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3.483 Refunds. <br /> (1) Refunds of tax on motor vehicle fuel will be made pursuant to <br /> [applicable] any refund provisions of Chapter 319 of the Oregon <br /> Revised Statutes, including but not limited to ORS 319.280 and <br /> 319.831. Claim forms for refunds may be obtained from the Tax <br /> Administrator's office. <br /> (2) A holder of a weight receipt that certifies to the city that the motor <br /> vehicle fuel upon which the tax was imposed will be used only for <br /> fueling vehicles subject to the State of Oregon's weight-mile tax, <br /> may apply for a refund of 80 percent of the tax imposed by Section <br /> 3.467 of this code on motor vehicle fuel purchased in bulk for <br /> distribution at the weight receipt holder's facility located within the <br /> city. This subsection applies only to motor vehicle fuel purchased <br /> by the weight receipt holder on or after February 23, 2005. <br /> (3) Ail claims for refund under subsection (2) of this section shall be <br /> filed within 15 months of the date that the fuel was purchased and <br /> may not be filed more frequently than quarterly. The minimum <br /> claim for refund filed under subsection (2) of this section shall be <br /> not less than $25.00. <br /> <br /> Section 6. Section 3.484 of the Eugene Code, 1971, is amended to provide: <br /> <br />3.484 Examinations and Investiqations. Pursuant to section 2.019 of this code, <br /> the tax administrator, or duly authorized agents, may make any examination <br /> of accounts, records, stocks, facilities and equipment of dealers, service <br /> stations and other persons engaged in storing, selling or distributing motor <br /> vehicle fuel or other petroleum product or products within this city, and such <br /> other investigations as it considers necessary in carrying out the provisions <br /> of sections 3.465 through 3.489. If the examinations or investigations <br /> disclose that any reports of dealers or other persons theretofore filed with the <br /> tax administrator pursuant to the requirements herein, have shown <br /> incorrectly the amount of gallonage of motor vehicle fuel distributed or the tax <br /> accruing thereon, the tax administrator may make such changes in <br /> subsequent reports and payments of such dealers or other persons, or may <br /> make such refunds, as may be necessary to correct the errors disclosed by <br /> its examinations or investigation. The dealer shall reimburse the city for the <br /> reasonable costs of the examination or investigation if the action discloses <br /> that the dealer paid 95 percent or less of the tax owing for the period of the <br /> examination or investigation. In the event that such an examination or <br /> investigation results in an assessment by and an additional payment due to <br /> the city, such additional payment shall be subject to interest at the rate of [$8] <br /> .0329 percent per [yea~] day from the date the original tax payment was due. <br /> <br /> Section 7. The City Recorder, at the request of, or with the concurrence of the <br /> <br />City Attorney, may administratively correct any reference errors contained herein or in <br /> <br />Ordinance - 3 <br />L:\CMO\2005 Council Agendas\M050124\S0501247-attA.doc <br /> <br /> <br />