HomeMy WebLinkAboutResolution No. 4587
RESOLUTION NO. 4587
A RESOLUTION ESTABLISHING HAZARDOUS
SUBSTANCE USER FEES FOR 1999; AND REFERRING
THE ISSUE OF FEE STRUCTURE RESTRICTIONS IN
ST ATE LAW TO THE INTER-GOVERNMENTAL
RELATIONS COMMITTEE.
The City Council of the City of Eugene finds that:
A. Article VII of Amendment IV to the Eugene Charter of 1976, adopted by the
voters of the City on November 5, 1996, provides:
A. Each hazardous substance user shall pay an annual fee to the City of
Eugene, sufficient to jointly cover the implementation of this Act, including expenses
incurred by the Eugene Public Library, Fire Marshal, City of Eugene and the Toxics
Board.
B. In order that this Act be self-supporting through hazardous substance user
fees, the fee amounts shall be recommended annually by the Toxics Board and approved
and amended as necessary by the Eugene City Council.
C. All fees due under this Act shall be paid by May 1 of each calendar year.
D. The operational budget for implementing this Act prior to the first
collection of fees as set forth in Article VII shall be paid for out of City of Eugene general
funds. The operational budget thereafter shall be funded wholly by hazardous substance
user fees.
B. Consistent with Article VII - D of Charter Amendment IV, City General Fund
support was provided to the Toxics Right-to-Know Program from its inception through the
period ending June 30, 1998. Fees were first collected in 1998, making the program self-
supporting beginning with Fiscal Year 1999, commencing July 1, 1998. Fees collected in 1999
pursuant to this Resolution will support the program in Fiscal Year 2000, commencing July 1,
1999.
C. The fees hereinafter set forth can reasonably be expected to cover the expenses of
the program for Fiscal Year 2000. Issues surrounding a shortage or surplus of funds at the end of
the fiscal year will be addressed equitably for all participating hazardous substance users, in
accordance with generally accepted accounting procedures.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a
Municipal Corporation of the State of Oregon, as follows:
Resolution - 1
Section 1. The following fees are hereby established as the fees to be paid, on or before
May 1, 1999, by hazardous substance users within the City of Eugene, as defined by Amendment
IV to the Eugene Charter of 1976:
$500 per hazardous substance user; plus
an amount per employee of each hazardous substance user, as necessary to
generate the program's Fiscal Year 2000 operating requirements. The amount per
employee will be determined based on the following:
a. Fiscal Year 2000 program requirement. This is the Fiscal Year 2000
program budget less any surplus Fiscal Year 1999 program funds carried
forward as an offset to 1999 fees.
b. Number of reporting companies, multiplied by $500, with that product
then subtracted from the Fiscal Year 2000 program requirement.
c. The total number of employees of hazardous substance users. The net
program requirement calculated in paragraph (b) above will be divided by
the total number of employees. For each hazardous substance user,
number of employees will be determined by dividing the total number of
hours worked by regular employees in calendar year 1998 by 2,080.
Actual fee amounts will be calculated using the most current information
available as of April 2, 1999, this being the first date upon which the City will be
in receipt of all timely reports from hazardous substance users.
Based on the above, and on employee information generated in 1998, the per-
employee amount to be assessed pursuant to this Resolution is estimated to be
$13.50.
Section 2. The fees collected pursuant to this Resolution shall be used solely for the
purpose of operating the Toxics Right-to-Know Program created by Amendment IV to the
Eugene Charter of 1976 for the fiscal year beginning July 1, 1999, and ending June 30, 2000.
Section 3. The Council finds that ORS 453.402(6) may prevent the City of Eugene from
employing a toxics reporting fee structure that may be preferable to the structure provided in this
Resolution, and the Council hereby refers this matter to the Intergovernmental Relations
Committee with the recommendation that measures be taken as soon as is reasonably practicable
to seek to free the City of Eugene from such restrictions.
The foregoing Resolution adopted the 15th day of March, 1999.
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.tJ17 City Recorder
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