HomeMy WebLinkAbout1985-03-19; City Council; 8093; Refund of Feesz
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CIT. JF CARLSBAD -AGEND, 31LL
AB# J"&f.3
,MTG. ~/J9/8_5
I.II.LE; REFUND O.F FEES
DEPT. Finance
RECOMMENDED ACTION:
Approve the refund of the following fees:
McMillin Development Inc.
Bert Freehof
R. C.Jewett Co.
ITEM EXPLANATION:
$31,222.00
$1,400.00
$10,482.10
The following fees have been collected by the City and should be
refunded to t~e appropriate parties:
NAME
Mcl.1illin Development Inc.
2727 Hoover Ave.
National City, Ca. 92050
Bert Freehof
1015 Chestnue Ave.
B2
Carlsbad, Ca. 92008
R. C. Jewett Co.
1150 E. Elm Ave.
Fullerton, Ca.
FISCAL IMPACT:
AMOUNT
$31,222.00
$1,400.00
$10,482.10
REASON
McMillin Dev. Co. put up a cash
deposit for grading and erosion con-·
trol. The grading is complete and
Ma\fillin Dev. Co. is requesting a
reftmd of their cash deposit.
Mr. Freehof paid the fee for Business
License Tax on oennit #82-230 in
. 1983 and repaid.it on pennit #85-7
on 1/7/85. Mr. Freehof is requesting,
a refund of the double payment.
Jewett Co. nut un a cash denosit for
grading and· erosion controf. The
grading is comnlete and the slopes
have been planted & growing. City
insuector okayed it and the Jewett
Co.♦is requesting a refund of their '
cash deposit.
Any refund of fees reduces the amount of revenue available to the
city: however, the city may not retain fees collected in error,
collected for services ~hich cannot be rendered, or collected with
the intentlon of using said fees for a deposit to guarantee the
completion of a task once the task is completed.
I
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Jan. 9, 1985
Mr •• Martin Orenyak
Qirectorj Building & Planning
City of Carlsbad
1200 Elm Ave.
Carlsbad, Ca. 92008
Re: Building Permit 85-7
Building Permit 82-230
Subject: 2X License Tax
Dear Mr. Orenyak:
I am writing this letter as a means of formally requesting a
$1,400 refLmd of a 2X License Tax that was imposed in order to
obtain bulding permit 85-7 on 1/7/85. A copy of this p~rmit,
with the fees stipulated on it, is enclosed for your reference.
I recognize the obligation to pay such a tax --however, this tax
was paid during the first quarter of 1983 through the issuance of
0 bu£lding permit 82-230 (a copy of this permit is enclosed for
your reference).
The two building permits that I have referenced pertain to an
office building at Chestnut & Pio Pico. When the initial permit
(82-230) was obtained, it included all the work necessary for
100¼ of the tenant improvements. Please note that the building
department•~ comments so indicate tbis. However, until now we
have only completed about 1/2 of these tenant improvements, and
permit 85-7 represents about another 36¾ of the building.
In as much as Secti9n 5.09.040 of Ordinance No. 6067 presents a
provision of a credit for any such prior paid license tax, we
deem this request for credit and refund of the $1,400
appropriate. In affect, we have paid this tax twice. In the
interests of expediency to construct the work covered under
permit 85-7, we elected to pay this sum at the time of obtaining
, the permit, with the intention of subsequently requesting a
credit, which is now covered in this letter.
Please issue the check to our partnership as noted below. Thank
you for your prompt attention to this matter.
Sincerely,
Seagate Realty and Haman Development Co.
Bert Freehof,
1015 Chestnut
Carlsbad, Ca.
(619)434-1031
1
General Partner
Ave., B2
92008