File #: 14-1290    Version: 1 Name: Tonymar 14-1290
Type: Resolution Status: Filed
File created: 8/19/2014 In control: Water Sewer Utility
On agenda: 12/3/2014 Final action: 12/3/2014
Title: Dept/ Agency: Water and Sewer Utilities Action: ( ) Ratifying (X) Authorizing ( ) Amending Type of Service: Refund Purpose: Overpayment on Water/Sewer Account No. 45287 Entity Name: Tonymar, LLC Entity Address: 1014 Grant Avenue, Pelham Manor, New York 10803 Property Location: (Address/Block/Lot/Ward/Site Known As 1300-1328 McCarter Highway, Newark, New Jersey / 445 / 1 / East Amount of Refund: $41,600.00 Additional Information:
Sponsors: Council of the Whole
Title
Dept/ Agency:  Water and Sewer Utilities
Action:  (   ) Ratifying     (X) Authorizing     (   ) Amending
Type of Service: Refund
Purpose: Overpayment on Water/Sewer Account No. 45287
Entity Name:  Tonymar, LLC
Entity Address:  1014 Grant Avenue, Pelham  Manor, New York 10803
Property Location:                   
(Address/Block/Lot/Ward/Site Known As
1300-1328 McCarter Highway, Newark, New Jersey / 445 / 1 / East
Amount of Refund:  $41,600.00                
Additional Information:
                   
body
 
WHEREAS, Tonymar, LLC, with its principal place of business at 1014 Grant Avenue, Pelham Manor, New York 10803, was the contractor for work to be performed at 1300-1328 McCarter Highway, Newark, New Jersey 07102, also known as Block 445, Lots 1 and 37; and
 
WHEREAS, on or about February 2007, in association with those anticipated construction activities, Tonymar, LLC paid for and received water meter and sewer connection permits, for which the City of Newark, Department of Water and Sewer Utilities established a billing account identified as Water/Sewer Account Number 45287; and
 
WHEREAS, during Feburary 2007, the City billed Tonymar, LLC Forty-One Thousand Six Hundred Dollars and Zero Cents ($41,600.00) for water and sewer connection fees; and
 
WHEREAS, during February 2007, Tonymar, LLC made payments to the City totaling Forty-One Thousand Six Hundred Dollars and Zero Cents ($41,600.00) for the water and sewer connection fees; and ;
 
WHEREAS, the construction project to be performed at 1300-1328 McCarter Highway  never commenced therefore the water and sewer connection services were not needed; and
 
WHEREAS, on or about February 8, 2014, Tonymar, LLC submitted a letter to the City requesting a refund of the payments it made for water meter and sewer connection fees totaling Forty-One Thousand Six Hundred Dollars and Zero Cents ($41,600.00).  
 
 
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
    1. The Mayor and/or his designee, the Acting City Treasurer, is hereby authorized and directed to issue a refund check in the total amount of Forty-One Thousand Six Hundred Dollars and Zero Cents ($41,600.00) to Tonymar LLC, 1014 Grant Avenue, Pelham Manor, New York 10803, Attention: Mario da Costa, Owner, for the return of connection fee payments which were paid for a construction project that never occurred.
    1. Attached hereto is a copy of the Certification of Funds from the Comptroller of the City of Newark, which states that there are sufficient legally appropriated funds for the purpose here-in-above set forth and that the line appropriations of the official 2014 budget, which shall be charged in Business Unit NW037; Depart. ID 750; Div./Proj. 7501; Account # 49800.
    1. A copy of this resolution shall be filed in the Office of the City Clerk by the Director of the Department of Water and Sewer Utilities.
 
STATEMENT
 
This resolution authorizes the Acting City Treasurer to issue a refund check in the amount of Forty-One Thousand Six Hundred Dollars and Zero Cents ($41,600.00) to Tonymar LLC, 1014 Grant Avenue, Pelham Manor, New York for the return of connection fee payments it made on Water/Sewer Account Number 45287.