Chapter 11.20
TRANSPORTATION UTILITY FEES1
Sections:
11.20.010 Purpose.
11.20.020 Applicability.
11.20.030 Definitions.
11.20.040 Rate structure.
11.20.050 Unit rate established.
11.20.060 Service charge adjustments and appeals.
11.20.070 Transportation utility fee discounts for extreme hardship.
11.20.080 Use of funds.
11.20.090 Commencement of charges.
11.20.100 Delinquent charges.
11.20.010 Purpose.
It is the purpose of this chapter to provide for the recovery of the costs of maintaining and operating the city of Central Point transportation system. There is hereby created an account within the street fund known as the "transportation utility fee." All fees and charges imposed herein shall be placed in said account for the purpose of paying expenses related to the replacement, repair, maintenance, operation, or administration of the transportation system. (Ord. 1910 §1(part), 2008).
11.20.020 Applicability.
The requirements of this chapter shall apply to all parcels of real property in the city of Central Point, including publicly and privately owned property. (Ord. 1910 §1(part), 2008).
11.20.030 Definitions.
"City" means the city of Central Point, Oregon, or as indicated by the context may mean any official, officer, employee or agency representing the city in the discharge of his or her duties.
"City roads" means all roads, public and private, excluding state and county roads, in the city of Central Point.
"Developed parcel" means a parcel of real property which has been altered by development coverage.
"Gross square footage" shall mean the calculated area of all structures, located on a site, measured along the exterior walls of such structures, including but not limited to enclosed courtyards, stairwells, and square footage on each level of multi-story structures, but not including fences and parking areas which are not enclosed within a building.
"ITE Manual" means the Institute of Transportation Engineering Trip Generation Manual.
"Manager" shall mean the city administrator or his or her designee.
"Multifamily residence" shall mean a residential structure accommodating two or more dwelling units.
"Parcel" shall mean the smallest separately segregated unit or plot of land having an identified owner, boundaries, and surface area which constitutes a separate lot or tract capable of being conveyed without further subdivision.
"Residential land uses" shall mean ITE 200 series.
"Service charges" shall mean the amount owed after applying the appropriate rate to a particular parcel of real property based upon factors established by this chapter.
"Single-family residence" shall mean a residential structure accommodating one dwelling unit.
"Unit rate" means the dollar amount charged per adjusted average daily trip. There shall be a unit rate applied to residential land uses, identified as the residential unit rate, and a unit rate applied to all other land uses, identified as the commercial unit rate. (Ord. 1910 §1(part), 2008).
11.20.040 Rate structure.
A. Service charges for the transportation utility fee are hereby authorized and imposed, in amounts and on terms consistent with this chapter.
B. The rates and service charges shall be based on the service provided and the relative usage of the city transportation system for a given parcel. The estimated or measured trip generated will be used to determine the relative usage of the parcel. The rate shall be calculated by multiplying the unit rate by the assigned average daily trip estimate.
Average daily trip estimates shall be as follows:
1. Undeveloped Parcels. Undeveloped parcels shall not be charged.
2. City Roads. City roads shall not be charged.
3. All Other Developed Parcels. The monthly service charge for all other developed parcels, including publicly owned properties, shall be computed by multiplying the unit rate times the number of average daily trips applicable to the parcel, as delineated in Appendix A.2 For all customer classes not identified in Appendix A, Average Daily Trips, shall be applied as specified in the ITE Manual. (Ord. 1910 §1(part), 2008).
11.20.050 Unit rate established.
The residential unit rate, to be applied to residential land uses, is hereby established at $0.5203 per adjusted average daily trip. The nonresidential unit rate, to be applied to all other land uses, is hereby established at $0.2207 per adjusted average daily trip. Nonresidential unit rate per month shall be a minimum of ten dollars with a maximum of one hundred dollars. Unit rates may be revised by resolution of the city council from time to time.
Example Rate for a Single-Family Home:
Unit Rate x Average Daily Trips (ADT) = Monthly Charge
$0.5203 x 9.57 = $4.98
Example Rate for a 3,000-Square-Foot Office Building:
Unit Rate x Average Daily Trips (ADT) x gross sq. ft./1,000 = Monthly Charge
$0.2207 x 11.01 x 3 = $7.29
(Ord. 1910 §1(part), 2008).
11.20.060 Service charge adjustments and appeals.
A. Any person billed for service charges may file a "Request for Service Charge Adjustment" with the manager within thirty days of the date of the bill. However, submittal of such a request does not extend the period of payment for the charge.
B. A request for service charge adjustment may be granted or approved by the manager only when one or more of the following conditions exist:
1. The amount charged is in error; or
2. The parcel is nonresidential and the actual trips generated by that parcel, as established by a licensed surveyor or engineer at the expense of the owner, would result in a trip generation total that is greater than or less than the applied average daily trip estimate used in determining the charge; or
3. The parcel exists in its natural unimproved condition and will remain in its natural unimproved condition with no allowable human activities or manmade improvements that would generate trips to or from the parcel.
C. Service charge adjustments will only apply to the bill then due and payable and bills subsequently issued. The property owner shall have the burden of proving that the service charge adjustment should be granted.
D. Decisions on requests for service charge adjustment shall be made by the manager based on information submitted by the applicant and by the city within thirty days of the adjustment request, except when additional information is needed. The applicant shall be notified in writing of the manager’s decision.
E. Decisions of the manager on requests for service charge adjustments shall be final unless appealed to city council within thirty days of the date of the decision. (Ord. 1910 §1(part), 2008).
11.20.070 Transportation utility fee discounts for extreme hardship.
A. Pursuant to Chapter 13.16, the annual income for extreme hardship must fall below one hundred fifty percent of the published federal poverty level in order to qualify for this discount.
B. Any person desiring to receive the transportation utility fee discount must submit an application to the city on forms to be provided by the city. Subsequent to initial qualifications for utility discount, any person must reapply on or before June fifteenth of each year thereafter. The city administrator shall determine whether any applicant meets the qualifications and requirements for discount as set forth in this chapter.
C. The amount of transportation utility fee discount for eligible persons, provided under this chapter, shall be equal to the percentage water rate discount for extreme hardship, as established in Central Point Municipal Code Section 13.16.030.
D. It is unlawful for any person to make, assist in making or to derive the benefits from any false application for discounts provided under this chapter. In addition to other penalties provided by law, the city shall be entitled to recover from any person or persons receiving the benefit of discounts as a result of any false statement made in any application the amount therefor, including interest at the rate of nine percent per year from the date such discounts were granted. (Ord. 1910 §1(part), 2008).
11.20.080 Use of funds.
Service charges collected under this chapter shall be deposited into the city of Central Point transportation utility fee account to be used only for the purpose of paying all or any part of the cost and expense of maintaining and operating the transportation system, all or any part of the cost and expense of planning, designing, establishing, acquiring, developing, constructing, maintaining and improving the transportation system. (Ord. 1910 §1(part), 2008).
11.20.090 Commencement of charges.
For new construction, service charges will commence with the issuance of a building permit or installation of a water meter, whichever comes first. For existing structures, service charges will commence on the effective date of the ordinance codified in this chapter. (Ord. 1910 §1(part), 2008).
11.20.100 Delinquent charges.
Delinquent accounts shall be treated in the same manner as delinquent water service accounts under Section 13.04.120. (Ord. 1910 §1(part), 2008).
Section 6 of Ordinance 1910 provides:
"Section 6. Sunset Clause. The rates and charges identified in this resolution [ordinance] shall become effective on April 1, 2008 and shall remain effective for a period of three years (until February 28th, 2011). Any extension of the rates and charges must be granted by a City of Central Point City Council continuing resolution."
Appendix A is attached to Ordinance 1910 and may be found on file in the city recorder’s office.