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
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APPROVED:
ATTESTED BY:
CITY CLERK
PASSED AND APPROVED January 10, 2005
Michael Occhiato
Councilperson
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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.