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7.C. - Page 31 of 54 <br />expenses, to pay maintenance expenses and Administrative Expenses that are in excess of actual <br />annual Services Special Tax receipts (regardless of the cause of such deficiency), or to provide <br />tax credits to Property Owners as described in the second preceding paragraph. Each <br />Maintenance Reserve may be used to accumulate amounts for maintenance, capital repair and <br />replacement and any Fiscal Year's budget may show a transfer from a Maintenance Reserve as a <br />source of funds or a transfer to a Maintenance Reserve as a use of funds. <br />SECTION 9 ADMINISTRATIVE CHANGES <br />The City Manager has the authority to make necessary administrative adjustments to the RMA in <br />order to remedy any portions of this RMA that require clarification. <br />Any taxpayer that believes that the amount of the Special Tax levied on its Parcel is in error may <br />file a written notice with the City Manager appealing the Special Tax, provided that the appellant <br />is current in its payment of Special Taxes. Any such notice of appeal must be filed by January 1 <br />of the Fiscal Year for which the Special Tax in question has been levied. During the pendency <br />of an appeal, all Special Taxes previously levied must be paid on or before the payment date <br />established when the levy was made. The City Manager or designee will promptly review all <br />such timely -filed appeals, and if necessary, meet with the appellant. If the findings of the City <br />Manager verify that the Special Tax should be modified, the Special Tax shall be corrected and, <br />if applicable, a credit shall be granted against future Special Taxes to be levied on such Parcel, <br />unless there are sufficient funds in the Maintenance Reserve to make a cash refund. The City <br />Manager, in his or her sole discretion, may review appeals filed after the January 1 deadline, <br />regardless of the merit of any such appeals. Under no circumstances will the City be obligated to <br />grant refunds of Special Taxes already levied. <br />If the City Manager determines that the Special Tax levy should not be modified, then the <br />taxpayer shall have the right to file a written appeal to the City Council, provided that the <br />appellant is current in its payment of Special Taxes, whose subsequent decision shall be final and <br />binding on all interested parties. Interpretations may be made by resolution of the City Council <br />for purposes of clarifying any vagueness or ambiguity as it relates to the Special Tax, the method <br />of apportionment, the classification of properties, or any definition applicable to the CFD. <br />Nothing in this Section 9 shall be interpreted to allow a taxpayer to bring a claim that would <br />otherwise be barred by applicable statutes of limitation set forth in the CFD Law or elsewhere in <br />applicable law. <br />-14- <br />593 <br />