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Home My WebLink About2373 Transportation Utility and Funding ORDINANCE NO'..;13 73 AN ORDINANCE OF THE CITY OF ASHLAND ADDING A NEW CHAPTER 4.26 TO THE ASHLAND MUNICIPAL CODE, ESTABLISHING A TRANSPORTATION UTILITY AND FUNDING THEREFOR. WHEREAS, the Council of the City of Ashland, Oregon, has determined that the local streets of the city are an essential element of the transportation network of the city; and WHEREAS, the Council has further determined that there is a need to cree.te and establish a system by which furiding for the maint- enance (If the local street system can be assured. NOW THEREFORE, THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: Section 1. A new Chapter 4026 is hereby added to the Ashland Municipal Code and shall read as follows: "Chapter 4.26 TRANSPORTATION UTILITY FEE Sections: 4.26.010 4.26.020 4.26.030 4.26.040 4.26.050 4.26.060 4.26.070 4.26.080 4.26.090 4.26.100 4.26.110 Declaration of Purpose. Establishment of Transportation Utility Fee. Transportation Utility Fee--Dedicatedo City to Maintain Local Streets: Exceptions 0 Billing for Fee.. Enforcement. Administrative Review; Appeals. Notice of Decision. Disposition of Fees and Charges. Exemptions. Discount for the Elderly. '4'.2'6..010 . Dec1ar'ation of Purpose. There is hereby created a Transporta- tion Utility for the purpose of providing funds for the maintenance of local streets under the jurisdiction of the City of Ashlando The Council hereby finds, determines and declares the necessity of providing mainten- ance and upkeep of the City's local streets and related facilities with a comprehensive Transportation Utility with such maintenance to include, without limitation, the following activities: patching, crack sealing, seal coating, overlaying and other activities as are necessary in order that local streets and related facilities may be properly maintained and that the health, safety and welfare of the city and its inhabitants may be safeguarde~. -1- 402600'20 Establishment 'o'f Trans 'o'r't'at:i'on Ut'iTit' "Fe'eo The City Council may esta 1S y reso ut10n a transportation ut~11ty ee (Fee) to be paid by the owners or occupants of property within the corporate limits of the City. Such Fee shall be established in amounts which will pro- vide sufficient funds to properly maintain local streetso Assessments against individual properties shall be based upon a flat fee for single and multiple family dwellings and based upon the number of parking spaces required by Chapter 18.92 of this Code for all non-residential useso Said assessments shall also apply to the Downtown Overlay District defined in Section 18.32.050 as if off-street parking were requiredo The City Council may, by resolution, establish such amount dependent upon the use of the property or the proposed use of the property under exist- ing zoning as such use rerates to the vehicular traffic which will be generated by the property. Collection of the Fee against each property shall be made by a monthly charge to be added to the utility bill for such property, and shall commence on the 1st day of June, 1986 for developed property, and for undeveloped property upon issuance of a building permit for such property. The City Council may from time to time by resolution change the Fee based upon revised estimates of the cost of properly maintaining local streets, revised categories of dev-: eloped use, revised traffic generation factors, and other factors. '4.26.030 Trans' or'tation Ut'iTit' 'Fee--' Dedic'ate'd. All fees collected y t e C1ty an suc ot er moneys as mig t e available to the city for the purposes of this chapter shall be paid into the Street Fund (Fund). Such revenues shall be used for the purposes of the operation, adminis- tration, and maintenance of the local street network of the City. It shall not be necessary that the operations, administration, and mainten- ance expenditures from the Fund specifically relate to any particular property from which the fees for said purposes were collected. To the extent that the fees collected are insufficient to properly maintain local streets, the cost of the same may be paid from such other city funds as may be determined by the City Council, but the City Council may order the reimbursement to such fund if additional fees are thereafter collected. All fQ~ds collected pursuant to the provisions of this chapter for opera- tion, administration, and maintenance shall be separately designated as such and shall be used solely for those purposes. '4'.2B.O~-0 Cit to Maintain Lac'al Streets; Exce.tions. The city shall ma1nta1n a accepte oca streets W1t 1n city-owne land, city rights- of-way, and city easements and may maintain other accepted local streets within or adjacent to the city. Such local streets specifically exclude private streets and streets not yet accepted by the city. for maintenance. 4.26.050 Billin~ for Fee. The fee shall be billed and collected with the monthly util1ty bill for those lots or parcels utilizing city utili ties and billed and collected separately those lots or parcels and owners thereof not utilizing city utilities. In the case of those lots or parcels which are not occupied by the owner thereof, the fee shall be billed with the monthly utility bill, if any, billed'to the resident of the propertyo All such bills shall be rendered monthly by the Department of Finance and shall become due and payable in accordance with the rules and regulations of the Department of Finance pertaining to the collection of utility fees, and the Director of Finance shall place all such fees so collected into the Fund to be deposited and separately kept to be used only for the pur- poses provided hereino -2- . :4'02'6'00'6'0' Erlfo'r'c'eme'n;t. Any charge due hereunder which is not paid when due may be recovered in an action at law by the cityo In addition to any other remedies or penalties provided by this or any other ordin- ance of the city, failure of any user of city utilities within the city to pay said charges promptly when due shall subject such user to dis- continuance of any utility services provided by the city and the City Administrator is hereby empowered and directed to enforce this provis- ion against such delinquent users. The employees of the city shall, at all reasonable times, have access to any premises served by the city for inspection, repair, or the enforcement of the provisions of this chapter. A.26.070 Admirtis'trat'ive ReView; Ap'p'eals . A. Any owner or occupant who disputes the amount of the fee made against such owners or occupants's property, or disputes any deter- mination made by or on behalf of the city pursuant to and by the authority of this chapter may petition the City Council for a hearing on a revision or modification of such fee or determination. Such petitions may be filed only once in connection with any fee or determination, except upon a showing of changed circumstances sufficient to justify the filing of such additional petition. B. Such petitions shall be in writing, filed with the City Recorder, and the facts and figures shall be submitted either in writing or orally at a hearing scheduled by the City Council. The petitioner shall have the burden of proof. Co Within thirty (30) days of filing of the petition, the City Council shall make findings of fact based on all relevant information, shall make a determination based upon such findings and, if appropriate, modify such fee or determination accordingly. Such determination by the City Council shall be considered a final ordero 4.26.080 Notice of Deci'sion. Every decision or determination of the City Council shall be in writing, and notice thereof shall be mailed to or served upon the petitioner within a reasonable time from the date of such action. Service by certified mail, return receipt requested, shall be conclusive evidence of service for the purpose of this chapter. 40260090 Dis osition of Fees 'and Char 'es 0 The fees paid and collected y virtue 0 t lS C apter s a 1 not e used for general or other govern- mental proprietary purposes of the city, except to pay for the equitable share of the cost of accounting, management and government thereof. Other than as described above, the fees and charges shall be used solely to pay for the cost of operation, administration, maintenance, repair, improvement, renewal, replacement and reconstruction of the local street network of the city and costs incidental thereto 0 4.26.100 Exemptiotls . The City Council may by resolution, exempt any class of user when they determine that the public interest deems it necessary or that the contribution to street use by said class to be insignificant. 4026.110 Discount for the Elderl 0 Discounts applying to low income e er y persons or water, sewer and electric utility fees shall also apply to transportation utility feeso" -3- SECTION 2. The fees imposed by this ordinance shall be effective with the first utility billing cycle subsequent to June 11 19860 The foregoing ordinance was first read by title only in accordance with Article XI Section 2 (C) of the City Charter on the' /C} ~ day of .~ : i~~;: and duly PASSED and ADOPTED on theJ~ day of ATTEST: ~..~~~ an~r'an l~n City Recorder - Treasurer SIGNED and APPROVED this' ~~4I- day o'f~1 1985.. .~<~~AA~ . . Gor on Medaris r Mayor -4-