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RESOLUTION NO. 14529
A RESOLUTION AUTHORIZING THE CITY OF PUEBLO TO
REFUND SANITARY SEWER FEES OF $33,263.42 TO ROCLA
CONCRETE TIE, INC.
WHEREAS, the City’s Wastewater Department has been notified that ROCLA Concrete
Tie, Inc. was erroneously charged sanitary sewer fees; and
WHEREAS, pursuant to Section 16-6-24 of the Pueblo Municipal Code, the Director of
Wastewater has determined that grounds exist for a refund pursuant to Section 16-6-23 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 to ROCLA Concrete Tie, Inc. the sum of $33,263.42 for the
erroneous collection of fees charged for 3201 Lime Road during the period of November
2018 through November 2020.
SECTION 2.
Such refund shall be paid through the Claim Settlement Fund, Account Number
5254110055007 in the amount of $33,263.42.
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 to effectuate the transaction herein authorized.
SECTION 4.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED December 28, 2020
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk’s Office Item # M-2
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: December 28, 2020
TO: President Dennis E. Flores and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Brenda Armijo, City Clerk
FROM: Nancy Keller, Director of Wastewater
SUBJECT: A RESOLUTION AUTHORIZING THE CITY OF PUEBLO TO REFUND
SANITARY SEWER FEES OF $33,263.42 TO ROCLA CONCRETE TIE, INC.
SUMMARY:
This Resolution authorizes the City of Pueblo to refund erroneously charged sanitary sewer fees
to ROCLA Concrete Tie, Inc. from November of 2018 to November of 2020. This property is
setup on a septic system.
PREVIOUS COUNCIL ACTION:
None
BACKGROUND:
The Wastewater Department recently received a written request from Steven Cline, the General
Manager of the business located at 3201 Lime Road. Mr. Cline is seeking a refund of the
company’s sewer bill. The building at 3201 Lime Road is on a septic system and should never
have been charged sanitary sewer fees.
Pursuant to City Ordinance 16-6-25, 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. Mr. Cline is
requesting the refund of wastewater fees in the amount of $33,263.42 for the charges from
November 2018 through November 2020.
FINANCIAL IMPLICATIONS:
The refund of $33,263.42 will be paid from the Claim Settlement Fund, Account number
5254110055007. Funds are available and have been appropriated.
BOARD/COMMISSION RECOMMENDATION:
None
STAKEHOLDER PROCESS:
None
ALTERNATIVES:
Alternative No. 1 – No Action
The property at 3201 Lime Road will not receive reimbursement for sanitary sewer fees.
RECOMMENDATION:
Approval of the Resolution.
Attachments:
Request for Refund
Calculation of Refund