HomeMy WebLinkAbout2006-02-21; City Council; Resolution 2006-039Exhibit 1
1 RESOLUTION NO. 2006-039
2
A RESOLUTION OF THE CITY COUNCIL OF THE
3 CITY OF CARLSBAD, CALIFORNIA, REFUNDING
SEWER CHARGES TO BRINDISI
4 HOMEOWNERS ASSOCIATION.
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6 WHEREAS, In 2001 water meters were installed at the Brindisi condominium project to
7 serve both irrigation and domestic water to residents; and
8 WHEREAS, Brindisi Homeowners Association notified the City of Carlsbad in November
9 of 2005 that the meters were incorrectly classified and that the sewer costs associated with the
1 o misclassified accounts exceeded the appropriate charges; and
WHEREAS, Staff has confirmed that the meters were incorrectly classified for a period of
12 4 and 1/2 years; and
13 WHEREAS, Section 13.12.090 of the Carlsbad Municipal Code allows City staff to refund
14 up to one year's sewer charges when an error or miscalculation has been discovered; and
15 WHEREAS, staff has refunded $3,479.46 representing one year of excess charges
related to the Brindisi accounts; and
17 WHEREAS, Brindisi Homeowners Association has filed a claim with the City requesting
18 refund of overpayment of their sewer charges to the City of Carlsbad for the period beyond the
19 one year of excess charges refunded by staff; and
20 WHEREAS, the Finance Department confirmed the overpayment by Brindisi
21 Homeowners Association and verified the refund amount; and
22 NOW, THEREFORE, BE IT RESOLVED,
23 SECTION 1. That the above recitals are all true and correct.
24 SECTION 2. That a refund of sewer charges of $12,709.13 to Brindisi Homeowners
25 Association is authorized, subject to the receipt by the City of a signed release in a form
26 acceptable to the City Attorney.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 21st day of February , 2006 by the following vote, to wit:
AYES: Council Members Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: Mayor Lewis
MATT HALL, Mayor Pro-Tern
CEST:
c^ivj
LORRAINE M. WOOD, City Cle/rk
(SEAL)