Loading...
HomeMy WebLinkAboutORD 105ORD 105ê79wV ×PçS ORDINANCE NO. 105 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING THE BALDWIN PARK MUNICIPAL CODE TO PROVIDE FOR REFUNDS. The City Council of the City of Baldwin Park does ordain as follows: Section 1. That a new section, designated Section 2528, is added to the Baldwin Park Municipal Code, to read as follows: 2528. REFUND OF MONIES COLLECTED OR RECEIVED. Whenever any money=s hereafter collected or rece ved by the City and no refund procedure is provided with regard thereto, such money may be refunded in whole or in part as herein provided, and not otherwise: a) GROUNDS FOR REFUND. Such refund may be made only under one o e following conditions: 1) Where a refund is specifically authorized by resolution, ordinance or statute but no refund procedure is contained therein; 2) Where the money was either paid by the claimant or received by the City through mistake, inadvertence, or error of law or of fact; 3) Where the exercise of a right or privilege for which the money was paid, sub- sequently and before such exercise began, was made illegal or physically impossible without the fault of the person making the payment or the person entitled to exercise the right or privilege; 4) Where the claimant was entitled to an exemption from payment of the monies col- lected or received but neglected or otherwise failed to claim such exemption at the time of payment. b) FILING OF CLAIM. Claims for refund shall be in,wr ng, s e sworn to, shall be filed with the Chief Administrative Officer, and shall state the following: 1) Name and address of claimant; 2) Date on which money was paid to the City; 3) Office or department which collected or received the money; 4) Ground or grounds for refund, giving all facts; 5) Such other information as may be J pertinent. 1- ORD 105ê79wV ×PçS c) LAPSE OF TIME, In order to qualify for a refund hereunder,--=aims must be filed not later than three 3) months from the date the money was collected or received by the City, except that where the claim for refund. is founded upon para- graph 3) of subsection a) hereof, the claim must be filed-not later than three months from the date on which the exercise of the right or privilege for which the money was paid was made illegal or physically impossible. d) HANDLING OF CLAIM, Whenever a claim is filed-aS herein provided, the date of filing shall be immediately recorded thereon. The office or department which collected or received the money shall make a full report of all pertinent facts to the Chief Administrative Officer. The claim, together with the report and recommendation of the Chief Administrative Officer, shall be sub- mitted to the City Council for disposition. Un- less the City Council finds that the money was received primarily through the mistake, inadver- tence or error of the City, there shall be deducted from each refund whatever sum may be necessary to reimburse the City for clerical and other expenses incurred, such expense to be conclusively deter- mined and reported to the City Council by the Chief Administrative officer. Section 2. Notwithstanding anything in this ordi- nance to the contrary, monies collected or received. by the City after January 1, 1959, but before the effective date of this ordinance, may be refunded if claim therefor is filed within three 3) months after the money was collected or received or within one month from the date this ordinance takes effect, whichever is later. Section 3. The City Clerk shall certify to the adoption of this ordinance and cause the same to be pub- lished or posted in the manner required by law. This ordi- nance shall take effect thirty days after the date of its adoption. PASSED and ADOPTED this 16th day of February 1959. 4"~z / f Lynn H. Cole, Mayor A T T E S T: T helma L.Bal us, City Cleric 2- ORD 105ê79wV ×PçS ORD, NO. 105 STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS CITY OF BALDININ PARK 1, THELMA L, BALKUS, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was duly and regularly passed and adopted by the City Council of the City of Baldwin Park at its regular meeting held on the 16th day of February 1959, by the following vote: AYES: COUNCILMEN BISHOP, HOLMES, LITTLEJOHN, WILSON AND MAYOR COLE NOES: COUNCILMEN NONE ABSENT: COUNCILMEN NONE THELMA L. BALKUS City Clerk 3 ORD 105ê79wV ×PçS ORDINANCE NO. 105 CERTIFICATE OF POSTING STATE OF CALIFORNIA 1 COUNTY OF LOS ANGELES I ss CITY OF BALDNIN PARK I I hereby CERTIFY that 1 am the duly elected and qualified City Clerk of the City of Baldwin Park; that on the 24th day of February 19_x_, 1 caused to be posted in three conspicu- ous places a copy of Ordinance No. 105 as required by law and the Baldwin Park Municipal Code. City Clerk Subscribed and swum to before nR' Wa lotary Public W oeM for the County of Los A eles. State of CalJtoriy EVA ELDER PUGH My Commission Expires March 6. 1963 BIB] 39007-U01 ORD-U02 105-U02 LI2-U03 FO94595-U03 FO94604-U03 DO94509-U03 C5-U03 ORDINANCES-U03 10/11/2006-U04 ROBIN-U04