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HomeMy WebLinkAboutOrdinance No. 20273 ORDINANCE NO. 20273 AN ORDINANCE CONCERNING TRANSPORTATION SYSTEM MAINTENANCE FEES AND ADDING SECTIONS 7.750 THROUGH 7.795 TO THE EUGENE CODE, 1971. Section 1. Sections 7.750 through 7.795 of the Eugene Code, 1971, are added to provide as follows: T750 l'ransportation _S_vstem Maintenance Fee - Establishment; Pur!2ose. (1) Except as otherwise provided in sections 7.755 to 7.790 of this code, each person responsible, as defined in section 7.755 of this code, shall pay a Transportation System Maimenance (TSM) Fee to the city, in an arnount to be determined by sections 7.765 and 7.770 of this code. (2) The purpose of the Transportation System Maintenance Fee is to provide stable and adequate funding m: (a) Operate, maintain, preserve and improve elements of the city's transportation system; and (b) Reduce the backlog of needed street repairs as measured by the city's annual pavement condition survey. TSM fee revenue shall be used, to the greatest practical ex'tent, to preserve and maintain the existing street and bikeway system in the most cost effective mariner. 7.755 Definitions. For purposes of sections 7.750 to 7.795 of this code, unless the context requires otherwise, words and phrases shall have the meaning ascribed to them in this section. In interpreting the meaning of words in a definition, other definitions of that word in this code ma5, be considere& City manag_cx. The city manager of the City of Eugene, or the city manager's designee. Dwelling unit. A facility designed for permanent or semi-permanent occupancy by a single family and provided with minimum kitchen, sleeping and sanita~' facilities~ Non-residential use. Use of a premises for any use other than a dwelling unit or 'units. Person. An individual, trust, firm, joint stock company, joint venture, consortium, commercial entity, partnership, association, corporation, commission, state and any agency thereof, political subdivision of the state, interstate body or the federal government, including any agency thereof: Perso~n responsible. The water account customer if the charges are billed with the wa~er account billing, otherwise the person having possession or control of a premises~ Premises. A parcel or portion of a parcel of land within the limits of the City Ordinance- 1 REPEALED BY ORDINANCE NO, 20298 of Eugene, x~Ath structures or other improvements on it, or upon which construction or other activity occurs~ the use of which generates usage of the transportation sysrem~ Residential use. Use of a premises exclusively as a dwelling unk. T[ansportation system. All transportation-related components located on city- owned proper~y, city right-of-way, city easements, or which the city is contractually or legally obligated to operate and maintain, or for which the city has accepted responsibility under intergovernmental agreement, but ~hat are not routinely ~mded by assessments or work that would otherwise be eligible for the improvement fee component of transportation System Development Charges including: (a) Existing streets, alleys~ curbs and gutters, improvements and ~nstallations which are primarily for motor vehicle use. (b) Existing on-street and off-street and new' off~street sidewalks, paths~ improvements and installations, which are designated primarily fbr pedestrian use. (c) Existing on-street and off-street and new off-street paths improvements and installations, which are designated primarily ~br bicycle or other non-motor vehicle use. (d) Tra~tSc calming devices on existing local streets, sidewalk access ramps on existing local streets, street lighting fixtures on existing local streets, and the stocking and planting of street trees on existing local streets~ no~ to exceed 2 percent of the ~otal fee paid in any year. Usage of (he city's transportation system. A measure of consumption of transportation system services resulting from movement of vehicles, people and goods across the city's transportation system as determined by the city manager. Water account. An active account under which a premises receives water services. Water account customer. The person in Whose name a water service account exists and who is responsible for payment of the account~ T760 Transportation System Maintenance Fees ~ Revenue. (1) All TSM fees collected by the city shall be used only for the purposes described in subsection (2) of section 7.750 of this code and related administrative costs, but shall not be used for capacky-enhancing street ~mprovements. (2) The city manager shall make an annual report to the city council and budget committee of TSM fee revenues and the expenditure of the revenues during the preceding fiscal year. T765 Transportation System Maintenance Fee - Rates. (1) Ratemaking procedure~ (a) Be~bre proposing ro impose or amend the TSM f~e, the city manager shall conduct an investigation of the revenue needs of the city for the purposes listed in subsection (2) of section 7.750 of this code. Based on that investigation, and using the criteria set out below, the city manager shall develop the proposed TSM fee~ Ordinance - 2 (b) Prior to the imposition or amendment of the TSM fee, the city manager shall give notice of the proposed rate or fee as provided in subsection (3) of section 2.020 of this code and, in addition, to the news media. (c) l'he notice of proposed fee shall state the current and proposed charge, the results of the city manager's investigation, and the time, place and manner in which interested persons may present their views on the intended action. (d) No earlier than ten days after the first publication of notice of the proposed fbe, the city manager shall conduct a public hearing on the proposed fee. The city- manager shall give interested persons a reasonable opportunity to submit data or views in writing on the proposed charge. (e) The city manager, on the basis of his or her investigation and the commems of interested persons, shall approve, modify or disallow the proposed fee by order. The order shall contain written findings and conclusions based on the standards set forth below. The city manager shall mail copies of the order to all persons who have submitted written or oral comments on the charge or who have requested a copy of the order. The city manager shall also provide copies of the order to the mayor and city councilors. Unless reviewed by the council, the order is final on the eleventh day after it is signed by the city manager. (f) At the request of a mai ority of the rnembers of the council made 'within ten days of the city manager's order, the order, or any part thereof, shall be reviewed by the council. The council may conduct a public hearing on the proposed fbe or review the order solely on the basis of the administrative record before the city manager. After this review, the council shall approve, modify or disallow the proposed fee. (2) Ratemaking2tandards. (a) The amount or rate of the TSM fee shall be based upon the estimated usage of the city's transportation system generated by the use of the premises. The charges for use of the city transportation system shall distinguish between residential and non-residential premises, .and shall further distinguish between classes of customers, both residential and non-residential~ according to estimated usage of the city's transportation system. Each class of customers shall be assigned an appropriate rate~ based on average estimated use of the city's transportation system by customers in that class. The classes of customers shall incl'ude~ at a minimum, the following classifications of residential and non-residential customers: 1. Residential classifications: A. Single family detached; duplex; triplex; B. Apartment; C. Residential condominium or townhouse; D. Mobile home park; E. Retirement community; F. Congregate care facility. 2. Non-residential: A. Low transportation system usage; B. Medium transportation system usage; Ordinance - 3 C. Medium-High transportation system usage; D. High transportation system usage. (b) Estimated usage for each classification of customers shall be based primarily on the estimated number of daily trips generated per dwelling unit, thousand gross square fbet~ or other unit of measure appropriate to the classification~ using the sixth edition of the Institute of Transportation Engineers I'rip Generation Manual, or a later edkion of that manual or other comparable professional measurement of trip generation adopted by the city- manager by rule adopted pt~suant to sections T795 and 2.019 of this code. Estimated usage for each classification may also take into account additional data, including but not limited to pass-by trips~ modes of transportation, heavy -vehicle usage, transportation strategies that reduce or increase usage of the city's transportation system, targeted traillc studies and trip generation surveys. (c) In addition to the standards described in subsection (2) of this section, in developing or amending the rates, the city manager shall consider the ~bllowing: The amount charged for such service in the past; 2. The amounts charged or proposed to be charged by the City of Springfield and other providers for comparable purposes; 3. The revenue needed for the purposes listed in subsection (2) of section 7.750 of this code, taking into account all other revenue available for these proposes; 4. Other relevant adopted policies of the council; 5. The terms of any applicable intergovernmental agreement relating to the city's transportation system; and 6. Applicable federal or state regulations or conditions imposed as part of a federal or state grant or financial assistance agreement. (d) The city manager may provide, by rule, fbr a list of specific premise characteristics that the city manager has determined correlate with an ~ncrease or decrease in usage of the transportation system. The rule shall include the degree to which a fee will be adjusted for each specific premise characteristic. The list may include, but is not limited to, the number of licensed drivers at a residence, size of a residence, and trip-reduction strategies including Lane Transit District group pass program participation if such strategies are demonstrated to be effbctive. 7.770 _Charges - Ad'u~ems. (1) Any person responsible or the city manager may initiate a review of a charge to determine if there is a basis to modify the charge. The person responsible may apply to the city manager fbr a modification of the charge~ and~ if applicable, a credit fbr any excessive charges paid during all or part of the t2 months preceding the application. The application shall be on a form provided by the city and shall be accomparfied by the fee set by the city' manager under section 2.020 of this code. The city manager shall approve or deny the application using the procedures and criteria set forth in this section. A review initiated by the city manager shall not require an application or fee fi:om the person responsible. (2) The charge shall be modified~ and the appropriate credit given, if the city Ordinance -- 4 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 f~e pursuant to subsection (2)(d) of section 7.765 of this code. (3) Any modification given under this section shall cominue until the city manager determines the premises no longer qualifies for the modification givens If the ciD' manager determines the premises no longer qualifies for the modification, written notice of that determination shall be given to the person responsible. The city manager's 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 ChargesrC~ol..!e. ction and P ment. (1) The city manager shall certify the TSM fees to be collected. Collection shall be perform_ed 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 and, if an agreement with a utility providing water services so provides, may be included with water account billings ifa water account serves the premises, if no water account serves a premises, the charges shall be billed separately' to the person responsible. (3) The person responsible for each premises shall be responsible for paying the charges~ (4) Eachperson responsible for a premises shall be notified, in at least one ammal billing for the service, of the rate or the amo~mt of the charge and the allocation of revenue expected f~om application of the charge, T780 Char_g_es -Delinquencies. 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, except that in no event shall electric or water service be discontinued for non-payment of this fee. Fees shall be collected monthly and if not paid on or before 10 days from and after the date the same shall become payable, shall be deemed to be delinquent. Any fee due 'Which is not paid When due may be recovered in an action at law by the city. 7.785 C__harges ~ Penalty (or Nonpay¢~. (1) in the event a person responsible becomes delinquent in the pas, merit of TSM fees, there shall be added to the charges apenalty in the amount of 10 percent of the delinquency and the total amount due shall bear interest at the rate established in section 2~022 of this code l¥om the Ordinance - 5 date of the delinquency. (2) In the evem any suit or action is instituted to enfbrce this section, if the city is the prevailing party~ the city shall be entitled to recover fkom the person sued reasonable attorney's fees at trial or upon appeal of such suit or action, in addition to all other sums provided by law. 7.790 s - Cost fion. The person or entity collecting the TSM fbes may withhold from payments received a reasonable charge for actual costs of billing, collecting and remitting the fbes. The charge shall be established am~ually by agreement between the city manager and the person or entity and shall be based on actual costs. 7.795 Administratiye Regulations and Methodolo_gz. 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 Attorney, is authorized to administratively correct any reference errors contained herein or in other provisions of the Eugene Code, 1971. to the provisions added, amended or repealed herein, Section 3. The fees required by Section 7.750(1 ) shall cease 36 months after the fbe is first irr~posed. Passed by the City Council this Approved by the Mayor this day of December, 2002, day of December, 2002. Ci~ Recbrder Mayor Ordinance - 6