorizing Representation in an IRS Matter and Delegating Authority to Execute Form 2848 IRS Power of Attorney

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RESOLUTION NO. 2019-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS AUTHORIZING REPRESENTATION IN AN IRS MATTER AND DELEGATING AUTHORITY TO EXECUTE FORM 2848 IRS POWER OF ATTORNEY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the TML MultiState Intergovernmental Employee Benefits 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 Paris, Texas, related to the City of Paris' 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 Paris, Texas; 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 Paris, Texas, an authorized official of the City of Paris, Texas must execute a Form 2848 IRS Power of Attorney authorizing the attorneys to represent the City of Paris, Texas before the IRS; and WHEREAS, the City Council of the City of Paris, Texas finds it necessary and proper to authorize the Interim City Manager to execute a Form 2848 on behalf of the City of Paris, Texas for such purpose; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. The TML MultiState Intergovernmental Employee Benefits Pool is hereby authorized to engage Mitchell Williams to represent the City of Paris, Texas before the IRS with respect to resolving the proposed IRS Penalties that have been or may in the future be asserted against the City of Paris, Texas. Section 2. The Interim City Manager is hereby authorized to execute a 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 Paris, Texas before the IRS solely with respect to any such proposed Penalties for tax years 2016 and 2017.