Ord 0076 11/1987ORDINANCE NO. 76
ORDINANCE OF THE
SAN MARCOS COUNTY WATER DISTRICT
RELATING TO PAYMENT UNDER PROTEST
OF DISPUTED FEES, CHARGES, ASSESSMENTS, AND TAXES
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE SAN
MARCOS COUNTY WATER DISTRICT AS MIENS:
Section 1. The San Marcos County Water District
establishes the following protest procedure for payment in
those situations in which a customer disputes the validity of a
fee, charge, assessment, or tax imposed by the San Marcos
County Water District as a prerequisite to providing the
service.
Section 2. In situations in which a customer
disputes the legality of a fee, charge, assessment, or tax
imposed by the San Marcos County Water District as a
prerequisite to providing service, the customer must d miply
with the following payment and protest procedure in addition to
any other procedures or limitations imposed by law.
2.1. Payment mast be made and concurrently
with payment the specific basis for disputing the
validity mast be stated in writing and this protest
mast be filed with the District.
2.2. Upon receipt by the District of the basis
for the dispute of validity, the matter shall be set
for hearing before the Board of Directors, at which
time the claimant mast appear and present all
evidence relating to the claim of invalidity.
2.3. The Board of Directors shall take the
matter under advisement arra notify the claimant in
writing of the decision of the Board.
2.4. If the claim is allowed, appropriate
remand shall be made. If the claim is denied and
the claimant desires to pursue the matter further,
appropriate legal action mast be initiated within
one hundred twenty (120) days following the date of
filing of the protest letter at the District or the
claim shall be deemed waived and barred.
Ordinance No. 76
Page 2
Section 3. Nothing in this Ordinance shall be
deemed tobr g into being or validate any claim for refund
arising from a cause heretofore existing if such claim, whether
filed or not, was or would have been invalid because of the
then existing law, or because of prior ordinances, resolutions,
or regulations adopted by the District. Nothing in this
Ordinance shall be deemed to validate, revive, restore, or
continue any claim for refund heretofore filed and denied.
Section 4. The provisions of this Ordinance are
cumulative and are applicable in addition to any other
provisions of law governing refunds or claims of invalidity.
Section 5. This Ordinance is effective
immediately upon passage and shall be published in a newspaper
of general circulation once a week for two successive weeks.
AIL OTHER ORDINANCES, ARTICLES OR SECTIONS OF
ORDINANCES, OR AMENDMENTS IN CONFLICT HEREWITH ARE HEREBY
REPEALED
THIS ORDINANCE PASSED, APPROVED AND ADOPTED this 2nd
day of November, 1987, by the following roll call vote:
AYES: Directors: Mason, Rutherford, Mahr,
Ferguson
NOES: Directors:
ABSTAIN: Directors:
ABSENT: Directors: Newport
ATTEST:
to K.
Board of Directors
San Marcos County Water District
LAIM
William W Rucker, Secretary
Board of Directors
San Marcos County Water District