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• <br /> rejected by the City Council on the last day of the period within which the <br /> City Council was required to act upon the claim as provided in Government <br /> Code Section 912.4. It is the intent of the City Council that the one year <br /> written claim requirement of this subsection be given retroactive effect; • <br /> provided, however, that any claims which arose prior to the commencement of <br /> the one year claims period of this subsection, and which are not otherwise <br /> barred by a then applicable statute of limitations or claims procedure, must be <br /> filed with the Tax Administrator as provided in this subsection within ninety <br /> (90) days following the effective date of this ordinance. <br /> (b) Notwithstanding the provisions of subsection (a) of this section, a service • <br /> supplier may claim a refund; or take as credit against taxes remitted the • <br /> amount overpaid, paid more than once, or erroneously or illegally collected or <br /> received when it is established that the service user from whom the tax has <br /> been collected did not owe the tax; provided however, that neither a refund <br /> nor a credit shall be allowed unless the amount of the tax erroneously or <br /> illegally collected has either been refunded to the service user or credited to <br /> charges subsequently payable by the service user to die person required to <br /> collect and remit. A service supplier that has collected any amount of tax in <br /> excess of the amount of tax imposed by this Chapter and actually due from a <br /> service user, may refund such amount to the service user and claim credit for <br /> such overpayment against the amount of tax which is due upon any other <br /> monthly returns, provided such credit is claimed in a return dated no later <br /> than one (1) year from the date of overpayment." <br /> 10 <br />