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(b) Prior to the imposition or amendment of the TSM fee, the city <br /> manager shall give notice of the proposed rate or fee as provided in <br /> subsection (3) of section 2.020 of this code and, in addition, to the news <br /> media. <br /> (c) The notice of proposed fee shall state the current and <br /> proposed charge, the results of the city manager's investigation, and the <br /> time, place and manner in which interested persons may present their <br /> views on the intended action. <br /> (d) No earlier than ten days after the first publication of notice of <br /> the proposed fee, the city manager shall conduct a public hearing on the <br /> proposed fee. The city manager shall give interested persons a <br /> reasonable opportunity to submit data or views in writing on the proposed <br /> charge. <br /> (e) The city manager, on the basis of his or her investigation <br /> and the comments of interested persons, shall approve, modify or disallow <br /> the proposed fee by order. The order shall contain written findings and <br /> conclusions based on the standards set forth below. The city manager <br /> shall mail copies of the order to all persons who have submitted written or <br /> oral comments on the charge or who have requested a copy of the order. <br /> The city manager shall also provide copies of the order to the mayor and <br /> city councilors. Unless reviewed by the council, the order is final on the <br /> eleventh day after it is signed by the city manager. <br /> (f) At the request of a majority of the members of the council <br /> made within ten days of the city manager's order, the order, or any part <br /> thereof, shall be reviewed by the council. The council may conduct a <br /> public hearing on the proposed fee or review the order solely on the basis <br /> of the administrative record before the city manager. After this review, the <br /> council shall approve, modify or disallow the proposed fee. <br /> (2) Ratemakinq standards. <br /> (a) The amount or rate of the TSM fee shall be based upon the <br /> estimated usage of the city's transportation system generated by the use <br /> of the premises. The charges for use of the city transportation system <br /> shall distinguish between residential and non-residential premises, and <br /> shall further distinguish between classes of customers, both residential <br /> and non-residential, according to estimated usage of the city's <br /> transportation system. Each class of customers shall be assigned an <br /> appropriate rate, based on average estimated use of the city's <br /> transportation system by customers in that class. The classes of <br /> customers shall include, at a minimum, the following classifications of <br /> residential and non-residential customers: <br /> 1. Residential classifications: <br /> A. Single family detached; duplex; triplex; <br /> B. Apartment; <br /> C. Residential condominium or townhouse; <br /> D. Mobile home park; <br /> E. Retirement community; <br /> F. Congregate care facility. <br /> <br />Ordinance - 3 <br /> <br /> <br />