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Ordinance No. 1967 Page 2 E. Suit Any action brought against the City upon any claim or demand shall conform to the requirements of Sections 940-949 of the California Government Code. Any action brought against any employee of the City shall conform with the requirements of Section 950-951 of the California Government Code." Section 2. Section 3.20.120 of the Municipal Code is hereby amended to read as follows: "Section 3.20.120 Refunds A. Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once, or has been erroneously or illegally collected or received by the City under this chapter, it may be refunded as provided in subsections B and C of this section, provided a claim has been filed with the tax administrator within the timelines and in the manner set forth in Section 1.04.090 of this code. C. A transient may obtain a refund of taxes overpaid or paid more than once, or erroneously or illegally collected or received by the City by filing a claim within the timelines and in the manner provided in section 1.04.090 of this code, but only when the tax was paid by the transient directly to the tax administrator, or when the transient having paid the tax to the operator, establishes to the satisfaction of the tax administrator that the transient has been unable to obtain a refund from the operator who collected the tax." Section 3. Section 5.24.030 of the Municipal Code is hereby amended to read as follows: "Section 5.24.030 Refunds of Taxes Paid No refund of any taxes paid shall be allowed in whole or in part unless a claim for refund is filed with the Collector within the timelines and in the manner set forth in Section 1.04.090 of this code. If after the filing of such a claim, the Collector determines that a refund is due, the Collector may refund the amount that is owed." Section 4. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable.