Harball to Clausen/Latecomer's FeeCharles A. Harball Office of City Attorney
City Attorney 201 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
October 30, 2008
Kent Clausen
KVC Developments
8923 East Mission, Suite 135
Spokane, WA 99121
Re: Latecomer's Fee for Fire Flows
Dear Mr. Clausen:
Tel 406.758.7977
Fax 406.758.7979
charball@kalispell.com
The latecomer's fee billing that you received from the City for the Holiday Inn at
the Spring Prairie Development was incomplete as it did not include the excess fire
flow requirements that your facility requires. After we sent you the first billing, we
were contacted by the investor who installed the water and wastewater conveyance
system at his cost to question the amounts we billed. He cited the latecomer's
agreement that states:
"If a project with a fire flow requirement higher than the base fire flow
of 1,000 GPM were to connect to the main, the future development
would benefit from this extra capacity due to the oversized pipe.
Therefore there would have to be a payment for the additional fire flow
above and beyond the 1,000 GPM already supplied."
The City had interpreted this section of the agreement to have been fulfilled
when Glacier High School paid the fee for the additional fire flow above and beyond
the 1,000 GPM. We assumed that the excess fire flows would be paid just once
based upon the ultimate capacity of the lines. The investor, however, disagrees and
believes that the language of the contract allows for his recovery from any developer
requiring the excess fire flows and that there is no relationship to line capacity. He
agrees that he may not be reimbursed for more than his investment.
Because the City is the "administrator" of this agreement and that it may be
interpreted in more than one way, we are giving you a statement of the amount due
on the agreement with the excess fire flows taken into account.
Kent Clausen
October 30, 2008
Page - 2
The amount due and owing to the City is $151,481.88. I have enclosed the
memorandum and analysis provided to me by the Public Works Department as well
as a copy of the latecomer's agreement.
Please feel free to give me a call as I am sure you will wish to discuss this
further. The Interim City Manager has been brought up to date on this as well.
SVes
Carball
City Attorney
Office of City Attorney
City of Kalispell
g = City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)7.58-7720, Fax (406)758-7831
9/30/08
To: Charlie Harball, City Attorney
Cc: Jim Hansz, P.E., Public Works Director
Re: Holiday Inn Express -Water Latecomers Fees
Attached is the calculation sheet used to determine the Water Latecomers Fee. These charges
are as follows:
Project Site Total Water Latecomer Fee .......................... 849.35 EDU
Water Credit Latecomer Fee ............................. 28.31 EDU
Total 821.04 EDU
For 2007 the reimbursement amount per EDU equaled $184.50. The total fee owed by this
project is $151,481.88. Credit was given for the $5,224.00 received by the City.
If you have any questions, please do not hesitate to contact this office.
incerely,
usie Turner
Latecomers Fee
Project Name: Holiday Inn Express
Date: 9/30/2008
Calculated By: Susie Turner
WATER LATECOMER FEE
Maximum Day Demand Per EDU =
Reimbursement Amount per EDU
2007 Year
0.62 GPM/EDU
$184.50 $/EDU
TYPE OF DEVELOPED AREA
UNITS
EDU
1.
2.
ISingle Family Residence
0
0.00
JApartment, Duplex or Multi -Family
0
0.00
Commercial Construction
GPM EDU
3. Maximum Day Demand (GPM)
26.6 42.90
Fire Flow
GPM
EDU
4.
Current Set Aside Fire Flow
1000
5. lAdditional
Development Fire Flow
500
806.45
Total Water:
849.35
0;
Maximum Peak Hour Flow Per EDU =
Reimbursement Amount per EDU
2007 Year
0.66 GPM/EDU
$527.73 $/EDU
TYPE OF DEVELOPED AREA
UNITS
EDU
1.
2.
ISingle Family Residence
0
0.00
JApartment, Duplex or Multi -Family
0
0.00
Commercial Construction
3. Maximum Peak Hour Flow (GPM)
GPM
0.0
EDU
0.00
Total Sewer:
0.00