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.
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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
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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
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