BOLINAS COMMUNITY PUBLIC UTILITY DISTRICT
Resolution No. 402
Establishes Conditions For Refunds Of Fees, Charges, Taxes, Assessments And Levies
BE IT RESOLVED by the Board of Directors of the Bolinas Community Public Utility District ("District") as follows:
1. No refund of any fee, charge, tax, assessment or levy paid to or collected by District shall be made unless in accordance with the provisions of this resolution.
2. No order for a refund under this resolution shall be made except on a claim:
(a) Verified under penalty of perjury by the person who paid the fee,
charge, tax, assessment or levy, his or her guardian, executor or administrator;
(b) Filed within 120 days after the making of the payment to be refunded. Provided, however, that a claim for refund of a payment made prior to adoption of this resolution may be filed within 120 days after the effective date of this resolution;
(c) Stating the grounds for each such refund, and the address to receive notices..
3. If the Board of Directors rejects a claim for refund in whole or in part, the person who paid the fee, charge, tax, assessment or levy, his or her guardian, executor or administrator may, within sixty (60) days after notice of such rejection, commence an action against District to recover the fee, charge, tax, assessment or levy which the Board of Directors has refused to refund. No such action shall be commenced or maintained unless a claim for refund shall have been filed in compliance with the provisions of this resolution, and no recovery shall be allowed in any such action upon a ground not asserted in the claim for refund. IT IS HEREBY CERTIFIED that this resolution was duly introduced and adopted by the Board of Directors of the Bolinas Community Public Utility District this 14th day of May, 1997, by the following vote:
AYES: Amoroso, McClellan, McNoughton, Pfeiffer, Siedman