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HomeMy WebLinkAbout15374RESOLUTION NO. 15374 A RESOLUTION AUTHORIZING THE CITY OF PUEBLO TO REFUND SANITARY SEWER FEES OF $788.89 TO TIMOTHY MCDOWELL WHEREAS, the City’s Wastewater Department has been notified that Timothy McDowell was erroneously charged sanitary sewer fees; and WHEREAS, pursuant to Section 16-6-23 of the Pueblo Municipal Code, the Director of Wastewater has determined that grounds exist for a refund pursuant to Section 16-6-24 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 Timothy McDowell the sum of $788.89 for the erroneous collection of fees charged for 554 Orange St during the period of September 2021 through May 2023. SECTION 2. Such refund shall be paid through the Claim Settlement Fund, Account Number 525.41100.55007 in the amount of $788.89. SECTION 3. The officers and staff of the City are authorized to perform any and all acts consistent with the intent of this Resolution and to implement the transaction herein authorized. SECTION 4. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: September 25, 2023 BY: Vicente Martinez Ortega MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk's Office Item # M4 Background Paper for Proposed Resolution COUNCIL MEETING DATE: September 25, 2023 TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Andra Ahrens, Director Wastewater SUBJECT: A RESOLUTION AUTHORIZING THE CITY OF PUEBLO TO REFUND SANITARY SEWER FEES OF $788.89 TO TIMOTHY MCDOWELL SUMMARY: From September 2021 to May 2023, charges for sanitary sewer fees were erroneously charged to Timothy McDowell, whose property was setup on a septic tank until August 16, 2023. PREVIOUS COUNCIL ACTION: None BACKGROUND: The Wastewater Department recently received a written request from Timothy McDowell who is the owner of the property located at 554 Orange St. Mr. McDowell is seeking a refund of his sewer charges. The residence at 554 Orange St was on a septic tank 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. McDowell is requesting the refund of wastewater fees in the amount of $788.89 for the charges from September 2021 to May 2023. FINANCIAL IMPLICATIONS: The refund of $788.89 will be paid from the Claim Settlement account, number 525.41100.55007. Funds are available and have been appropriated. BOARD/COMMISSION RECOMMENDATION: None STAKEHOLDER PROCESS: None ALTERNATIVES: Alternative No. 1 – No Action The property at 554 Orange St will not receive compensation for sanitary sewer fees. RECOMMENDATION: Approval of the Resolution. ATTACHMENTS: 1. 09-25-23 Billing 554 ORANGE ST