Item B: Transportation System Maintenance Fee

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manager finds that: (a) Actual usage of transportation system generated by the use of the premises differs from estimated usage to an extent that actual usage corresponds to the usage in a different customer class; (b) An error has been made in identification of the use or uses of a premises that affects the customer class assigned to the premises; or (c) An error has been made in calculating the number of dwelling units, thousand gross square feet, or other units of measure of the premises. (d) An error has been made in adjusting an individual fee pursuant to subsection (2)(g) of section 7.765 of this code. (3) Any modification given under this section shall continue until the city manager determines the premises no longer qualifies for the modification given. If the city manager determines the premises no longer qualifies for the modification, written notice of that determination shall be given to the person responsible. The city managers determination may be appealed as provided in = section 2.021 of this code. A copy of the decision on appeal shall be mailed to the applicant, parties who have requested a copy, and, if a reduction or elimination is ordered, to the billing agency. 7.775 Charges - Collection and Payment. (1) The city manager shall certify the TSM fees to be collected. Collection shall be performed by the city manager or any person or entity with whom the city manager contracts to perform those duties. (2) The TSM fee shall be imposed on a monthly basis or as otherwise provided by rule. (3) The person responsible for each premises shall be responsible for paying the charges. (4) Each person responsible for a premises shall be notified at least once annually of the rate or the amount of the charge and the allocation of revenue expected from application of the charge. 7.780 Charges – Delinquencies and Cost of Collection. (1) The city manager or contracted person or entity collecting the charges shall enforce the collection of fees by any means of collection provided by the laws of the state and permitted by the charter and ordinances of the city. Any fee due which is not paid when due may be recovered in an action at law by the city. (2) In the event any suit or action is instituted to enforce this section, if the city is the prevailing party, the city shall be entitled to recover from the person sued reasonable attorneys = fees at trial or upon appeal of such suit or action, in addition to all other sums provided by law. 7.790 Administrative Regulations and Methodology. The city manager may adopt and amend such rules and methodologies as are necessary for the administration of the duties required by sections 7.750 through 7.790 of this code, as provided in section 2.019 of this code. Section 2. The City Recorder, at the request of, or with the concurrence of the City Ordinance - 5