Chapter 12.32 TRANSPORTATION UTILITY FEE

Chapter 12.32
TRANSPORTATION UTILITY FEE

Sections:

12.32.010 Declaration of purpose.

12.32.020 Establishment and adjustment of transportation utility fee.

12.32.030 Transportation utility fee – Dedicated.

12.32.040 City to maintain local streets – Exceptions.

12.32.050 Billing and collection of transportation utility fee.

12.32.060 Enforcement.

12.32.070 Administrative review – Appeals.

12.32.080 Notice of decision.

12.32.090 Commercial businesses – Temporary deviation from conformance.

12.32.010 Declaration of purpose.

There is hereby created a transportation utility for the purpose of providing funds for the maintenance of local streets under jurisdiction of the city of Eagle Point. The council hereby finds, determines and declares the necessity of providing maintenance and upkeep of the city’s local streets and related facilities with a comprehensive transportation utility with such maintenance to include, without limitation, the following activities: patching, crack sealing, seal coating, overlaying and other activities as are necessary in order that local streets and related facilities may be properly maintained and that the health, safety and welfare of the city and its inhabitants may be safeguarded. [Ord. 2009-06 § 1].

12.32.020 Establishment and adjustment of transportation utility fee.

The city council may establish or adjust, by ordinance adopted from time to time, a transportation utility fee to be paid by the responsible party for each developed property within the corporate limits of the city. Such fee shall be established in amounts which will provide sufficient funds to properly maintain local streets. Different categories of fees shall be established based on the trip generation of different uses of properties in the city, under their existing uses or zoning designations, and reflecting the traffic reasonably expected to be generated. The council hereby adopts a schedule of the fees:

Utility Rates by Land Use
			Monthly Residential Rate per ADT:				$0.732
			Monthly Nonresidential Rate per ADT:				$0.534
ITE Code	Customer Type	Land Use Description	Average Daily Trips	Pass-By Trip Factor	Adjusted ADTs	Units	Monthly Rate Per Unit
30	Truck Terminal	Truck terminals are facilities where goods are transferred between trucks, trucks and railroads or trucks and ports.	9.85	1	9.85	KSF	$5.26
110	General Light Industrial	Typically less than 500 employees, freestanding and single use. Examples: Printing plants, material testing laboratories, data processing equipment assembly, power stations.	6.97	1	6.97	KSF	$3.72
130	Industrial Park	Industrial park areas that contain a number of industrial and/or related facilities (mix of manufacturing, service, and warehouse).	6.96	1	6.96	KSF	$3.72
140	Manufacturing	Facilities that convert raw materials into finished products. Typically have related office, warehouse, research, and associated functions.	3.82	1	3.82	KSF	$2.04
151	Mini-Warehouse	Storage units or vaults rented for storage of goods. Units are physically separate and access through an overhead door or other common access point. Example: U-Store-It.	2.5	1	2.5	KSF	$1.34
210	SF Detached	Single-family detached housing.	9.57	1	9.57	DU	$7.00
220	Apartment	Rental dwelling units within the same building. At least 4 units in the same building. Examples: Quadplexes and all types of apartment buildings.	6.72	1	6.72	DU	$4.92
230	Condo/Townhouse	Residential condominium/townhouses under single-family ownership. Minimum of two single-family units in the same building structure.	5.86	1	5.86	DU	$4.29
240	Mobile Home	Trailers or manufactured homes that are sited on permanent foundations. Typically the parks have community facilities (laundry, recreation rooms, pools).	4.99	1	4.99	Occupied DU	$3.65
253	Elderly Housing	Restricted to senior citizens. Contains residential units similar to apartments or condos. Sometimes in self-contained villages. May also contain medical facilities, dining, and some limited, supporting retail.	2.15	1	2.15	Occupied DU	$1.57
310	Hotel	Lodging facility that may include restaurants, lounges, meeting rooms, and/or convention facilities. Can include a large motel with these facilities.	8.17	1	8.17	Room	$4.36
320	Motel	Sleeping accommodations and often a restaurant. Free on-site parking and little or no meeting space.	5.63	1	5.63	Room	$3.01
411	Local Park	City-owned parks, varying widely as to location, type, and number of facilities, including boating/swimming facilities, ball fields, and picnic facilities.	1.59	1	1.59	Acres	$0.85
417	Regional Park	Regional park authority-owned parks, varying widely as to location, type, and number of facilities, including trails, lakes, pools, ball fields, camp/picnic facilities, and general office space.	4.57	1	4.57	Acres	$2.44
430	Golf Course	Includes 9-, 18-, 27-, and 38-hole municipal and private country clubs. Some have driving ranges and clubhouses with pro shops, restaurants, and lounges. Many of the municipal courses do not include such facilities.	35.74	1	35.74	Holes	$19.08
435	Multi-purpose Recreation Facility	Multi-purpose recreational facilities contain two or more of the following land uses at one site: mini-golf, batting cages, video arcade, bumper boats, go-carts, and driving ranges.	90.38	1	90.38	Acres	$48.26
437	Bowling Alley	Recreational facilities with bowling lanes which may include a small lounge, restaurant or snack bar.	33.33	1	33.33	Lanes	$17.80
493	Athletic Club	Privately owned with weightlifting and other facilities often including swimming pools, hot tubs, saunas, racquetball, squash, and handball courts.	43	1	43	KSF	$22.96
495	Recreational Community Center	Recreational community centers are facilities similar to and including YMCAs, often including classes, day care, meeting rooms, swimming pools, tennis, racquetball, handball, weightlifting equipment, locker rooms, and food service.	22.88	1	22.88	KSF	$12.22
520	Elementary School	Public. Typically serves K-6 grades.	1.29	0.59	0.76	Student	$0.41
522	Middle School	Public. Serves students that completed elementary and have not yet entered high school.	1.62	0.59	0.96	Student	$0.51
530	High School	Public. Serves students that completed middle or junior high school.	1.71	0.59	1.01	Student	$0.54
540	Junior/Community College	Two-year junior colleges or community colleges.	1.2	1	1.2	Student	$0.64
560	Church	Contains worship area and may include meeting rooms, classrooms, dining area and facilities.	9.11	1	9.11	KSF	$4.86
565*	Day Care	Facility for preschool child care primarily during daytime hours. May include classrooms, offices, eating areas, and playgrounds.	79.26	0.33	26.16	KSF	$13.97
565*	Day Care		4.48	0.33	1.48	Student	$0.79
590	Library	Public or Private. Contains shelved books, reading rooms or areas, sometimes meeting rooms.	54	1	54	KSF	$24.84
591	Lodge/Fraternal Organization	Includes a club house with dining and drinking facilities, recreational and entertainment areas, and meeting rooms.	0.29	1	0.29	Members	$0.15
710	General Office	Office building with multiple tenants. Mixture of tenants can include professional services, bank and loan institutions, restaurants, snack bars, and service retail facilities.	11.01	1	11.01	KSF	$5.88
715	Single-Tenant Office Building	Single-tenant office building usually contains offices, meeting rooms, file storage areas, data processing, restaurant or cafeteria, and other service functions.	11.57	1	11.57	KSF	$6.17
720	Medical-Dental Office	Provides diagnosis and outpatient care on a routine basis. Typically operated by one or more private physicians or dentists.	36.13	1	36.13	KSF	$19.29
750	Office Park	Park or campus-like planned unit development that contains office buildings and support services such as banks and loan institutions, restaurants, and service stations.	11.42	1	11.42	KSF	$6.10
760	Research and Development Center	Single building or complex of buildings devoted to research and development. May contain offices and light fabrication facilities.	8.11	1	8.11	KSF	$4.33
770	Business Park	Group of flex-type or incubator 1- to 2-story buildings served by a common roadway system. Tenant space is flexible to accommodate a variety of uses. Rear of building usually served by a garage door. Typically includes a mix of offices, retail and wholesale.	12.76	1	12.76	KSF	$6.81
812	Building Materials and Lumber	Small, freestanding building that sells hardware, building materials, and lumber. May include yard storage and shed storage areas. The storage areas are not included in the GLA needed for trip generation estimates.	45.16	1	45.16	KSF	$24.11
813	Discount Super Store	A freestanding discount store that also contains a full-service grocery department under one roof.	49.21	0.718	35.31	KSF	$18.86
814	Specialty Retail	Small strip shopping centers containing a variety of retail shops that typically specialize in apparel, hard goods, services such as real estate, investment, dance studios, florists, and small restaurants.	44.32	1	44.32	KSF	$23.67
815	Discount Store	A freestanding discount store that offers a variety of customer services, centralized cashiering, and a wide range of products under one roof. Does not include a full-service grocery department like Land Use 813, freestanding discount super store.	56.02	0.475	26.62	KSF	$14.22
816	Hardware/Paint Store	Typically freestanding buildings with off-street parking that sell paints and hardware.	51.29	0.450	23.08	KSF	$12.32
817	Nursery/Garden Center	Freestanding building with yard containing planting or landscape stock. May have large greenhouses and offer landscape services. Typically have office, storage, and shipping facilities. GLA is building GLA, not yard and storage GLA.	36.08	1	36.08	KSF	$19.27
820	Shopping Center	Integrated group of commercial establishments that is planned, developed, owned, and managed as a unit. Provides enough on-site parking to serve its own parking demand. May include nonmerchandising facilities such as office buildings, movie theaters, restaurants, post offices, banks, health clubs, and recreational facilities.	42.94	0.393	16.86	KSF Leasable	$9.00
841	New Car Sales	New car dealership with sales, service, parts, and used vehicles.	33.34	1	33.34	KSF	$17.80
848	Tire Store	Primary business is tire sales and repair. Generally does not have a large storage or warehouse area.	24.87	1	24.87	KSF	$13.28
850	Supermarket	Freestanding grocery store. May also contain ATMs, photo centers, pharmacies, and video rental areas.	102.24	0.265	27.05	KSF	$14.44
851	Convenience Market	Sells convenience foods, newspapers, magazines, and often beer and wine. Does not have gas pumps.	737.99	0.282	208.4	KSF	$111.29
880	Pharmacy without Drive-Through	Facilities that fulfill medical prescriptions.	90.06	0.327	29.42	KSF	$15.71
881	Pharmacy with Drive-Through	Facilities that fulfill medical prescriptions.	88.16	0.383	33.79	KSF	$18.04
890	Furniture Store	Sells furniture, accessories, and often carpet/floor coverings.	5.06	0.157	0.79	KSF	$0.42
911*	Walk-In Bank	Usually a freestanding building with a parking lot. Does not have drive-up windows. May have ATMs.	156.48	0.270	42.25	KSF	$22.56
912	Drive-In Bank	Provides drive-up and walk-in bank services. May have ATMs.	246.49	0.270	66.55	KSF	$35.54
931	Quality Restaurant	High-quality eating establishment with slower turnover rates (more than one hour).	89.95	0.288	25.86	KSF	$13.80
932	High Turnover Sit-Down Restaurant	Sit-down eating establishment with turnover rates of less than one hour.	127.15	0.315	40.11	KSF	$21.42
933	Fast Food without Drive-Through	Fast food but no drive-through window.	716	0.265	190.08	KSF	$101.50
934	Fast Food with Drive-Through	Fast food with drive-through window.	496.12	0.265	131.71	KSF	$70.33
936*	Drinking Place	Contains a bar where alcoholic beverages and snacks are serviced and possibly some type of entertainment such as music, games, or pool tables.	113.4	0.315	35.77	KSF	$19.10
944	Gas Station	Sell gasoline and may also provide vehicle service and repair. Does not have convenience market and/or car wash.	168.56	0.235	39.61	Fueling Positions	$21.15
945	Gas/Service Station with Convenience Market	Selling gas and convenience market are the primary business. May also contain facilities for service and repair. Does not include car wash.	162.78	0.123	20.08	Fueling Positions	$10.72
946*	Gas/Service Station with Convenience Market, Car Wash	Selling gas, convenience market, and car wash are the primary business. May also contain facilities for service and repair.	152.84	0.382	58.34	Fueling Positions	$31.15
947	Self-Service Car Wash	Allows manual cleaning of vehicles by providing stalls for the driver to park and wash.	108	1	108	Wash Stalls	$57.67

NOTES:
Source: Institute of Transportation Engineers, Trip Generation, Seventh Edition. Pass-by trip factor reflects diverted linked trips in addition to pass-by trips. ITE codes identified with asterisks (*) include information derived from the ITE manual (e.g., ADT rate is 10 times peak-hour trips, pass-by factor is derived from pass-by counts for a similar land use or are as estimated by traffic engineers).
Land Use Units:
KSF = 1,000 gross square feet building area
DU = dwelling unit
Room = number of rooms for rent
Fueling Positions = maximum number of vehicles that can be served simultaneously
Student = number of full-time equivalent students enrolled

These fees may be adjusted, as necessary, based upon revised estimates of the cost of properly maintained streets, revised categories of developed use, revised traffic generation figures, or other factors. The schedule may not be an exhaustive list of all customer types and land use descriptions within the city. In such cases, staff is authorized to consult the ITE Manual (Institute of Transportation Engineers, Trip Generation, Seventh Edition) to determine the appropriate trip generation rate. [Ord. 2016-05 § 2; Ord. 2009-06 § 2].

12.32.030 Transportation utility fee – Dedicated.

All fees collected by the city and such other monies as might be available to the city for the purposes of this chapter shall be paid into the street fund (fund). Such revenues shall be used for the purposes of the operation, administration, and maintenance of the local street network of the city. It shall not be necessary that the operations, administration and maintenance expenditures from the fund specifically relate to any particular property from which the fees for the purposes were collected. To the extent that the fees collected are insufficient to properly maintain local streets, the cost of the same may be paid from such other city funds as may be determined by the city council, but the city council may order the reimbursement to such fund if additional fees are thereafter collected. All funds collected pursuant to the provisions of this chapter for operation, administration and maintenance shall be separately designated as such and shall be used solely for those purposes. [Ord. 2009-06 § 3].

12.32.040 City to maintain local streets – Exceptions.

Insofar as possible to do so with funds available, and in accordance with policies adopted by the city council, the city intends to maintain all streets and rights-of-way and shall not accept private streets, rights-of-way or easements for maintenance. [Ord. 2009-06 § 4].

12.32.050 Billing and collection of transportation utility fee.

Except as otherwise provided herein, the transportation utility fee shall be billed and collected with the monthly city utility bill. The party responsible for payment shall be the same as the party responsible for payment of other city utilities. All such bills shall be rendered monthly by the city (except to the extent the transportation utility fee in effect for the particular use is to be charged other than on a monthly basis) and shall become due and payable in accordance with the rules and regulations adopted by the city pertaining to the collection of utility fees, and the finance officer shall place all such fees so collected into the fund to be deposited and separately kept to be used only for the purposes provided herein. [Ord. 2009-06 § 5].

12.32.060 Enforcement.

Any charge due hereunder which is not paid when due may be recovered in an action at law by the city. In addition to any other remedies or penalties provided by this chapter or any other ordinance of the city, failure of any user of city utilities within the city to pay the charges promptly when due shall subject such to discontinuance of any utility services provided by the city and the city administrator is hereby empowered and directed to enforce this provision against such delinquent users. The employees of the city shall, at all reasonable times, have access to any premises served by the city for inspection, repair or the enforcement of the provisions of this chapter. [Ord. 2009-06 § 6].

12.32.070 Administrative review – Appeals.

A. Any responsible party may dispute the amount of any fee established, or any determination made by or on behalf of the city, pursuant to this chapter, by petitioning the city council for a hearing on a revision or modification of such fee or determination.

B. Such petitions must be in writing and filed with the city recorder within 30 days of the date of the utility bill containing the disputed charge or of the date of the challenged determination. The petitioner shall have the burden of proof.

C. A request for service charge adjustment may be granted or approved by the city administrator 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; or

4. The parcel is nonresidential and the city determines that actual counted trips generated by that parcel is the only reasonable and fair method to establish a trip generation rate; said method shall be at the cost of the city; and as a service offered by the city at the cost of the appealing party only as resources are reasonably available. The resulting trip generation totals shall be applied as average daily trips for the parcel counted and associated fees applied; or

5. If a nonresidential parcel is developed but is vacant, or a space within a multi-unit complex of nonresidential or mixed uses of residential and nonresidential is vacant, a trip generation rate of $3.00 per month shall be applied to the vacant nonresidential use until the parcel or nonresidential unit is occupied.

D. A hearing on any timely filed petition shall be scheduled before the city council at one of its regularly scheduled meetings as soon as is reasonably practicable, considering requirements for giving notice and matters previously set on the agenda. Within 45 days of the conclusion of the hearing, the city council shall make its determination and, if appropriate, modify the disputed fee or challenged determination accordingly. [Amended during 2013 codification; Ord. 2009-13 § 2; Ord. 2009-06 § 7].

12.32.080 Notice of decision.

Every decision or determination of the city council shall be in writing and notice thereof shall be mailed to or served upon the petitioner within a reasonable time from the date of such action. Service by certified mail, return receipt requested, shall be conclusive evidence of service for the purpose of this chapter. [Ord. 2009-06 § 8].

12.32.090 Commercial businesses – Temporary deviation from conformance.

Businesses that appeal the implementation of the new transportation utility fee as set forth in this chapter shall be granted a temporary deviation from the provisions of EPMC 13.04.120 to pay their billed utility fees with payments based on the previous transportation utility fee rates established prior to May 2009. Said deviation from full payment will allow businesses and city staff to review information and implementation measures applicable to the new billing rates. Final adjustments may be appealed to the city council within 30 days of final administrative decisions. [Res. 2009-32].