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HomeMy WebLinkAboutOrdinances 2126 ORDINANCE NO.2I2 LL' AN ORDINANCE AMENDING CENTRAL POINT MUNICIPAL CODE TITLE 3 ADDING CHAPTER 3.50 TO ENACT A DIESEL FUEL TAX OF 2 CENTS PER GALLON FOR STREET AND SIDEWALK IMPROVEMENTS,REPAIR AND MAINTENANCE WHEREAS, ORS 319.950 authorizes the City to enact or amend an ordinance taxing diesel fuel for motor vehicles after submitting the proposed tax to the electors of the local government for their approval; and WHEREAS, the City Council for the City of Central Point wishes to amend the Municipal Code to enact a motor vehicle diesel fuel tax of 2 cents per gallon for street improvements, repairs and maintenances. NOW THEREFORE,the City of Central Point ordains as follows: Section 1. Amends Title 3 of the Central Point Municipal Code to add Chapter 3.50 MOTOR VEHICLE DIESEL FUEL TAX. Section 2. 3.50.010 Purpose and Title. This ordinance is enacted to provide additional funds for the construction, reconstruction, improvement, repair, maintenance, operation and use of the public highways,roads, and streets in the city and those subject to city control. This ordinance shall be known as the"Motor Vehicle Diesel Fuel Tax Ordinance." Section 2. 3.50.020 Findings. The City Council of the City of Central Point finds: A. The public highways, roads, and streets in the city and those subject to city control are consistently in need of construction,reconstruction, improvement, repair, upkeep and maintenance, to promote ease of travel and commerce in and around the city; B. The city's current revenue sources do not produce adequate funding to fund said construction, reconstruction, improvement,repair, upkeep, and maintenance; C. The city wishes to enact a$.02 per gallon motor vehicle diesel fuel tax on all motor vehicle diesel fuel dealers to provide additional funds for said construction, reconstruction, improvement, repair,upkeep, and maintenance of the public highways, roads, and streets in the city and those subject to city control; D. The monies generated by this ordinance will be dedicated to the construction, reconstruction, improvement, repair, maintenance, operation, and use of public highways, roads, and streets in the city and those subject to city control as required by the Oregon Constitution. 1 Ordinance No. 2.)2 N:AG (Council Meeting 3 /Z?/2025) Section 3. 3.50.030 Definitions. As used in this ordinance, unless context requires otherwise, the following words and phrases mean: A. City. Means the City of Central Point and any person, agency, or other entity authorized by the city to act as its agent related to administration of the motor vehicle diesel fuel tax ordinance or collection of the motor vehicle diesel fuel tax ordinance. B. Dealer. Any person who: 1) Imports or causes to be imported motor vehicle diesel fuel for sale, use or distribution in the city; 2) Produces, refines, manufactures or compounds motor vehicle diesel fuel in the city for use, distribution or sale in the city; or 3) Acquires in the city for sale, use or distribution in the city motor vehicle diesel fuels with respect to which there has been no motor vehicle diesel fuel tax previously incurred. 4) "Dealer" does not include any person who imports into the city motor vehicle diesel fuel in quantities of 500 gallons or less purchased from a supplier who is licensed as a dealer hereunder if that dealer assumes liability for the payment of the applicable motor vehicle diesel fuel tax to the city. C. Distributor. In addition to its ordinary meaning, the deliverer of motor vehicle diesel fuel by a dealer to any service station or into any tank, storage facility, or series of tanks or storage facilities connected by pipelines, from which motor vehicle diesel fuel is withdrawn directly for sale or for delivery into the fuel tanks or motor vehicles whether or not the service station, tank, or storage facility is owned, operated, or controlled by the dealer. D. Motor vehicle. All vehicles, engines or machines, moveable or immovable, operated or propelled by the use of motor vehicle diesel fuel. E. Motor vehicle diesel fuel. Means and includes diesel fuel, by whatever name that diesel fuel is known or sold, usable as fuel for the operation of motor vehicles, except gas or liquid,the chief use of which, as determined by the tax administrator, is for purposes other than propulsion of motor vehicles upon the highways. F. Person. Every natural person, association, firm, partnership, corporation,joint venture or other business entity. G. Service station. Means and includes any place operated for the purpose of retailing and delivering motor vehicle diesel fuel into the fuel tanks of motor vehicles. Section 4. 3.50.040 Tax Imposed. 2 Ordinance No. 'L I / i_ (Council Meeting -1_, /l )/2025) A motor vehicle diesel fuel tax is hereby imposed on every dealer operating within the corporate limits of the city. The city motor vehicle diesel fuel tax shall be paid monthly to the city or its authorized agent. A. A person who is not a licensed dealer shall not accept or receive motor vehicle diesel fuel in this city from a person who supplies or imports motor vehicle diesel fuel who does not hold a valid motor vehicle diesel fuel dealer license in this city. If a person is not a licensed dealer in this city and accepts or receives motor vehicle diesel fuel, the purchaser shall be responsible for all taxes, interests, and penalties prescribed herein. B. A licensed dealer who accepts or receives motor vehicle diesel fuel from a person who does not hold a valid dealer license in this city, shall pay the tax that would have otherwise been imposed upon the unlicensed dealer by this ordinance to the city, or its authorized agent, upon the sale, use, or distribution of the motor vehicle fuel. Section 5. 3.50.050 Amount and Payment. A. In addition to any fees or taxes otherwise provided for by law, every dealer in the city engaging in the sale, use or distribution of motor vehicle diesel fuel shall: 1)Not later than the 25th day of each calendar month, render a statement to the city or its authorized agent, of all motor vehicle diesel fuel sold, used, or distributed by them in the city as well as all such diesel fuel sold, used, or distributed in the city by a purchaser thereof upon which sale, use, or distribution the dealer has assumed liability for the applicable motor vehicle diesel fuel tax during the preceding calendar month and within the time provided in this ordinance; and 2) Pay a motor vehicle diesel fuel tax on the basis of$.02 per gallon of such motor vehicle diesel fuel so sold, used, or distributed as shown by such statement in the manner and within the time provided in this Ordinance. 3) In lieu of claiming refund of the tax as provided in Section 3.50.210, or of any prior erroneous payment of motor vehicle diesel fuel tax made to the city by the dealer, the dealer may show such motor vehicle diesel fuel as a credit or deduction on the monthly statement and payment of tax. B. The amount of tax under A.2 of this section is determined by the date such motor vehicle diesel fuel is sold, used, or distributed by the person responsible for paying the tax. The date of such sale, use or distribution shall be recorded in the statements that persons must file under this chapter. C. The motor vehicle diesel fuel tax shall not be imposed wherever it is prohibited by the Constitution, laws of the United States, or the State of Oregon. Section 6. 3.50.060 License Requirements. No dealer shall sell, use, or distribute any motor vehicle diesel fuel until they have secured a dealer license as required herein. 3 Ordinance No. (Council Meeting / i/2025) Section 7. 3.50.070 License Application and Issuance. A. Every person, before becoming a dealer in motor vehicle diesel fuel in this city, shall make an application to the city or its duly authorized agent, for a license authorizing such person to engage in business as a dealer. B. Applications for the license must be made on forms prescribed, prepared, and furnished by the city or its duly authorized agent. C. Applications shall be accompanied by a fully acknowledged certificate containing: 1) The business name under which the dealer is transacting business; 2) The address of the applicant's principal place of business and location of distributing stations in and adjacent to the city; 3) The name and address of the managing agent, the names and addresses of the several persons constituting the firm or partnership and, if a corporation, the corporate name under which it is authorized to transact business and the names and addresses of its principal officers and registered agent, as well as primary transport carrier. D. Upon an application for a motor vehicle diesel fuel dealer license having been accepted for filing, the city or its authorized agent shall issue to the dealer a license in such form as the city or its duly authorized agent may prescribe to transact business in the city. The license so issued is not assignable and is valid only for the dealer or in whose name it is issued. E. The City Recorder shall keep on file a copy of all applications and licenses. F. No fee shall be charged by the city for securing said license as described herein. Section 8. 3.50.080 Failure to Secure License. A. If any dealer sells, distributes or uses any motor vehicle diesel fuel without first filing the certificate and securing the license required by CPMC 3.50.070, the motor vehicle diesel fuel tax shall be immediately be due and payable on account of all motor vehicle diesel fuel sold, distributed or used. B. The city shall proceed forthwith to determine, from the best available sources, the amount of such tax, and it shall assess the tax in the amount found due, together with a penalty of 200% of the tax, and shall make a certificate of such assessment and penalty, determined by the City Manager or the city's duly authorized agent. In any suit or proceeding to collect such tax or penalty or both, the certificate is prima facie evidence that the dealer therein named is indebted in the amount of tax and penalty stated therein. C. Any tax or penalty so assessed may be collected in the manner prescribed in CPMC 3.50.120 of this ordinance with reference to delinquency in payment of the fee or by an action at law. 4 Ordinance No. 2 i"z (Council Meeting /e I/2025) D. In the event any suit or action is instituted to enforce this section, if the city is the prevailing party,the city shall be entitled to recover from 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. Section 9. 3.50.090 Revocation of License. The city or its authorized agent shall revoke the license of any dealer refusing or neglecting to comply with any provision of this ordinance. The city or its authorized agent shall mail by certified mail addressed to such dealer at their last known address on file, a notice of intention to revoke. The notice shall give the reasons for the revocation. The revocation shall become effective without further notice if within 10 days from the mailing of the notice, the dealer has not made good its default or delinquency. Section 10. 3.50.100 Cancelation of License. A. The city or its authorized agent may upon written request of a dealer cancel any license issued to such dealer. The cancellation shall take effect not later than 30 days after receipt of the written request, after which the license shall no longer be effective. B. If the city or its authorized agent ascertains and finds that the person to whom a license has been issued is no longer engaged in the business of as a dealer, the city or its authorized agent may cancel the license of such dealer upon investigation after 30 days' notice has been mailed to the last known address of the dealer. Section 11. 3.50.110 Remedies Cumulative. Except as otherwise provided in CPMC 3.50.120 and 3.50.140, the remedies provided in CPMC 3.50.080 and 3.50.100 are cumulative. No action taken pursuant to those sections shall relieve any person from the penalty provisions of this ordinance. Section 12. 3.50.120 Delinquency. A. Except as provided in subsection(B) and (C) of this section, if payment of the tax is not paid as required by the 25th day of each month in which it is due, a penalty of 1% of such license tax shall be assessed and be immediately due and payable. B. Except as provided in subsection (C) of this section, if the payment of the tax and penalty, if any, is not made on or before the close of business on the last day of the month in which the payment is due, a further penalty of 10% of the tax shall be assessed. Said penalty shall be in addition to the penalty provided for in subsection (A) of this section and shall be immediately due and payable. C. Penalties imposed by this section shall not apply if a penalty has been assessed and paid pursuant to CPMC 3.50.080. D. The city or its authorized agent may for good cause shown waive any penalties assessed under this section. E. If any person fails to pay the license tax, interest, or any penalty provided for by this section, the tax, interest, and/or penalty shall be collected from that person for the use by the city. The 5 Ordinance No. L 11(_( (Council Meeting 3 /fl/2025) city shall commence and prosecute the final determination in any court of competent jurisdiction an action at law to collect the same. • F. In the event any suit or action is instituted to collect the tax, interest, or any penalty provided for by this section, if the city is the prevailing party, the city shall be entitled to recover from 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. Section 13. 3.50.130 Monthly Statement of Dealer. Every motor vehicle diesel fuel dealer or shall provide to the city or its authorized agent on or before the 25th day of each month, on forms prescribed, prepared and furnished by the city or its authorized agent, a statement of the number of gallons of motor vehicle diesel fuel sold, distributed or used by the dealer during the preceding calendar month. The statement shall be signed by the license holder or its duly authorized agent. All statements as required in this section are public records. Section 14. 3.50.140 Failure to File Monthly Statement. If a dealer or fails to file any statement required by CPMC 3.50.130, the city or its authorized agent shall proceed forthwith to determine from as many available sources as the city or its authorized agent determines reasonable the amount of motor vehicle diesel fuel sold, distributed, used, or stored by such dealer for the period unreported, and such determination shall in any proceeding be prima facie evidence of the amount of fuel sold, distributed, used, or stored. The city or its authorized agent immediately shall assess the motor vehicle diesel fuel tax in the amount due determined, as pertaining to the reportable dealer, adding thereto a penalty of ten percent for failure to report. The penalty shall be cumulative to other penalties provided in this ordinance. In any suit brought to enforce the rights of the city under this section, any such determination showing the amount of tax, penalties, and costs unpaid by any dealer and that the same are due and unpaid to the city or its authorized agent is prima facie evidence of the facts as shown. Section 15. 3.50.150 Billing Purchasers. Bills shall be rendered to all purchasers of motor vehicle diesel fuel by dealers. The bills shall separately state and describe to the satisfaction of the city or its authorized agent, the different products shipped thereunder and shall be serially numbered except where other sales invoice controls acceptable to the city or its authorized agent are maintained. The bills required hereunder may be the same as those required under ORS 319.210. Section 16. 3.50.160 Failure to Provide Invoice or Delivery Tag. No person shall receive and accept any shipment of motor vehicle diesel fuel from any dealer, or pay for the same, or sell or offer the shipment for sale, unless, the shipment is accompanied by an invoice or delivery tag showing the date upon which shipment was delivered and the name of the dealer in motor vehicle fuel. 6 Ordinance No. 2 ' Cif (Council Meeting 3 /2. )/2025) gwr Section 17. 3.50.170 Transporting Motor Vehicle Diesel Fuel in Bulk. Every person operating any conveyance for the purpose of hauling,transporting, or delivering motor vehicle diesel fuel in bulk shall,before entering upon the public streets of the city with such conveyance,have and possess during the entire time of such hauling or transporting of motor vehicle diesel fuel, an invoice,bill of sale, or other written statement showing the number of gallons conveyed,the true name and address of the seller or consignor, and the true name and address of the buyer or consignee of the same. The person hauling such motor vehicle diesel fuel shall at the request of any officer authorized by the city to inquire into,or investigate such matters, produce and offer for inspection the invoice,bill of sale, or other statement. Section 18. 3.50.180 Exemption of Exported Fuel. A. The tax imposed by CPMC 3.50.040 and 3.50.050 shall not be imposed on motor vehicle diesel fuel that is: 1) Exported from the city by a dealer; or 2) Sold by a dealer in individual quantities of 500 gallons or less for export by the purchaser to an area, or areas, outside the city in containers other than the fuel tank of a motor vehicle, but every dealer shall be required to report such exports and sales to the city in such detail as may be required. B. In support of any exemption from motor vehicle diesel fuel taxes claimed under this section other than in the case of stock transfers or deliveries in their own equipment, every dealer must execute and file with the city or its authorized agent, an export certificate in such form as shall be prescribed,prepared and furnished by the city or its authorized agent, containing a statement, made by some person having actual knowledge of the fact of such exportation,that the motor vehicle diesel fuel has been exported from the city, and giving such details with reference to such shipment as may be required. The city or its authorized agent may demand of any dealer such additional data as is deemed necessary in support of any such certificate, and failure to supply such data will constitute a waiver of all right to exemption claimed by virtue of such certificate. The city or its authorized agent, may,in a case where it believes no useful purpose would be served by filing of an export certificate, waive the certificate. C. Any motor vehicle diesel fuel carried from the city in the fuel tank of a motor vehicle shall not be considered as exported from the city. D.No person shall, through false statements,trick or device, or otherwise, obtain motor vehicle diesel fuel for export as to which the city motor vehicle diesel fuel tax has not been paid and fail to export the same, or any portion thereof, or cause the motor vehicle diesel fuel or any portion thereof to be used, distributed or sold in the city and fail to notify the city or its authorized agent and the dealer from whom the motor vehicle diesel fuel was originally purchased of their act. 7 Ordinance No. 212 L...p (Council Meeting 3 /1_-7/2025) E.No dealer or other person shall conspire with any person to withhold from export, divert from export, or return motor vehicle diesel fuel to the city for sale or use so as to avoid any fees imposed herein. F. In support of any exemption from taxes on account of sales of motor vehicle diesel fuel in individual quantities of 500 gallons or less for export by the purchaser,the dealer shall retain in its files for at least three years an export certificate executed by the purchaser in such form and containing such information as is prescribed by the city or its authorized agent. This certificate shall be prima facie evidence of the exportation of the motor vehicle diesel fuel to which it applies only if accepted by the dealer in good faith. Section 19. 3.50.190 Sales to Armed Forces Exempted. The motor vehicle diesel fuel tax imposed by CPMC 3.50.040 shall not be imposed on any motor vehicle diesel fuel sold to the Armed Forces of the United States for use in ships, aircraft or for export from the city; but every dealer shall be required to report such sales to the city, in such detail as may be required. A certificate by an authorized officer of such Armed Forces shall be accepted by the dealer as sufficient proof that the sale is for the purpose specified in the certificate. Section 20. 3.50.200 Fuels in Vehicles Coming into City Not Taxed. Any person coming into the city in a motor vehicle may transport in the fuel tank of such vehicle motor vehicle diesel fuel for their own use only and for the purpose of operating such motor vehicle without securing a license or paying the tax provided in CPMC 3.50.040 and 3.50.050, or complying with any of the provisions imposed upon dealers herein, but if the motor vehicle diesel fuel so brought into the city is removed from the fuel tank of the vehicle or used for any purpose other than the propulsion of the vehicle,the person so importing the fuel into the city shall be subject to all provisions herein applying to dealers. Section 21. 3.50.210 Refunds. Refunds will be made pursuant to ORS 319.280 to 319.320. Section 22. 3.50.220 Examination and Investigations. The city, or its duly authorized agent, may make any examination of accounts, records, stocks, facilities, and equipment of dealers, diesel fuel handlers, service stations, and other persons engaged in storing, selling, or distributing motor vehicle diesel fuel within this city, and such other investigations as it considers necessary in carrying out the provisions of this ordinance. If the examinations or investigations disclose that any reports of dealers or other persons theretofore filed with the city or its authorized agent pursuant to the requirements herein, have shown incorrectly the amount of gallons of motor vehicle diesel fuel distributed or the tax accruing thereon,the city or its authorized agent may make such changes in subsequent reports and payments of such dealers or other persons, or may make such refunds, as may be necessary to correct the errors by its examinations or investigations. 8 Ordinance No. 2\? Lf (Council Meeting 3 /2 ) /2025) Section 23. 3.50.230 Limitation on Credit for or Refund of Overpayment and on Assessment of Additional Tax. A. Except as otherwise provided in this chapter, any credit for erroneous overpayment of tax made by a dealer taken on a subsequent return or any claim for refund of tax erroneously overpaid filed by a dealer must be so taken or filed within three (3) years after the date on which the overpayment was made to the city or to its authorized agent. B. Except in the case of a fraudulent report or neglect to make a report, every notice of additional tax proposed to be assessed under this chapter shall be served on dealers within three (3) years from the date upon which such additional taxes become due. Section 24. 3.50.240 Records to be kept by Dealers. Every dealer in motor vehicle diesel fuel shall keep a record in such form as may be prescribed by the city or its authorized agent of all purchases, receipts, sales, and distribution of motor vehicle diesel fuel. The records shall include copies of all invoices or bills of all such sales and purchases and shall at all times during the business hours of the day be subject to inspection by the city or its authorized agent. Section 25. 3.50.250 Records to be kept Three Years. Every dealer shall maintain and keep, for a period of three (3) years, all records of motor vehicle diesel fuel used, sold, and distributed within the city by such dealer, together with stock records, invoices, bills of lading, and other pertinent papers as may be required by the city or its authorized agent. In the event such records are not kept, or are not kept within the state of Oregon, the dealer shall reimburse the city or its authorized agents for all travel, lodging, and related expenses incurred in examining such records. The amount of such expenses shall be an additional tax imposed hereunder. Section 26. 3.50.260 Use of Tax Revenues. A. The city manager or designee shall be responsible for the disposition of the revenue from the tax imposed by this ordinance in the manner provided by this section. B. For the purposes of this section, "net revenue" means the revenue from the tax imposed by this ordinance remaining after providing for the cost of administrating the motor vehicle diesel fuel tax to motor vehicle diesel fuel dealers and any refunds and credits authorized herein. The program administration costs of revenue collection and accounting activities shall not exceed ten and one-half percent(10.5%) for the first year and ten percent (10%)thereafter, of annual tax revenues. C. The net revenue shall be used only for the activities related to the construction, reconstruction, improvement, repair, and maintenance of public highways, roads and streets within the city which are subject to city control. 9 Ordinance No. d (Council Meeting /1 )/2025) Section 27. 3.50.270 Administration. A. The city manager or designee is responsible for administering this ordinance. B. The city manager or designee may enter into an agreement with the Oregon Department of Transportation as an authorized agent for the implementation of certain sections of this ordinance. Section 28. Voter Referral. This ordinance shall be effective upon certification by the County Elections Official that it has received voter approval at an election conducted on November 4, 2025 election. Section 29. When Tax Shall Take Effect. The taxation imposed by this ordinance shall commence 30-days after it first becomes effective under Section 28 of the Ordinance. Section 30. Severability. If any portion of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of any remaining portions of this ordinance. Section 31. Codification. Upon taking effect, provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re- lettered, provided however that any Recitals and boilerplate provisions need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. Passed by the Council and signed by me in authenticatio of its passage this 2>> day of nrACTLcC.V1 , 2025. 2 or Taneea W. Browning ATTEST: City Recorder 10 Ordinance No. 21'6-1' (Council Meeting /2.)/2025)