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RESOLUTION NO. 13576
A RESOLUTION AUTHORIZING THE CITY OF PUEBLO TO
REFUND SANITARY SEWER FEES TO AMERICAN WESTERN
LLC
WHEREAS, the City’s Wastewater Department has been notified that American Western
LLC. paid wastewater fees for three properties 903 Starlite Drive, 901 Starlite Drive and 2141
Starlite Drive that were not connected to the City’s sanitary sewer system; and
WHEREAS, pursuant to Section 16-6-6 of the Pueblo Municipal Code, the Director of
Wastewater 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 American Western LLC. the sum of $2,661.20 for the wastewater
fees paid for 903 Starlite Drive, 901 Starlite Drive, and 2141 Starlite Drive during the period of
November 2014 through November 2016.
SECTION 2.
Such refund shall be paid through the Claim Settlement Fund, Account Number 52541100
55007 in the amount of $ 2,661.20.
SECTION 3.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Resolution and the contract to effectuate the transactions
described therein.
SECTION 4.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED: December 12, 2016
BY: Ed Brown
City Clerk’s Office Item # M-4
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: December 12, 2016
TO:
President Stephen G. Nawrocki and Members of City Council
CC:
Sam Azad, City Manager
VIA:
Gina Dutcher, City Clerk
From:
Nancy Keller, Wastewater Director
SUBJECT:
A RESOLUTION AUTHORIZING THE CITY OF PUEBLO TO REFUND SANITARY
SEWER FEES TO AMERICAN WESTERN LLC
SUMMARY:
This Resolution authorizes the City of Pueblo to refund overpaid sanitary sewer fees to American
Western LLC.
PREVIOUS COUNCIL ACTION
:
None
BACKGROUND
:
The Wastewater Department recently received a written request from Nickolas J. Katzer who is a
representative for American Western LLC. American Western and manages the property located
at 3333 Starlite Drive. This property is a mobile home park located on the edge of the City and
through a verbal private line agreement provides water service to three Pueblo County properties,
903 Starlite Drive, 901 Starlite Drive and 2141 Starlite Drive. The mobile home park and these
three homes share one water meter provided by the Pueblo Board of Water Works. Therefore,
these three properties were lumped into the total water usage and the sanitary sewer connection
fees. 903 Starlite Drive, 901 Starlite Drive, and 2141 Starlite Drive are outside City limits and are
not connected to the City’s 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. American Western LLC. is
requesting the refund of wastewater fees in the amount of $ 2,661.20 for the charges paid by 903
Starlite Drive, 901 Starlite Drive, and 2141 Starlite Drive for the period of November 2014 through
November 2016.
FINANCIAL IMPLICATIONS
:
The refund of $2,661.20 will be paid from Claim Settlement Fund, Account Number 52541100
55007. Funds are available and have been appropriated.
BOARD/COMMISSION RECOMMENDATION
:
Not applicable
STAKEHOLDER PROCESS
:
None
ALTERNATIVES
:
Alternative No. 1 – No Action
The properties at 903 Starlite Drive, 901 Starlite Drive, and 2141 Starlite Drive will not receive
compensation for sanitary sewer fees.
RECOMMENDATION
:
Approval of the Resolution.