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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,