HomeMy WebLinkAbout1996 Resolution No. 038,,
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RESOLUTlON NO. L
SERIES OP 1996
A P.ESOLUTlON ESTABLISHING FEES FOR HEARINGS BEFORE THE WATER AND
SZWER BOARD FOR THE CITY OF ENGLEWOOD, COLORADO.
_ ~. thia re110lutior. establiah .. f-to be charged by the EngJ.,....x,d Water and
Sewer Board to defray the upenae of adminiatrative reviowa and appeal,, under E .M.C. 12-
lD-6 ;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCll, OF THE CITY OF
ENGLEWOOD, C<'LORADO, THAT:
S.edimLl, Feea for adm;niatrative review ■ and ~~peal ■ under ll.M .C. 12-lD-6;
before the J;nglewood Water and Sewer Board of the City oiE,,;;iewood ahall be:
A. A foe of $75 .00 will be charged for appeal.a before th• Englewood Water and
Sewer Board.
B . The $75.00 fee shall be waived if the applicant prevaila or prove■ that he or she is
indigent .
ADOPI'ED AND APPROVED thia 4th day of Man:h, 1996 .
LdrJi
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk forjlle City of Englewood, Colorado, hereby ce rtify the
........ -·"""'""'"" ••. Ji ...... ,... Lk ,i&,
Loucrisbia A. Ellis
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INITIATl:D BY
IJtilili■a Pep■r1m■nt
COUNCLCOMMUNICATION
Agencullam
10 a1
Subject
HHring FN for Watar ■nd
S-Bo■rd Admlnlatrativ■
R■vi■w ■nd AppNII
STAFF SOURCE
StNWt H. Fond■, Oirec:IDr 11' Utilities
COUNCli.. GO,fU. AND PREVIOUS COUNCIL ACTION
Counal Bill No. 72, Series of 199!i/1996. Th■ Ordinance Addition to tti■ Wat.er Cod■ h■s been pl■c■d
as an additional it■m under Rights Under LicenH, after 12-1A-3, u ~2-1A-3 .5.
RECOMMENDED ACTION
Council approval by Resolution of the $75 .00 fee for hearings before the Water and Sewer Boaro ior
the City of Englowood .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Water and S-B?Brd , at their October 10 , 1995 meeting , recommended Council a~proval of
Ordinance addition to the Water Utility Code addressing the adminislllltil'e review and appeals
process . The Ordinance permits establ ishment of an administrative fee for hearings before the Water
and Sew~r Board by n,sclution .
The $75 .00 fee is proposed to defray the expense of the administrative review and appeal . The fee
would be waived if the Board rules in favor 11' the applicant or if the applican t is proven to be indiQ •.nt.
FINANCIAL IMPACT
None ..
UST OF ATTACHMENTS
Resolution , Series of 1996 .
ADMINISTRATIVE REVIEW AND APPEALS :
Any owner who disputes any decl1 on, action, or detenninatlon made by or on behalf of the City
pursuant to this Chapter may petiti Hl the Dnctor of Ut1Utie1 for I heiring on I revl1lon or modifteation
of such ■ctlon , decl1ion , or d■tet'I" .ination no later thin thirty (30) d■ya after the ,1ecision, ■ction, or
determinltion no later th ■n ~, (30) days lfter the deci1ion, action , or datenninltion . Such petitions
sh■H be in writing and aheH 1■t forth in dat■il the f■CII supporting the petition, whereupon the Dif'actor
shift hold I hearing . The Oil'IIClor of Utilities may conduct such hearing '•lrnMlf, or ■t hls 10 e
discretion, may designate an officer or employee of the City as I he• Jffioer with 1u1hority to hold
such hearings. The petition lhlll bo lded upon by the Director w an (10) days fn,m the d■m of
hearing. The decision, action, or d■termination m■y be st■yed du nng such period of review by the
Oireclor.
If the decision of the Director is unsatisfactory to the person petitioning , • written appeal to the Water
and s-r Board may be filed with tan (10) dlys l1'ler the receipt of the decision. The Water and
S-Board may hear the appeal ■ncl shlll m■kl I final ruling on the ■ppe■I within thirty-five (35)
days of receipt of the written appeal. The decision, lldlon or o.,termlnaUon of the Dil'IIClor may be
stayed during such period of review by the W ■ter Ind Sewer Bolird .
If the decision of the Water and Sewer Board is unsatisfactory to the person petitioning , they may
make further appeals to District Court.
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