Harball to Goldberg/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
Mark Goldberg
195 West 12th Avenue
Denver, CO 80204
Re: Latecomer's Fee for Fire Flows
Dear Mark:
Tel 406.758.7977
Fax 406.758.7979
charball@kalispell.com
As we discussed the other day, the latecomer's fee billing that you received from
the City for the Tally Lake Ranger Station 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.
Mark Goldberg
October 30, 2008
Page - 2
The amount due and owing to the City is $112,528.40. 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 to discuss this further. The Interim City
Manager has been brought up to date on this as well.
CharleA. Harball
City Attorney
Office of City Attorney
City of Kalispell
- City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
9/30/08
To: Charlie Harball, City Attorney
Cc: Jim Hansz, P.E., Public Works Director
Re: Tally Lake Ranger Station -Water Latecomers Fees
Attached is the calculation sheet used to determine the Water Latecomers Fee. Per the
agreement with Owl Corporation 635.65 water EDUs remain. These charges are as follows:
Project Site Total Water Latecomer Fee .......................... 832.26 EDU
Remaining Water EDUs..................................... 635.65 EDU
Water Credit Latecomer Fee ............................. 25.74 EDU
Total 609.91 EDU
For 2007 the reimbursement amount per EDU equaled $184.50. The total fee owed by this
project is $112,528.40. Credit was given for the $4,748.39 received by the City on 9/19/08.
If you have any questions, please do not hesitate to contact this office.
S' cerely,r
O
sie Turner
Latecommers Fee
Project Name: Tally Lake Ranger Station
Date: 9/24/2007
Calculated By: Susie Turner
Maximun Day Demand Per EDU =
Reimbrusment Amount per EDU
2007 Year
0.62 GPM/EDU
$184.50 $/EDU
TYPE OF DEVELOPED AREA
UNITS
EDU
1.
2.
1 Single Family Residence
0
0.00
Apartment, Duplex or Multi -Family 0
0.00
Commercial Construction
GPM
EDU
3. Maxumum Day Demand (GPM)
16.0
25.81
Fire Flow
GPM
EDU
4.
JProposed
Current Set Aside Fire Flow
1000
5.
Devlepment Fire Flow
1500
806.45
Total Water:
832.26
Maximun Peak Hour Flow Per EDU =
Reimbrusment 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
GPM
EDU
3. Maximun Peak Hour Flow (GPM)
10.5
15.91
Total Sewer :
15.91