AGOURA HILLS DELAYS REFUNDS ON UTILITY TAX : OFFICIALS AWAIT LEGAL CLARIFICATION.Byline: R.A. Hutchinson Daily News Staff Writer Defying pressure from tax critics, the city is delaying refunds from its defunct utility users levy until legal rulings clarify the status of tax revenue already spent and money held in escrow escrow Instrument, such as a deed, money, or property, that constitutes evidence of obligations between two or more parties and is held by a third party. It is delivered by the third party only upon fulfillment of some condition. . A state Supreme Court ruling in September cast doubt on the validity of special taxes, including the one in Agoura Hills. As a result, city officials conducted a June 25 election on the tax, which voters rejected. City Manager Dave Adams said Tuesday that rather than possibly issuing two refunds - and paying administrative costs administrative costs, n.pl the overhead expenses incurred in the operation of a dental benefits program, excluding costs of dental services provided. twice - he believes the city should wait for legal questions to be answered before making any refunds. ``I don't think a jury of our peers would find us capricious capricious adv., adj. unpredictable and subject to whim, often used to refer to judges and judicial decisions which do not follow the law, logic or proper trial procedure. A semi-polite way of saying a judge is inconsistent or erratic. or ridiculous. There's no question the money is going to be refunded,'' Adams said. ``The worst-case scenario worst-case scenario n → Schlimmstfallszenario nt is that everyone demands their money. That means there'd be 7,500 checks we'd have to write.'' Tax critics, however, are urging Adams to reconsider or risk litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. on the matter. On July 18, the Sacramento-based Pacific Legal Foundation sent a letter urging Adams to take immediate steps to refund the $1 million held in escrow. The foundation, a public interest organization, has sent letters to between 30 and 40 cities in the state urging officials to begin the refund process on similar taxes or face legal action. ``We've had a great deal of success with our protest letters,'' said Anne Hawkins, the attorney who wrote the letter. As for refunding money that was collected in Agoura Hills between the time the City Council enacted the tax in 1994 and the court ruling, Hawkins acknowledges that the logistics of returning money already spent could be enormous. Barbara Murphy, a resident who has been a loud and vocal opponent of the Agoura Hills tax, said she won't be satisfied until every penny collected is returned. ``It is our position the tax is fully retroactive Having reference to things that happened in the past, prior to the occurrence of the act in question. A retroactive or retrospective law is one that takes away or impairs vested rights acquired under existing laws, creates new obligations, imposes new duties, or attaches a ,'' she said. Adams, however, said he plans to wait for the courts and state Assembly to decide the specifics of the case. ``We've gotten claims from four or five people. My hunch hunch n. 1. An intuitive feeling or a premonition: had a hunch that he would lose. 2. A hump. 3. A lump or chunk: "She . . . is that nothing will happen until September Until September is a 1984 romantic drama set in France. It stars Karen Allen as an American tourist in Paris who falls in love with a married Frenchman (Thierry Lhermitte). External links or October. At this point, we don't even know what the administrative costs will be,'' Adams said. ``There's no closure on this at all.'' The Agoura Hills City Council voted in a 4 percent utilities tax on residents and a 3.5 percent tax on businesses in June 1994 to cover a projected $695,000 budget deficit in the city's approximate $6 million annual budget. In September, however, the state Supreme Court reversed lower court rulings that had allowed special taxes to be created by an elected body. In the 30 days subsequent to the ruling, dozens of cities and agencies throughout the state asked the court to reconsider its decision. In December, the Supreme Court said it would refuse to rehear re·hear tr.v. re·heard , re·hear·ing, re·hears 1. To hear again. 2. Law To give a new hearing to (a case) by the same court. Verb 1. the case. In doing so, the court upheld Proposition 62, a 1986 initiative that banned special taxes without voter approval. |
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