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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1976-001_?�_C' leo5'�P_ cl h 7 : Cl This Ordinance Introduced By: G� Y-Y1 ) C_6_� Temporary No. -4 :2- CITY OF TAMARAC, FLORIDA ORDINANCE NO. _7 AN ORDINANCE PROVIDING THE POWER IN THE CITY COUNCIL OF THE CITY OF TAMARAC TO REFUND FEES SHOWN TO BE TAKEN AND COLLECT- ED ERRONEOUSLY; PROVIDING CRITERIA FOR THE DETERMINATION OF THE ERRONEOUS COLLECTION OF FEES; PROVIDING FOR APPLICATION PROCE- DURES; REPEALING ANY AND ALL PROVISIONS OF THE CODE OF ORDINANCES OF THE CITY OF TAM- ARAC IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tamarac re- cognizes that in the process of the conduct of municipal business certain errors and miscalculations with respect to the taking of fees for municipal services may be made by employees and/or officers of the City of Tamarac or may be made by persons seeking to take advantage of municipal ser- vices, and WHEREAS, the City Council of the City of Tamarac is desirous of treating all persons and entities in an equitable fashion and is further desirous of making restitution in those cases where it is shown that fees for various services have been taken and collected erroneously, and WHEREAS, the City Council of the City of Tamarac is desirous of providing for application procedures with respect to the refund of various fees shown to be taken and collected erroneously, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: Power to Refund Fees Taken and Collect- ed Erroneously: The City Council of the City of Tamarac is hereby empowered to refund various fees taken and collected by the City of Tamarac in each instance where it is shown, upon application, that fees, including but not limited to, building permit fees, license fees and fees paid in lieu of the dedication of recreational lands, are taken and collected by the City of Tamarac erroneously due to error, miscalculation or for any other reason which would render the withholding of the refund of such fees inequitable. SECTION 2: Refund Procedure; Application: Any per- son and/or entity asserting that the collection of any fee by the City of Tamarac was or is in error shall make appli- cation, in the manner hereinafter provided, to the City Council of the City of Tamarac, through the office of the City Manager of the City of Tamarac, for the refund of any fee or part thereof believed to be taken and collected by the City of Tamarac erroneously. A. Application. Any person and/or entity assert- ing the validity of grounds for the refund of fees erroneously taken and collected by the City of Tamarac shall make appli- cation therefor to the office of the City Manager of the City of Tamarac on such forms as may be prescribed and promulgated by said Office, which forms shall include or provide for the following: 1. Name and address of applicant; 2. Telephone number of applicant; 3. Nature of fee paid; 4. Department collecting fee; 5. Amount and date of fee paid; 6. Amount of fee which applicant deems subject to refund; 7. Evidence of payment (all evidence of payment may be attached by appropriately designated exhibit); 8. Grounds upon which applicant asserts that applicant is due a refund of such fee or part thereof; 9. Appropriate provisions of the Laws of the State of Florida or Ordinances of the City of Tamarac supporting the validity of the refund requested. 2 - B. Application Fee. Each applicant shall pay to the City of Tamarac an application fee of Ten Dollars ($10.00) for each application submitted with respect to the application for refund as herein contemplated and provided. Such fee shall be paid on or before the submission of the application for refund. C. Criteria Respecting Refund. The City Council of the City of Tamarac shall refund all or part of the fee deemed to be taken and collected by the City of Tamarac erroneously; provided, however, that upon majority vote .,of the City Council of the City of Tam- arac it is found: 1. That the fee or part thereof subject to application for refund was taken and collected by the City of Tamarac erroneously due to error or miscal- culation by the City of Tamarac, it's employees and/or agents; or 2. That the services to be performed or accomplished by the City of Tamarac, it's employees and/or agents, pursuant to the taking and collection of such fee, have not been so performed or accomplished, to the effect that the City of Tamarac, it's employees and/or agents, have not expended substantial time and/or monies relative to the taking and collection of such fees or part thereof subject to the application for refund. 3. That the applicant has complied with the application procedures for refund herein required, including the payment of the application fee required herein. D. Determination and Findings. In the event 3 - the City Council of the City of Tamarac determines and finds that the applicant for refund has substantially complied with the provisions hereof and that a refund of such fee or part thereof is just, equitable and required pursuant to the terms hereof, the City Council of the City of Tamarac shall, upon motion duly passed as required herein, direct the City Manager of the City of Tamarac to cause a refund as described by the City Council of the City of Tamarac to be paid to the applicant. In the event the City Council of the City of Tamarac, upon investigation and inquiry, determines and finds that the fee which is the subject matter of the application for refund was not taken and collected by the City of Tamarac erroneously, said City Council shall reject, upon motion duly made and passed as required herein, said application for refund. In any event, the determination of the City Council with respect to the question of the application for refund shall be final and determinative of all issues re- specting said application for refund. SECTION 3: Investigation: Upon the receipt of each and every application submitted pursuant to the terms hereof, a copy of said application shall be delivered to the appropriate Department Head, who upon receipt of same shall conduct a survey of the appropriate records of the City of Tamarac and make an investigation with respect to the payment of the fees in question as may be appropriate under the circumstances. Subsequent to the survey and in- vestigation as required hereunder, such Department Head shall summarize his findings in writing, attaching to such written report any and all appropriate documentation and shall, then, submit same to the City Council for it's re- view on or before the regular meeting of the City Council at which the question of refund shall be determined. SECTION 4: Savings Clause: Should any section or provision of this Ordinance or any portion thereof, or - 4 - any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or any part hereof other than the part declared to be invalid. SECTION 5: Conflict: All Ordinances or parts of Ordinances and all Code provisions or parts of Code pro- visions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: Effective Date: This Ordinance shall become effective immediately upon its final passage. PASSED FIRST READING this day of (5lcz 1975. PASSED SECOND READING this ;A;5nci.day of II(fcerr, 1975. PASSED THIRD READING this ? day of 1976. ATTEST CITY ERK I HEREBY CERTIFY that I have approved the form and correct- ness of this Ordinance. CITY A TORNEY vrZ of ( cO(r 11 Uo fie.. 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