HomeMy WebLinkAbout2012-06-12; City Council; CS-185; Amend Municipal Code Chapter 3.37 Refund of Assessments...1
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EXHIBIT 1
ORDINANCE NO. CS-185
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING CARLSBAD
MUNICIPAL CODE CHAPTER 3.37 TO ADD A NEW
SECTION 3.37.055 RELATING TO THE ADMINISTRATION
OF REFUNDS OF ASSESSMENTS
NOW, THEREFORE, the City Council of the City of Carlsbad does
ordain as follows:
SECTION 1: That CMC section 3.37.055 is added to read as follows:
3.37.055 - Refund of Assessments.
(a) When not otherwise prohibited by law, the CTBID Advisory Board
may authorize a refund in any amount for assessment monies that
were erroneously paid to or collected by, but not actually due to the
CTBID at the time the funds were received, such as overpayments or
duplicate payments.
(b) A written request for refund, signed by the person paying the fee
shall be filed with the City of Carlsbad Finance Director (Finance
Director) setting forth the facts and reasons which justify the request.
(c) The Finance Director shall investigate the request and forward the
request and his/her recommendation to the CTBID Advisory Board.
(d) The CTBID Advisory Board shall make written findings that supports
the authorization for refund and shall send to the City of Carlsbad
City Manager regular reports of assessments refunds exceeding ten
thousand dollars.
(e) Upon receipt of proper authorization, the Finance Director shall make
the assessment refund.
(f) All requests for refund of assessments fees paid in error shall be
made within one (1) year of the date in which the assessment
payment made in error was posted to the CTBID account.
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INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on
the 5* day of June 2012, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 12th day of June 2012 by the following vote to wit:
AYES: Council Members Hall, Kulchin, Blackbum, Douglas, Packard.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
R. BALL, City Attomey
ATTEST:
LORRAINE M. WOOD, City Clerk
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