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HomeMy WebLinkAbout1991-0605 Adjourned Mtg PACKET Agenda for the Adjourned Meetina Ashland City Council June 5, 1991 I Call to Order: 4 : 30 PM, Civic Center Council Chambers II Roll Call III Public Hearings: 1. Adoption of 1991-92 Budget. 2 . Adoption of Supplemental Budget for 1990-91. IV Ordinances & Resolutions First reading of an ordinance levying taxes for fiscal year 1991-92 . 2 . Second reading by title only of an ordinance amending Chapter 4 .20 of the Ashland Municipal Code relative to system development charges. Mew, C?/- /7 3 . Resolution adopting the budget and making appropriations for the 1991-92 fiscal year. 4. I Resolution approving supplemental budget and making r(ese, • 9/- �� / appropriations for the 1990-91 fiscal year. ,peso �/- '/9 5. Resolution electing to receive state revenue sharing for 1991-92 . 5�^ 6I Resolution certifying the provision of certain municipal services to qualify for state revenue sharing. 7. Resolution adopting methodology and fee schedules for systems development cha)res. V Adiournment ORDINANCE NO. 91- AN ORDINANCE LEVYING TAXES FOR THE PERIOD OF JULY 1, 1991, T0 AND INCLUDING JUNE 30, 1992, SUCH TAXES IN THE SUM OF $2,071,770 UPON ALL THE REAL AND PERSONAL PROPERTY SUBJECT TO ASSESSMENT AND LEVY WITHIN THE CORPORATE LIMITS OF THE CITY OF ASHLAND, JACKSON COUNTY, OREGON THE PEOPLE OF ASHLAND, OREGON DO ORDAIN AS FOLLOWS. Section 1. That the City Council of the City of Ashland hereby levies the taxes provided for in the adopted budget In the aggregate amount of$2,071,770 and that these taxes are hereby levied upon the assessed value for the fiscal year starting June 1, 1991, on all taxable property within the City. Section 2. That the City Council hereby declares that the taxes so levied are applicable to the following funds: General Fund $ 855,863 Cemetery Fund 96,167 Band Fund 33,250 Parks and Recreation Fund 1,052,200 Recreation Serial Levy Fund 34.290 $ 2,071,770 The foregoing Ordinance was first read on the 4th day of June 1991, and duly PASSED and ADOPTED this 16th day of June, 1991. an ran in City Recorder SIGNED and APPROVED this day of June, 1991. Catherine M. Golden, Mayor RESOLUTION NO. 91- A RESOLUTION ADOPTING THE ANNUAL BUDGET AND MAKING APPROPRIATIONS BE IT RESOLVED that the Ashland City Council hereby adopts the 1991-92 Fiscal Year Budget, now on file in the office of the City Recorder. BE IT FURTHER RESOLVED, that the amounts for the fiscal year beginning July 1, 1991, and for the purposes shown below are hereby appropriated as follows: GENERAL FUND Human Resources $ 68,640 Economic Development 223,730 Debt Service 120,000 Transfers Out 58,500 Contingency 203,120 Police Department 2,022,430 Municipal Court 138,090 Fire Department 1,436,820 Senior Program 120,290 Community Development 542.600 TOTAL GENERAL FUND 4,934,220 POLICE SERIAL LEVY FUND Transfers 24.000 CEMETERY FUND Personnel Services 96,500 Materials and Services 105,420 Capital Outlay 15,000 Debt ServicQs 1,500 Transfers 500 Contingencies 20.080 TOTAL CEMETERY FUND 239,000 BAND FUND Personnel Services 4,000 Materials 33,280 Contingency 1.720 TOTAL BAND FUND 39,000 EMERGENCY 9-1-1 FUND Personnel Servkoss 36,600 Materials and Services 25,620 Capital Outlay 7.000 Contingency 4.280 TOTAL EMERGENCY 9-1-1 FUND $ 73,500 1 ASSESSMENT IMPROVEMENT FUND Materials and Services $ 1,750 Capital Outlay 582.000 TOTAL ASSESSMENT CONSTRUCTION FUND 583,750 . HOSPITAL CONSTRUCTION FUND Capital Outlay 260,000 Contingency 200.000 460,000 BANCROFT BOND FUND Debt Service 465,000 Transfers 5.000 TOTAL BANCROFT BOND REDEMPTION 470,000 GENERAL BOND FUND Debt Service 34$,044 DEBT SERVICE FUND Debt Service 63,000 ADVANCE REFUNDING BOND FUND Debt Service 208,440 HOSPITAL BOND FUND Debt Service 24.500 CENTRAL SERVICES FUND Administrative Department 405,250 Finance Department 849,750 Transfer Out 25,000 Contingency 88,000 Public Works Department 441,200 Community Development 202.800 TOTAL CENTRAL SERVICES FUND 2,012,000 INSURANCE SERVICES FUND Personnel Services 13,000 Materials and Services 480,000 Contingency 490.000 TOTAL INSURANCE SERVICES FUND 983,000 EQUIPMENT FUND Personnel Services 99,210 Materials and Services ` 370,000 Capital Outlay 260,500 Contingency — — -- 100.000 ,1.OTAL EQUIPMENT FURD — — $ 829,710 3 RESOLUTION NO. 91-T A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 1990-91 WHEREAS, Oregon Budget Law, under ORS 294.480 provides for a supplemental budget process. BE IT RESOLVED, that the amounts for the fiscal year beginning July 1, 1990, are increased by the amounts shown below: FIRE EMT SERIAL LEVY FUND Resources Carryover $1,700 Expenditures Transfer to General Fund $1,700 To authorize the transfer of the Fire EMT Serial Levy Fund balance to the General Fund and to close out the Fire -EMT Serial Levy Fund. WATER FUND Resources Carryover $ 88,000 Expenditures Capital Outlay. Land 40,000 Ashland Bear Creek Pond 28,000 Ashland Creek Diversion 20.000 Total $ 88,000 To authorize the expenditures for the above projects, which were planned in the previous year, but were carried over to the present year. IT IS HEREBY RESOLVED by the Mayor and City Council of that the above supplemental budget is hereby approved. The for Resolution was READ and DULY APPROVED at .a regular meeting of the city council of the City of Ashland on the 4th Day of June, 1991. Nan E. Franklin City Recorder SIGNED AND APPROVED this day of May, 1991. Catherine M. Golden Mayor .. of Mi.lint May 29, 1991 ' O4EG0 Mayor and City Council rant Jill Turner, Director of Finance ff� �$ P State Subventions RECOMMENDATION:. Staff recommends passage of the attached Resolution certifying municipal services for State shared revenues. DISCUSSION: This resolution certifies that the City of Ashland is eligible for State subventions. The State program requires .that cities located within a .county having more than 100,000 inhabitants must provide four or more municipal services to be eligible to receive state revenues. ALTERNATIVES: None suggested FISCAL IMPACT: The City should receive the following revenues in 1991-92: Cigarette $ 53,000 Liquor 98,000 Highway 726,000 . .• {0-IF em' r .a n. M .. May 29, 1991 EOO� • Mayor and City Council r rrt Ylj Jill Turner, Director of Finance CI�ix�ItQ State Revenue Sharing RECOMMENDATION: Staff recommends passage. of the attached resolution, - approving participation in the State Revenue Sharing Program. DISCUSSION: State Revenue Sharing law, ORS 221.770, requires cities to pass a resolution each year stating that they1want to receive revenue sharing. money. The law also requires that two public hearing are held on the use of these funds. The budget committee hearing was held on April 18, 1991 and the City Council hearing on June 4, 1991. ALTERNATIVES: None suggested FISCAL IMPACT: The City should receive $62,000 in State Revenue Sharing monies next year. SR�_,61 ..Southern Oregoo _ Regional Economic Development, Ina Main Offix 132 W.Main,Ste 101 Medford,OR 97501-2746 (503)773-5916 Branch Office: . Grants Pau . (503)479-2502 Fhc 7764M - April 29 , 1991 Mayor Cathy Golden City of Ashland City Hal:l .. . Ashland, Oregon 97520 RE: SO-REDI Board of Directors Dear Mayor Golden: Recent action by a :budget sub-committee to allocate all economic development grant funds to the Ashland Chamber of Commerce, who will in turn fund economic development programs such as SO-REDI, could disqualify the City of Ashland from holding their current "charter" Board seat . SO-REDI By-Laws, Article IV (Board of Directors) , Section 3 . Number of Directors and Terms —stipulates "If otherwise qualified as a member, seven charter seats will be held by the public agency representatives of namely Medford, Grants Pass, Central Point, Ashland, Jackson County, Josephine County and Rogue Valley Council of Governments. " Ashland, by virtue of. its "charter seat" has automatically been a member of the SO-REDI Board of Directors . This privileged position _ ensures that Ashland, along with the other major public agencies, will always hold a Board seat, while the other 15 Board seats are contested every year (directors serve revolving three year terms, with no more than 1/3 of the Directors terms expiring in each year) . In order to qualify and continue as a member, annuar membership dues are assessed and paid. If Ashland no longer pays their dues, the City would be dropped from membership and their Board seat would be lost. Ashland can continue with membership and have a representative on the Board of Directors if they designate .funds (make the.-check payable to the Chamber of Commerce and SO-REDI ) and appoint a member of the=Ashland-Chamber of Commerce to represent the City' Obviously, a simpler method of retaining your membership rarae..,fm, - A A B ossmuin pry of Catty PbWI HoQbuhr A Associates Marque&Assoc,Inc Sxwit,PadBc Bank—Oregon Barn Conatuclioo Co. City of Oran"Pan Jackson County Consulting Putt Southern OIVOn Suisse BmsBl Rd Beam Co. City of Med(ad The Job Council Medford Mail 7Hbuno 7Cf 9Rra.In. CoSede l:uaeae P.Burrill lumber Co. Car t Compaury,Ix - Josephine County Pecifx Power t IIJM Cu. IAA Bank CP National Doha Pivaodal Comuldy Smvias Kimball,Diana,Hyatt.@ Yours,CFAs Puhv t Icav Real Porte Company US NM Communitaliom City is Ashland Furl Interstate Book of Kosmatlor,Donneft k C4,CPAs Rogue WOey Manor United Wepbone Company Economic Developorevt Council Oreao4 N.A. Uthia's Medford Auto Dealmhips S k B James Comtmaion Cp .Mayor Catherine Golden 20 East Main Street Ashland, Oregon 97520 RE: Budget Dear Cathy, Just a few points to be considered if .the City Council votes to include the ( SO-REDI ) Southern Oregon Regional Economic Development, Inc. membership funds with the Chamber. of Commerce allocation from the budget. It is my personal understanding that if the monies are not directly received from the City, Ashland would lose the City Charter seat on the SO-REDI Board of Directors•.• If. the Chamber elected to send'a check on behalf of .the'City, they the Chamber ) would not be eligible for the charter seat on the Board. Any SO-REDI individual member at the $200+ monetary level, or corporate member at the $500+ monetary level is eligible to run for a. Board position. This would be the procedure for the Chamber to become a Board member. A word of caution, there are many business members who are active on committees now, who would probably be nominated to the Board before a member who has not participated .and is just newly eligible. It would appear to be an unwise move for the City to knowingly lose a Charter seat on the Board of such a viable organization as SO-REDI. I would recommend that the City consider allocating an increase over the $2500.00 given in the past. Perhaps even consider naming as the representative or as alternate a member of the City Council. The Board meets every 4th.- Tuesday of each month, alternating between Jackson and Josephine counties. Sincerely, Mary lee Christensen City of Ashland. Board Representative May 8, 1991 •, O4EGO P D� Brian Almquist, City Administrator ram: Steven Hall, Public Works Director)/_ p�ll�jjpC : Street Cut Request -- 450 Willow Street ACTION REQUESTED City Council consider granting permission to cut Willow Street for utilities for installing a natural gas line. BACKGROUND See attached letter from Robert Stephens on behalf of Mr. and Mrs. Merek requesting permission to cut Willow Street for installation of a natural gas line to serve an existing home at 450 Willow Street. Ashland Municipal Code Chapter 13 . 12.011 states: "There shall be no excavation in newly paved or resurfaced streets by anyone including the departments of the City of Ashland for a period of five (5) years from the date of such paving. " Ashland Municipal Code Chapter 13. 12.013 states: "The City Council may permit excavation within the five (5) year period if in its judgment the reason for the excavation was not reasonably foreseeable to the utility of department of the City involved at the time the street was newly paved or resurfaced. " Willow between Orange and Otis was paved on 9/3/87 and will be off moratorium on 9/3/92 . Mr. Stephens refers to an approval given by the Council to Mr. Prem Dhanesh in July, 1990. I have attached a copy of my memorandum in reference to that request and subsequent approval by Council. Staff still concurs with Council policy on ."no cut" of streets under moratorium. SMH:rm\drft\stephens Enclosures cc: Robert W. Stephens, Broker Jim Olson, Assistant City Engineer Jerry Glossop., Street Superintendent Pam Barlow, Adminstrative Assistant ,t ROB STEPHENS LINDA 1. GREENE BROKER WW PROPERTY MANAGER End PROPERTY MANAGEMENT, INC. April 25, 1991 en; Mr. Steve Hall r �t--- Director of Public Works J. City of Ashland, Oregon APR 2 6 1891 Dear Mr. Hall: Our firm represents the rental property of Mr and Mrs Kenneth Merek located at 450 Willow Street here in Ashland. Recentlyp the Mereks asked us to have the heat system changed in their property on Willow. The system in place is an inefficient base-board type of heat operated on electric power. Due to high costs to the tenants and a desire on the part of the Mereks to be utility conser- vative, they had decided on a gas type, central heating system ducted to all rooms. A heating contractor has been employed to install the subject heat- ing system. The contractor is ready to begin installation. Upon in- quiring of the suppliers of natural gas to the area, we discovered that a two year moratorium is in place until 1992. The moratorium pertains to cutting of the pavement on Willow Street. Upon further investigation, we were told that this moratorium has been waived for new construction now going on on this same street and for another property. These properties are situated at 459 and 481 Willow Street. We are writing to you in hopes that we may also obtain a permit on behalf of the Mereks and their tenants from the City Council which will allow us to install a gas furnace in this property. Our efforts on behalf of the Mereks and future tenants in this venture will result in beneficial results, we feel, not onlyYto the tenants iri giving them a more effective, cheaper source of heat, but will also add to the efforts of all citizens to conserve on the resources we all need to be sensitive too. Thank you for your attention to this matter and for any consideration or help you can give us. I remain, Respectfully( yours, ! ` 11 ROBERT W. STEPHENS, Broker 33 North First Street Ashland, OR 97520 482-3451 July 12, 1990 Brian Almquist, City Administrator Steven Hall, Public Works Director Street Cut Request -- 453 & 455 Willow Street ACTION REQUESTED City Council consider granting permission to cut Willow Street for utilities for two proposed single family residences. BACKGROUND See attached letter from Prem Dhanesh requesting permission to cut Willow Street for installation of utilities to two proposed homes at 453 and 455 Willow Street. Ashland Municipal Code Chapter 13. 12.011 states: "There shall be no excavation in newly paved or resurfaced streets by anyone including the departments of the City of Ashland for a period of five (5) years from the date of such paving. " Ashland Municipal Code Chapter 13.12.013 states: "The City Council may permit excavation within the five (5) year period if in its judgement the reason for the excavation was not reasonably foreseeable to the utility of department of the City involved at the time the street was newly paved or resurfaced. " Willow between Orange and Otis was paved on 9%3/87 and will be off moratorium on 9/3/92 . Mr. Dhanesh refers to a cut allowed to Mr. Ed Jones in 1988. Mr. Jones was granted permission at the May 17, 1988 Council meeting to open cut Willow Street. I have attached the information from that meeting. You will note that Mr. Jones was not notified of the paving of Willow Street as required by the Ashland Municipal Code. Since we only keep prepavement notification records on file for 12 months, I am not able to verify whether Mr. Dhanesh, or his mother, Mrs. Jensen received notification of the paving. encl: Dhanesh letter Olson memo Jones letter ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4.24 OF THE. ASHLAND MUNICIPAL CODE RELATIVE TO TRANSIENT OCCUPANCY TAX. NOW THEREFORE THE CITY OF ASHLAND DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 4. 24 of the Ashland Municipal Code is hereby amended in its entirety and shall read as follows: Chapter 4 .24 TRANSIENT OCCUPANCY TAX Sections: 4.24 .010 Definitions 4-24.020 Tax Imposed 4.24. 030 Exemptions 4 .24. 040 Operation's Duties 4. 24.050 Registration 4.24.060 Reporting and Remitting 4 .24. 070 Penalties and Interest 4.24.080 Failure to Collect and Report Tax -- Determination of tax by Tax Administrator 4 .24 . 090 Appeal 4.24. 100 Records 4 .24. 110 Refunds 4. 24 . 120 Actions to Collect 4.24{ .g13J0� �Vyiol$atfi��oyns�-y-Mjisdemeanor '#IA� M-'Y CIIdjir Jv�r{Gi{ MGM �1,�?� `15f# �=Exam�.�n3ng..BooE�s j�s Records; 4.24.010 Definitions. Except where the context otherwise requires, the definitions contained in this section shall govern the construction of this chapter: A. Person shall mean any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. B. Hotel shall mean any structure, or any portion of any structure which is occupied, or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof. C. Occupancy shall mean the use or possession, or the right to the use or possession of any room or rooms or portion thereof, in any hotel or recreational vehicle/camping park for dwelling, lodging or sleeping purposes. 1 D. Transient shall mean any person who exercises occupancy or is entitled to occupancy in a hotel or recreational vehicle/camping park by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel or recreational vehicle/camping park shall be deemed to be a transient until the period of. thirty (30) days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether, a person is a transient, uninterrupted periods of time expending both prior and subsequent to the effective date of this chapter may be considered. E. Rent shall mean the consideration charged, whether .or not received by the operator, for the occupancy of space in a hotel or recreational vehicle/camping park valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without an deduction therefrom whatsoevernS the tol+ ansdaraianhergex by [ a zatix ior3 occupancy pf a= ropin nr spac ,fin additxnn to amoount � g�Ci"xfU�s zoam, xerit �rio7.i�d2S�<G2ta���s by j�p�`�ra�Gr=����' m�aa�sr: �skzng#,.telephone, Kand other a�emssun'3ess Zsuah�atems =are bttstCm t Sire t1um7�eted Ireceiptsz2oxlt is theot.Yl cY�atisideratinn pd.� 'xts tantthxd.:psxy: : s �rh..,w73 irtar]zuP�`f!���' F. operator shall mean the person who is proprietor of the hotel or recreational vehicle/camping park, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, :Wrote licensee or any other capacity. Where the operator performs any;, errs functions E? C iZtX . Or — �i�g,�� through aM �9 agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this chapter and shall ---- sTa;rA.,„,�e; duties and liabilities as has kkt principal. Where the operator is a corporation, the term operator shall also include each and every member of the Board of Directors of such corporation for the time involved. Compliance with the provisions of this chapter by either the principal or the managing agent shall, however, be considered to be compliance by both. G. Tax Administrator shall mean the Director of Finance of the City of Ashland, or mss—designee. H. Recreational Vehicle/Camping Park shall mean a development designed principally for the transient housing of travel trailers, mobile homes, tent trailers, motor homes, and for tent camping. (Ord. 1907, 1977 ; Ord. 1975, 1978 . = AcoruL aecountincr. A z3' em mfr annc ., r opera�o� enters °the rent die from`° � transient i�st©�ttxewre�oxd art 2 J Cas acc nt ' =? 3A systems of aGCOUntxng an whack the operator records theft dueK011l 21 transienk when ,fit xL .pac`,; regardless o€ w2en the person occupies tkp roam« ru11 bi"eEia5�. S i : A pCimp F 1#led servedGagtiGG4tpa3..t of the room consistanr o �ax 3� namum of 3 xlashes plusoifse �tea artd u e« 1h ul breaTr�East ustHbe e^ved axe T r�eryam-and resented an a common area>furshe�3_with; tzbfe;(s.}.RneT seatixlc .zi 4 . 24 . 020 Tax Imposed. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of six (6%) percent of the rent charged by the operator. Said tax constitutes a debt owed by the transient to the City which is extinguished only by payment to the operator of the hotel at the time the rent is paid. Th 11=a ..... n 7 ex� ca� d �1x tnm the zarsrc wx►en rent4Y� a collected, , tseiperator��keeps records--on the cash > as s' C4Qt7TIt I3 j Xt1 W�i'7t a Ilf'l�flUM �1G' . RX, accYtia3c�o�zntng„basw;:$If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the Tax Administrator may require that such tax shall be paid directly to the Tax Administrator. (Ord. 1907, 1977; Ord. 2024,1, 1979) 4.24 . 030 Exemptions. No tax shall be imposed upon: A. Any person as to whom, or any occupancy as to which, it is beyond the power of the City to impose the tax herein as Provided; B. Any occupant whose rent is of a value of $6.00 or less per day. This amount shall be adjusted on July 1 of each year based on the change in the Portland consumer Price Index. (Ord. 2216, 1982) C. Any officer or employee of a foreign government who is exempt by reason of express provision of federal law of international treaty. t � rchsm zan �Mk�fi ,ak+� a�c�nu ,aaCs cirstxns�entt 3 `8eant ,Breaastrestab7zsh3net� �R° FIrfer A, FT1Ci ae ,� 1 a �n a x x ��d Y g totalkataaun ,�sharr}�adYrSr �$1LI �a0 per..day..„.,” No exemption shall be granted except upon a written claim therefor made at the time rent is collected and under penalty of perjury upon a form prescribed by the Tax Administrator. (Ord. 1907, 1977) 4. 24 . 040 Operator's Duties. Each operator shall collect the tax imposed by this chapter, to the same extent and at the same time as the rent is collected from every transient. The amount of tax shall be separately stated from the amount of the rent charged, and each transient shall upon demand receive a receipt for payment from the operator. No operator of a hotel shall 3 advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be refunded except in the manner hereafter provided. Every operator required to collect the tax imposed herein shall be entitled to retain five percent (5%) of all taxes collected to defray the costs of collections and remittance. (Ord. 1907, 1977) 4 24 050 Registration. Within thirty (30) days after the date of adoption of this chapter or within thirty (30) days after commencing business, whichever is later, each operator of any hotel or recreational vehicle/camping park renting occupancy to transients shall register said hotel or recreational vehicle/camping park with the Tax Administrator and obtain from him a "Transient Occupancy Registration Certificate" to be at all times posted in a conspicuous place on the premises. Said certificate shall, among other things, state the following: (1) The name of the operator; (2) The address of the hotel or recreational vehicle/camping park; (3) The date upon which the certificate was issued; and (4) The following statement: "This Transient Occupancy Registration Certificate signifies that the person named on the face hereof has fulfilled the requirements of this part by registering with the Tax . Administrator for the purpose of collecting from transients the Transient Occupancy Tax and remitting said tax to the Tax Administrator. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a hotel or recreational vehicle/camping park without strictly complying with all local applicable laws, including commission, department or office of this City. This certificate does not constitute a permit. " (Ord. 1907, 1977; Ord. 1975 83, 1978) 4 24 060 Reporting and Remitting. Each operator shall, on .or before the 25th day of the month following the end of each calendar quarter (in the months. of April, July, October and January) , make 'a return to ..the Tax Administrator, on forms provided by h}nt 9409M, of 'the total rents charged and received and the amount of tax collected for transient occupancies. At the time the return is filed, the full amount of the tax ollected sar "a" rie <iug' ldrg :e 'M"shall be remitted to the cm.....:..:..ww... :m .M Tax Administrator. The Tax Administrator may establish shorter reporting periods for an certificate holder if `tee de� c P 9 P Y 5...:.�.: .,, 4rt necessary in order to insure collection of the tax and h1jE' Airtn. sraamay require further information in the return elsran �trr . Ynt a ttie , a}?3y• Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this chapter shall be 4 held in trust for the account of the City until payment thereof is made to the Tax Administrator. (Ord. 1907, 1977) 4 .24. 070 Penalties and Interest. A. Original Delinquency. Any operator who fails to remit any portion of any tax imposed by this chapter, within the time required, shall pay a penalty of ten percent (10%) of the amount of the tax, in addition to the amount of the tax. B. Continued Delinquency. Any operator who fails to remit any delinquent remittance on or before a period of thirty (30) days following the date on which the remittance first became delinquent, shall pay a second delinquency penalty of ten percent (10%) of the amount of the tax in addition to the amount of the tax and the ten percent (10%) penalty first imposed. C. Fraud. If the Tax Administrator determines that the nonpayment of any remittance due under this chapter is due. to fraud, a penalty of 25 percent of the amount of the tax shall be added thereto in addition to the penalties stated in subparagraphs (A) and (B) of this section. D. Interest. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this chapter shall pay interest at the rate' of one percent (1%) per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. E. Penalties Merged with Tax. Every penalty imposed and such interest as accrued under the provisions of this section shall become a part of the tax herein required to be paid. 4.24.080 Failure to Collect and Report Tax -- Determination of Tax by Tax Administrator. If any operator should fail by collect said tax all& to make, within the time provided in this chapter, any report and remittance of said tax or any portion thereof required by this chapter, the Tax Administrator shall proceed in such manner as he may de do best to obtain facts and information on which to base Ms estimate of the tax due. As soon as the Tax Administrator shall procure such facts and information as he is able toEt;;d.� obtainer upon which to base the assessment of any tax imposed by this chapter and payable by any operator who has failed or .refused to collect the same and to make such report and remittance, h6lgj 4µ d s7 shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this chapter. In case such determination is made, the Tax Administrator shall give a notice of the amount so assessed by having it served personally or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at his last known place of address. Such operator may, within ten (10) days after the delivery or mailing of such notice, make an appeal of such determination as provided in Section 4.24.090 of this chapter. 5 Tf:no appeal 'zs; taken,. the Administrators determznatons ;fzna and the..ramaunt�thexe�y is.,_�mmeaa�.e�y dn� and., ayai�le 4 .24 .090 Appeal. Any operator aggrieved by any decision of the Tax Administrator with respect to the amount of such tax, interest and penalties, if any, may appeal to the City Council by filing a notice of appeal with the City Administrator within fifteen (15) days of the serving or mailing of the determination of tax due. The Council shall fix a time and place for hearing such appeal, and the City Administrator shall give five (5) days written notice o€„thztlme;„;and place, hearing In Writing ..LereeC ��� to suc known place of address. Th £Lnunc z"shal e �anti conszder aay .records a2sd evzdenbe I CS YItt'41 j 7 g liptatl R 1 `hAS P 2X 5 �Ck4rks + e �' R . �? amount due, make`.fznda3�gs„a# Yng, reYSrspc b ,modfyuzg, ttxd dkeritr"ibxl;The findings of the Council shall be final and conclusive and shall be served upon the appellant in the manner prescribed above for service of notice of hearing. Any amount found to be due shall be immediately due. and payable upon the service of notice. 4.24. 100 Records. It shall be the duty of every operator liable for the collection and payment to the City of any tax imposed by this chapter to keep and preserve, for a period of three (3) years, all #WMrecords as may be necessary to determine the amount of such tax. as he _l have been liable t__ the eelleetiffit of and the y payment to 4L whieL rd The Tax Administrator shall have the right to inspect allds,. ...... at all reasonable times. every operator slxai r= »at .a .zmzrizmum , m��ri� ag��s�r�e�S7���SS�cf`krt�t����Tltsrc ecG4t1`{t1'��.1f�g Fk�on t� _ reCOrr3dofgntii�e=�3T}hxsc�peatyo�rgs inusq,yat tu3n�mtmF �pp1f±3 in bzllzng�reven�s cis`il�'=�tau3'"naj.#, a`xash receipts anti. ctepos�t, jou na attd a£ ashF d t �m�nt j porn l heG Cnk ter, T."A Y�cords`�and bboks`shsll= r$candz7.e to 'the :trans�entrrdom�tak r+epq:��s axed �'��auc��•kaks�.�t They sha�.� alsrs �ecgtic�.�.e to tie oLp.�ryat�syx_#,,s �n�#`�me, tax repyo.yrtes4 IP{,the Tait qA.dmni.strat�hsr,(k�i,zncips iF� fiir�+ •�irr� �M Q 4lt�r «4i 4i ,I.�'rirr ` �` F 'i.tiSr ...iiV : no- prat de3gade�uateFsuppart fox transient room tax rsport�s ���.ed; 'e�E th�c,aperatarl��aeca�nt�,ng syete� i� nc�r� aud� b��� � - shall bey"the?responsibzlity°of the operator tto zmpre:°heir a ; a�xri syem tkxe3t sckio» of Mthe A#mnisxatnxµ 4 .24. 110 Refunds. A. Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once, or has been erroneously or illegally collected or received by the City under this chapter, it may be refunded as provided in subparagraphs (B) and (C) of this section, provided a claim in writing therefor, stating under penalty or perjury the specific grounds upon which the claim is founded, is filed with the Tax Administrator within three (3) 6 years of the date of payment. The claim shall be on forms furnished by the Tax Administrator. B. An operator may claim a refund, or take as credit against taxes collected and remitted, the amount overpaid, paid more than once or erroneously or illegally collected or received when it is established in a manner prescribed by the Tax Administrator that the person from whom the tax has been collected was not a transient; provided, however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the transient or credited to rent subsequently payable by the transient to the operator. C. A transient may obtain a refund of taxes overpaid or paid more than .once, or erroneously or illegally collected or received by the City, by filing a claim in the manner provided in subparagraph (A) of this section, but only when the tax was paid by the transient directly to the Tax Administrator, or when the transient having paid the tax to the operator, established to the satisfaction of the Tax Administrator that the transient has been unable to obtain a refund from the operator who collected the tax. D. No refund shall be paid under the provisions of this section unless the claimant establishes irts;; ha right hereto by written records showing entitlement thereto. 4.24 . 120 Actions to Collect. Any tax required to be paid by any transient under the provisions of this chapter shall be deemed a debt owed by the transient to the City. Any such tax collected by an operator which has not been paid to the City shall be deemed a debt owed by the operator the City. Any person owing money to the City under the provisions of this ordinance shall be liable to an action brought in the name of the City of Ashland for the recovery of such amount. 4. 24. 130 Violations - Infractions. Any operator ,or other person who fails or refuses to register as required herein, or to furnish any return required to be made, or fails or refuses to furnish a supplemental return or other data required by the Tax Administrator, or who renders a false or fraudulent return or claim, or who fails, refuses or neglects to remit the tax to the City by the due date, is guilty of. an infraction and shall be punished as set forth in Section 1.08. 020. (Ord. 1907, 1977; Ord. 2382 ,1, 1986) . 1 fide Except as tzthersafse requs.reME agent tb divulger release 4� make: ]sncwn 'in ariy maxrner and nxn a n �zsnat crnubmalt d az dls ced to they ttd. terms,.. nf ths,..firdxnanc ,. ,, Nothing an..ths,_sectacn,shal3 p7rrl�.bit (1} i'he dsclasre taf the names ancaddresses of ,any per sins who ire operatng; .q ? 7 {�}r The clisclosttreto€ general; statstsGS in a form which we dt *prevent tl a idan aatiars r�anc al.... n POW k�K rgarding; an zndividual operatctr� or s ' . �xesentatan of evien theaut, -o atixz tzibuna7 i:l A... ,�u�isd�ction in the pr©secut�on ci' a cla2m by �,d�inietratr�z e� an �ppea�. �z+��u .kh�,7s�t�nn�stra�rsr �a ,�mauxt� ,s�z�� the. C�.ty.„izn�i�r t3i�s chapter«; tine purpa�e a� �ekar�n�ning th+� ca7:xeatnass a� axy transient oycyeu{s+ayne�.ptyaxjreytuyrn�, ..or fyorjtyhe puar�sosye raf a�n�reasytimatye yc�yfy taxes Mf M•4. YFAi� ilxTweF M[!M. � MTiY iFi> F Mmn Mx Wn+� i ikVW"Mr. �epres�htati�� designed�3�y ttfar that purposes any `ba�k�%;s , era ds� �sr m aaxsnda,a nelnd ng aap es a rpetatgt" sat andecera3 income gax xeturns,Lteaxng,upssn „tae matter cs The foregoing ordinance was first read by title only in accordance with Article X. Section 2 (c) of the City Charter on the 7th day of May 1991, and 'duly PASSED and ADOPTED this 21st day of May, 1991. Nan E. Franklin City Recorder SIGNED and APPROVED this day of May, 1991. Catherine M. Golden Mayor 8 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2052, THE LAND-USE ORDINANCE OF THE CITY OF ASHLAND AND SECTION 18.12.030 OF THE ASHLAND MUNICIPAL CODE, TO RE-ZONE CERTAIN PROPERTY FROM R-1-5 TO E-1 (PETER VAN FLEET) THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Ordinance No. 2052 and Section 18. 12.030 of the Ashland Municipal Code, are hereby amended by rezoning from City of Ashland R-1-5 (Single Family Residential) to E-1 (Employment) the property located at 312 Helman Street, Tax Lot 391E-4CD-1100. The foregoing Ordinance was first read on the 21st day of May, 1991, and duly PASSED and ADOPTED this day of June, 1991. Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1991. Catherine M. Golden Mayor ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4.20 OF THE ASHLAND MUNICIPAL CODE RELATIVE TO SYSTEMS DEVELOPMENT CHARGES. WHEREAS, the 1989 Session of the Oregon Legislature has enacted a new State Law relating to system development charges; and WHEREAS, the City's system development charges used after July 1, 1991 must meet certain requirements incorporated in the state law; and WHEREAS, the City of Ashland has undertaken a complete review of its system development charges in order to insure their compliance with state law; and WHEREAS, it is important to the City that costs of growth are equitably and rationally shared by new growth and development activities. NOW THEREFORE THE CITY OF ASHLAND DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 4.20 of the Ashland Municipal Code is hereby amended in its entirety and shall read as follows: "Chapter 4 .20 SYSTEMS DEVELOPMENT CHARGES Sections: 4.2,0. 010 Definitions 4.20. 020 Purpose 4.20. 030 Scope 4 .20.040 Systems Development Charge Established 4 .20.050 Methodology 4.20. 060 Compliance with State Law 4.20. 070 Collection of Charge 4.,20:... 080 ^�E. <oxo;emptio.:n,zs W W0, .m a:. �x s .o.., ,.: axab7 Vin,xatxn 4 .20.090 Credits 4.20. 100 Appeal Procedures 4.20. 110 Prohibited Connection :.v.. t2 >(G "nn"vnR1iiYiF:V 4MlSIiY ! 4 . 20.010 Definitions. The following words and phrases, as used in Chapter 4.20 of the Ashland Municipal Code, have the following definitions and meanings: Revised May 13, 1991 1 A. Capital Improvement(s) . Public facilities or assets used for any of the following: 1. Water supply,. treatment and distribution; 2. Sanitary sewers, including collection, transmission and treatment; 3 . Storm sewers, including drainage and flood control; 4. Transportation, including but not limited to streets, sidewalks, bike lanes and paths, street lights, traffic signs and signals, street trees, public transportation, vehicle parking, and bridges; or 5. Parks and recreation, including.but not limited to mini- neighborhood parks, neighborhood parks, community parks, public open space and trail systems, buildings, courts, fields and other like facilities. B. Development. As used in Sections 4.20.020 through 4.20.090 means eendueting ict3ng (sr en arg r g a building or minin egeratlee adc ii i t or making a physical change in the use er appearanee of a structure. or land, which increases the usage of any capital improvements or which will contribute to the need for additional �sap&ta4--or enlarged iments. C. Public Improvement Charge. A fee for costs associated with capital improvements to be constructed after the effective date of this ordinance. This term shall have the same meaning as the term "improvement fee" as used in ORS 223.297 through 223.314. 35-t- 2. identified in the plan-ad ll-te pursuant to Subseetien 4.20. 060BI L ubj aet e f the development e ..l �qu��ed�as saa�1's�a#�i3itan�o��`dsyelcpmen��appbayai,�and,�is �.derat`if3.� �.���x���s�an�as��sped puxsuant��o Sr1bG��t7n 2»z�;,r�saa' F However# itse7t �s 30 iriciude a�eprx�veiaents sized Sarastablashec3 to Mee E. Reimbursement Fee. A fee for costs associated with capital improvements constructed or under construction on the date the fee is adopted pursuant to Section 4.20.040. F. Systems Development Charge. A reimbursement fee, a public improvement charge or a combination thereof assessed or collected at any of the times specified in Section 4.20.070. It shall not include connection or hook-up fees for sanitary sewers, storm -i" uch fees are designed b the City drains or water linesr� �tk �5 9 Y Y only to reimburse the City for aetual_ __ average §. costs for Revised May 15, 1991 2 such connections. Nor shall the SDC include costs for capital improvements which by City policy and State statute are paid for by assessments or fees in lieu of assessments for projects of special benefit to a property. 4.20. 020 Purpose. The purpose of the systems development charge (SDC) is to impose an equitable share of the public costs of capital improvements upon those developments that create the need for or increase the demands on capital improvements. 4.20.030 Scope. The systems development charge imposed by Chapter 4.20 is separate from and in addition to any applicable tax, assessment, charge, fee in lieu of assessment, or fee otherwise provided by law or imposed as a condition of development. A systems development charge is to be considered in the nature of a charge for service rendered or facilities made available, or a charge for future services to be rendered on facilities to be made available in the future. 4.20. 040 Systems Development Charge Established. A. Unless otherwise exempted by the provisions of this Chapter or other local or state law, a systems development charge is hereby imposed upon all nett development within the City; and all new development outside the boundary of the city that connects to or otherwise uses the sanitary sewer system, storm drainage system or water system of the City. The City Administrator is authorized to make interpretations of this Section, subject to appeal to the City Council. B. Systems development charges for each type of capital improvement may be created through application of the methodologies described in Section 4.20.050 of this code. The amounts of each system development charge shall be adopted initially by Council resolution ' " " Changes in the amounts shall also be adopted by resolution t !` °8: ":1 `', except changes resulting solely from inflationary cost impacts. Inflationary cost impacts shall be measured and calculated each January by the City Administrator and charged accordingly. Such calculations will be based upon changes in the Engineering News Record Construction Index (ENR Index) for Seattle, Washington. 4.20.050 Methodology. A. The methodology used to establish a reimbursement fee shall consider the cost of then-existing facilities, prior contributions by then-existing users, the value of unused capacity, rate-making principles employed to finance publicly-owned capital improvements, and other relevant factors. The methodology shall promote the objective that future systems users shall contribute an equitable share of the cost of then- existing facilities. Revised May 13, 1991 3 , B. The methodology used to establish the public improvement charge shall consider the cost of projected capital improvements needed to increase the capacity of the systems to which the fee is related and shall provide for a credit against the public improvement charge for the construction of any qualified public improvement. C. The methodology �J�� also provide for a credit as gY � 1� �< P authorized in Subsection . 4.20.090. D. Except when authorized in the methodology adopted under Subsection 4.20.050A, the fees required by this Code which are assessed or collected as part of a local improvement district or a charge in lieu of a local improvement district assessment, or the cost of complying with requirements or conditions imposed by a land use decision are separate from and in addition to the systems development charge and shall not be used as a credit against such charge. E. The methodologies used to establish the systems development charge shall be adopted by resolution of the Council > OKOW g vtiv. The specific systems development charge may be adopted and amended concurrent with the establishment or revision of the systems development charge methodology. The City Administrator shall review the methodologies established under this section perled-ieai� a p ! v: ?a' °and shall recommend amendments, if and as needed, to the Council for its action. F. The formulas and calculations used to compute specific systems development charges are based upon averages and typical conditions. whenever the impact of individual developments present special or unique situations such that the calculated fee is grossly disproportionate to the actual impact of the development, alternative fee calculations may be approved or required by the City Administrator under administrative procedures prescribed by the City Council. All data submitted to support alternate calculations under this provision shall be site specific. Major or unique developments may require special analyses to determine alternatives to the standard methodology. n rc`�I„'�eriwtii$ c'Frt°•AMY`�'e�acQmt��xl�dat�:�ftSJXakW°Lbt3e�m .C��°°>srAiim�z��stx�tcT�'y� 24h.. .:::��. ...,_^.�:h..'.::.. :..:.w^2:::.:.:........:.::::.J.>;b:naa'.:>':<Jw»»;:ro.<J::.>'::.: ...n..::;i•':'....:.::.::..:.....:',:...e..:...::.....a..a.;:L... . na ,>,J.. , .nkyC'Y;:h::: ..J...v.nl:.rik:J>:'ii�`>y.:o2:o:�.y..p�".>k >kC<:< ':: :.q.J.> :i:::.::.: 'JORC f44i .:;4:3i:Jn.• C1;E�G7 :Sf33I`s Revised May 13, 1991 4 4.20. 060 Compliance with State Law. A. The revenues received from the. systems development charges shall be budgeted and expended as provided by state law. Such revenues and expenditures shall be accounted for as required by state law. Their reporting shall be included in the City's Comprehensive Annual Financial Report required by ORS Chapter 294. B. The capital improvement plan required by state law as the basis for expending the public improvement charge component of systems development charge revenues shall be the Ashland Capital Improvements Plan (CIP) , and the CIP of any other governmental entity with which the City has a cooperative agreement for the financing of commonly-used public improvements by the collection of systems development charges, provided the plan is based on methodologies conforming with State Law and is consistent with the City's CIP and the City's Comprehensive Plan. 4. 20.070 Collection of Charge. A. The systems development charge is payable upon, and as a condition of, issuance of: 1. A building prslz &permittarevsnhm did 2. A development permit fore development not requiring the issuance of a building permit; or 3. A permit Ito connect to the water, sanitary sewer or storm drainage systems. B. If development is commenced or connection is made to the water system, sanitary sewer system or storm sewer system without an appropriate permit, the systems development charge is immediately payable upon the earliest date that a permit was required, and it will be unlawful for anyone to continue with the construction or use constituting a development until the charge has been paid or payment secured to the satisfaction of the City Administrator. • C. Any and all persons causing, eenstrueting, eendueting-, n% development or making application for the needed permit, or.otherwise responsible for the development, are jointly and severally obligated to pay the charge, and the City Administrator may collect the said charge from any of them. The City Administrator or his/her designee shall not issue any permit or allow connections described in Subsection 4.20.070A until the charge has been paid in full or until an adequate secured arrangement for its payment has been made, within the limits prescribed by resolution of the City Council. D. A systems development charge shall be paid in cash when due, or in lieu thereof, the City Administrator may accept the delivery of a written agreement to pay if the written agreement is secured by collateral satisfactory to the City Administrator or his/her designee. The collateral may consist of mortgage or Revised May 13 , 1991 5 trust deeds of real property, or an agreement secured by surety bond issued by a corporation licensed by a State law to give such undertakings, or by cash deposit, letter of credit, or other like security acceptable to the City Administrator. E. The A person paying Y y.;d�3p�y Ek37 ply.,,»the systems development charge in installments to the extent provided y, ta �i#�k�txe3'iaethtadnlagy��d3,roc,�<°�ti+&�4s�st�#�d%�sa�Lr+a r..harges she3.� n�z �tS���ed ,t3►s`�laouss�,.prm�Grika�t�.<13ym;tb� ���nlutissn..,�dogt�.hg sth ;,u�};hc�c3alrsgy;? 4 . 20.080 Exemptions. The fellewing are exempt from the systems the systems develepment eharge attributable te the sanitary sewer system, water system and the sterm sewer system, develepment whieh existed on the effeetive date o f this Beetlen or fer whieh a I01; I F3 i nff P-emit was issued befere that date. . >tiLG131C3�: :n26 d�� L�y1�`�rii ��� �.� pii �� s�1$ms«�1ys�keau� f�EVE3�.QpT!�Q21� +Ca7taX��S zmpad�d 321 ,Be�t2<sn 4.2L#.04(# a�a�E'2s�,„ataz�ed: ara aS fcslinas. 3� ' c' �li.E�t�121yk`rd@Ye�.xL1.j3�GTl L�i�'3�"a,•��IYii`�lg 5 a $ eYB, CSpA1H#i� � /�•- ��1arg�r fteT r, �rid �h��epppQar�ians�Yyc�fy<ti�y�����'s`���yxia� "'��i�ey�elmy�rme�rt ��yhya�1r*yge€��.y y �ir�'f�1° n^I\ ���;'�a.i.��r.�*< � 4��.'Vk �L�:��Ir���ir R6'g�YSiYk �MM -0 � 'M}•4V4F:1� pN��� M RiiYMI�� V :1 be„ �pplzsd„�tt.,_t,�1��system;„d�st�;lapmeis� ctharg�s wed �e7��lande� 1�",,/� �'1� B. An alteratien, additien, replaeement er ehange in use that- dees /►/ \ e f ^ .. d4l imprevementar E: � H Housing for low-income or elderly persons which is xc exempt from real property taxes under state law. de lousing under the CaLyrs�facxsta2lxnusiag lazas, ssall rbet .ez�`�t�°ud���. '�hg �ra�s�+ax`��t�<i ��ts�p� to Ott �n+aligib�e buy+��` �dilzis.r 5�azd dystem�i de�telxl�s>a�ri£�ch�ges, sha3:�. £securec�xby5£a dewssryt4ha����.�.iyr�a��yS)�'Fp(���r€seyyn���pe�8/1��7rs�lyuya.�`ayvAycjcrcjt+je�� 3nt�rest `and ANA nom.�#M' �Mi1`4QR F, Y 6 NIA# µ R.�iiLJr#rTy R 4 .20.090 Credits. n in this seetien and in the 4.29. 919, whieh abuts the development pareel. Revised May 13, 1991 6 $-M When development occurs that gives rise to a system development charge under Section 4.20. 040 of this Chapter, the system development charge for the existing use shall be calculated and if it is less than the system development charge for the proposed use, the difference between the system development charge for the existing use and the system development charge for the proposed use shall be the system development charge required under Section 4.20.040. If the change is use results in the systems development charge for the proposed use being less than the system development charge for the existing use, no system development charge shall be required; however, no refund or credit shall be given. E ' The limitations on the use of credits contained in this Subsection shall not apply when credits are otherwise given under Section 4.20. 090. A credit shall be given for the cost of a qualified public improvement associated with a development. If a qualified public improvement is located partially on and partially off the parcel of land that is the subject of the approval, the credit shall be given only for the cost of the portion of the improvement _ -____, sua E7Eable whorl _ ° c%tieeve n me£s . t___ t_____ __ land ....,.s. .,.: : The credit provided for by this Subsection shall be only for the public improvement charge charged for the type of improvement being constructed and shall not exceed the public improvement charge even if the cost of the capital improvement exceeds the applicable public improvement charge. C. Applying the methodology adopted by resolution, the City Administrator may Via _; rant a credit against the public improvement charge, the reimbursement fee, or both, for a capital improvement constructed as part of the development that reduces the development's demand upon existing capital improvements or the need for future capital improvements or that would otherwise � ed have to be _uet� `,d±�slaaat City expense under then- existing Council policies. J ad ii nS.ESo�esT a ed park "a iz; e e ev o� em n grat�;t�d;�s�, g .� "`°As�ma30YSt`r`�ts#� upoh xe�s�mmendat��i�zYtl� �he�;�art $Ytt'� :li+pY^i�EtAl' �•�.GT3'a��.'�� .'�.i'7l3��Q�8�;ti�Ida QX�,pF�X'IF.��;t'#�tr�Cl�'�tk+P.l3�. i#,�"�k�±�,.,wG`��+, icient�i'�.�3 �. �a �,ti' �s3;ta1�`Z18px''Clift�41e�7nt'i�l 'tt 5re�grreslp�vd� i B. . In situations where the amount of credit exceeds the amount of the system development charge, the excess credit is not Revised May 13, 1991 7 transferable to another development. It may be transferred to another phase of the original development. F-79 Credit shall not be transferable from one type of capital improvement to another. 4 20 100 Appeal Procedures. A. As used in this Section "working day" means a day when the general offices of the City are open to transact business with the public. B. A person aggrieved by a decision required or permitted to be made by the City Administrator or his/her designee under Section 4.20.010 through 4.20.090 or a person challenging the propriety of an expenditure of systems development charge revenues may appeal the decision or expenditure by filing a written request .with the City Recorder for .consideration by the City Council. Such appeal shall describe with particularity the decision or the expenditure from which the person appeals and shall comply with Subsection D. of this Section. C. An appeal of an expenditure must be filed within two years of the date of alleged improper expenditure. Appeals of any other decision must be filed within 10 working days of the date of the decision. D. The appeal shall state: 1. The name and address of the appellant; 2 . The nature of the determination being appealed; 3. The reason the determination is incorrect; and 4 . What the correct determination should be. An appellant who fails to file such a statement within the time permitted waives his/her objections, and his/her appeal shall be dismissed. E. Unless the appellant and the City agree to a longer period, an appeal shall be heard within 30 days of the receipt of the written appeal. At least 10 working days prior to the hearing, the City shall mail notice of the time and location thereof to the appellant. F. The City Council shall hear and determine the appeal on the basis of the appellant's written statement and any additional evidence he/she deems appropriate. At the hearing, the appellant may present testimony and oral argument personally or by counsel. The City may present written or oral testimony at this same hearing. The rules of evidence as used by courts of law do not apply. Revised May 13 , 1991 8 G. The appellant shall carry the burden of proving that the determination being appealed is incorrect and what the correct determination should be. H. The City Council shall render its decision within 15 days - , after the hearing date and the decision of the Council shall be final. The decision shall be in writing but written findings shall not be made or required unless the Council in its discretion, elects, to make findings for precedential purposes. Any legal action contesting the Council 's decision on the appeal shall be filed .within 60 .days of the Council 's decision. 4. 20. 110 Prohibited Connection. After the effective date of this chapter, no person may connect any premises for service, or cause the same to be connected, to any sanitary sewer, water system, or storm sewer system of the City unless the appropriate systems development charge has been paid or payment has been secured as provided in this chapter. „>.:..e,,..:. . MIN. w And s }r�rlcsCannCsoy��e{d tnxthelty orate ; Q .`3 �tay ?Nitiw 'S�.Mnk4F.L'{Xt{n t ctiapte� �+�7��ath �h thc� fee d�3� here�aader has not besn paad as , )seen ma�e ht i��sttb'�escst Cdkterminat�on o� serv�.ce Und�r._.the�Czty3' SECTION 2. This Ordinance shall become effective at the time prescribed by charter or as soon thereafter as the resolutions adopting methodologies, plans and other required provisions have been adopted; and upon the effective date of this ordinance, and any funds collected pursuant to the previous systems development charges chapter shall be transferred to general capital improvements in the Capital Improvement Fund. «:.y.�:�:y:.{:..�.......�...yy:r..:'S::::s.'s':S,'<%'. ,..:...H y.�.:.::c;x:eo>::..,>/„�,:.:,.>('.':n::/:a�r.,�.:..:,;::l�^•:"':.oa.n:..ugn. {�1�y� :aM.,.,>: p>L:cf,:o a� q The foregoing ordinance was first read by title only in accordance with Article X, Section 2 (C) of the City Charter on the 21st day of May,1991, and duly PASSED and ADOPTED this 4th day of June, 1991. Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1991. Catherine M. Golden Mayor Revised May 13, 1991 9 April 12, 1991 04FG0l� •. u� Mayor and City Council ~ rum: Jill Turner, Director of Finance UQlPt Budget Transfers RECOMMENDATION: Staff recommends the passage of this resolution .transferring budget appropriations. DISCUSSION: This transfer of appropriation covers a wide variety of transfers. Each transfer is explained after the transfer is shown. ALTERNATIVES: None suggested. RESOLUTION NO. 91-_ A RESOLUTION TRANSFERRING AND INCREASING APPROPRIATIONS WITHIN 1990-91 BUDGET WHEREAS, due to the circumstances stated below, the Mayor and City Council of the City of Ashland hereby determine that it is necessary to transfer and increase appropriations as follows: GENERAL FUND FROM: General Fund Contingency S 11, 000 , TO: 1) Municipal Court -Legal 3,000 2) Senior Program-Salaries 4,000 3) Senior Program- Taxi 4 ,000 Total 11,000 1) This appropriation covers additional costs associated with indigent defense and temporary judges. 2) This appropriation covers additional personnel costs. 3) A goal of the new director, as well as an emphasis by our grantor, has been to offer more rides than originally budgeted. POLICE SERIAL LEVY FUND From: Contingency 3 , 000 To: Salaries and wages 3, 000 This appropriation covers additional cost for overtime. WATER FUND FROM: Water Fund Contingency 25,000 TO: Personnel Services-Salary 25, 000 To pay personnel costs of the Swing crew. The original budget was for 80 percent of the Water/Sewer crew time, in reality they spend more than 95% of their time in Water operations. SEWER FUND FROM: Sewer Fund Contingency 65,000 TO: Engineering $ 65,000 This appropriation covers additional engineering- costs associated with the Sewage Treatment Plant, as approved earlier by the City Council. 1 AIRPORT FROM: Capital Outlay- Imp other than Build $ 10,000 TO: Materials and Services: Maintenance 10, 000 The Airport has experienced many unanticipated repairs and maintenance, including the following: Septic tank failure, replacement of fuel lines on both fuel pumps, additional landscape maintenance, new fuel line and nozzle to meet code, replacement of a fuel line retractor, and maintenance of hanger doors. ELECTRIC FUND Electric Division: FROM: Contingency 86,000 TO: 1) Transfer to Equipment Fund 36,000 2) Purchased Power 50. 000 86,000 1) This appropriation covers the Electric Department share of the Electric Department Line Truck. This was budgeted in the previous year, but delayed until this year to purchase. 2) This additional appropriation will cover the additional power costs due to the cold winter. CENTRAL SERVICES FUND FROM: Contingency 41,000 TO: Administration - Materials-Services 1) Legal 10,000 2) Travel and Training 4,250 3) Professional Services (Parks) 1.750 16, 000 Community Development- Capital outlay 4) Computer Network 25,000 1) This appropriation covers additional costs for defense attorneys and other legal council. 2) This appropriation covers additional travel and training costs incurred by the Mayor and City Council. 3) This appropriation covers the costs associated with the Parks and Recreation survey on Open Space. 4) This appropriation covers extra costs associated with the fiber optic computer line. 2 EQUIPMENT FUND FROM: Contingency $ 35,000 TO: 1) Gasoline/Diesel 15,000 2) Equip Parts 10, 000 3) Building Maintenance 10. 000 Total $ 35,000 1) This appropriation covers the additional price as well as consumption of fuel.. 2) This appropriation covers the unanticipated costs of parts 3) This appropriation covers the costs associated with cleaning up of the leaky used oil system. IT IS HEREBY RESOLVED by the Mayor and City Council that the above appropriations and transfers are approved. This Resolution was READ and DULY APPROVED at a regular meeting of the City Council of the City of Ashland on the day of May, 1991. Nan E. Franklin City Recorder SIGNED AND APPROVED this day of , 1991. Catherine M Golden Mayor 3