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11/23/2020 <br />the amount of the projected capital repairs for the first two years set forth in the initial Repair and <br />Replacement Plan for Levees and shall be funded through the Maintenance Budget process in the <br />first year following acceptance of the Facilities by the City. Thereafter, the City shall maintain <br />separate interest-bearing accounts for the Maintenance Reserve for Wet Utilities and the <br />Maintenance Reserve for Levees. Maintenance Reserve funds in excess of anticipated <br />maintenance, capital repairs and replacement costs for the next two-year period for Levees <br />and/or Wet Utilities as provided for in the respective Repair and Replacement Plan can be used <br />by the City Manager to reduce the applicable current year levy for Services Special Taxes for <br />Levees and/or Services Special Taxes for Wet Utilities as provided for in Section 5 hereof. <br />Any amounts of Services Special Taxes levied and collected in excess of the actual costs and <br />expenses of the City providing the Services for Levees and Services for Wet Utilities shall be <br />retained by the City and placed in the respective Maintenance Reserve accounts. <br />The City Manager may apply funds in the respective Maintenance Reserve account to pay <br />maintenance expenses incurred prior to the receipt of Services Special Tax revenues (in such <br />case a like amount tax revenues, when received, shall be used to reimburse such Maintenance <br />Reserve), to pay maintenance expenses in excess of such Fiscal Year's budgeted maintenance <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 />RESO. NO. 15915 <br />MUFF NO. 506 <br />-14- <br />