HomeMy WebLinkAboutOrdinance 1910ORDINANCE NO.
An Ordinance Establishing a Transportation Utility Fee
Recitals
1. It is the intent of the Central Point City Council to create a transportation utility fee to
finance the planning, management, construction maintenance, use and where necessary, alter the
transportation system in the City of Central Point;
2. The City intends to create a funding mechanism to provide the resources necessary to
carry out the objectives set forth above;
3. The transportation Utility Fee, created in this ordinance is an equitable way to fund the
maintenance and operation of the City's transportation system; and
4. All Central Point citizens will be benefited by the creation and use of this fund.
Now Therefore;
THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, DO ORDAIN
AS FOLLOWS:
Section 1. A new Chapter, 11.20, is hereby added to Title 11 of the Central Point Municipal
Code, to read as follows:
Chapter 11.20 TRANSPORTATION UTILITY FEES
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 Adjustment 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 Ordinance 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 Fee".
All fees and charges imposed herein shall be placed in said account for the purpose of paying
1 Ordinance No. (D (02282008)
expenses related to the replacement, repair, maintenance, operation, or administration of the
Transportation System.
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.
11.20.030 Definitions.
Ci!y 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 Institute of Transportation Engineering Trip Generation Manual.
Manager shall mean the City Administrator or his or her designee.
Multi -Family 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 ordinance.
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.
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 Ordinance No. �D7 (02282008)
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. For all customer classes not identified in Appendix A,
Average Daily Trips shall be applied as specified in the ITE Manual.
11.20. 050 Unit Rate Established. The residential unit rate, to be applied to residential
land uses, is hereby established at $.5203 per adjusted average daily trip. The non-residential
unit rate, to be applied to all other land uses, is hereby established at $.2207 per adjusted average
daily trip. Non-residential unit rate per month shall be a minimum of ten -dollars with a
maximum of $100.00. Either or both of the residential and the commercial 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./ 1000 = Monthly Charge
$.2207 x 11.01 x 3 = $7.29
11.20.060 Service Charge Adiustments and Anneals. A. Any person billed for
service charges may file a "Request for Service Charge Adjustment' with the Manager within
thirty (30) 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 (30) days of the
3 Ordinance No. V010,Q (02282008)
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 (30) days of the date the decision.
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
150% (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
therefore, including interest at the rate of nine percent per year from the date such discounts were
granted.
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.
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 establishing this Chapter.
11.20.100 Delinquent Charges. Delinquent accounts shall be treated in the same
manner as delinquent water service accounts under CPMC 13.04.120.
Section 2. Review of Fund. City Staff shall update the Transportation Utility five year
financial rate model no less frequently than every three years. The City's Budget Committee shall
review the status of the Street Fund each year during the budget cycle and make
recommendations to the City Council as to whether the service charges should be increased,
decreased or left unchanged to meet the needs of the transportation system.
4 Ordinance No. \ (�, `l7 (02282008)
Section 3. Effective Date. This ordinance shall become effective April 1, 2008.
Section 4. Severability. If any provision of this ordinance or its application to any
person or circumstances is held to be unconstitutional or invalid for any reason, the remainder of
this ordinance or the application of the provisions to other persons or circumstances shall not be
affected.
Section 5. Classification of Charges. For purposes of ORS 310.145 (Classification of
Taxes and Fees for Purposes of Measure 5 Limits), the Transportation Utility Fee is hereby
classified as a fee or charge not subject to the limits of Section 1 l(b), Article XI, of the Oregon
Constitution.
. Section 6. Sunset Clause. The rates and charges identified in this resolution shall
become effective on April 1, 2008 and shall remain effective for a period of three years (until
February 28`h 2011). Any extension of the rates and charges must be granted by a City of
Central Point City Council continuing resolution.
Passed by the Council
2008.
ATTES
City Recorder t� /
Approved by me this day of
5 Ordinance No. k o�, tD
by me in authentication of its passage this a0ay of
Mavor Hank Williams
2008.
Mayor Hank Williams
(02282008)
APKNDhxA
City of Central Point
Transportation Utility Formation Study
Utility Rates by Lard Use
Residential lslonfty Bass IADT: 3 O.s1a
naah4wlardid Monts,Rab I ADT: 4 0.2MT
ME
Code
Customer Type
Land Use Description
Average
Dal Tri
Pau -By
Tri Feet.
AdjudW
ADTe
Unit
a par
Unft
30
Truck Terminal
Truck barricade are facilities where goods aro transferred between trucks, trucks and reit-ds Or trucks and pons.
9.85
1
9.85
KSF
$ 2.17
110
General Light Industrial
Typically leu than 500 employees, Ree standings and single use. Examples: Printing plants, material testing
JRmorA . cover stations.
6.97
1
6.97
KSF
$ 1.54
130
Industrial Perk
Perk groes met comaln
Industital a number of industrial and/or related facilities (mix of manufacturing, service,
6.96
1
6.96
KSF
$ 1.54
140
Manufacturing
Fecililies MM convert new materiae into finished products. Typically have related office, varehouu, research,
socleted functions.
3.82
1
3.82
KSF
S 0.84
151
210
Mini -Warehouse
1 SF Detached
Stange Units w Vauits rontea for storage o! goods. Units are phystwlly separate em dcaess through an
. ll-3to
Simla larmly detached housinq.8.57
2.5
1
1 1
2.5
9.57
KSF
DU
$ 0.55
$ 4.98
220
Apartment
Rental Dwelling Unite wfihin LM same building. At best 4 units in the ams building. Examples: Ouedpleses and
8.72
1
6.72
DU
3 3.50
230
Contlo?awnhase
Residential Condomintum/fovmhouam under single-family-ralup. Minimum of two single family units in the
same willing struchare
686
1
5.86
DU
$ 3.05
240
Mobile Home
Trailers or Manufactured homes that are sled on permanent foundations. Typically the pads have community
facilities (laundry. recreation morms. coast,Reshictetl
4.89
1
4.99
Occupied $
QU
2.60
287
Elderly Housing
to= cit¢en. Contains residential units similar tu epertmenls or cordes. Sometimes In self.
fah I ho ice faclf' i i a him s it
2.15
1
2.16
Ocou sea
1 S
DU
1.12
310
Hotel
Lodging facility that may include restaurants, lounges, meeting rooms, and/w convention faclifiea. Can Include a
bull al
8.17
1
8.17
Rowe
S 1.80
320
Motel
St"PI acoommodafions and often a restaurant. Free on-site parking and lit% or no ..manspace.
5.63
1
5.83
1 Room
S 1.24
411
Local Park
Citycwwed parks. varying widely es1' te loatlon, type, end number d fadlifies, includingincludingboating /swimming
WlftIw
finim. and
1.59
1
1.59
Acres
$ 0.35
417
Regional park
_
Regional park aumoriyaarod perks, varying wtdefy es to location, type, and number of facllrfies, including trace,
lakes. 00,16, bail fields, mmn I picnic facilities. and general office smon
4.57
1
4.57
Awes
$ 1.01
170
Goff Course
Includes B, 18, 27, add 35 hall municipal and private country dubs. Same have driving ranges and clubhouses
coh
restaurantsam shoo it
35.74
1
35.74
Holes
$ 7.89
435
Multipurpose Recreation Facility
Muf -purpou recreational fadecoMm
one site: ramiydf, ballingcam, video go-carts. and CINno ramaire.
90.38
1
90.38
Acres
$ 18.95
437
BaMmq Al
Reaeaaonal;dilliescord! lanes which may include a small lotange, restaurant or smack bar.
33.33
1
33.33
Lams
S 7.36
493
Athletic Club
Privately owed cam.Ightlffmg and other facilities often including swimming pools, hot tubs, mums, racquet
ll
43
1
43
KSF
$ 9.49
495
Racreatloml community canters aro /adlfms limier to and including YMCAs. often Including classes, day are.
Recreational CommunityComer meoln0 moms, m arming pooh, terms racquetball, handbag, weigh6mig equipmont locker rooms, & food
22.88
1
22.88
KSF
$ 5.05
520Elements
School
Public. Typically serves K-6 grades.
1.28
0.59
0.76
Student0.17
522
Middle School
Public. Sarva stutla is met cam Istad elements end have not entered high school.
1.82
0.69
0.98
Student
0.21
azo
High School
Public. Serves studenh mat cam midrib w Lnkx high school.
1.71
0.69
1.01
Student
0.71
540
Juakwocommun College
r junior cofleiss or common co
1.2
1
1.2
Student
S 0.26
580
Church
Coreina worsts area and ma include meati rooms clessrooms dint area and facllities.
9.11
1
9.11
KSF
2.01
565' Day Caro
Facility for pre-school children are primarily during daytime hour. May Include classrooms, offices, calling
areas and playgrounds.
79.28
4.48
0.33
0.33
28.18
1.46
KSF
Student
S 6.77
S 0.33
590
Library
Public or Private. Contain shelved books reading rooms or areas sometimes meeting roans.
54
1
54
KSF
s 11.92
591
Lodge/Fraternal Organization
Includes a dub house with dining and drinking faculties, recrest anal and entertainment areas, and meeting
0.29
1
0.29
Members S
0.08
710
715
Geseral Oflka
bin le Tamm Office Building
g g
Omce buckling with multiple tonants. Mixluro of teaaae an inNude professional !enviers, bank and Lan
institutiont re a I"
b
Single mann oR_ke build!". Usually contains offices, meeting rooms, fib storage areas, data promearng,
restauranto a "ons.
11.011
11.57
1
1
11.01
11.57
KSF
KSF
S 2.43
S 2.55
720
Medical -Dental Office
Provides diagnosis and outpatient are on a routine bash. Typically operated by am or more private physicians or
'dentists.
38.13
1
36.13
KSF
$ 7.97
750
Office Park
Pan or campus -like planned unit development that contains office buildings and support services such as banks
o u ce '
11.42
1
11.42
KSF
S 2.52
750
Research & Development Center
Single building w complex of buildings devoted to research & dwelopm kit. May contain offices and light
facilities.fabri ion
"
8.11
1
8.11
KSF
$ 1.79
770
Business Perk
Group of fl.r4ype w incubator 1 - 2 story buildings served by a common roadway system. Tenant apace h
flexible to accommodate a variety d uses. Rear of building usually served by a garege dew. Typically includes a
12.76
1
12.76
KSF
S 2.82
812
Building Materials & Lumber
Small, free standing buckling that Belts hardware, building materiels, and lumber. May include yam storage and
shed storage areas. The storage arms aro not included in the GLA needed fon trip generation estimates.
45.18
1
45.16
KSF
$ 9.97
813
Discount Super Store
A firee-standinn discount pwa that also contains a NII service grocery dept. under one roof.
49.21
0.718
36.31
KSF
7.79
814
Specialty Retail
Small strip shopping comers containing a variety of retail shops that ypiwfly specialin in apparel, had goods,
S40d stud' ra
44.32
1
44.32
KSF
$ 9.78
815
Discount Store
A fressfanding dieoaum store mat often a wnely of customer serviac, antralhea assuming, and a Mde range
of products under one roof Dols not include a full service grocery dept. like Lam Use 813, Frenab ending
58.02
0.475
26.02
KSF
$ 5.88
Big
Hadmro/Paint Store
T teal fr=Q buildings with oflstreal parking that sell paints and hedware.
51.28
0.450
23.08
KSF
S 5.09
817
Nursery/Garden Center
Freo-standing building with yard wntalning planting or landscape stock May have large green houses and offer
landscape sevion. Typically have ofiw, storage, and shipping facilities. GLA Is Building GLA, not yard and
36.08
1
38.08
KSF
S 7.96
820
Shopping Cent.
Imegrotea group of commercial establishments that is planned, developed, woad, and managed as a unit.
Provides enough on-site parking to serve as owe panldng demand. May Include non-handising facilities such
as oma buildings, movie theatres, restaurants, post offices, health clubs, and recreation like skating rinks and
42.94
0.393
18.88
KSF $
Losable
3.72
841
Naw Car Solea
Nev, Car dmlemhio with sales service ane and used vesicles
33.34
1
33.34
KSF
S 7.36
840
Tiro Store
Prime business is fire sales and repair. General does rid have a lar a sto a or warehouse arm.
24.87
1
24.87
KSF
$ 5.49
850
Supermarket
Free-standing store. May also contain ATMs oto cemero Mrmedes video rental areas.
102.24
0.285
27.05
KSF
5.87
851
Convenlena Market
Sells convenience foods news a ars ma aloes sad often Beer &Wine. Does slot haw as pumps,
737.99
0.282
208.4
KSF
S 48.00
890
Pharmacy w/o drive through
Facilities that fulfill medical Presort 'ons
90.08
1 0.327
28.42
KSF
$ 8.49
861
Pharmacy w/ drive through
Facilities that fulfill medial Prescriptions
88.18
0.383
33.79
KSF
S 7.48
BBO
Furniture Stone
Sells furniture accessories and often w coved z
5.06
0.157
0.79
KSF
0.17
911 • Welk -In Be It
Usually a Free-stndinq building with a parking lot. Does not have drive -u windows. May have ATMs.
79.8
0.270
21.55
KSF
$ 4.76
912
Drive -In Bank
Provides Dnve-up and walk-in bank mvices. May have ATMs.
101.08
0.270
27.29
KSF
S 6.02
931
Quality Restaurant
High quality wfing establishment with aloes. turnover rates more than om hour).
89.95
0.288
25.88
KSF
$ 5.71
932
1 H h Tumowr Sit -D.- Rest
Sit-Uown satin estebiishrrerd with turnover rates of less than one hour.
127.15
0.316
40.11
KSF
S 8.05
937
Fast Food w/o D -Th.
Fast Food but m drive4luo h window
716
0.285
190.08
KSF
41.96
974
1 Fast Food With Drive -Th.
Fast Food with dri-through window
498.12
0.265
131.71
KSF
3 29.07
938Drinking Place
Coatelna a bar where alcohdld beverages and snacks aro serviced and possibly some type of emanainment such
113.4
0.315
35.77
KSF
$ 7.90
94,4
Gas Station
Sell gasoline and may also provide vehicle service and repair. Does not have Convenience Market and/or Car
Wash
188.58
0.235
39.81
Fueling
s
$ 8.71
445
GaalServiw Stafion with
MQ*$
Selling gas and Convenience Market aro the primary business. May also contain facilities for service and repair.
I Dole not include Car Was
182 78
0.123
20.08
Fueling
Positions
1.I3
Ges/SOMw Station wild Sell!" gas, Convenience Market, and Car Wash are the primary business. May aha contain facilities far service
04e v Convenience Market, Car wash am repair.
152.84
0.382
58.34
Fuali
Political
S 12.88
947
Set.S. os Cel wash
almva manual cleaning of vehicles by fading stalls fon the driver to park and wash.
106
1
108
Wad h
$ 23.54
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 wile asterisks (•) Include information derived from the ITE manual (e.g., ADT rate is ten times pmk4mr hips, pass -by factor is derived from
pass -by counts for a similar land use or ere as estimated by traffic engineers).
Land Use Units:
KSF = 1,000 gross square feet building area
DU = dwelling unit
Room = number of rooms for rem
Fueling Positions = maximum number of vehicles that can be served simultaneously
Student = number of full-time equivalent students enrollee
FCB GRGUP
(425)1167.1802 71Y3/20a RE lad Use Table - Pape l