Loading...
HomeMy WebLinkAboutCAP051409Central Point City Hall 664-3321 City Council Mayor Hank Williams Ward I Bruce Dingier Ward II Mike Quilty Ward III Matthew Stephenson Ward IV Allen Broderick At Large Carol Fischer Kay Harrison Administration Phil Messina, City Administrator Community Development Department Tom Humphrey, Director Finance Department Bev Adams, Director Parks and Recreation Department Matt Samitore, Manager Police Department Jon Zeliff, Chief Public Works Department Bob Pierce, Director CITY OF CENTRAL POINT City Council Meeting Agenda May 14, 2009 Next Res.1206 Next Ord. No.1928 I. REGULAR MEETING CALLED TO ORDER - 7:00 P.M. II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. PUBLIC APPEARANCES V. CONSENT AGENDA Pg 1 - 3 A. Approval of Apri123, 2009, City Council Minutes 4 - 5 B. Adopting a Proclamation for Public Works Week 6 - 11 C. Approval of 4`'' of July Street Closures 12 - 13 D. Approval of Selection of Water Rate Study Consultant E. Approval of Old Fire Hydrant Donation VI. ITEMS REMOVED FROM CONSENT AGENDA VII. PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS 14 - 15 A. Public Hearing -Resolution No. , A Resolution Adopting a Supplemental Budget for Fiscal Year 2008- 2009 (Adams) 16 - 23 B. Resolution No. , A Resolution Authorizing a 3.2% Rate Increase by Rogue Disposal and Recycling (Messina) 24 - 3 8 C. Resolution No. , A Resolution Calling a Special Election for the Purpose of Submitting to the Voters of Central Point A Measure to Abolish the City's Traffic UtiliTy Fee and Replace it with a Motor Vehicle Fuel Tax (Clayton) 39 - 42 D. Ordinance No. ,Permitting the Deferral of System Development Charges on Single Family Dwellings by Amending Chapter 11.12 of the Central Point Municipal Code and Declaring an Emergency (Clayton) VIII. COUNCIL BUSINESS IX. MAYOR'S REPORT X. CITY ADMINISTRATOR'SREPQRT XI. COUNCIL REPORTS XII. DEPARTMENT REPORTS XIII.. EXECUTIVE .SESSION The City Council may adjourn to executive session under the provisions of ORS 192.660. Under the provisions of the Oregon Public Meetings Law, the proceedings of an executive session are not for publication or broadcast. XIV. ADJOURNMENT Consent Agenda CITY OF CENTRAL POINT City Council Meeting Minutes April 23, 2009 1. REGULAR MEETING CALLED TO ORDER Mayor Williams called the meeting to order at 7:00 p.m. Il. PLEDGE.OF ALLEGIANCE III. ROLL CALL: Mayor: Hank Williams Council Members: Allen Broderick, Bruce Dingier, Carol Fischer, Mike Quilty, and Matthew S#ephenson were present. Kay Harrison was excused. City Administrator Phil Messina; City Attorney Doug Engle; Public Works Director Bab Pierce; Police Chief Jon Zeliff; Interim Finance Director Bev Adams; and City Recorder Deanna Casey were also present. IV. PUBLIC APPEARANCES Gene Skelton, Central Point Resident Mr. Skelton stated that there is a discrepancy in the Parks and Recreation Activity guide regarding the dates of tine Battle of the Bones event. He is also concerned that the article about the D.A.R.E. cruise states that the location is "To Be Announced". He was under the impression that the event would be at the High School as in years past. Staff will look into the dates for the Battle of the Bones which will be held in September. The D.A.R.E. cruise cannot be held at the same location as the Battle of the Bones because alcohol will be served. Staff is confident that the show and shine will be held at the high school as it has been in the past. V. CONSENT AGENDA A. Approval of April 9, 2009, City Council Minutes. B. Approval of Proclamation designating .May 2, 2009, as City. Wide Clean Up Day. C. Approval of Proclamation recognizing May 11 - 15, 2009, as National Police Week. D. Approval of Proclamation recognizing May 3 - 9, 2009, as Municipal Clerks Week. E. Acceptance of Third Quarter Financial Statement. Allen Broderick made a motion to accept the Consent Agenda as presented. Mike Quilty. seconded. Roll call: Allen Broderick, yes, Bruce Dingier, yes; Carol Fischer, yes; Mike Quilty, yes; and Matt Stephenson, yes. Motion approved. 1J J .la 1 City of Central Point City Council Minutes April 23, 2009 Page 2 VL. ITEMS REMOVED FROM CONSENT AGENDA - No items were removed. VII. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Second Reading, Ordinance No. 1927, An Ordinance Amending Central Point Municipal Code Section 1.08.050 Pertaining to City Measures. City Administrator Phil Messina stated this is the second reading of an Ordinance to clarify signature requirements for filing Initiatives and referendums in the City of Central Point. There were no recommended changes at the first reading. Mike Quilty made a motion to approve Ordinance No. 1927, An Ordinance Amending Central Point Municipal, Code Section 1.08.050 Pertaining to City Measures. Matt Stephenson seconded. Roll call: Allen Broderick, yes, Bruce Dingier, yes; Carol Fischer, yes; Mike Quilty, yes; and Matt Stephenson, yes. Motion approved. VIII. BUSINESS A. Establishing Municipal Court Clerk Authority and Municipal Court Fee. Structure. Interim Finance Director Bev Adams stated the court clerk has documented the City's municipal court procedures and fees. The document sets up the "Violations Bureau" which is a means of formalizing practices and fees associated with the Court Clerk. The $5.p0 court technical fee is the only new fee proposed. This fee will help offset some of the software and training costs associated with programs needed to implement and track violations. There was discussion regarding the authority the Judge has to set certain fees and categories of fines outlined by the State. This fee structure will allow the Court Clerk to reduce fines as needed if people choose to come in to pay a fine rather than go to court. Currently the Court Clerk does not have that authority. Matt Stephenson made a motion to approve the establishment of the Municipal Court Clerk authority and the Municipal Court Clerk fee structure as presented. Mike Quilty seconded. Roll call: Allen Broderick, yes, Bruce Dingier, yes; Carol Fischer, yes; Mike Quilty, yes; and Matt Stephenson, yes. Motion approved. IX. COUNCIL BUSINESS Council Member Bruce Dingier wanted to inform the Council about a very old cedar tree that was removed by the city last week. It was one of the oldest trees in Central Point. Mr. Dingier suggested using the remaining stump as a bench with a plaque dedicating the bench to the previous property owners. ~~U 2 Cify of Central Point Cify Council Minufes APri123, 2009 Page 3 Public Works Director Bob Pierce stated that the tree was cracked at the top and was determined by two arborists that it was becoming a safety hazard. The City received three bids to remove the tree which included hauling the wood away. Staff wilt discuss the possibility of a bench and update the Council. X. MAYOR`S. REPORT Mayor Williams reported that he attended the Budget Committee meetings and a volunteer recognition lunch at the Red Lion. XI. CITY ADMINISTRATOR'S REPORT - No Report XII. COUNCIL. REPORTS Council Member Matt Stephenson reported that: • He attended a Chamber Leadership event with the City, of Medford Police Department. • He attended the Budget Committee meetings. • He has been informed that the Study Sessions have been changed back to Monday nights. He asked if that can start in June, he has a conflict on May 18~' and would like to attend the next study session. It was agreed that the Monday. Night Study Sessions will begin in June. Council Members Bruce Dingler, Carol Fischer, and Allen Broderick stated that they attended the Budget Committee meetings. Council Member Mike Quilty reported that: • He attended the Budget Committee meetings and would like to comment that he liked the shorter presentations this year. • He attended an Earth Advantage meeting where they provided information for making. your home energy efficient. XIII. DEPARTMENT REPORTS -There were no Department Reports. XIV, EXECUTIVE SESSION -None XV. ADJOURNMENT Mike Quilty moved to adjourn, Bruce Dingler seconded, all said "aye" and the Council Meeting. was adjourned at 7:29 p.m. The foregoing minutes of the April 23, 2009, Council meeting were approved by the City Council at its meeting of May 14, 2009. Dated: ATTEST: City Recorder Mayor Hank Williams ~ ~ ~_~ 3 INTEROFFICE MEMO CENTRAL POWT TO: Honorable Mayor and City Council FROM: Bob Pierce Public Works Director DATE: May 6, 2009 SUBJECT: PUBLIC WQRKS WEEK May 17a' through the 23rd, 2009 is "National Public Works Week". Public Works Department Bob Pierce, Director Chris Clayton, Deputy Director The Public Works Staff is requesting that the Central Point City Council and Mayor proclaim the week of May 17`}' through the 23rd, 2009 to be "National Public Works Week" in the City of Central Point and authorize the Mayor to sign the attached proclamation. U ~ ,: 4 C.itya! CENTRAL. _ _ _ _ _ _ _ - --_ _ _ ___ __ __ - POI NT Office of the Mayor Proclamation Whereas, Public Works services provided in our community are an integral part of our citizens' everyday lives; and Whereas, the support of an understanding and informed citizenry is vital to the efficient operation of Public Works systems and programs such as water, streets and highways, public buildings and solid waste collection; and Whereas, the health, safety and comfort of this community greatly depends on these facilities and services; and Whereas, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of Public Works officials; and Whereas, the efficiency of the qualified and dedicated personnel who staff Public Works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform. Now, therefore, I, Hank Williams, Mayor of the City of Central Point do hereby proclaim the week of May 17-23, 2009 as "National Public Works Week" in the City of Central Point, and I call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort and quality of life. Given under my hand and Seal of the City of Central Point this day of May 2009. Mayor 140 South 3rd Street ~ Central Point, OR 97502 •541.664.3321 f= Fax 541.664.6384 U J .~ ~ INTEROFFICE MEMO CENTRAL POINT TO: Honorable Mayor and City Council FROM: Bob Pierce, Public Works Director DATE: May 6, 2009 SUBJECT: FOURTH OF JULX STREET CLOSURES Public Works Department Bob Pierce, Director Chris Clayton, Deputy Director The Central Point Chamber~of Commerce has requested that the following streets be closed on July 3, 2009 and July 4, 2009 for the annual Central Point 4th of July Celebration and Parade. 7:00 PM July 3, 2009 to 5:00 PM July 4,,2009 O 6th St, Pine to Laurel O Laurel St, 6th to 7th O 7th St, Laurel to Manzanita O Manzanita St, 7th to 6th 6:30 AM to end of uarade July 4, 2009 O 3rd St, King's Way to Hazel O 2r-d St, Hazel to Pine O Pine St, 2nd to 8th O 8th St, Pine to Hazel O Hazel St, .8th to 3rd City staff is recommending closure of the above mentioned streets at the requested times. .J .. ~-` CSS.fq; - - _ _ --_ _ __ - -_ - _ _ _ CENTRAL _ _ - - Staff Report POINT ..:%i ~*~c~~. Finance Department Bev Adams, Finance Director TO: Mayor & Council FROM: Bev Adams, Finance Director SUBJECT: Selection of water rate study consultant DATE: May 4, zoog Background: In recent budget meetings we briefly discussed having budgeted for a water rate study to be completed next fiscal year. The zoog/io water revenues include $ioo,ooo of additional water fees.. In order to come close to recouping this revenue, it is imperative that we begin billing new water rates no later than the fall - September or October at the latest. Funds for the Water Rate Study are budgeted in zoog/io Water Operations budget under "Professional Services". The water rate study will take from 4 - 6 months to complete. Even if we were able to start the study today, it would only allow four months for the study to be completed in time for an ordinance to be adopted and in place for the October billing. Attached is a proposal from John Ghilarducci and the FCS Group which I am hopeful that you will approve tonight. Normally, for work such as this water rate study, we would gather "RFP's" (Request for Proposals) from several agencies. However, for this study, it appears more prudent to use the FCS Group forthe following: i. Prior work & unfair advantage -The FCS Group has completed prior work for the City which gives them an unfair advantage over other agencies. Much of the work they. have completed for the City on past projects allows them information and background that they can use in this study, and, would give them further knowledge and advantage when putting together an RFP. i. Cost savings -Because FCS Group has been a consultant on similar projects in the past, they have gleaned information that they can use, and they will not have to repeat steps that another agency would be required to do. 3. Time constraints -The FCS Group can start on the study the day following council approval of their proposal. If we were to seek RFP's, go through the selection process and all that would entail, I estimate the process and study to completion could take up to nine months. This would put the first billing ofthe new rates as late as February or March of zoio. Recommendation: That Council approves FCS Group as consultants for the City's new water rate study. ~~~ ',>_~ !(i(;a ,eve \..--, So.it~ L-? 1 ` T:.a"?>.tt6?.1R0? 1 a[i?{i cr i,:17tiS0ii Rd, tiuit~ ?(is. ~-; 5!i;-,j;_7i,.:U R~^m:nrl 1 ~ l.r.;,,t ii .,8tjt2 F: ~l'.S(i' 1~%:~' h.'lin auhic- CtFc 9%?(i 1- ~0?- 5. _ ^_~ [iusii $ SUiti' I "5 T: =s 15-4a5~ i~9;.rj :~:m F~;:ne~;.n. California 9=11(.t:i F: ~i~._°ti. i{,~Ii @'~) FCS ~ :~ ~, ~ , , ; Apri129, 2009 Ms. Bev Adams Interim Finance Director Ciry of Central Point 140 S. Third Street Central Point, OR 97502 Re: PropOSaE to Conduct: aCast-cif-Service \Nat~r Rate Study (Updat.ed) Dear Ms. Adams: FCS GROUP is pleased to submit this updated proposal to perform acost-of-service water rate study, intended to result in a revised, possibly conservation-based, water rate structure for the Ciry of Central Point. Since 1988, FCS GROUP has successfully completed over 1,400 engagements in the areas of cost allocation, cost of service, fee and funding issues, including over 1,050 utility rate and financial studies, from our offices in Redmond, Washington; Portland, Oregon; and San Francisco, California. Working with local governments on "cost of service" issues is our sole practice. As you know, we have been assisting the City of Central Point since 2005 on a variety of successful projects, including a comprehensive water, stormwater, transportation and parks system development charge study, a stormwater utility formation and rate study, and a transportation utility formation and rate study. We believe we have the right blend of familiarity, expertise and personality to navigate this project to a positive outcome for the City We have attempted to be as precise as possible in crafting the attached proposed approach and task plan. However, if we have scaled our efforts out of line with City expectations in any area, we would be glad to work with you to adjust our approach to fit your needs. We sincerely look forward to working with you on this study. If you have any questions about this submittal, please feel free to contact me at 425-867-1802 x225• Sincerely, FCS GROUP .~~ ~_ ~ John Ghilarducci Principal Cc: Chris Clayton u:~.. 8 L!t\~ ilk LC!"1l!'ri~ l~C~Illt !'rili)i~sal for \vater Rate Stuily As illustrated in the following Task Plan, we follow a structured method to arrive at rate and charge conclusions, which will enable us to perform the work in an orderly, efficient, and results-oriented manner. Each aspect of this methodology will be tailored to match the policies, practices, and unique attributes of Central Point, resulting in defensible and sustainable water rates. Task. CJne: Data Collection 8.< R.eview The consultant will prepare an initial data request identifying specific pieces of data to be collected from the Ciry. The consultant will review data provided by the Ciry and make formal requests for any additional items or explanations as necessary. Inconsistencies and problems in data collected will be identified and resolved to allow accurate analysis. Task f3roe ~~ork Prr~ducts: • Data request • Additional data request as necessary Task Two: Revenue Requirements Analysis The revenue requirement is defined as the total amount of rate revenue needed to meet an enterprise's financial obligations, including capital, operating, and polity-driven commitments. The results of the revenue requirement analysis will be the recommended percentage rate increases or decreases needed to meet the obligations of the water service. 2. ] Using an Excel spreadsheet model, and with the input of Ciry staff, the consultant will construct an analytical model to project operations and capital revenue requirements fora 10-year period. The model will be constructed with user-friendliness in mind and will accommodate user-entry of key data and assumptions. The model will be flexible and stable enough to analyze multiple scenarios and/or levels of service. It will be consistent in format and approach. 2.2 Incorporating the policy framework developed in Task 4.1 below, the consultant will project "baseline" revenue requirements fora 10-year study period. 2.3 Revenue requirement findings may be revised in light of feedback from the Ciry. Barring unforeseen circumstances, this analysis will form the basis of the cost of service analysis. Task Two Work Produces: • Revenue requirements analysis and model in Excel spreadsheet Task Three: Cost of Service Analyses The cost-of-service analysis is the evaluation, based on available engineering and customer information, of "who should pay" in order to equitably recover adequate revenues. If the revenue requirement analysis determines the size of the pie, the cost-of-service-analysis determines how.you slice it among customers. The results of the cost-of-service analysis will be rate structure alternatives that equitably charge utility customers based on the unique demands of their class. 3.1 In order to ensure the quality and reliability of the cost of service analyses, the consultant will examine the customer statistics provided by the Ciry. Statistics will be adjusted as necessary following this review to allow for the development of rational rate structure options. E f i_ Fg_-,~ 2_ ~~ ~ i i'~, 1, ~! C__ i ?.~ t . ~ ~~ .. 9 Ci!v of CFr!ir~i "cir,i Props ~~ 11~~r 1~'aTz~r R2ie Vii! ~riv 3.2 The consultant will develop the cost of service and rate design model elements again using an Excel spreadsheet. The model will be flexible and stable enough to analyze multiple scenarios and/or rate structure alternatives. 3.3 Drawing upon Ciry staff and the project engineer's knowledge, allocate plant and expense items to relevant functional cost categories. 3.4 Generate rate alternatives. The model will allow simultaneous analysis of up to two rate structure alternatives. Alternatives will be chosen based on the input of Ciry staff and polity direction established in Task 4.1 below. 'I-ask ThEree t!~~of°{~ 1`rodt~cts: • Cost-of-service analysis and race model with up to two rate alternatives in an Excel spreadsheet Task Four: Meetings The consultant will prepare for and participate in up to three review meetings with Ciry staff, and one Council meeting to present the study findings. 4.1 First review meeting. The consultant will meet with Ciry staff to kickoff the study. A major portion of the agenda will be devoted to discussing polity choices that will guide the analysis, taking into account availability of customer data and City objectives for water conservation, fairness, and revenue stability. Customer data, financial and engineering data, and other key inputs will also be discussed in this first review meeting. 4.2 Second review meeting. The consultant will meet with Ciry staff to review and discuss the revenue requirements analysis and its results. 4.3 Third review meeting. The consultant will meet with Ciry staff to review and discuss the draft study results, issues related to rate structure alternatives, and customer bill impacts. The cost-of-service analysis often results in significant "equity shifts" -the re-allocation of the utility cost burden among customer classes. For example, we may find that a relatively small overall rate revenue requirement increase could result in a significant increase for one customer class and a decrease for another. Following this review, the consultant will revise the analysis and finalize recommendations. 4.4 Individual Council meetings. The consultant shall attend, participate in and prepare presentation materials for up to three separate meetings with individual Council members or groups of Council members. It is anticipated that these meetings will be held during a single visit to the Ciry. 4.5 City Council meetings. The consultant shall attend, participate in and prepare presentation materials for up to two City Council meetings (likely to be a work session and a public hearing) to present the study findings. Task Four V~ark 1''roduc~.C, • Participation in meetings, including development of supporting and presentation materials and attendance at up to a total of eight meetings (up to six visits) Task five: D©eun~entation Task Five includes the writing of the study report and the delivery of the spreadsheet model. 5.1 Computer spreadsheet. The consultant shall provide an electronic copy of the Excel spreadsheet model. r . _. .. .. - ,~~ 10 Cite of is ~-~~isal Point f-'roposai to!' !V.~ter Rt9te 5turi~, 5.2 Draft Report. A draft report shall be prepared that summarizes all of the findings, recommendations and supporting materials for this project for staff review and presentation to Council. 5.3 Final Report. A final report shall be prepared that includes revisions based on City staff and Council comments. The final product shall be prepared and delivered in both hard copy (up to ten copies) and .PDF formats. Yasl~ Fjv~ ~~4rL ~r~ducls: • Draft report • Final report • Electronic copy of analytical model The level of effort proposed to complete the water rate study is detailed in the following table and totals $49,500. Our normal billing practice is to bill based on time and taterials actually expended, not to exceed the total budget. It is FCS GROUP's policy not to bill for direct expenses, including normal levels of travel. The budget therefore includes only charges for labor. I PM I Consultant I Support I Ghilarducci Hourl y Rate=> $180 $]25 $60 Hours Cost (Number of meetings by task noted in parentheses) Task One: Proiect Kick-off & Data Collection 1.] Data request & review 1.0 8.0 - 9.0 $ 1,180 1.2 Follow up data request - 4.0 - 4.0 500 Task 1 Total: 1.0 12.0 - 13.0 1 680 Task Two: Revenue Reouirements Analvses 2.1 Construct analytical model 2.0 16.0 - 18.0 $ 2,360 2.2 Project baseline revenue requirements 4.0 56.0 - 60.0 $ 7,720 2.3 Incorporate feedback 2.0 12.0 14.0 1.860 Task 2 Total: 8.0 84.0 - 92.0 11 940 T_ ask Three: Cost-of-Service Analvses 3.1 Assess /refine customer data - 48.0 - 48.0 $ 6,000 3.2 Develop /adapt cost of service modules 2.0 16.0 - 18.0 2,360.0 3.3 Allocate plant and expense 2.0 8.0 - 10.0 1,360.0 3.4 Develop rate alternatives 2.0 24.0 26.0 3.360 Task 3 Total.• 6.0 96.0 - 102.0 13 080 Task Four: Public Involvement 4.1-3 Review meetings (up to 3 meetings) 24.0 30.0 1.0 55.0 8,]30 4.4 Individual Council meetings 12.0 4.0 1.0 ] 7.0 2,720 4.5 Council presentations (two meetings) 16.0 16.0 1.0 33.0 4,940 Task 4 Total: 52.0 50.0 3.0 105.0 15 790 Task Five: Documentation 5.1 Computer spreadsheet - 2.0 1.0 3.0 $ 310 5.2 Draft report 4.0 40.0 - 44.0 5,720 5.3 Final report 2.0 4.0 2.0 8.0 980 Task 5 Total: 6.0 46.0 3.0 55.0 7 010 PROJECT TOTALS: Hours: 73.0 288.0 6.0 367.0 Cost: $ 13,140 $ 36,000 $ 360 $ 49 500 e~~ ~ ~ (~ `~ i s INTEROFFICE MEMO CENTRAL POINT TO: Honorable Mayor and City Council FROM: Bob Pierce, Public Works Director DATE: May 8, 2009 SUBJECT: OLD FIRE. HYDRANT DONATION Public Works Department Bob Pierce, Director Chris Clayton, Deputy Director Scott Baker, on behalf of the Oregon Volunteer Fire Fighters Association, has requested that the City donate an old fire hydrant that has been taken out of service, to be auctioned off at their annual conference. The Fire Hydrant in question is one that is no longer of use to the City and would otherwise be discarded as scrap. Proceeds from the auction will be donated to the Oregon Burn Center Camp for Kids. Staff is recommending that the City Council donate, for auction, afore mentioned Fire Hydrant to the Oregon Volunteer Firefighters Association. J ~~ To the City Council of Central Point My name is Scott Baker I work for the City and I also Volunteer as a Firefighter for Jackson County Fire Dist. 3 and I am a member of the Oregon Volunteer firefighter association this year the OVFA is holding its annual conference in southern Oregon. I would like to ask the Council to donate an old fire hydrant to be put in an auction, the proceeds go to the Oregon Burn Center Camp for Kids the Hydrant would have donated from the City Of Central Point Panted on it and all the work that goes into getting it ready would be done by me or donated. Thank you `~ s-; CC % ,~~ Scott Baker 'V J ~ i Public Hearing - Supplemental Budget This item will be presented at the Council meeting. .. ., 14. City of Central Point, Oregon _ 140 S Third Street, Central Point, OR 97502 541.664.3321 Fax 541.664.6384 www.ci.central-poi nt.or.us Cicyof CENTRAL POINT C?rc~.c~rs NOTICE OF SUPPLEMENTAL BUDGET HEARING Finance Department Bev Adams, Interim Finance Director A public hearing. on a proposed supplemental budget for the City of Central Point, Jackson County, State of Oregon, for the fiscal year July 1, 2008 to June 30, 2009 will be held in the City Hall Council Chambers located at 140 South Third Street, Central Point, Oregon. The hearing will be held on May 14, 2009 at 7:00 pm. The purpose of the hearing is to discuss the supplemental budget with interested persons. A copy of the supplemental budget maybe inspected or obtained on or after May 6, 2009 from the Finance Officer at the aforementioned address between the hours of 9:00 am and 5:00 pm. Summary of Supplemental Budget Capital Improvements Fund -Financing Proceeds $ 1,200,000 Total Revised Resources 2 521 00 Capital Improvements Fund -Don Jones Park capital project 1 576 500 Total Revised Requirements 2 521000 With this amendment,. financing proceeds (revenues) and the capital project (expenses) have been increased from the original budget by $800,000 to complete the Don Jones Memorial Park project. 6ev. Adams Interim Finance Director Please publish in the Mail Tribune aublic notices on Mav 6, 2009 t- ;J .;. 1J Resolution Authorizing Collection Increase City Administrator Staff Report MEETING DATE: May 14, 2009 TO: Honorable Mayor and City Council FROM: Phil Messina, City Administrator SUBJECT: Rogue Disposal Rate Increase Request SUMIV~ARY: The City has a franchise agreement with Rogue Disposal and Recycling for the collection and disposal of solid waste, recycling and yard waste. At this time Dry Creek Landfill is the sole location for the disposal of waste and recycling. On April 22, 2009 the Jackson County Commissioners approved a rate increase request by Dry Creek Landfill/Rogue Transfer and Recycling. That rate increase has impacted Rogue Disposal's cost of service. Now,, under Section 7.3 of our Solid Waste Collection Franchise Agreement Rogue Disposal is requesting a 3.2% increase effective July 1, 2009. This increase would raise the typical one-can residential rate by 48 cents to a monthly rate of $15.44. Gary Penning of Rogue Disposal will be at the Council meeting to give a short presentation and answer any questions of Council RECOMMENDATION: Motion to approve Resolution # , authorizing a 3.2% rate increase by Rogue Disposal and Recycling Inc. effective July 1, 2009. ~~ Q-~GU~®~ ® Z v_ u .'' `_ Apn122, 2009 R Phil Messina, City Administrator City of Central Point 1405 Third Street Central Point,. OR 97502 Re: Rogue Disposal and Recycling, Inc. Special Rate Review Request Dear Mr. Messina: PO Box 3187 Central Point OR 97502 541 779 4161 Fax 541 779 4366 Please accept this letter as a request for a Special Rate Review under Section 7.3 of the Solid Waste Collection Franchise Agreement dated July 18,1996, as amended, between the City of Central Point and Rogue Disposal and Recycling, Inc. We are requesting a 3.2% increase, effective July 1, 2009. This increase would raise the typical one-can residential rate by 48 cents to a monthly rate of $15.44. The reason for this rate request is a result of the solid waste disposal rate increases approved by the Jackson County Commissioners on April 22, 2009, at the Dry Creek Landfill and Rogue Transfer and Recycling facilities. Therefore, Rogue Disposal's cost of disposal at the landfill and transfer station will increase July 1, 2009, and this requested rate adjustment would allow us to cover those increased costs. The increases at the landfill and at the transfer station were necessary to ensure that those two critical areas of the solid waste system remain economically viable. Although the company has experienced a collapse in the commodities market prices that has severely reduced the revenue we receive from the sale of recycled materials, we are not including any of those costs in this request and are hopeful that markets will recover and the company will be able to absorb those increased costs in a reasonable timeframe. Attached hereto as Exhibit C is a rate sheet showing the costs that would be effective as of July 1, 2009, if this request is approved. In conclusion, we respectfully request that the City authorize Rogue Disposal and Recycling, Inc., to increase its rates by 3.2%, effective July 1, 2009. We look forward to working with the City of Central Point staff and council members to this end. Very truly yours, ~~~~ Wendel Smith General Manager Rogue Disposal and Recycling, Inc. Enclosure J ,~ EXHIBIT C CITY OF CENTRAL POINT, OREGON ROGUE DISPOSAL AND RECYCLING, INC. MAXIMUM MONTHLY COLLECTION RATES EFFEGTIVE JULY 1, 2009 Residential Collection Garbage/Curbside Recycling 35 gallon cart ~ curb (1 can service) 65 gallon cart @ curb (2 can service) 95 gallon cart ~ curb (3 can service) Each Additional Can Serviced Weekly Extra 32 gallon Can or Bag On Route Special Pick-up -Non-Garbage Customer Recycling Cart -Non-Garbage Customer Green Waste Cart -Garbage Customer Green Waste Cart -Non-Garbage Customer Commercial (Front-Load) Monthly Front Load Rates by Confairie~ Size and Freeuaer_v of PiwMun 1 1/2 YD 2 YD 3 YD 4 YD 6 YD 8 YD 1 x Week $ 103.33 $ 134.71 $ 159.58 $ 206.62 $ 296.88 $ 387.05 2 x Week $ 167.41 $ 217.07 $ 300.80 $ 383.15 $ 536.21 $ 687.86 3 x Week $ 241.93 $ 308.64 $ 430.26 $ 542.71 $ 818.65 $ 1,094.60 4x Week $ 316.47 $ 388.39 $ 550.56 $ 734.97 $ 1,076.26 $ 1,418.92 5 x Week $ 377.95 $ 468.13 $ 689.19 $ 911.49 $ 1,336.52 $ 1,761.53 6 x Week $ 428.93 $ 561.06 $ 818.65 $ 1,086.75 $ 1,595.44 $ 2,104.19 Extra /u $ 37.25 $ 45.09 $ 60.79 $ 76.53 $ 107.89 $ 139.27 ,~ . ,.~ Industrial (Roll-off) $ 15.44 Per month $ 25.87 Per month $ 36.31 Per month $ 10.43 Per month $ 3.88 Each $ 13.10 Each $ 4.56 Per month $ 4.07 Per month $ 5.23 Per month DROP BOX SERVICE RATES SIZE 10 Yard Box (rate per haul) 20 Yard Box (rate per haul) 27 Yard Box (rate per haul) 30 Yard Box (rate per haul) 33 Yard Box (rate per haul) 40 Yard Box (rate per haul) 50 Yard Box (rate per haul) RATE PER LOAD LOOSE COMPACT $ 210.67 $ 353.04 $ 316.68 $ 599.31 $ 391.04 $ 422.43 $ 452.47 $ 548.07 $ 685.39 DAILY RENT ,% J 19 PE M TEMP 2.24 $ 4.48 2.80 $ 5.60 3.36 $ 6.72 3.36 $ 6.72 3.36 $ 6.72 3.36 $ 6.72 3.36 $ 6.72 EXHIBIT C CITY OF CENTRAL POINT, OREGON ROGUE DISPOSAL AND RECYCLING, INC. MAXIMUM MONTHLY COLLECTION RATES EFFECTIVE JULY 1, 2009 Residential Collection Miscellaneous Charges $ 21.63 Exchange Roli Cart $ 1.79 32 Gal Can Extra GW Pidc-Up $ 1.23 EMra GW Cart Rent Per Month $ 2.35 On Call Extra GW Cart Pidc-up $ 5.83 12ecyde Bin Not Returned $ 2.35 For Each Addtl Resident Roll Cart $ 19.94 Off Route Charge $ 48.18 35 Gal Lost Cart Replacement $ 56.02 65 Gal Lost Cart Replacement $ 70.59 95 Gal Lost Cart Replacement $ 5.04 CarNCan not at Curb (per Month) $ 5.27 Long Driveway with Cart (per Month) $ 89.64 Misc. Labor (Truck and Driver) per Hour $ 39.22 Misc. Labor (Helper) per Hour $ 37.98 Small Quantity Pgm - 5 Pre-Paid Bags $ 52.44 Smali Quantity Pgm -10 Pre-Paid Bags $ 56.26 1 at Appliance $ 29.13 Ea. Additional Appliance $ 11.20 Tire -Passenger $ 22.41 Tire -Truck $ 22.41 Misc. Loose Waste -Per Yard $ 7.06 Christmas Tree -Per 3 Ft Section Commercial Collection Special Charges $ 22.41 Per month temporary container rental $ 22.41 Per month temporary cardboard only; waived 'rf minimum p/u every other week $ 29.13 Trip charge/pull fee $ 44.82 Cleaning $ 44.82 Deposit $ 44.82 Pickup & Delivery $ 13.45 Pull Out from 30-90 ft (muRiply by p/u per week) $ 10.08 Key Acct $ 5.60 Per month auto lock container $ 17.93 Lodc replacement $ 90.76 6 yd. or under FL oompador cleaning fee Deliver PidCUD $ 98.18 Bin for aday - 5 yard - 24 hours 1 Dump $111.24 Binfor aweek-end - 5 yard - 48 hours 1 Dump Fri Mon am $124.33 Bin for 72 hours - 5 yard -1 Dump 1 st day 4th day $ 75.83 Yard debris bin for aday - 5 yard - 24 hours 1 Dump $ 88.48 Yard debris bin for aweek-end - 5 yard 1 Dump Fri Mon am $101.13 Yard debris bin for 72 hours - 5 yard 1 Dump 1st day 4th day Industrial Special Charges $ 29.94 Compactor -Per Yard Under 20 Yds $ 27.70 Compactor -Per Yard 20 Yds and Over $ 99.72 Compactor Cleaning $ 29.13 Trip Charge(move box @ location) ! Tum Around Charge $ 94.12 Haul Fee -Asbestos Box (Requires spedal per yard disposal charge) $ 94.12 Wood Box Haul Fee $ 2.24 Per Mile, starting after border boundary $ 22.41 Car fire in drop box $ 33.61 Truck fire in drop box $ 58.26 Haul Fee to haul appliance from landfill to transfer station ,; , . 2 0 EXHIBIT D (FORMERLY EXHIBIT C) CITY OF CENTRAL POINT, OREGON ROGUE DISPOSAL AND RECYCLING, INC. MAXIMUM MONTHLY COLLECTION RATES EFFECTNE JANUARY 1, 2009 Residential Collection GarbagelCurbside Recycling 35 gallon cart ~ curb (1 can service) 65 gaNon cart (ds curb (2 can service) 95 gallon cart (c~ curb (3 can service) Each Additional Can Serviced Weekly Extra 32 gallon Can or Bag On Route Speaal Pick-up -Non-Garbage Customer Recycling Cart -Non-Garbage Customer Green Waste Cart -Garbage Customer Green Waste Cart -Non-Garbage Customer Commercial (Front-Load) Monthy Front-Load Rates by Container size and Frequenev of Pickup 1 1/2 YD 2 YD 3 YD 4 YD 6 YD 8 YD 1 x Week $ 100.12 $ 130.52 $ 154.61 $ 200.19 S 287.64 $ 375.02 2 x Week $ 162.20 $ 210.32 $ 291.44 $ 371.23 $ 519.53 $ 666.47 3 x Week $ 234.40 $ 299.04 $ 416.88 $ 525.83 S 793.19 $ 1,060.56 4 x Week $ 306.63 $ 376.31 $ 533.44 $ 712.11 $ 1,042.78 $ 1,374.79 5 x Week $ 366.19 $ 453.58 $ 667.76 $ 883.14 $ 1,294.95 $ 1,706.74 6 x Week $ 415.59 $ 543.61 $ 793.19 $ 1,052.95 $ 1,545.82 $ 2,038.75 Extra u $ 36.09 $ 43.69 $ 58.90 $ 74.15 $ 104.54 $ 134.94 Industrial (Roll-0ff) $ 14.96 Per month $ 25.07 Per month $ 35.18 Per month $ 10.11 Per month $ 3.74 Each $ 12.69 Each $ 4.42 Per month $ 3.94 Per month $ 5.07 Per month DROP BOX SERVICE RATES SIZE 10 Yard Box (rate per haul) 20 Yard Box (rate per haul) 27 Yard Box (rate per haul) 30 Yard Box (rate per haul) 33 Yard Box (rate per haul) 40 Yard Box (rate per haul) 50 Yard Box (rate per haul) RATE PER LOAD L SE COMPACT $ 204.12 $ 342.06 $ 306.83 $ 580.67 $ 378.88 $ 409.29 $ 438.39 $ 531.03 $ 664.07 DAILY RENT u~ 21 PER TEMP 2.17 $ 4.34 2.71 $ 5.43 3.26 $ 6.51 3.26 $ 6.51 3.26 $ 6.51 3.26 $ 6.51 3.26 $ 6.51 EXHIBIT D (FORMERLY EXHIBIT C) CITY OF CENTRAL POINT, OREGON ROGUE DISPOSAL AND RECYCLING, INC. MAXIMUM MONTHLY COLLECTION RATES EFFECTIVE JANUARY 1, 2009 Residential Collection Miscellaneous Charges $ 20.95 Exchange Roll Cart $ 1.74 32 Gal Can Extra GW Pick-Up $ 1.19 Extra GW Cart Rent Per Month $ 2.28 On Call Extra GW Cart Pidc-up $ 5.65 Recycle Bin Not Returned $ 2.28 For Each Addtl Resident Roll Cart $ 19.32 Off Route Charge $ 46.68 35 Gal Lost Cart Replacement $ 54.28 65 Gal Lost Cart Replacement $ 68.39 95 Gal Lost Cart Replacement $ 4.89 CarUCan not at Curb (per Month) $ 5.10 Long Driveway with Cart (per Month) $ 88.85 Misc. Labor (Truck and Driver) per Hour $ 38.00 Misc. Labor (Helper) per Hour $ 36.80 Small Quantity Pgm - 5 Pre-Paid Bags $ 50.81 Small Quantity Pgm -10 Pre-Paid Bags $ 56.45 1 st Appliance $ 28.23 Ea. Additional Appliance $ 10.86 Tire -Passenger $ 21,71 The -Truck $ 21.71 Misc. Loose Waste -Per Yard $ 6.84 Christmas Tree -Per 3 Ft Section Commercial Collection Special Charges $ 21.71 Per month temporary container rental $ 21.71 Per month temporary cardboard only; waived 'rf minimum p/u every other week $ 28.23 Trip charge/pull fee $ 43.42 Cleaning $ 43.42 Deposit $ 43.42 Pickup & Delivery $ 13.03 Pull Out from 30-90 ft (mul~ply by p/u per week) $ 9.77 Key Acct $ 5.43 Per month auto lock container $ 17.37 Lock replacement $ 87.94 6 yd. or under FL compactor cleaning fee liver Pi u $ 95.10 Binfor aday - 5 yard - 24 hours 1 Dump $107.78 Bin for aweek-end - 5 yard - 48 hours 1 Dump Fri Mon am $120.411 Bin for 72 hours - 5 yard -1 Dump 1st day 4th day $ 73.48 Yard debris bin for aday - 5 yard - 24 hours 1 Dump $ 85.73 Yard debris bin for aweek-end - 5 yard 1 Dump Fri Mon am $ 97.99 Yard debris bin for 72 hours - 5 yard 1 Dump 1 st day 4th day Industrial Special Charges $ 29.01 Compactor -Per Yard Under 20 Yds $ 26.84 Compactor -Per Yard ZO Yds and Over $ 98.62 Compactor Cleaning $ 28.23 Trip Charge move box ~ bcation) / Tum Around Charge $ 91.19 Haul Fee -Asbestos Box (Requires special per yard disposal charge) $ 91.19 Wood Box Haul Fee $ 2.17 Per Mile, starting alter border boundary $ 21.71 Car fire in drop box $ 32.57 Truck fire in drop box $ 56.45 Haul Fee to haul appliance from landfill to transfer station ~~, ~~ RESOLUTION NO. A RESOLUTION AUTHORIZING A 3.2% RATE INCREASE BY ROGUE DISPOSAL AND RECYCLING WHEREAS, City of Central Point has previously entered into a Solid Waste Agreement with Rogue Disposal; and WHEREAS, Per Section 7.3 of that agreement Rogue Disposal came before the City. Council with a request to increase the monthly rate for waste collection; and WHEREAS, the City recognizes the need for a rate increase to off set the increased cost at the landfill and the transfer station; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Central Point, Oregon,, does hereby authorize Rogue Disposal and Recycling, a 3.2% increase in collections rates effective July 1, 2009. Passed by the Council and signed by me in authentication of its passage this day of , 2009. Mayor Hank Williams ATTEST: City Recorder Approved by me this day of , 2009. Mayor Hank Williams .~ ~ 2 3 Resolution Calling for Special Election STAFF REPORT AGENDA ITEM: CENTRAL POINT Administrator's Office Phil Messina, City Administrator Deanna Gregory, City Recorder A resolution calling a special election for the purpose of submitting to the voters of Central Point a measure to abolish the City's Traffic Utility Fee and replace it with a Motor Vehicle Fuel Tax. Updates /changes /Additional information 1. The City's traffic utility fee is now paid by every developed residential and commercial parcel in the City and averages $59.76 per household. This measure would abolish that fee and impose in its place a motor vehicle fuel tax of three cents per gallon to raise revenue for the improvement, repair and maintenance of public streets within the city.. The tax is imposed on fuel distributors in the city for the sale of gasoline and diesel. Each distributor will be required to obtain a permit from the city to deliver fuel to motor vehicles. Distributors will be required to pay the amount collected monthly to the city. 2. The election to vote on the measure is to be held on Tuesday, September 15, 2009, and shall be conducted by mail by the Jackson County Election Department. The precincts for the election shall be all of the territory included within the corporate limits of the City of Central Point. State of Oregon Transportation Funding Update: The House Transportation Committee, chaired by Representative Terry Beyer (D-Springfield), approved HB 2001 this week without recommendation and with subsequent referrals to both the House Revenue and Joint Ways and Means Committees. This bill replaces HB 2120, The Jobs and Transportation Act (JTA), as the vehicle for consideration of a transportation funding and policy package this session. HB 2001 is the result of hours of private collaboration between selected legislators but is not yet complete. Due to legislative deadlines requiring committees to act on assigned bills no later than last Tuesday, the transportation package left the House Transportation Committee as a work in progress. Major decisions are pending with regard to the sources and amounts of new funding for roads and highways. It is currently speculated that the bill will contain approximately $300 million in new revenue (down from the $499 million first proposed in the JTA). Net of off-the-top allocations, that would generate slightly more than $50 million for cities under a 50-30-20 split between the Oregon Department of Transportation, counties and cities. Sub-allocations to individual cities would be proportioned on the basis of population, as is currently the practice. Cities receive approximately $113 million from current State Highway Fund disbursements; an additional $50 million represents roughly a 50 percent annual increase to cities. Other potential issues to be negotiated as HB 2001 continues its journey include a proposed four-year moratorium on local gas taxes (to sunset on January 2, 2014) and "least cost planning" language proposed by the environmental community, adding .~ _, ~i `t climate change as a metric in transportation/land use planning for Oregon's three largest Metropolitan Planning Organizations (MPOs) - Portland/Metro, Eugene/ Springfield and Salem/Keizer. The League's effort to increase the small city allocation (HB 3138) is not expected to be included in the transportation package. While its prospects now appear dim, it could gain traction as negotiations on the bill continue over the course of the next several weeks. Conclusion /recommendation Although future state legislation may render a local motor vehicle fuel tax irrelevant, Staff is concerned about the possibility of the State Legislature failing to address transportation funding during the current legislative session. In the event the State chooses not to act, this resolution allows the voters of Central Point the ability to address City transportation funding issues. Based on the above described scenario, Staff is recommending approval of tl~e proposed resolution. ,, _. RESOLUTION NO. A RESOLUTION CALLING A SPECIAL ELECTION FOR THE PURPOSE OF SUBMITTING TO THE VOTERS OF CENTRAL POINT A MEASURE TO ABOLISH THE CITY'S TRAFFIC UTILITY FEE AND REPLACE IT WITH A MOTOR VEHICLE FUEL. TAX. THE CITY COUNCIL OF THE CITY OF CENTRAL POINT RESOLVES AS FOLLOWS: SECTION 1. A special election is called for the purpose of submitting to the voters of Central Point a measure to abolish the City's traffic utility fee and to impose a motor vehicle fuel tax. The measure is attached .to this .resolution as Exhibit A. SECTION 2. The ballot title to appear on the ballot shall be: CAPTION: ABOLISH TRAFFIC UTILITY FEE AND IMPOSE MOTOR VEHICLE.FUEL TAX QUESTION: Shall City's traffic utility fee be abolished and a three cent fuel tax be imposed on fuel distributors? SUMMARY: The City's traffic utility fee is now paid by every developed residential and commercial parcel in the City and averages $59.76 per household. This measure would abolish that fee and impose in its place a motor vehicle fuel tax of three cents per gallon to raise revenue for the improvement, repair and maintenance of public streets within the city.. The tax is imposed on fuel distributors in the city for the sale of gasoline and diesel. Each distributor will be required to obtain a permit from the city to deliver fuel to motor vehicles. Distributors will be required to pay the amount collected monthly to the city. SECTION 3.. The election to vote on the measure is to be held on Tuesday, September 15, 2009, and shall be conducted by mail by the Jackson County Election Department. The precincts for the election shall be all of the territory included within the corporate limits of the City of Central Point. 2~ J SECTION 4. The City Recorder is instructed and directed to post and publish any and all required notices as provided by law and to take any and all additional actions necessary for the holding of the election on this measure. This resolution takes effect upon signing by the Mayor. Passed by the Council and signed by me in authentication of its passage this of 2009. Mayor Hank Williams ATTEST: City Recorder Approved by me this day of , 2009. Mayor Hank Williams J / EXHIBIT A Measure to be referred to the voters at the September 15, 2009, election: AN ORDINANCE ABOLISHING THE TRAFFIC UTILITY FEE IN CHAPTER 11.20 OF THE.CENTRAI, POINT MUNICLPAI_ CODS AND IMPOSING IN ITS PLACE.A MOTOR VEHICLE FUEL TAX BY ADDING CHAPTER 3.28 TO THE CENTRAL POINT MUNICIPAL CODE The People of the City of Central Point do ordain as follows: Section 1. Repeal of Traffic Utility Fee. Chapter 11.20 of the Central Point Municipal Code titled "Traffic Utility Fee" is repealed as of the first of the month following the month in which Dealers begin collecting the Motor Vehicle Fuel Tax imposed in Chapter 3.28 of the Central Point Municipal Code. Section 2. Adoption of Motor Vehicle Tax. The following chapter and sections are added to the Central Point Municipal Code: Chapter 3.28 MOTOR VEHICLE FUEL TAX Sections: 3.28.010 Short Title 3.28.015 Purpose 3.28.020 Definitions 3.28.030 Tax Imposed 3.28.040 Amount and Payment 3.28.050 Permit Requirements 3.28.060 Permit Applications and Issuance 3.28.070. Failure.to Secure Permit.. 3.28.080 Revocation of Permit 3.28.090 Cancellation of Permit 3.28.100 Remedies Cumulative 3.28.110 Payment of tax and Delinquency 3.28.120 Monthly Statement of Dealer 3.28.130 Failure to File Monthly Statements 3.28.140 Billing Purchasers 3.28.150 Failure to Provide Invoice or Delivery Tag 3.28.160 Transporting Motor Vehicle Fuel in Bulk 3.28.170 Exemption of Export Fuel 3.28.190 Fuel in Vehicle Coming into City Not Taxed 3.28.200.. Fuel sold or Delivered to Dealers 3.28.210 Refunds 3.28.220 Examination and Investigations ., 3.28.230 Limitation on Credit for Refund or Overpayment and on Assessment of Additional Tax. 3.28.240 Examining Books and accounts of Carrier of Motor Vehicle Fuel 3.28.250 Records to be Kept by Dealers 3.28.260 Records to be Kept Three Years 3.28.270 Use of Tax Revenues 3.28.010 Short Title. The provisions of this Chapter shall be known and may. be cited as the "City of Central Point Motor Vehicle Fuel Tax Ordinance". 3.28.015 Purpose. The purpose of the motor vehicle fuel tax is to raise revenues necessary for the construction, reconstruction, improvement, repair, maintenance, operation and use of the public street system in the city. 3.28.020 Definitions. As used in this ordinance, unless the context requires otherwise: "Dealer" means any person who: a. Imports or causes to be imported motor vehicle fuel for sale, use or distribution in, and after the same reaches the city,. but "Dealer" does not include any person who imports into the city motor vehicle fuel in quantities of 500 gallons or less purchased from a supplier who is licensed as a dealer under this ordinance and who assumes liability for the payment of the applicable motor vehicle fuel tax to the city; or b. Produces, refines, manufactures or compounds motor vehicle fuels in the city for use, distribution or sale in the city; or c. Acquires in the city for sale, use or distribution in the city motor vehicle fuel with respect to which there has been no motor vehicle fuel tax previously incurred. "Distribution" means, in addition to its ordinary meaning, the delivery. of motor vehicle 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 fuel is withdrawn directly for sale or for delivery into the fuel tanks of motor vehicles whether or not the service station, tank or storage facility is owned, operated or controlled by the dealer. "Highway" means every way, thoroughfare and place of whatever nature, open for use of the public for the purpose of vehicular travel "Motor Vehicle" means all vehicles, engines or machines, movable or immovable, operated or propelled by the use of motor vehicle fuel. ~. ~ 2 ~ "Motor Vehicle Fuel" means and includes diesel and gasoline and any other flammable or combustible gas or liquid, by whatever name such as diesel and gasoline, gas or liquid 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 the propulsion of motor vehicles upon the highways. "Person" includes every, natural person, association, firm, partnership, corporation, joint venture or other business entity. "Service Station" means and includes any place operated for the purpose of retailing and delivering motor vehicle fuel into the fuel tanks of motor vehicles. "Tax Administrator" means the city. administrator, the city administrator's designee, or any person or entity with whom the city administrator contracts to perform those duties. 3.28.030 Tax Imposed. A motor vehicle fuel tax is imposed on every dealer. The tax imposed shall be paid monthly to the tax administrator. The tax administrator is authorized to exercise all supervisory and administrative powers with regard to the enforcement, collection and administration of the motor vehicle fuel tax, including all powers specified in ORS 319.010 to 319.430. 3.28.040 Amount and Payment. 1. In addition to any fees or taxes otherwise provided for bylaw, every dealer engaging in the dealer's own name, or in the name of others, or in the name of the dealer's representatives or agents in the city, in the sale, use or distribution of motor vehicle fuel, shall: a. Not later than the 25th day of each calendar month, render a statement to the tax administrator or duly authorized agent of all motor vehicle fuel sold, used or distributed by the dealer in the city as well as all such fuel sold, used or distributed in the city by a purchaser from the dealer upon which sale, use or distribution the dealer has assumed liability for the applicable motor vehicle fuel tax during the preceding .calendar month. b. Pay a motor vehicle fuel tax computed on the basis of 3 cents per gallon of such motor vehicle fuel so sold, used or distributed as shown by such statement in the manner and within the time provided in this ordinance. In the event that the State of Oregon increases taxes on motor vehicle fuel, the City, which receives a share of those taxes, shall reduce the rate established by this 30 section so that the City's total revenue from fuel taxes remains what it would have been without the State or County increases. 2. In lieu of claiming.refund of the tax as provided in Section 3.28.210, or of any prior erroneous payment of motor vehicle fuel tax made to the city by the dealer, the dealer may. show such motor vehicle fuel as a credit or deduction on the monthly statement and payment of tax. 3. The motor vehicle fuel tax shall not be imposed wherever it is prohibited by the Constitution of laws of the United States or of the State of Oregon. 3.28.050 Permit Requirements. No dealer shall sell, use or distribute any motor vehicle fuel until the dealer has secured a dealer's permit as required in this chapter. 3.28.060 Permit Applications and Issuance. 1. Every person, before becoming a dealer in motor vehicle fuel in this city, shall make an application to the tax administrator for a permit authorizing such person to engage in business as a dealer. 2. Applications-for the permit must be made on forms prescribed, prepared and furnished by the tax administrator. 3. The applications shall be accompanied by a duly acknowledged certificate containing: a. The business name under which the dealer is transacting business. b. The address of the applicant's principal place of business and location of distributing stations in the city. c. 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. 4. If an application for a motor vehicle fuel dealer's permit is complete and has been accepted for filing, the tax administrator shall issue to the dealer a permit in such form as the tax administrator may prescribe to transact business in the city. The permit so issued is not assignable, and is valid only for the dealer in whose name it is issued. 5. The tax administrator shall keep and file all applications with an alphabetical index, together with a record of all permitted dealers. 31 3.28.070 Failure to. Secure Permit. 1. If any dealer sells, distributes or uses any motor vehicle fuel without first filing the certificate and securing the permit required by Section 3.28.060, the motor vehicle fuel tax shall immediately be due and payable on account of all motor vehicle fuel so sold, distributed or used. 2. The tax administrator shall proceed forthwith to determine, from as many available sources as the tax administrator determines reasonable, the amount of tax due, and shall assess the tax in the amount found due, together with a penalty, of 100% of the tax, and shall make a certificate of such assessment and penalty. In any suit or proceeding to collect such tax or penalty or both, the certificate shall be prima facie evidence thatsuch dealer is indebted to the city, in the amount of the tax and penalty stated. 3. Any tax or penalty so assessed may be collected in the manner prescribed in section 3.28.110 with reference to delinquency in payment of the tax or by action at law. 4. 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 other sums provided bylaw. 3.28.080 Revocation of Permit. The tax administrator may revoke the permit of any dealer who fails to comply with any provision of sections 3.28.020 to 3.28.270. The tax administrator shall mail by certified mail addressed to such dealer at the dealer's last known address appearing.on the files of the tax administrator, a notice of intention to cancel. The notice shall give the reason for the cancellation. The cancellation 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. 3.28.090. Cancellation of Permit. The tax administrator may, upon written request of a dealer, cancel a permit issued to the dealer. The tax administrator shall, upon approving the dealer's request for cancellation, set a date not later than 30 days after receipt of the written request, after which the permit shall no longer be effective. 2. The tax administrator may, after 30 days' notice has been mailed to the last known address of the dealer, cancel the permit of the dealer upon finding that the dealer is no longer engaged in the business of a dealer. 3~ 3.28.100 Remedies Cumulative. Except as otherwise provided in Sections 3.28.110 and 3.28.130, the remedies provided in Sections 3.28.070, 3.28.080 and 3.28.090 are cumulative. No action taken pursuant to those sections shall relieve any person from the penalty provisions of this code. 3.28.110 Payment of Tax and Delinquency. The motor vehicle fuel tax imposed by sections 3.28.030 and 3.28.040 shall be paid to the tax administrator on or before the 25th day of each month. 2. Except as provided in subsections (3) and (4) of this section, if payment of the motor vehicle fuel tax is not paid as required by subsection (1) of this Section, a penalty of one percent of such motor vehicle fuel tax shall be assessed and be immediately due and payable. 3. Except as provided in subsection (4) of this section, if payment of the tax and penalty, if any, is not made on or before the 1st day of the next month following_that month in which payment is due, a further penalty of 10 percent of the tax shall be assessed. Said penalty shall be in addition to the penalty provided for in subsection (2) of this section, and shall be immediately due and payable. 4. Penalties imposed by this section shall not apply if a penalty has been assessed and paid pursuant to section 3.28.070. The tax administrator may for good cause shown waive any penalties assessed under this section. 5. If any person fails to pay the motor vehicle fuel tax or any, penalty provided for by-this section, the tax and/or penalty shall be collected from that person for the use of the city. The tax administrator shall commence and prosecute to final determination in any court of competent jurisdiction an action to collect the same. 6. In the event any suit or action is instituted to collect the motor vehicle fuel tax 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 other sums provided by law. 7. No dealer who collects from any person the tax provided for in this chapter shall knowingly and willfully fail to report and pay the same to the City as required in this ordinance. 33 3.28.120 Monthly Statement of Dealer. Every dealer in motor vehicle fuel shall provide to the tax administrator on or before the 25th day of each month, on forms prescribed, prepared and furnished by the tax administrator, a statement of the number of gallons of motor vehicle fuel sold, distributed or used by the dealer during the preceding calendar month. The statement shall be signed by the dealer or the dealer's agent. All statements filed with the City, as required in this section, are public records. 3.28.130 Failure to File Monthly Statements. If a dealer fails to file any statement required by Section 3.28.120, the tax administrator shall proceed forthwith to determine from as many available sources as the tax administrator determines to be reasonable the amount of motor vehicle fuel sold, distributed or used by such dealer for the period unreported, and such determination shall in any proceeding be prima facie evidence of the amount of such fuel sold, distributed or used. The tax administrator shall immediately assess the dealer for the motor vehicle fuel tax upon the amount determined, adding a penalty of ten percent of the tax. The penalty shall be cumulative to other penalties provided in this code. 3.28.140 Billing Purchasers. Dealers in motor vehicle fuels shall render bills to all purchasers of motor vehicle fuel. The bills shall separately state and describe the different products sold or shipped and shall be serially numbered except where other sales invoice controls acceptable to the tax administrator are maintained. 3.28.150 Failure to Provide Invoice or Delivery Tag. No person shall receive and accept motor vehicle fuel from any dealer, or pay for the same, or sell or offer the motor vehicle fuel for sale, unless the motor vehicle fuel is accompanied by.an invoice or delivery tag showing the date upon which motor vehicle fuel was delivered, purchased or sold, and the name of the dealer in motor vehicle fuel. 3.28.160 Transporting Motor Vehicle Fuel in Bulk. Every person operating any conveyance for the purpose of hauling, transporting or delivering motor vehicle fuel in bulk shall, before entering upon the public highways of the city with such conveyance, have and possess during the entire time of the hauling or transporting of such motor vehicle fuel, an invoice, bill of sale or other written statement showing the number of gallons, the true name and address of the seller or consignor, and the true name and address of the buyer or consignee, if any, of the same. The person hauling such motor vehicle fuel shall at the request of any officer authorized by law to inquire into or investigate such matters, produce and offer for inspection the invoice, bill of sale or other statement. 3.28.170 Exemption of Export Fuel. The motor vehicle fuel tax imposed by sections 3.28.030 and 3.28.040 shall not be imposed on motor vehicle fuel: a. Exported from the city. by a dealer; or 3~ b. 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 maybe required. 2. In support of any exemption from motor vehicle fuel taxes claimed under this section other than in the case of stock transfers or deliveries in the dealer's own equipment, every dealer must execute and file with the tax administrator an export certificate in such form as shall be prescribed, prepared and furnished by the tax administrator, containing a statement, made by some person having .actual knowledge of the fact of such exportation, that the motor vehicle fuel has been exported from the city, and giving. such details with reference to such shipment as the tax administrator may require. The tax administrator 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 tax administrator may, in a case where tax administrator believes no useful purpose would be served by filing of an export certificate, waive the filing of.the certificate. 3. Any motor vehicle fuel carried from the city in the fuel tank of a motor vehicle shall not be considered as exported from the city. 4. No person shall, through false statement, trick or device, or otherwise, obtain motor vehicle fuel for export as to which the city tax has not been paid and fail to export the same, or any portion, or cause the motor vehicle fuel or any portion not to be exported, or divert or cause to be diverted the motor vehicle fuel or any portion to be used, distributed or sold in the city and fail to notify the tax administrator and the dealer from whom the motor vehicle fuel was originally purchased of such person's act. 5. No dealer or other person shall conspire with any person to withhold from export, or divert from export or to return motor vehicle fuel to the city for sale or use so as to avoid any of the fees imposed under this ordinance. 6. In support of any exemption from taxes on account of sales of motor vehicle fuel in individual quantities of 500 gallons or less for export by the purchaser, the dealer shall retain in the dealer's 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 tax administrator. This certificate shall be prima facie evidence of the exportation of the motor vehicle fuel to which it applies only if accepted by the dealer in good faith. ~~ 3.28.175 Sales to Armed Forces Exempted. The license tax imposed by sections 3.28.030 and 3.28.040 shall not be imposed on any motor vehicle 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 tax administrator 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 cerkificate. 3.28.190 Fuel in Vehicle 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 fuel for such person's own use only and for the purpose of operating such motor vehicle without securing a permit or paying the tax provided in Sections 3.28.030 and 3.28.040, or complying with any of the provisions imposed upon dealers under this ordinance, but if the motor vehicle 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 fuel into the city shall be subject to all the provisions applying to dealers. 3.28.200 Fuel Sold or Delivered to Dealers. A dealer selling. or delivering .motor vehicle fuel to dealers is not required to pay a motor vehicle fuel tax on such fuel. 2. The dealer in rendering monthly statements to the city as required by Sections 3.28.040 and 3.28.120 shall show separately. the number of gallons of motor vehicle fuel sold or delivered to dealers. 3.28.210 Refunds. Refunds will be made pursuant to ORS 319.280 to 319.320. Claim forms for refunds may be obtained from the tax administrator's office. 3.28.220 Examination and Investigations. The tax administrator, or duly authorized agents, may make any examination of accounts, records, stocks, facilities and equipment of dealers, service stations and other persons engaged in storing, selling or distributing, motor vehicle fuel or other petroleum product or products within this city, and such other investigations as it considers necessary in carrying out the provisions of sections 3.28.020 through 3.28.270. If the examinations or investigations disclose that any reports of dealers or other persons filed with the tax administrator pursuant to the requirements of this ordinance, have shown incorrectly the amount of gallonage or motor vehicle fuel distributed or the tax accruing on the fuel, the tax administrator 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 disclosed by its examinations or investigations. The dealer shall reimburse the city for reasonable costs of the examination or investigation if the action disclosed that the dealer paid 95 percent or less of the tax owing for the period of the examination or investigation. In the event that such examination or investigation results in an 3~ assessment by and an additional payment due to the city, such additional payment shall be subject to interest at the rate of 18 percent per year from the date the original tax payment was due. 3.28.230 Limitation on Credit for or Refund of Overpayment and on Assessment of Additional Tax. .Except as otherwise provided in this ordinance, 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 years after the date on which the overpayment was made to the city. 2: 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 ordinance shall be served on dealers within three years from the date upon which such additional taxes become due, and shall be subject to penalty as provided in section 3.28.110. 3.28.240 Examining Books and Accounts of Carrier of Motor Vehicle Fuel. The tax administrator or duly authorized agents may at any time during normal business hours examine the books and accounts of any, carrier of motor vehicle fuel operating within the City for the purpose of enforcing the provisions of this ordinance. 3.28.250 Records to be Kept by Dealers. Every dealer in motor vehicle fuel shall keep a record in such form as may be prescribed by the tax administrator of all purchases, receipts, sales and distribution of motor vehicle fuel. The records shall include copies of all invoices or bills of all such sales and shall at all times during. the business hours of the day be subject to inspection by the tax administrator or authorized officers or agents of the tax administrator. 3.28.260 Records to be Kept Three Years. Every dealer shall maintain and keep, for a period of three years, all records of motor vehicle 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 tax administrator. In the event such records are not kept within the state of Oregon, the dealer shall reimburse the tax administrator for all travel, lodging, and related expenses incurred by the tax administrator in examining such records. The amount of such expenses shall be an additional tax imposed by section 3.28.030. ~~ 3.28.270 Use of. Tax Revenues. 1. For the purposes of this section, net revenue shall mean the revenue from the tax imposed by.sections 3.28.020 through 3.28.270 remaining after providing for the cost of administration and any refunds and credits authorized under this ordinance. 2. The net revenue shall be used only. for the construction, reconstruction, improvement, repair, maintenance, operation and use of public highways, roads and streets within the city. 38 Emergency Ordinance CPMC 11.12 SDC Fees STAFF REPORT May 14th, 2009 AGENDA ITEM: CENTRAL POINT SDC ORDINANCE REVISIONS System development charge ordinance revisions. Additional information Phil Messina, City Administrator Deanna Gregory, City Recorder 1. In order to stimulate and encourage the development of new single-family dwelling starts within the City of Central Point, the proposed ordinance revisions allow payment of system development charges to be deferred at the request of the property owner until final building occupancy is requested. Conclusion /recommendation Staff is recommending.approval of the proposed ordinance revisions. Attachment: 1. SDC deferral agreement Administrator's Office 39 ORDINANCE NO. AN ORDINANCE PERMITTING THE DEFERRAL OF SYSTEM DEVELOPMENT CHARGES ON SINGLE-FAMILY DWELLINGS BY AMENDING CHAPTER 11.12 OF THE CENTRAL POINT MUNICIPAL CODE AND. DECLARING AN EMERGENCY Recital: In order to stimulate and encourage the development of new single-family dwelling starts within the City of Central Point, payment of system development charges may be aeterred at the re uest of the roe owner until final buildin occu anc is re uested. Note: Words lipe~tl4reare deleted and words underlined below are added to the Central Point Municipal Code. THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, DO ORDAIN AS FOLLOWS: Section 1. Section 11.12.090 (A) of the Central Point Municipal Code is amended to read: 11.12.090 Collection of charge. A. Except as provided in section 11.12.095 the Tqe systems development charge is payable upon issuance of: 1. A building or construction permit of any kind, including any permit or permits issued in connection with the set-up or installation of any trailer, mobile or manufactured home; 2. A development permit; 3. A development permit for development not requiring the issuance of a building, permit; 4. A permit to connect to the water system; 5. A permit to connect to the sanitary sewer system; 6. A permit to connect to the drainage and flood control system; or 7. A permit to connect to the transportation system. Section 2. Section 11.12.095 is added to the Central Point Municipal Code. 11.12.095. Deferral of Systems Development Charae Be.,ginnina on the effective the request of the property owner until final buildina inspection or expiration of buildina permit. whichever comes first. Ordinance No. (051409) 40 A- Deferral Limitations. No person or legal entity shall own or have anx interest in, in whole or inpart, in excess of six properties on which deferrals are pending at the same time. B. Payment Upon Conveyance. In the event that the real property on C. or conveyed, the charges deferred shall become immediately due and payable to the City. Sale or conveyance includes either actually selling, conveying or assigning any or all of the property or any ~or and a consent to assessment of the amount of the fees or charges city administrator or designee. The city administrator or designee paid at final building inspection or expiration of building permit or if the property is sold or conveyed as described in subsection 11.12.095.8. Upon the entry and recordation being made the assessments shall constitute a lien upon the property which received the deferred charge. Section 3. Declaration of Emergency. The Council finds that deferral of system development charges as provided in section 2 of this ordinance is necessary for the immediate economic stimulation and encouragement of single-family dwellings within the City of Central Point and therefore an emergency exists and this Ordinance shall take effect upon adoption by the Council and approval by the Mayor. Passed by the City Council and signed by me in authentication of its passage this _ day of , 2009. ATTEST: Mayor Hank Williams City Representative Approved by me this day of , 2009. Mayor Hank Williams Ordinance No. (051409) 41 CITY OF CENTRAL POINT APPLICATION TO DEFER SDC CHARGES (SINGLE FAMILY ONLY) AND CONSENT TO ASSESS LIEN The undersigned owners of the property described below apply to the City of Central Point to defer payment of the system development charges (SDCs) of $ for the single-family dwelling to be constructed on this property. In making this request, the undersigned owners understand and agree: 1. The deferment expires upon final building inspection or expiration of building permit, whichever comes first, and the amount specified above becomes immediately due and payable without further notice from the City. 2. In the event that the real property on which the SDCs have been deferred is sold or conveyed, the charges shall become immediately due and payable to the City. Sale or conveyance includes either actually selling, conveying or assigning any or all of the property Or any or all of the owner's interest in the property. 3. In the event that the SDCs are not paid when due, the owners consent to the voluntary imposition of a lien for the amount of the deferred SDCs upon the below described property in the City of Central Point, Jackson County, Oregon. If a lien is recorded, the owners agree to pay the fees associated with recording the lien and removal of the lien at Jackson County Deeds and Records. Description of property: Site address: ,Central point, Oregon 97502 Map and Tax Lot: SEE ATTACHED LEGAL PROPERTY DESCRIPTION Billing.Name and Address: The undersigned persons represent and agree: A. We are all of the legal owners of the described land or all of the contract purchasers of record of the described land to which these charges are applicable. B. We waive any and all irregularities or defects, jurisdictional, or otherwise, in any proceedings to impose, calculate and collect these charges, and in the imposition and collection of the lien consented to in this application. C. We promise to pay these charges when final building inspection is requested or upon expiration of building permit, whichever comes first, or at such time the real property is sold or conveyed, if such sale or conveyance occurs prior to final building inspection or building permit expiration. Print Name of Owner Si nature of Owner Date Phone # Print Name of Owner Si nature of Owner Date Phone # Print Name of Owner Si nature of Owner Date Phone # Print Name of Owner Si nature of Owner Date Phone # STATE OF OREGON ) ss. County of Jackson ) The foregoing instrument was executed before me this day of My commission expires: ' Notary Public of Oregon ~~