HomeMy WebLinkAbout2012-06-12; City Council; 20937; Amend Chapter 3.37 of Carlsbad Municipal Code Adding New Section 3.37.055 Refund AssessmentCITY OF CARLSBAD - AGENDA BILL
AB# 20,937 AMEND CHAPTER 3.37 OF THE CARLSBAD
MUNICIPAL CODE ADDING A NEW SECTION
3.37.055 - REFUND OF ASSESSMENT
DEPT. DIRECTOR
MTG. 6/12/12
AMEND CHAPTER 3.37 OF THE CARLSBAD
MUNICIPAL CODE ADDING A NEW SECTION
3.37.055 - REFUND OF ASSESSMENT CITY ATTORNEY cjU
DEPT. Clerk
AMEND CHAPTER 3.37 OF THE CARLSBAD
MUNICIPAL CODE ADDING A NEW SECTION
3.37.055 - REFUND OF ASSESSMENT
CITY MANAGER
RECOMMENDED ACTION:
Adopt Ordinance No. CS-185. amending Chapter 3.37 of the Carlsbad Municipal Code to add a
new section 3.37.055 relating to the administration of refunds of assessments.
Ordinance No. CS-185 was introduced and first read at the City Council meeting held on June
5, 2012. The second reading allows the City Council to adopt the ordinance which will become
effective thirty days after adoption. The City Clerk's Office will have the ordinance published
within fifteen days, if adopted.
FISCAL IMPACT:
See AB #20,921 on file in the Office of the City Clerk.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065, this action does not constitute a "project"
within the meaning of CEQA in that it has not potential to cause either a direct physical change
in the environment, or a reasonably foreseeable indirect physical change in the environment,
and therefore does not require environmental review.
EXHIBIT:
1. Ordinance No. CS-185.
DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen.Kundtz@carisbadca.aov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC •
DENIED CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
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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 othen/vise 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 fon/vard 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) Ail 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
ATTEST:
f<:r>':?^^^<:^ (SEAL)
LORRAINE M. WOOD, City Clerk