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HomeMy WebLinkAbout07144ORDINANCE NO. 7144 AN ORDINANCE AMENDING CHAPTER 1 OF TITLE III OF THE PUEBLO MUNICIPAL CODE RELATING TO THE PUEBLO MEMORIAL AIRPORT, IMPOSING A COMBINED SERVICE FEE ON DEVELOPED PROPERTY LOCATED IN THE PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK, AND PROVIDING FOR THE DISCONNECTION OF SERVICES UPON FAILURE TO PAY A COMBINED SERVICE FEE WHEREAS, the City of Pueblo provides services which benefit developed property located In the Pueblo Memorial Airport Industrial Park ( "Industrial Park ") and the property owners or occupants thereof should reimburse the City for cost of the services; and WHEREAS, MAXIMUS, Inc. on November 3, 2003 completed an analysis of the cost of services being provided by the City to the developed property in the Pueblo Municipal Airport Industrial Park and calculated the monthly cost of such services to be $127.00 per acre; and WHEREAS, through agreements and deed covenants, owners of developed property in the Industrial Park pay a nominal combined service fee which does not reimburse the City for City's costs of providing services to their property; and WHEREAS, the combined service fee payable pursuant to such agreement and deed covenants is subject to modification and increase by the City Council; and WHEREAS, the City Council has determined that imposition of a combined service fee on developed property in the Industrial Park would further the public health, welfare, safety and benefit of the City and its citizens; and WHEREAS, the City Council has determined that the combined service fee should be uniform and paid by all owners and occupants of developed property in the Industrial Park. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter deleted, underscoring indicates matter added) SECTION 1 Chapter 1 of Title III of the Pueblo Municipal Code is hereby amended by the addition of the following new section 3 -1 -14: Sec. 3 -1 -14. Combined Service Fee (a) As used in this section, the following words shall have the following meaning: "Developed property" means and includes all the land owned by a person or entity other than the City which has been developed by constructing one or more buildings on any portion thereof. "Occupant" means a tenant in possession of the developed property. There is imposed upon all owners and occupants of developed property located in the Pueblo Memorial Airport Industrial Park a fee and charge in reimbursement to the City for providing the following services to the developed property, to wit: fire protection, public street maintenance, including landscaping and storm drainage facilities, and street lighting (the "Services "). (c) The fee and charge for Services shall be known as the Combined Service Fee and is hereby fixed and established in the following monthly amounts during the following years for each acre of developed property located in the Pueblo Memorial Airport Industrial Park: Monthly Fee Year Per Acre 2004 (July - December) 58.75 2005 and each vear thereafter 41.66 The revenue from the Combined Service Fee shall be exclusively dedicated to and used for the oavment of the direct and indirect cost of orovidina the Services. (e) Monies paid to the City by Pueblo County, Colorado for the provision of fire protection services at the Pueblo Memorial Airport Industrial park shall be allocated and applied to the Combined Service Fee and the pro -rata share of such monies shall be credited against the Combined Service Fee established in subsection (c). All owners and occupants of developed property located in the Pueblo Memorial Airport Industrial Park shall pay the monthly Combined Service Fee in advance on or before the 15th day of each calendar month commencing with the month of June 2004. If the occupant shall pay the Combined Service Fee, such payment shall relieve the owner from such obligation, but the City shall not be required to look to any person other than the owner to oav the Combined Service Fee. All unpaid Combined Service Fees shall accrue interest at the rate of one percent (1 %) per month until paid in full. & If the Combined Service Fee is not timely paid, the Director of Aviation shall cause to be given to the owner and occupant of the developed property a notice of disconnection stating the amount of the due and unpaid Combined Service Fee and interest, describing the property served and the Combined Service Fee, and advising the owner and occupant of the developed property that if the due and unpaid Combined Service Fee and interest remain unpaid for a period of sixty (60) days after date of such notice, the developed property and improvements thereon will be disconnected from the Services and the developed property and improvements thereon will no longer receive the Services. Such notice may be given by personal services or by first class mail or, if the developed property is vacant, or if the owner of the developed property cannot be located after reasonable efforts, by posting such notice in a conspicuous place on the developed property or improvements located thereon. If notice is given by mail, notice shall be deemed given five (5) days after the date of mailing. If notice is given by posting, notice shall be complete five (5) days from the date of posting. If the owner or occupant of the developed property fails, neglects or refuses to pay in full all due and unpaid Combined Service Fees and interest described in the notice and which have accrued thereafter, within sixty (60) days after date of the Notice, the Director of Aviation shall cause the developed property and improvements thereon to be disconnected from the Services and no Service shall thereafter be provided to the developed property or improvements thereon unless and until all delinquent Combined Service Fees and interest have been paid in full. Neither the imposition nor payment of the Combined Service Fee shall in any manner obligate the City to continue to furnish and provide the Services. The City may, from time to time, reduce, modify, eliminate, add to, or substitute any or all of the Services. The City Council may by Resolution modify, increase or decrease the Combined Service Fee provided the Combined Service Fee shall be reasonably related to the overall cost (direct and indirect costs) of the Services. City's cost may include the cost of equipment and capital improvements amortized over their useful life. All unpaid Combined Service Fees plus interest shall be a charge against the owner of the developed property and shall be treated as a debt due the City from the owner. The unpaid Combined Service Fees, plus interest and cost of collection, including reasonable attorney fees, may be collected from the owner of the developed property in an action at law. The Combined Service Fee fixed and established by subsection (c) above constitutes and shall be deemed to constitute the combined service fee and the amount thereof payable by owners of real property in the Pueblo Memorial Airport Industrial Park pursuant to agreements, contracts, deeds and covenants among such owners and the City. Payment of the Combined Service Fee for developed property pursuant to this section shall relieve such owner from the obligation to pay a combined service fee under any agreement, contract, deed or covenant between such owner and the City. SECTION 2. If any provision of this Ordinance or Section 14 of Chapter 1 of Title III of the Pueblo Municipal Code is determined to be invalid or unenforceable by a court of competent jurisdiction, such determination shall not affect the validity or enforceability of any other provision of this Ordinance or Section 14 of Chapter 1 of Title III of the Pueblo Municipal Code. SECTION 3. This Ordinance and the provisions of Section 14 of Chapter 1 of Title III of the Pueblo Municipal Code shall become effective upon final passage and approval. INTRODUCED April 26, 2004 BY Michael Occhiato/Councilperson APPROVED: Randy Thurston/President of City Council ATTESTED BY: Gina Dutcher/City Clerk PASSED AND APPROVED May 10, 2004 -� ff /� i VV FM=42 � ! i Background Paper for Proposed ORDINANCE AGENDA ITEM # / fJ DATE: April 26, 2004 DEPARTMENT: CITY MANAGER'S OFFICE LEE R. EVETT, CITY MANAGER DAVE GALLI, DEPUTY CITY MANAGER TITLE AN ORDINANCE AMENDING CHAPTER 1 OF TITLE III OF THE PUEBLO MUNICIPAL CODE RELATING TO THE PUEBLO MEMORIAL AIRPORT, IMPOSING A COMBINED SERVICE FEE ON DEVELOPED PROPERTY LOCATED IN THE PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK, AND PROVIDING FOR THE DISCONNECTION OF SERVICES UPON FAILURE TO PAY A COMBINED SERVICE FEE ISSUE This Ordinance will increase the combined service fee being charged to tenants at the Airport Industrial Park. Currently there are several different fee structures at the Park, with the most common fee being an assessment of $295.00 per acre per year. This Ordinance will increase the fee effective as of July of 2004 to $500.00 per acre per year. Although this Ordinance raises the fee, it is still significantly below the $1,525 per acre per year fee recommended by the City Manager based on the study conducted by Maximus Inc. Although not specified in the Ordinance, it is the City's intent to continue the meetings between the City, the tenants at the Industrial Park, and Pueblo County to address further changes to the fee. This has been communicated to the tenants at the Airport Industrial Park RECOMMENDATION None. FINANCIAL IMPACT With thb increased fee, the City will ree approximately $264,500 per year. This is an increase of approximately $163,500 over what is currently being collected on an annual basis. Please note, however, that in the 2004 Budget, the City appropriated approximately $634,800 of anticipated revenue from this fee. That estimate was based on a projected fee of $1,200 per acre per year. The $500 per acre per year fee will cause a $370,000 shortfall in the FY 2004 budget.