Loading...
HomeMy WebLinkAbout06856ORDINANCE NO. 6856 AN ORDINANCE AMENDING SECTIONS 4 AND 5, CHAPTER 11, TITLE XVI OF THE PUEBLO MUNICIPAL CODE RELATING TO SANITARY SEWER CONNECTION FEES WHEREAS, the City Council previously adopted Chapter 11 of Title XVI of the Pueblo Municipal Code imposing sanitary sewer connection fees ( "Sewer Connection Fees "), and WHEREAS, the Sewer Connection Fees were enacted for the purpose of defraying projected impacts on sanitary sewer facilities caused by proposed development, and WHEREAS, in the reasonable judgment of the City Council the Sewer Connection Fees were established at levels no greater than necessary to defray the impacts determined by the City Council to be directly related to the proposed development and not intended to remedy any deficiencies in sanitary sewer facilities without regard to the proposed development, and WHEREAS, in adopting Chapter 11 of Title XVI of the Pueblo Municipal Code, the City Council intended and now intends and has determined that the Sewer Connection Fees are designed to and do address the need for sanitary sewer facilities brought about by development generally, which requirements are separate and distinct from the impacts addressed by other requirements of the Pueblo Municipal Code and in no circumstances do the Sewer Connection Fees address the same subject as other requirements of the Pueblo Municipal Code for site - specific dedications or improvements. NOW, THERE- FORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 Subsection (a) of Section 4 of Chapter 11 of Title XVI of the Pueblo Municipal Code is repealed in its entirety: [(a) There is hereby established, within the Sewer User Fund, a special fund to be known as the Sanitary Sewer Collection System Improvement Fund, to provide monies for structures, machinery and equipment constituting the collection system, for debt service for same, and for special services of benefit only to the users of the sewer collection system.] SECTION 2 Subsection (b) of Section 4 of Chapter 11 of Title XVI of the Pueblo Municipal Code is amended to read as follows: [(b)] (a) All sanitary sewer connection fees collected by the City shall be deposited and held in an interest - bearing sub - account in the Sewer User Fund ( "Sub- account "). All interest or other income earned on money deposited in the Sub - account shall be credited to the Sub - account. All funds and interest in the Sub - account shall be used solely [All revenues received by the City from sanitary sewer connection fees and income therefrom shall be allocated and deposited to the Sanitary Sewer Collection System Improvement Fund. No expenditure from the Fund shall be made except] for growth- related capital projects directly related to proposed development and approved by the City Council. Growth- related capital projects shall mean [include] any relief main or upgrade to the existing system made in accordance with the Sanitary Sewer System General Policies adopted by the City Council. It does not include extension of the sanitary sewer system. Authorized expenditures for approved capital projects shall include construction, engineering and administrative costs and debt service related to the sanitary sewer collection system. SECTION 3 Section 4 of Chapter 11 of Title XVI of the Pueblo Municipal Code is amended by the addition of the following new subsections (b) and (c) as follows: No person who pays a sanitary sewer connection fee shall be required to provide any site specific dedication or improvement to meet the same need for capital facilities for which the sanitary sewer connection fee is charged. U City shall be entitled to retain four (4) percent of sanitary sewer fees collected to cover costs of collection and administration of the fees and income therefrom. SECTION 4 Section 5 of Chapter 11 of Title XVI of the Pueblo Municipal Code is hereby repealed and reenacted to read as follows: [(a) Unless specifically authorized by formal action of the City Council, no refund shall be authorized or granted for sanitary sewer connection fee charges. -2- (b) Refund applications will only be considered by City Council with respect to fees paid for connections which had not been made within a two -year period from the date of payment of the connection fee and not thereafter. Applications for refund shall be made, in writing, to the Director of Wastewater, stating the date the sanitary sewer connection fee was paid, who paid it and the reason for refund request. (c) If approved by City Council by duly adopted resolution, refunds will be paid only to the person who actually paid the sanitary sewer connection fee, upon proof of payment. (d) No refund shall be made to any customer for a decrease in size of meter or abandonment of service.] Sec. 16 -11 -5. Refunds. Lal Sanitary sewer connection fees paid in error may be refunded by the Director of the Division of Wastewater with the approval of the City Manager, upon application, to the person paying the fee. Application for refund shall be made within two (2) years after payment of the fee. Application shall be made, in writing, to the Director of Wastewater and shall contain the reasons for the refund and be accompanied by a copy of the dated receipt issued for payment of the fee or evidence satisfactory to the Director of Wastewater that the fee was paid and by whom. No refund shall be made for decrease in size of meter or termination of service. fM All sanitary sewer fees shall be expended by the City for the purposes approved in this Chapter within twelve (12) years of the date of payment on a first in first out basis, that is, the first fees paid shall be considered the first fees expended. Fees not so expended shall be refunded with interest at the rate of four (4) percent per annum from the date of payment upon application to the record owner of the property for which the fee was paid. Applications shall be made, in writing to the Director of Finance within six (6) months after the expiration of the twelve -year period following date of payment. Applications for refund shall be accompanied by a copy of the dated recent issued for payment of the fee or evidence satisfactory to the Director of Finance that the fee was paid and date of payment together with a copy of the deed to such property showing the applicant to be the current record owner of the property. SECTION 5 If any section or provision of this Ordinance shall for any reason be determined to be invalid or unenforceable, such determination shall not affect any of the remaining -3- sections and provisions of this Ordinance. SECTION 6 This Ordinance shall become effective upon final passage. INTRODUCED: June 24, 2002 By: Al Gurule UNCILPERSON APPROVED: PR IDENT OF THE CITY COUNCIL ATTESTED BY: CITY CLERK PASSED AND APPROVED: July 8, 2002 is