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HomeMy WebLinkAboutMC-899 1 Effective: April 21, 1994 , I ORDINANCE NO. MC-899 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 3.44 RELATING TO SERVICE USERS 3 TAX 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 5 6 SECTION 1. Subsection B of Section 3.44.010 of the San 7 Bernardino Municipal Code is hereby amended to read as follows: 8 "B. 'Person' shall include, but is not limited to, any domestic or foreign corporation, firm, 9 association, syndicate, joint stock company, partnerships of any kind, joint venture, club, 10 Massachusetts business or common law trust, society, and individuals. " 11 SECTION 2. ., Section C of 3.44.130 of the San Bernardino 12 Municipal Code is hereby amended to read as follows: 13 "C. No refund shall be paid under the provisions of 14 this section unless the claimant has submitted a written claim to the Director of Finance within one 15 year of the overpayment of erroneous or illegal collection of said tax. Such claim must clearly 16 establish claimant's right to the refund by written records showing entitlement thereto. The submission 17 of a written claim, which is acted upon by the City Council, shall be a prerequisite to a suit thereon. 18 (See Government Code Section 935. ) The Mayor and Common Council shall act upon the refund claim within 19 the time period set forth in Government Code Section 912.4, the claim shall be deemed to have been rejected 20 on the last day of the period within which the Mayor and Common Council was required to act upon the claim 21 as provided in Government Code Section 912.4. It is the intent of the Mayor and Common Council that the 22 requirement of this subsection to file a written claim within one year of the overpayment of erroneous or 23 illegal collection of said tax be given retroactive effect to all claims that arose under this Chapter 24 3.44 at any time period to the effective date of this ordinance; provided, however, that any claims which 25 arose prior to the commencement of the one year claims period of this subsection, and which are not otherwise 26 barred by a then applicable statute of limitations or claims procedure, must be filed with the Director of 27 Finance as provided in this subsection within ninety (90) days following the effective date of this 28 ordinance. " DAB/Ja [2usersTax.Ord] 1 February 23, 1994 MC-899 1 AN ORDINANCE. . .AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 3.44 RELATING TO SERVICE USERS TAX 2 I HEREBY CERTIFY that the foregoing Ordinance was duly 3 adopted by the Mayor and Common Council of the City of San 4 Bernardino at a regular meeting thereof, held on the 21st 5 day of March 1994, by the following vote, to wit: 6 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 NEGRETE X 9 CURLIN X 10 HERNANDEZ X 11 OBERHELMAN X 12 DEVLIN X 13 POPE-LUDLAM X 14 MILLER X 15 16 Kizer �Q a City Clerk 17 18 The foregoing Ordinance is hereby approved this �o?—/day 19 of March 1994. 20 T m Minor, Mayor 21 City of San Bernardino 22 Approved as to form and legal content: 23 JAMES F. PENMAN, 24 City Attorney 25 By: P 26 27 28 DAB/is [2UsersTax.0rd] 2 February 23. 1994