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HomeMy WebLinkAbout12661 RESOLUTION NO. 12661 A RESOLUTION AUTHORIZING THE CITY OF PUEBLO TO REFUND SANITARY SEWER FEES TO THE KROGER CO. WHEREAS, the City’s Wastewater Department has been notified that the Kroger Co. paid wastewater fees for 1540 Moore Avenue for an irrigation system not connected to the wastewater system; and WHEREAS, pursuant to Section 16-6-6 of the Pueblo Municipal Code, the Director of Public Works has determined that grounds exist for a refund pursuant to Section 16-6-5 of the Code; and WHEREAS, a refund for the paid amount can only be authorized by Pueblo City Council; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The City shall refund the Kroger Co. the sum of $2,147.93 for the wastewater system development fees paid for 1540 Moore Avenue. SECTION 2. Such refund shall be paid through the Claim Settlement Fund, Account Number 525- 4105-432.50-07 in the amount of $2,147.93. SECTION 3. This Resolution shall become effective immediately upon final approval. INTRODUCED: May 13, 2013 BY: Chris Kaufman Background Paper for Proposed RESOLUTION DATE: May 13, 2013 AGENDA ITEM # M-9 DEPARTMENT: WASTEWATER DEPARTMENT GENE MICHAEL, DIRECTOR PUBLIC WORKS DEPARTMENT EARL WILKINSON, P.E., DIRECTOR TITLE A RESOLUTION AUTHORIZING THE CITY OF PUEBLO TO REFUND SANITARY SEWER FEES TO THE KROGER CO. ISSUE Should the City Council authorize the refund of wastewater fees to the Kroger Co.? RECOMMENDATION Approve this Resolution. BACKGROUND The Wastewater Department recently received a written request from Ecova, appointed to act as an agent for the Kroger Co., in the matter of a water meter account that has been erroneously assessed sewer fees. The Kroger Co., dba King Sooper, operates the store located at 1540 Moore Avenue. This store has an irrigation system with a separate water meter, and this account has been assessed monthly fees for sanitary sewer service even though the water from this meter does not return to the sanitary sewer system. Pursuant to City Ordinance 16-6-7, refunds based upon sewer user charges appearing on billings issued more than ninety (90) days prior to receipt of a written request can only be authorized by City Council and are limited to a maximum period of two years. Ecova, on behalf of the Kroger Co., is requesting refund of wastewater fees in the amount of $2,147.93 for the period of March 2011 through March 2013. FINANCIAL IMPACT The refund of $2,147.93 will be paid from the Claim Settlement Fund, Account Number 525- 4105-432.50-07. Funds are available and have been appropriated. ,,„ ecova 4/4/2013 City of Pueblo Wastewater Department Attention: Mr. Gene Michael 1300 South Queens Avenue Pueblo, CO 81001 RE: Wastewater charges inadvertently applied to King Sooper Irrigation meter The Kroger Co. dba King Sooper i h° Account: 41543 -87150 1540 Moore Avenue Pueblo, CO 81004 We have identified a King Sooper Board of Water Works of Pueblo, Colorado account that has been incorrectly assessed wastewater charges. The account is used for irrigation only at the King Sooper 1540 Moore Avenue location. Although there is no connection to the Pueblo sanitary sewer line on this meter, King Sooper has been charged for monthly wastewater charges since the inception of the account. Can you please review the details surrounding this matter and apply an account credit for the wastewater charges that were inadvertently applied to this irrigation account. Thank you in advance for your review of this matter and Kroger greatly appreciates your consideration for an adjustment. We have attached our authorization letter from Kroger (dba King Sooper) granting us the authority to complete this request on their behalf. Please contact me if you have any additional questions regarding this request. Sincerely, ecova Eric Berry 3510 Unocal Place Suite 300 Santa Rosa, Ca 95403 707-526-7857 x335 Fax: 707 - 526 -7889 (Attention: Eric) eberry @ecova.com 3510 Unocal Pl #300 Santa Rosa CA 95403 ! 116 707 526 7857 ® 707 526 /889 info@ecova com 1,e, m m� r,