HomeMy WebLinkAbout15995
City Clerk's Office Item # M6
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: May 27, 2025
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Andra Ahrens, Director Wastewater
SUBJECT: A RESOLUTION AUTHORIZING THE CITY OF PUEBLO TO CREDIT
SANITARY SEWER FEES OF $5,568.98 TO FENIX HISTORIC INVEST,
LLC
SUMMARY:
This Resolution authorizes the refund of erroneously collected sanitary sewer fees in the
amount of $5,568.98. From January 2024 to December 2024, charges for sanitary sewer
fees were applied to the consumption of water that was not discharged to the sanitary
sewer system.
PREVIOUS COUNCIL ACTION:
None
BACKGROUND:
The Wastewater Department received a request for Fenix Historic Invest, LLC, located
at 2315 Sprague Ave, seeking a refund of sanitary sewer charges. Substantial leaks
during the adjustment period misrepresented true water consumption, which resulted in
an inflated average set for the year.
Pursuant to City Ordinance ยง16-6-25, 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. Fenix
Historic Invest, LLC is requesting a refund of sanitary sewer fees in the amount of
$5,568.98 for charges from January 2024 to December 2024.
FINANCIAL IMPLICATIONS:
#095755-
091160.
BOARD/COMMISSION RECOMMENDATION:
None
STAKEHOLDER PROCESS:
None
ALTERNATIVES:
Alternative No. 1 No Action
The property at 2315 Sprague Ave will not receive compensation for erroneously
charged sanitary sewer fees.
RECOMMENDATION:
Approval of the Resolution
ATTACHMENTS:
1. 05-27-25 - 2315 Sprague Ave - BOWW data
RESOLUTION NO. 15995
A RESOLUTION AUTHORIZING THE CITY OF PUEBLO TO
CREDIT SANITARY SEWER FEES OF $5,568.98 TO FENIX
HISTORIC INVEST, LLC
Invest, LLC 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 Fenix Historic Invest, LLC the sum of $5,568.98 for the erroneous
collection of sewer fees charged for 2315 Sprague Ave during the period of January 2024 to
December 2024.
SECTION 2.
Such a refund shall be credited directly t-
091160) in the amount of $5,568.98.
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: May 27, 2025
BY: Brett Boston
MEMBER OF CITY COUNCIL
APPROVED: __________________________
PRESIDENT OF CITY COUNCIL
ATTESTED BY: ________________________
CITY CLERK
