Chapter 13.28


13.28.010    Purpose.

13.28.020    Establishment of transportation utility fee – Revisions.

13.28.030    Transportation utility fee – Dedicated.

13.28.040    City to maintain local streets – Exclusions.

13.28.050    Billing and collection for transportation utility fee.

13.28.060    Enforcement.

13.28.070    Administration – Review – Appeals.

13.28.080    Notice of decision.

13.28.090    Disposition of fees and charges.

13.28.100    Definitions.

13.28.110    Exemptions.

13.28.120    Discounts for low-income elderly, and non-drivers.

13.28.010 Purpose.

There is created a transportation utility for the purpose of providing funds for the maintenance and minor improvement of local streets and related facilities under the jurisdiction of the city of Phoenix. The council finds, determines and declares the necessity of providing operation, maintenance and minor improvement of the city’s streets and related facilities within the right-of-way as a comprehensive transportation utility. Operation, maintenance and minor improvement includes such activities as are necessary in order that streets and related facilities may be properly operated and maintained to safeguard the health, safety, and welfare of the city and its inhabitants and visitors. The following activities are to be funded by the transportation utility: costs of administering the transportation utility, patching, crack sealing, seal coating, pavement overlays including minor widening, repairing and installing sidewalks or curbcuts, street sweeping, repairing and installing curb and gutter, cleaning and installing storm drains, replacing and installing signs, striping, repairing and installing signals, illumination, rebasing or placing additional road base on local streets, street trees, miscellaneous repairs, and related operations of the public works department on city streets and intersections with city streets.

The council further finds that bicycle and pedestrian facilities, including access for the disabled or handicapped, are an integral part of the transportation network. A portion of transportation utility funds may be used for maintenance of bicycle and pedestrian facilities whether within public streets or off of street right-of-way on other publicly-owned land or easements, provided the facilities are accepted by the city for maintenance.

(Ord. 746 § 1, 1994)

13.28.020 Establishment of transportation utility fee – Revisions.

A.    The city council hereby establishes, and may by ordinance amend, a transportation utility fee to be paid by the responsible party (whether owners or occupants) for each improved premises generating traffic in the city. The amount of the monthly transportation utility fee shall be set by this formula: monthly fee = number of units x chargeable daily trip-ends x $0.15. Chargeable daily trip ends shall be determined according to the schedule set forth in Exhibit A, of the ordinance codified in this chapter. This fee is deemed reasonable and is necessary to pay for the operation and maintenance of streets within the city. The transportation utility fee shall not be charged during any period when the premises is not receiving city water and sewer service, or is shown to be vacant and not generating traffic.

B.    The city council may, from time to time, by resolution, change the transportation utility fee based upon revised estimates of the costs of maintaining streets city streets, revised priorities for local improvements that would reduce long-term maintenance costs, revised categories of use, revised trip generation or trip length factors or other relevant factors.

C.    The $0.15 rate in the formula adopted in the ordinance codified by this chapter shall be increased to account for inflation annually on September 1st, based on the Consumers Price Index -- All Urban Consumer Portland Index (CPI-U) December to December, provided that no other increases were implemented within the prior twelve months. The city recorder will provide the city council with a review of the rate and fee amounts annually.

D.    The transportation utility fee imposed by the city of Phoenix is classified as not subject to the limits of Section 11b of Article XI of the Oregon Constitution.

(Ord. 746 § 2, 1994)

13.28.030 Transportation utility fee – Dedicated.

A.    All transportation utility fees collected by the city shall be paid into the street fund. Such revenues shall be used for the purposes described in Section 13.28.010. Transportation utility funds may be used to provide that portion of a capacity-increasing street improvement project within existing right-of-way that represents the cost of a pavement overlay as well as portions of the project for which system development charges have not been collected. It shall not be necessary that the expenditures from the fund specifically relate to any particular use from which the transportation utility fees were collected.

B.    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 reimbursement to such fund as additional fees are thereafter collected. Transportation utility fees shall not be imposed in amounts greater than that which is necessary, in the judgment of the city council, to provide sufficient funds to properly maintain and improve streets and related transportation facilities.

(Ord. 746 § 3, 1994)

13.28.040 City to maintain local streets – Exclusions.

The city shall maintain all accepted local streets within city-owned land, city rights-of-way, and city easements. The city may maintain other accepted local streets, bicycle and pedestrian facilities, and intersections with county roads or state highways within or adjacent to the city. Local streets to be maintained exclude private streets and streets or any other facilities not yet accepted by the city for maintenance.

(Ord. 746 § 4, 1994)

13.28.050 Billing and collection for transportation utility fee.

A.    The responsible party for any improved premises within the city of Phoenix shall pay a transportation utility fee according to rates set forth in this code. Unless another responsible party has agreed in writing to pay and a copy of the writing is filed with the city, the person(s) paying the city’s sewer bill shall pay the transportation utility fees. In the event the premises does not receive city sewer service then the person(s) paying the city’s water bill shall pay the transportation utility fees. If there is neither city water nor city sewer service to the improved premises, the transportation utility fees shall be paid by the person(s) having the right to occupy the premises.

B.    Transportation utility bills shall be rendered monthly by the city recorder and shall become due and payable in accordance with the rules and regulations pertaining to the collection of utility fees. If there is neither city water nor city sewer service to the improved premises, an annual bill shall be rendered and shall become due and payable within ninety days of issuance. Monthly transportation utility fees for new development shall commence upon completion, occupancy, or use of the improvements, whichever comes first. The city recorder may use the date of connection to the water system or sewer system to commence the transportation utility unless other evidence of the date of completion, occupancy or use is provided to the city recorder in writing. Areas annexed to the city of Phoenix or under contract to annex shall become subject to the transportation utility fee on the date of annexation or the date of the annexation contract, whichever comes first.

C.    The city recorder shall deposit all such fees so collected into the street fund to be separately kept and used for the purposes provided herein. Partial payments on utility bills shall be allocated on a pro rata basis to the balances due on the various charges on the bill. The customer shall not be allowed to specify a different allocation.

(Ord. 746 § 5, 1994)

13.28.060 Enforcement.

Any charge due hereunder which is not paid when due may be recovered from the responsible party 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 said charges promptly when due shall subject such user to discontinuance of any utility services provided by the city. The city recorder is 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, and enforcement of the provisions of this chapter.

(Ord. 746 § 6, 1994)

13.28.070 Administration – Review – Appeals.

A.    The city recorder shall be responsible for administration of this chapter in regards to utility billings, accounting for revenues collected, and general administrative tasks. The public works director shall be responsible for determining fee amounts in accordance with usage, developing street maintenance and improvement programs, performing traffic counts, and establishing standards for the operation and maintenance of streets and related facilities to the end that the transportation system shall be maintained and that the city’s investment therein kept available for the benefit of the public.

B.    Any responsible party of a nonresidential premises may request in writing a specific adjustment in the transportation utility fee for seasonal factors. The request shall provide a showing of evidence about seasonal patterns affecting the use. The petitioner shall have the burden of proof. An adjustment so that the high and low seasons do not differ by more than fifteen percent may be approved by the public works director. Greater variations than fifteen percent shall require approval by the city council.

C.    Any responsible party of nonresidential premises may request in writing that a traffic study acceptable to the city’s public works director be made at the party’s sole expense to show the usage level in chargeable trip-ends for the transportation utility fee. The traffic study shall be performed by a traffic engineer registered in the state of Oregon and approved by the public works director, and shall calculate chargeable trip ends adjusted for pass by trips and trip lengths. If the chargeable trip-ends are within five percent more or less of the level in Exhibit "A" [to the ordinance from which this chapter derives], no adjustment in the transportation utility fee shall be made because this is within the expected margins for day-to-day variations. A downward adjustment in the transportation utility fee shall be made by the public works director, if the traffic count results in chargeable trip-ends less than ninety-five percent of the level in Exhibit "A"; however, no adjustment will be made below the minimum paid by a single-family residence. An upward adjustment in the transportation utility fee shall be made by the public works director, if the traffic count results in chargeable trip-ends more than one hundred five percent of the level in Exhibit "A". Any adjustment shall take effect in the month following completion of the traffic count and be reported in writing to the city recorder and city council by the public works director. Results of traffic counts shall not be appealed to the city council. Traffic counts for a specific nonresidential premises shall not be allowed more than once in each calendar year.

D.    For any issues not addressed in subsection B or C of this section any responsible party who disputes the amount of the fee made against such party’s premises, or any party who disputes any determination made by or on behalf of the city pursuant to and by the authority of this ordinance may petition in writing for revision or modification of such fee or determination. Such petitions may be filed with the city recorder only once in connection with any specific fee or determination, except upon a showing of such changed circumstances. The petitioner shall have the burden of proof.

E.    Petitions filed pursuant to subsection D of this section shall be reviewed in a hearing before the city council. Within sixty days of the filing of a petition under this section, the city shall make findings of fact based on relevant information, shall make a determination based upon such findings, and if found appropriate, modify such fee or determination accordingly. Such determination by the city shall be considered a final order.

(Ord. 750 § 1, 2000; Ord. 746 § 7, 1994)

(Ord. No. 930, § 1, 9-7-2010)

13.28.080 Notice of decision.

Every decision or determination of the city recorder, public works director or city council shall be in writing, and notice thereof shall be mailed 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. 746 § 8, 1994)

13.28.090 Disposition of fees and charges.

The fees paid and collected pursuant to this ordinance shall not be used for general or other governmental proprietary purposes of the city, except to pay for the equitable share of the cost of operation, administration including administration of the transportation utility, maintenance, repair, improvement, renewal, replacement, and reconstruction of the street network and related facilities for which the city has maintenance responsibility.

(Ord. 746 § 9, 1994)

13.28.100 Definitions.

As used in this chapter:

"Responsible party" means the person or persons who by usage, occupancy or contractual arrangement are responsible to pay the utility bill for an improved premises.

"Improved premises" means structures, landscaping, paved areas, and any area which has been altered such that runoff from the site is greater than that which could have historically been expected.

"Trip-end" means a trip to or from an origin or destination. A trip-end is the standard unit of measure for trip generation and can be measured as one pass by a traffic counter. Two trip-ends are involved in a simple round trip. Round trips with multiple stops include "passby trips" at the destinations between the beginning and end of the trip.

"Chargeable daily trip-end" is a figure that represents adjustments of the Institute of Transportation Engineers trip generation rates to:

1.    Remove passby trips from various nonresidential uses; and

2.    Multiply trip generation rates by a trip length ratio to better estimate usage.

(Ord. 746 § 10, 1994)

13.28.110 Exemptions.

The city council may, by resolution, exempt any class of user when they determine that the public interest deems it necessary and that the contribution to street use by said class is insignificant.

(Ord. 746 § 11, 1994)

13.28.120 Discounts for low-income elderly, and non-drivers.

A.    Discounts applying to low income elderly persons for water, or sewer fees shall also apply to transportation utility fees.

B.    Responsible parties occupying single-family houses, multifamily dwelling units or mobile homes within the city may apply in writing for a discounted fee for households without a motor vehicle. Upon confirming the filing that no occupant of the household owns or is using a motor vehicle, the premises shall be charged the rate for senior housing which is considered comparable to the share of transportation utility expenses that relate to bicycles, pedestrians and delivery vehicles.

(Ord. 746 § 12, 1994)