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12/03/2012 <br />Section S. Application of Surplus Tax Revenues <br />Any amounts collected in excess of Annual Costs shall be applied as stipulated in the <br />fiscal agent agreement securing outstanding Bonds of the CPD. <br />Section 9. Administrative Changes <br />The City Manager has the authority to make necessary administrative adjustments to <br />the Rate and Method of Apportionment in order to remedy any portions of this Rate and <br />Method of Apportionment that require clarification, provided that no such adjustment shall <br />result in a tax levy on any Taxable Parcel in excess of the applicable Maximum Annual Special <br />Tax Rate for such Taxable Parcel. <br />Any taxpayer that believes that the amount or formula of the Special Tax is in error <br />may file a written notice with the City Manager appealing the Special Tax. Any such notice of <br />appeal must be filed. by January 1 of the fiscal year for which the Special Tax in question has <br />been levied. The City Manager or his designee will then promptly review all such timely -filed <br />appeals, and if necessary, meet with the appellant. If the findings of the City Manager verify <br />that the Special Tax should be modified, a recommendation at that time will be made to the <br />City Council and, as appropriate, the Special Tax shall be corrected and, if applicable, a <br />refund shall be granted from such fund or account established under the fiscal agent <br />agreement securing outstanding Bonds of the CPD for which the payment of such refunds is <br />authorized. The City Manager, in his sole discretion, may review appeals filed after the <br />January 1 deadline, regardless of the merit of any such appeals. Under no circumstances will <br />the City be obligated to grant refunds for a fiscal year extending beyond the fiscal year <br />immediately preceding the fiscal year in which an appeal was filed. <br />Interpretations may be made by resolution of the City Council for purposes of <br />clarifying any vagueness or ambiguity as it relates to the Special Tax or the Maximum Annual. <br />Special Tax Rates, the method of apportionment, the classification of properties, or any <br />definition applicable to the CFD. <br />B-8 <br />67 RESO. # 15237 <br />MUFF # 505 <br />