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HomeMy WebLinkAbout07263ORDINANCE NO. 7263 AN ORDINANCE AMENDING SECTION 4 OF CHAPTER 11, TITLE XVI OF THE PUEBLO MUNICIPAL CODE RELATING TO THE SANITARY SEWER COLLECTION SYSTEM IMPROVEMENT FUND BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter deleted, underscoring indicates matter added) SECTION 1 Section 4 of Chapter 11, Title XVI of the Pueblo Municipal Code relating to the Sanitary Sewer Collection System Improvement Fund is hereby amended to read as follows: Sec. 16 -11 -4. Sanitary Sewer Collection System Improvement Fund. (a) There is hereby established, within the Sewer User Fund, a special fund to be known as the Sanitary Sewer Collection System Improvement Fund ("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. (b) 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 approved by the City Council. "Growth- related capital projects" shall mean and include any relief main or upgrade required to be made to the existing sanitary sewer system [made in accordance with the most recent version of the Sanitary Sewer Design Criteria and Policies adopted by the City Council] where the capacity of existing mains is insufficient to carry wastewater flows from a proposed development but shall 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. (c) Any action taken by the City Council with respect to appropriations of or expenditures from the Fund or the determination concerning growth- related capital projects is, and shall constitute, a legislative measure lying exclusively within the sole and absolute discretion of the City Council. No person shall have a right to or be eligible to receive monies on deposit in the Fund except by action duly taken by the City Council. No recourse shall be had by any person against the City Council or the City or any of its officers, agents or employees resulting from or arising out of any action of the City Council taken with respect to the Fund. SECTION 2 If any provision of this Ordinance is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforce - ability of the other provisions of this Ordinance. SECTION 3 This Ordinance shall become effective upon final passage and approval. INTRODUCED December 27. 2004 M APPROVED: ATTESTED BY: CITY CLERK PASSED AND APPROVED January 10, 2005 Michael Occhiato Councilperson ID �] o Background Paper for Proposed ORDINANCE AGENDA ITEM # 13 DATE: December 27, 2004 DEPARTMENT: Law Department TITLE AN ORDINANCE AMENDING SECTION 4 OF CHAPTER 11, TITLE XVI OF THE PUEBLO MUNICIPAL CODE RELATING TO THE SANITARY SEWER COLLEC- TION SYSTEM IMPROVEMENT FUND ISSUE Should the City Council approve the ordinance amending the Code of Ordinances relating to the Sanitary Sewer Collection System Improvement Fund? Approve the Ordinance. BACKGROUND The City in 1994 established a sanitary sewer connection collection fee for new connections to the sanitary sewer system. The connection fees are deposited in the Sanitary Sewer Collection System Improvement Fund ( "Fund ") and are to be used for growth- related sewer system capital projects approved by the City Council. There is approximately $3,377,312 in the Fund. The 2005 budget and appropriation ordinance approved expenditures of $2,700,000 of the monies on deposit in the Fund for two growth- related sewer system capital projects to be constructed in 2005 as follows: California Street Sanitary Sewer Upsize - $1,700,000 and Thatcher Avenue Sanitary Sewer Upsize - $1,000,000. The Ordinance clarifies that any action taken by City Council with respect to the fund or determination of the growth - related capital projects is a legislative measure lying exclusively within the sole discretion of the City Council and no person has a right to or is eligible to receive any monies deposited in the Fund except as determined by the City Council. FINANCIAL IMPACT None.