HomeMy WebLinkAboutCAP100914CITY OF CENTRAL POINT
Central Point
City Council Meeting Agenda
City ball
October 9, 2014
541-664-3321
City Council
Next Res. 1413
Mayor
Next Ord. 1996
Hank Williams
Ward
I. REGULAR ME ETI NG CALLE D TO ORDER -7:00 P. M.
Bruce Dingler
II. PLEDGE OF ALLEGIANCE
Ward II
Kelly Geiger
Development
III. ROLL CALL
Ward III
Ellie George
IV. PUBLIC APPEARANCES —Comments will be limited to 3 minutes per
Ward IV
individual ors minutes if representing a group or organization.
Allen Broderick
Portions of Central Point Municipal Code Chapter 16
V. SPECIAL PRESENTATION - VIPS Graduation
At Large
Subdivisions in Regards to Structures over City
David Douglas
Rick Samuelson
VI. CONSENTAGENDA
Page 2 -9 A. Approval of September 11, 2014 Council Minutes
VII. ITEMS REMOVED FROM CONSENT AGENDA
Administration
Chris Clayton, City
Manager
VIII. PUBLIC HEARING,
ORDINANCES, AND RESOLUTIONS
Deanna Casey, City
Recorder
11-31 A.
Ordinance No. ___, Amending Central Point
Municipal Code Chapter 3.24 Transient Room Tax
Community
(Clayton)
Development
Tom Humphrey,
Director
34-41 B.
Public Hearing — First Reading An Ordinance Amending
Portions of Central Point Municipal Code Chapter 16
Finance
Subdivisions in Regards to Structures over City
Bev Adams, Director
Easements (Samitore)
Human Resources
Barb Robson, Director
IX. BUSINESS
Parks and Public
Works
43-50 A.
Review of Rogue Disposal & Recycling's Annual
Matt Samitore,
Consumer Price Index Based Rate Adjustment (Clayton)
Director
Jennifer Boardman,
-- B.
Enterprise Zone Adoption Update (Humphrey)
Manager
Police
-- C.
Planning Commission Report(Humphrey)
Kris Allison Chief
X. MAYOR'S REPORT
XI. CITY MANAGER'S REPORT
XII. COUNCIL REPORTS
XIII. DEPARTMENT REPORTS
XIV. EXECUTIVE SESSION —ORS 192.660 (2)(e) and 192.660 (2)(h)
The City Council may adjourn to executive session under the provisions of ORS 192.660
(2) (e) Real Property Transactions and (h) Legal Counsel. Under the provisions of the
Oregon Public Meetings Law, the proceedings of an executive session are not for
publication or broadcast.
XV. ADJOURNMENT
Consent Agenda
CAP100914 Page
CENTRAL POINT
City Council Meeting Minutes
September 11, 2014
I. REGULAR MEETING CALLED TO ORDER
Mayor Williams called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE
Chief Allison provided a time line of the September 11 events and a moment of
silence was held prior to the Pledge of Allegiance.
III. ROLL CALL: Mayor: Hank Williams
Council Members: Allen Broderick, Bruce Dingler, Kelly
Geiger, and Rick Samuelson were present. David Douglas
and Ellie George were absent.
City Manager Chris Clayton; City Attorney Sydnee Dreyer;
Police Chief Kris Allison; Community Development Director
Tom Humphrey; Finance Director Bev Adams; Parks and
Public Works Director Matt Samitore; Captain Brian Day;
IT Manager Jason Richman; and City Recorder Deanna
Casey were also present.
IV. PUBLIC APPEARANCES - None
V. CONSENT AGENDA
A. Approval of August 14, 2014 City Council Minutes
B. Approval of Proclamation for Mayor's United Month
Allen Broderick moved to approve the Consent Agenda as presented. Kelly
Geiger seconded. Roll call: Hank Williams, yes; Bruce Dingler, yes; Kelly Geiger,
yes; Allen Broderick, yes; and Rick Samuelson, yes. Motion approved.
VI. ITEMS REMOVED FROM CONSENT AGENDA - None
VII. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. Public Hearing/Ordinance No. 1994, Amending Ordinance No. 1992
Central Point Municipal Code Chapter 3.30 Marijuana and Marijuana -
Infused Product Tax and Declaring an Emergency
City Manager Chris Clayton explained after discussion and adoption of
Ordinance 1992 the City Council expressed that they would like the option to
amend the tax in the future. Future adjustment of the rate may be necessary if
public safety costs/impacts are not completely mitigated by the initial rates. The
proposed amendments set a rate ceiling of twenty-five percent and allow future
adjustment by council resolution. Legal analysis suggests that the twenty-five
percent ceiling is reasonable and legally defensible.
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He explained the proposed state-wide tax structure on the sale of legalized
marijuana. Taxes collected under the state structure would be placed in an
account and distributed by the Oregon Liquor Control Commission.
City Staff is recommending an emergency clause for this ordinance because
there will not be a second meeting in September and the ordinance must be in
effect prior to the November election.
There was discussion if the Council should consider increasing the tax to the limit
this evening to discourage this type of business in Central Point. The majority of
Council members were satisfied with the current rate but like that there is an
option to increase it in the future if it is warranted.
Mayor Williams opened the public hearing.
Kay Harrison, Central Point resident.
Mrs. Harrison stated that she understands the situation being pushed upon the
Cities and Counties by decisions made at the State level. She understands the
need for medical marijuana, but is not in favor of marijuana for recreational use.
Taxes are not going to cover the cost of issues that will arise because of this
issue but it may help.
Mayor Williams closed the public hearing.
Kelly Geiger moved to approve Ordinance No. 1994, Amending Ordinance
No. 1992 Central Point Municipal Code Chapter 3.30 Marijuana and
Marijuana -Infused Product Tax and Declaring an Emergency. Allen Broderick
seconded. Rall call: Hank Williams, yes; Bruce Dingler, yes; Kelly Geiger, yes;
Allen Broderick, yes; and Rick Samuelson, yes. Motion approved.
B. Second Reading, Ordinance No. 1995, Amending Central Point
Municipal Code Chapter 5.24 Adult Businesses
Mr. Clayton explained that this is the second reading of an ordinance updating
the Municipal Code relating to adult businesses. During recent changes to the
Municipal Code the City Attorney noticed that several changes needed to be
made to the Adult Business License section. Definitions were outdated and the
elimination of chapter 5.24.030 section B regarding Planning Commission
Discretion.
There were no recommended changes at the first reading and public hearing on
August 14, 2014. Council inquired about not allowing these types of businesses
in Central Point at the first reading. City Attorney Dreyer stated that the city can
regulate place and time but cannot disallow the type of business.
Allen Broderick moved to approve Ordinance No. 1995, Amending Central
Point Municipal Code Chapter 5.24 Adult Businesses. Kelly Geiger
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seconded. Rall call: Hank Williams, yes; Bruce Dingler, yes; Kelly Geiger, yes;
Allen Broderick, yes; and Rick Samuelson, yes. Motion approved.
C. Public Hearing/First Reading, An Ordinance Amending Central Point
Municipal Code Chapter 3.24 Transient Lodging Tax
Mr. Clayton explained that a recent review of the Central Point transient lodging
tax has revealed the need to amend, clarify, and redefine portions of chapter
3.24. Many of the processes, definitions, collection procedures and penalties
described in the chapter warranted an update. The proposed amendments are
aimed at providing clear understanding of the process and procedure for
businesses and residents subject to provisions of this specific tax.
Staff is not recommending an increase to the lodging tax rate. Research has
indicated that Central Point's current rate of 9% is consistent with both Ashland
and Medford and is reasonable for the state of Oregon. The 2014/15 budget
projections show transient lodging tax revenue of $390,000.
In reviewing definitions we did clarify vacation rentals and bed and breakfasts for
Central Point. There is currently no way to regulate a tax on these types of
rentals in Central Point. We do not require a business license for them, and they
are not registered with the City. There are cities in the area where these types of
businesses could bring in tax revenue but Central Point does not have the
industry at this time to put regulation in place to try and track them. Staff is not
recommending implementing a tax on these types of businesses at this time, but
it could be reviewed and implemented in thefuture.
Mayor Williams opened the public hearing. No one came forward and the public
hearing was closed.
Bruce Dingier made a motion to move to second reading An Ordinance
Amending Central Point Municipal Code Chapter 3.24 Transient Lodging
Tax. Kelly Geiger seconded. Roll call: Hank Williams, yes; Bruce Dingler, yes;
Kelly Geiger, yes; Allen Broderick, yes; and Rick Samuelson, yes. Motion
approved.
D. Resolution No. 1410, Authorizing the City Manager to Sign the Twin
Creeks Crossing Project Letter of Understanding
Parks and Public Works Director Matt Samitore explained that the City of Central
Point was awarded a grant in the amount of $2,670,000 for the construction of
the Twin Creeks Rail Crossing associated with the 2015-2018 Oregon Surface
Transportation Improvement Program (STIP Grant). This grant requires a match
of $994,406.55. The City has reached an agreement with Twin Creeks
Development, LLC for $500,000 towards its share of the crossing. Twin Creeks
will also be obligated to complete an additional $250,000 of estimated costs of
the project including the irrigation and sewer relocation, and construction of the
Griffin Creek and Twin Creeks Crossing Floodway overflow culverts.
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With both of these agreements in place the City's contribution will be a maximum
of $244,406.55, but could be substantially less depending on how much value is
associated with the work that is currently underway. This Resolution allows the
City manager to sign a Project letter of Understanding. A formal legally binding
agreement will be required prior to acceptance of the funds.
Allen Broderick moved to approve Resolution No. 1410, Authorizing the
City Manager to Sign the Twin Creeks Crossing Project Letter of
Understanding. Rick Samuelson seconded. Rall call: Hank Williams, yes; Bruce
Dingier, yes; Kelly Geiger, yes; Allen Broderick, yes; and Rick Samuelson, yes.
Motion approved.
E. Resolution No. 1411, Recommending Adoption of an Agreement
Between the City of Central Point and the Oregon State Department
of Consumer and Business Services, Building Codes Division
Information Technology Director Jason Richmond explained that ORS 455.095
provides that Oregon State Department of Consumer and Business Services
develop a system to manage and carry out the building inspection programs for
municipalities. To fund the program the state implemented a 4% fee on permits
to build and operate the system. Many of the local agencies have already
implemented this ePermitting system. It will be beneficial for the City of Central
Point, it's contractors, and citizens by providing a unified online system across all
agencies for permitting services.
There is no fiscal impact to the city because the system is funded through a fee
that has been collected through building permits. We expect the program to be
up and running in the first part of November. Most of the work will be done by the
state through their end of the system and it will be managed by the state. All
municipalities will be using the same system so citizens and developers will know
the process no matter where they go when it comes to building permits and
inspections.
Allen Broderick moved to approve Resolution No. 1411, Recommending
Adoption of an Agreement between the City of Central Point and the
Oregon State Department of Consumer and Business Services, Building
Codes Division. Kelly Geiger seconded. Roll call: Hank Williams, yes; Bruce
Dingler, yes; Kelly Geiger, yes; Allen Broderick, yes; and Rick Samuelson, yes.
Motion approved.
F. Resolution No. 1412, Recommending Adoption of an Agreement
between the City of Central Point and the Central Point Chamber of
Commerce for Contract operation for the City's Visitor Information
Center.
Mr. Clayton stated that the previous agreement between the City and the Central
Point Chamber of Commerce expired December 31", 2013. The Chamber has
been in a period of transition during recent months and is currently concluding
the process of selecting new leadership. This transitional period has allowed the
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City to review and revise portions of the agreement for contract services of the
Visitors Information Center (VIC). He explained several changes to the proposed
agreement that were recommended by the Chamber and the City. These can be
agreed to by the City Council and then ratified by the Chamber at their next
Board meeting.
The City will be reducing the amount paid to the Chamber in order to recuperate
the amount that was overpaid to them last year. There will be changes made to
the reporting requirements and a Council or City representative will be allowed at
the Chamber Board meetings.
Council Member Geiger stated that the City has been very helpful in assisting the
Chamber during this time and he has been grateful. Things should be turning
around for the Chamber and he is confident that the Board will agree to the
suggestions made tonight and ratify the agreement at their next meeting. He
would like to abstain from the vote because he is on the Chamber Board and
does not feel that he should vote on this issue.
Rick Samuelson made a motion to approve Resolution No. 1412,
Recommending Adoption of an Agreement between the City of Central
Point and the Central Point Chamber of Commerce for Contract operation
for the City's Visitor Information Center with recommended changes. Allen
Broderick seconded. Roll call: Hank Williams, yes; Bruce Dingler, yes; Kelly
Geiger, abstain; Allen Broderick, yes; and Rick Samuelson, yes. Motion
approved.
VIII. BUSINESS
A. Water Treatment Facility Engineering Feasibility Discussion
Mr. Clayton explained that during a previous council discussion, he was directed
to have the City Engineer develop a scope of work and cost estimate for a
feasibility analysis studying infrastructure -related issues for the Northwest Urban
Reserve area (NWURA). The NWURA is not adjacent to the City's existing water
system infrastructure. When the City provides water to this area, significant
improvements will be needed to expand the existing water system. The purpose
of this preliminary study is to evaluate the feasibility of developing an
independent source of supply to serve the NWURA and to expand the
independent source of supply to eventually serve the City's entire water system.
Critical infrastructure planning will also be performed to determine the water
system facilities and general location of those facilities.
Complicating this issue is the current rate analysis being performed by the
Medford Water Commission (MWC). One aspect of the MWC's study includes
diverting all Big Butte Springs water to inside Medford Customers at a lower rate,
leaving the more expensive water supplied from the Rogue River for the other
municipalities to use. Should the MWC Board select this option, Central Point's
current rates could be significantly impacted. Such an impact would further justify
the exploration of water supply options outside of the current supply from MWC.
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The proposed feasibility study has a projected cost of $27,619. This study was
not specifically identified in the 2014/2015 budget; however, the project could be
funded via discretionary funds or a supplemental budget.
There was discussion that the City of Central Point will always have a
relationship with the MWC, we have joint lines and connections. The feasibility
study would be specifically for the NWURA. In order to supply the entire city from
our own water source it would be a long tens solution and something that would
need a long tens planning and funds. Council was in agreement that there is not
a rush to complete the study and we should wait for the next budget process to
have it approved. City staff should plan to do this study in the 2015/2016 budget
year. At that time we will also know the results of the MWC rate study and what
they plan to do with their findings.
IX. MAYOR'S REPORT
Mayor Williams reported that:
• He attended the Water Commission meeting, they are in the process of
reviewing the water rate study.
• He attended a lunch with Peoples Bank, they have some very interesting
business propositions for the City.
• He attended a meeting with Rogue Community College representatives.
They are interested in locating a campus in Central Point.
• He will be attending the League of Oregon Cities Conference at the end
of the month.
X. CITY MANAGER'S REPORT
Mr. Clayton reported that:
• The Jackson County will be building a new Municipal Court building on
Hamrick across from the Super 8. They will be annexing the property into
the City and building a new location. They have agreed to allow a Police
Department Substation within this building.
• There is a Study Session on Monday night.
• He will be attending the League of Oregon Cities Conference at the end
of the month in Eugene. We will be receiving a CIS Safety Award.
• There will be an Executive Session tonight to discuss real property
transactions.
XI. COUNCIL REPORTS
Council Member Bruce Dingler— No Report.
Council Member Rick Samuelson reported that he attended an RVCOG meeting
where they talked about local gardeners and the bus transit between Medford
and Grants Pass.
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Council Member Kelly Geiger reported that he attended a SOREDI meeting
where they were updated on the EDGE campaign. He has been working with the
Chamber Board on hiring their new CEO Lisa O'Connor.
Council Member Allen Broderick reported that:
• He attended the Multicultural Committee meeting. There are currently 3
members on that Committee. They are dedicated and want to continue
but would like the Council to expand their option for membership. He
proposed to change the Ordinance to allow business owners or teachers
who don't live in the city limits be members on this committee.
• He attended the Parks Foundation meeting and would like to propose
bringing back to Council the BOB donation. He recommends an annual
donation of $10,000 made to the Parks Foundation out of the Battle of the
Bones proceeds every year.
• He would like to see an Airport sign and a Highway 62 sign at the Central
Point Exit. There is no reason for 1-5 traffic to go all the way into Medford
and then back track to the Airport. Mr. Samitore will look into the signage
issue.
XII. DEPARTMENT REPORTS
Finance Director Bev Adams reported that the new City Auditors have been here
this week.
Parks and Public Works Director Matt Samitore reported that there is a delay on
the Highway 99 repaving project because of some issues with RVSS.
Police Chief Kris Allison reported that there will be an Open House this Saturday
at the Police Department, along with the Citywide Yard Sale and a bike rodeo.
Information Technology Director Jason Richmond reported that the city is
working on a new phone system that should be up and running late next week.
Community Development Director Tom Humphrey reported that:
• He attended a SOREDI breakfast for recruiting businesses from out of
state.
• RVACT will be talking about the Exit 33 changes in November.
• He will be working on the Urban Growth Expansion with Jackson County
Planning Commission; there will be several joint meetings between the
County and the City regarding this expansion.
• There are new businesses interested in the Destination Boot Camp
process. He will be starting up again in October for anyone that is
interested in joining the group.
XIII. EXECUTIVE SESSION — ORS 192.660 (2)(e) Real Property Transactions
Kelly Geiger made a motion to adjourn into executive session under ORS
192.660 (2)(e) Real Property Transactions. Rick Samuelson seconded. All said
"aye" and the meeting was adjourned to executive session at 8:36 p.m.
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The Council returned to regular session at 9:00 p.m. No further action was taken.
XIV. ADJOURNMENT
Rick Samuelson moved to adjourn, Kelly Geiger seconded, all said "aye" and the
Council Meeting was adjourned at 9:02 p.m.
The foregoing minutes of the September 11, 2014, Council meeting were approved by
the City Council at its meeting of October 9, 2014.
Dated:
Mayor Hank Williams
ATTEST:
City Recorder
Return to Agenda
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Ordinance
Transient Room Tax
Amendments
CAP100914 Page 10
A
CENTRAL
POINT
ADMINISTRATION DEPARTMENT
140 South 3rtl Street Central Point, OR 97 SO2 (S41) 664-7602 www.rentra l pointoregon.gov
STAFF REPORT
October 9, 2014
AGENDA ITEM: Ordinance No. An ordinance amending Central Point Municipal
Code Chapter 3.24 — transient lodging tax
STAFFSOURCE:
Chris Clayton, City Manager
Sydnee Dreyer, City Attorney
BACKGROUND/SYNOPSIS:
A recent review of the Central Point transient lodging tax revealed the need to amend, clarify, and
redefine portions of Central Point Municipal Code (CPMC) chapter 3.24. Many of the processes,
definitions, collection procedures and penalties described in CPMC chapter 3.24 warranted
updating. The proposed amendments are aimed at providing clear understanding of process and
procedure for businesses/residents subject to provisions of the Central Point transient lodging tax.
FISCAL IMPACT:
Although the proposed revisions are extensive, staff is not recommending an increase to the
transient lodging tax rate. Staff research indicates that Central Point's current rate of 9% is
consistent with both Ashland and Medford. Furthermore, a review of similar taxes throughout the
state of Oregon indicates that a 9% transient lodging tax is reasonable, and not at a level that
warrants adjustment.
The 2014/2015 budget projects 5390,000 in transient lodging tax revenue during the current fiscal
cycle.
ATTACHMENTS:
I. Ordinance amending chapter 3.24 of the Central Point Municipal Code allowing future
adjustment of the transient lodging tax.
RECOMMENDATION:
City staff is recommending adoption of the attached ordinance amendments.
PUBLIC HEARING REQUIRED
No Public Hearing was offered on September 11, 2014.
SUGGESTED MOTION:
I move to approve Ordinance number amending Central Point Municipal Code chapter 3.24
transient lodging tax.
Return to Agenda
CAP100914 Page 11
ORDINANCE NO.
AN ORDINANCE AMENDING CENTRAL POINT -MUNICIPAL CODE
CHAPTER 3.24 TRANSIENT ROO VI TAX
Recitals:
A. Words hired through are to be deleted and words in bold are added.
B. A recent review of the Room Tax revealed the need to amend, clarify and redefine
portions of the code.
C. the proposed amendments are aimed at providing clear understanding of process
and procedure.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION I. Chapter 3.24 Transient Room Tax is hereby amended to read as follows:
Chapter 3.24
TRANSIENT ROONILODGING TAX
Sections:
3 24.010 Definitions.
3 24.020 Tax imposed.
3 24.030 Rules for collection of tax by opennorOperator.
3 24.040 Operator's duties.
3 24.050 Exemptions.
3 24.060 Operator's registration form and certificate of authority.
3 24.070 Collections, returns and payments.
3 24.080 Delinquency penalties.
3 24.090 Deficiency determinations.
a on n n n.... ... a i.,,,
Ordinance No. , (091114)
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1 On 100 R d,I,FPain-4: on
3 24.130 Security for collection of tax.
3 24.140 Liens.
3 24.150 Refunds by issued by city400ye nor.
q --14 4-W Refunds by
3 24.170 Refunds by opennewOperator to transient.
3 24.180 Records required from opKatF>FOperator--Examination
3 24.190 Confidentiality.
3 24.200 Disposition and use of transient room tax funds.
3 24.210 Appeals to the city council.
3 24.220 , and ,a.;Violations.
3 24.230 ,z m.,, , E-Alecl n Actions to Collect.
3.24.010 Definitions.
For purposes of this chapter, the following definitions apply:
"Accrual accounting" means a system of accounting in which the openum Operator enters the
rent due from a transient into the record when the rent is earned, whether or not it is paid.
"Bed and Breakfast " means a single-famih dwelling, or part thereof, other than a motel,
hotel or multiple famih dwelling, where traveler's accommodations and breakfast are
provided for a fee on a daily or weekly room rental basis
"Cash accounting" means a system of accounting in which the ope+atku Operator does not enter
the rent due from a transient into the record until the rent is paid.
"Council/city council" means the city council of Central Point, Oregon.
-"Hotel- " means apaFt-ofaam structureIhat, or am portion of am structure which is
occupied or intended or designed for transient occupancy lby uan;ients for 30 days or less for
dwelling, lodging, or sleeping including apurposes, and includes any hotel, inn, tourist home or
house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house,
public or private dormitory, fraternity, sorority, public or private club,bin.
Ordinance No. , (091114)
CAP100914 Page 13
trailer at a fixed location, recreational vehicle and trailer park, or similar structure or portionsand
also means space or portion thereof so occupied, provided such occupancy is for twenty-seven
Fless than a 30 -day period.
"Occupancy" means use or possession of, or the right to use or possess, a room in
ledgingza sleepingor rooms or any portion thereof for transient lodgings.
"OperatoC' means a person who is the proprietor of a bote[transient lodging facility in any
capacity. When an operakeriOperator's functions are performed through a managing agent of a
type other than an employee, the managing agent shall also be considered an opet aka Operator.
For purposes of this chapter, compliance by either the operaku Operator or the managing agent
shall be considered compliance by both.
`Person' means an individual, firm, partnership, joint venture, association, social club, fraternal
organization, fraternity, sorority, public or private dormitory, joint stock company, corporation,
estate, trust, business trust, receiver, trustee, syndicate, or another group or combination acting as
a unit.
"Rent" means the ���total retail price, including all charges other
,"a.Tthan taxes, paid by a person for occupancy of the transient lodging. The total
retail price paid by a person for occupancy of transient lodging that is part
of a travel package may be determined by reasonable and verifiable standards from books
and records kept in the ordinary course of the transient lodging Operator's
business. where the consideration cJcharge includes both food and rent in a single
rate, the amount applicable to rent for determination of transient room tax under this
chapter shall be the same charge made for rent of the identical room when it is not a part
of a package plan.
"Tax" means either the tax payable by the transient or the aggregate amount of taxes due from an
opetaua Operator during the period for which the opet aunOperator is required to report
collections.
fax administrator"Director" means the city of Central Point city manager, or his designee.
Ordinance No. , (091114)
CAP100914 Page 14
"Transient" means an individual who occupies or is entitled to occupy space in a hoteltransient
lodging facilih for a period of twenty-seventhirtr (30) consecutive days or less, counting
portions of days as full days. The day a transient checks out of a hotel shall not be included in
determining the tV, cut'. Se', e;.thirh day period if the transient is not charged rent for that day. A
person occupying space in a hoteltransient lodging facility shall be considered a transient until
a period of tare�,,;thirh (30) days has expired unless there is an agreement in writing
between the opetannOperator and the occupant providing for a longer period of occupancy or
the tenant actually extends occupancy more than tv,.cut,. s 3,, enthirtr (30) consecutive days. A
person who pays for lodging on a monthly basis, regardless of the number of days in the month,
shall not be considered a transient.
"°transient Lodging" means hotel, tied and breakfast, or ampart thereof, which are used
or designed for occupancy by transients for dwelling, lodging or sleeping purposes and
which are rented or intended for rent on a daily or weekly basis, or any period of thirty
(30) days or less to transients for a charge or fee paid or to be paid for rental or use of
facilities.
3.24.020 Tax imposedlmposed.
At or the privilege of occupancy in any transient lodging facility, a transient shall pay a tax in
the amount of nine percent of the rent charged for the privilege of occupancy in a hoteltransient
lodging facility in the city. The tax constitutes a debt owed by the transient to the city, and the
debt is extinguished only when the tax is remitted by the Prot atop Operator to the city. The
transient shall pay the tax to the opet ann Operator at the time rent is paid. The
openion Operator shall enter the tax into the record when rent is collected if the
openion Operator keeps records on the cash accounting and when earned if the
openion Operator keeps records on the accrual accounting basis. If the rent is paid in
installments, a proportionate share of the tax shall be paid by the transient to the
operator Operator with each installment. The unpaid tax is due upon the transient's ceasing
to occupy space in the transient lodging. In all cases, rent paid or charged for occupancy shall
exclude the sale of goods, services or commodities.
3.24.030 Rules for collection of tax by operaIor0perator.
.................................................................................................................................................................................................
Ordinance No. , (091114)
CAP100914 Page 15
A. Every operalor renting space for lodging m sleeping shall collect a lax from the occupant the
lax col Iccled or accrued Coll dilWes a debt owed by the operalor to IIIc city.
B.A. In cases of creditor deferred payment of rent, the payment of tax to the operalorOperator
may be deferred until the rent is paid, and the poet a torOperator shall not be liable for the tax
until cam, an rent is paid or deferred payments are made. Adjustments may be made for
uncollectible accounts.
CB. The la- adruiri, a -no, Director shall enforce this chapter and may adopt rules and
regulations necessary for enforcement.
AJC. The rent collected on portions of a dollar, fractions of a penny of tax, shall not be remitted.
3.24.040 Operator's duties.
An operalm Operator shall collect the tax when the rent is collected from the transient. The
amount of tax shall be stated separately in the opei annr'sOperator's records and on the receipt
given by the opei lout Operator. An opei lamOperator shall not advertise that the tax will not be
added to the rent, that a portion of it will be assumed or absorbed by the opei almOperator, or
that a portion will be refunded, except in the manner provided in this chapter.
3.24.050 Exemptions.
The tax shall not be imposed on:
A. An occupant staying for more than Iwenly-seven daysthirty (30) consecutive days, or a
person paying for lodging on a monthly basis regardless of the number of days in the
month;
B. A person who rents a private home, vacation cabin or similar facility from an owner who
personally rents the facility incidentally to the owner's personal use, except a Bed and
Breakfast;
C. Any occupant whose rent is paid for a hospital room or to a medical clinic, convalescent
home, or home for aged people, or to a public institution owned and operated by a unit of the
government.
Ordinance No. , (091114)
CAP100914 Page 16
D. Any room donated to a non-profit organization claiming exemption under IRS code 501;
E. Any home occasionally exchanged with a home outside the City without payment of
rent;
E. Any person housed through an emergency shelter or disaster program where the rends
paid with government assistance funds;
G. Any Eederal Government employee traveling on official government business, who
presents an official Government Exemption Certificate or official travel authorization.
3.24.060 Operator's registration form and certificate of authority.
A. Evcry person engaging or about to engage in business as an operant Each Operator of a
hotel in transient lodging facility within the cityCity shall register said business with the tax
administrator, on a form provided by the tax a� iri, a - o, Director, within fifteen days after
gcommencing business.
B. The registration form shall set forth the name in which an ope+ann Operator transacts or
intends to transact business, the location of his place or places of business and such other
information to facilitate the collection of the tax as the tax a.,-n,d,.:,:�,.onDirector may require.
The registration shall be signed by the openom Operator.
C. The tax adminisoalm Director shall, within ten days after registration, issue without charge a
certificate of authority to each registrant to collect the tax from the occupant, together with a
duplicate thereof for each additional place of business of each registrant. Certificates shall be
nonassignable and nontransferable and shall be surrendered immediately to the tax
.,d,,�.o,Director upon the cessation of business at the location named or upon its sale or
transfer. EuCh 0elfilkille. ac,
000HIMPIS and lieISMIS Seeking 000LIINIPO�. Failure 10 legklel d0c; 1101 lefieN e !he Offluml !!our
collecting the tax or a person from paying the tax.
D. Each certificate of authority shall state the place of business to which it applies, shall be
prominently displayed—. +tK4 therein so as to be seen and be readily apparent to all transients
Ordinance No. , (091114)
CAP100914 Page 17
seeking occupancy. Failure to register does not relieve the Operator from collecting the tax
or a person from paving the tax. 'Phe certificate of authority shall set forth:
1. The name of the o nOperator;
2. The address of the hole transient lodging facility;
3. The date the certificate was issued;
4. The following statement: "This transient occupancy registration certificate signifies that the
person named on the certificate has fulfilled the requirements of the transient rexrndodging tax
ordinance of the city of Central Point by registering with the 1-v adruir, a -it(), Director for the
purpose of collecting the room tax imposed by the city of Central Point and remitting the tax to
the lax ad min i sit ang.Director. This certificate does not authorize any person to conduct any
unlawful business or to conduct any lawful business in an unlawful manner, or to operate a
hole transient lodging facility without strictly complying with all local applicable laws,
including but not limited to those requiring a permit from any board, commission, department or
office of the city of Central Point. This certificate does not constitute a permit."
3.24.070 Collections, returns and payments.
.................................................................................................................................................................................................
A. I he taxes collected by an operator arc payable to the lax administrator on a quarterly basis on
the Gfleenlh day of the followine month for the precedine Ihree monlhS and arc delinquent on the
las! div, of _ '.Every Operator shall, on or before the fifteenth
(15') day of the month following the end of each calendar quarter (in the months of April,
July, October and January) file a return with the Director, on forms provided by the City,
specifying the total rent subject to this chapter and the amount of tax collected under this
chapter. A return shall not be considered filed until it is actually received by the Director.
If the return is mailed, the postmark shall be considered the date of delivery for
determining delinquencies. The initial return may be for less than the three months preceding
the due date. The quarters are:
First quarter: January, February, March
Second quarter: April, May, June
Ordinance No. , (091114)
CAP100914 Page 18
Third quarter: July, August, September
Fourth quarter: October, November, December
B. A return ! hov, inP !ax collecron! lot dre pleceding unit[ iel ! hall be filed v, idl fln' lax
an x.
D. Returns shall show the amount of tax collected or due for the related period. The UP
.,Q..,aDirector may require returns to show the total rentals on which the tax was
collected or is due, gross receipts of the opei ang Operator for the period, a detailed explanation
of any discrepancy between the amounts, and the amount of rentals exempt.
.i ani rre.-r.rrled, w he
FL.-C. At the time the return is filed, the full amount of the tax collected shall be remitted
to the Director. Payments received by the Director for application against existing
liabilities will be credited toward the period designated by the taxpayer under conditions
that are not prejudicial to the interest of the City. A condition considered prejudicial
is the imminent expiration of the statute of limitations for a period or periods
D. Von -designated payments shall be applied in the order of the oldest liability first, with
the payment credited first toward any accrued penalty, then to interest, then to the
underhing tax until the payment is exhausted. Crediting of a payment toward a specific
reporting period will be first applied against any accrued penalty, then to interest,
then to the underhing tax. If the Director, in his or her sole discretion, determines that an
alternative order of payment application would be in the best interest of the City in a
particular tax or factual situation, the Director may order such a change. The
Director may establish shorter reporting periods for any Operator if the Director
deems it necessary in order to ensure collection of the tax. The Director also may
Ordinance No. , (091114)
CAP100914 Page 19
require additional information in the return relevant to payment of the liability. When
a shorter return period is required, penalties and interest shall be computed according
to the shorter return period. Returns and payments are due immediately upon cessation
of business for any reason. All taxes collected by Operators pursuant to this chapter
shall be held in trust for the account of the Cit until payment is made to the Director. A
separate trust bank account is not required in order to comply with this provision.
E. For good cause, the no Director may extend the time for filing a return or
paying the tax for not more than one month. Further extension may be granted only by the city
council. An operatm Operator to whom an extension is granted shall pay interest at the rate of
one percent per month on the amount of tax due, without proration for a fraction of a month. If a
return is not filed and if the tax and interest due are not paid by the end of the extension granted,
the interest shall become a part of the tax for computation of penalties prescribed in
Section 3.24.080.
.;—.�-no, F. Every Operator required to remit the tax imposed in this
chapter shall he entitled to retain five percent (50/) of all taxes due to defray the costs of
bookkeeping and remittance.
G. Every Operator must keep and preserve in an accounting format established by the
Director records of all sales made by the dispensary and such other books or accounts as
may be required by the Director. Every Operator must keep and preserve for a period
of three (3) years all such books, invoices and other records. The Director shall have
the right to inspect all such records at all reasonable times.
H. The Director may require returns and payment of the taxes for other than monthly/quarterly
periods in individual cases to ensure payment or to facilitate collection by the city.
3.24.080 Delinquency peunitiesTenalties
A. An operator who has not been granted an extension of time for remittance of tax due and Any
Operator who fails to remit the tax ta im to definquen�any portion of any tax imposed by
this chapter within the time required shall pay a penalty of ten percent (10°/,) of the
amount of the tax dide in addition
Ordinance No. , (091114)
CAP100914 Page 20
B. An operator who has not been granted an extension of time tot remittance of tax due and who
fails to pay a
A. Any Operator who fails to remit any delinquent remittance on or before are
c zn4err11 period of.:,::-,�-. nAI days following the date on which the remittance first
became delinquent, shall pay a second delinquency penalty of fifteen percent (1,0%) of the
amount of the tax cktc.in addition to the amount of the tax,- and the tea -ye+cent penalty first
imposed.
C_
B. If the tax adminisuann Director determines that the nonpayment of aany remittance
due under this chapter is due to fraudr ut:.x, a penalty of twenty-five
percent (2,0%) of the amount of the tax shall be added thereto in addition to the penalties
stated in , Jlb, u,o subparagraphs A and B of this section.
I}
C. In addition to the penalties imposed by this section, an operator, any Operator who
fails to remit the iequaedan.y tax imposed by this chapter shall pay interest at the rate of one
percent (10/,,) per month, v ithoutan mitiotu of . month, or fraction thereof on the
amount of the taxes, exclusive of penalties, from the date on which the myremittance first
became delinquent until paid.
k t a'. ,
D. Every penalty imposed, and aresuch interest das accrues under the provisions
of this section, shall be mereed with and become a part of the tax required to be paid.
I. An oper nm Operator who fails to remit the tax within the required time may petition the
city council for waiver and refund of the penalty or a portion of it. The council may, if good
cause is shown, direct a refund of the penalty or a portion of it. (n.d. 1 v - a(pai 9914 Any
such hearing will be conducted under the procedures described in section 3.24.210.
3.24.090 Deficiency determinations.
A.- If the
C(anp to andDirector determine the amount [eq i,;ed to 1r!laid oil tile 1xisis of tile facts
cdamcd�that a return is incorrect, that required reports or returns m up n, tile Imsis of
Ordinance No. , (091114)
CAP100914 Page 21
any information within the tax administrators possession or that may conic into his or her
possession
B. A deficiency determination may be made on the amount chic lin one or more than one period.
The determined amount shall be payable immediately on service of notice, after which the
determined amount is delinquent. Penalties on dclicicncics shall be applied as provided in
Section 324.080.
C. In making a determination, the tax administrator may offset overpayments that have not been
made against a deficiency for a snbsequcnt period or against penalties and interest on the
deficiency. I he interest on the dclicicncy shall bC computed as provided in Section 3.24.080.
D. A determination becomes payable immediately on receipt of notice and becomes final within
fifteen days after mailing. However, the operator may Pctition lin redemption and refund by
filing a petition More the determination becomes final. (Ord 1707 §I(part). 1994).
..............................................................................................................................................................................................
A. If an operator fails or refuses to collect the tax, make the filed, that a report m remit the tax,
. a is fraudulent return, or that as Operator has otherwise w l pmrSfailed to
- ad comply with the tax fun mentterms of this chapter, the ne adinan, n -no,Director shall
proceed in such manner as deemed best to obtain facts and information on which to base
:nathe estimate of. . All - (I ( - mining tile tax due and tile ancle! t and pernflue! . tile
.tax due. As soon as the Director
shall procure such facts and information as is able to be obtained, upon which to base
the assessment of any tax imposed by this chapter and payable by any Operator, the
Director shall proceed to determine and assess against such Operator the tax, interest
and penalties provided for by this chapter.
R. I-) ( - Planation and robe shall b roul -aid inailed v, ithin tin cc caP allot di! evy, or,, of
determination become! paNable immediatek on occeipt of notice and become! !quit! fificen day
allot mailing.
G. Pie openum non petition fin redemption and ocund it the petition i! !if d b4o, Ih
final.
Ordinance No. , (091114)
CAP100914 Page 22
D. the tax administrator shall give the operator written notice of the determination. If notice is
mailed it shall be addressed to the operator at the address that appeals on the records of the tax
administrator, and service is Complete when the notice is deposited in the mail.
E. Except in the case of fraud or intent to Cvade the tax, a deficiency determination shall be made
and notice mailed within three years after the last day of the month following the close of the
quarterly pcliod for which the determination has been made or within three years after the return
is filed, whichever is later. (Ord 1707 §I(part), 1994).
lithe tax administrator believes that Collection of the tax will bcjcopardizcd by delay, or it a
determination will be jeopardized by delay.. the tax administrator shall determine the tax to be
Collected and note facts concerning the delay on the determination. The dctcrmincd amount is
payable immediately alter service of the notice. Ager payment has been made, the operator may
petition for redemption and rclund of the determination tithe petition is filed within fifteen days
bona the date of mailing of notice by the tax administrator. (Ord 1707 $ Hpart). 1994).
A. An operator against whom a determination is made under
Section 324.090_. 324.100 or 324.110_. or a person directly interested. may petition for a
redetermination. redemption and rclund within Iiltecn days Ilona the date the notice was mailed.
II a petition for redetermination and rclund is not tiled within the time required. the
determination is final on expiration ofthe allowable time.
B. II a petition Ior redetermination and rclund is Bled within the allowable period. the tax
administrator shall reconsider the determination and. if the operator requCsted a hearing in the
petition. shall grant the hearing and give the operator hitecn days notice ofthe time and place of
the hearing. The tax administrator may ContinuC the hearing if necessary.
C. The tax administrator may change the amount of the determination as a result of the hearing.
II an increase is dctcrmincd. the increase is payable immediately alter the hearing.
D. The decision of the tax administrator on a petition for redetermination becomes final hitecn
days alter mailing ofnotice on the petitioner unless appeal of the decision is tiled with the
Council within hhCCn days alter noticC is mailed.
Ordinance No. , (091114)
CAP100914 Page 23
E. A petition for redetermination or an appeal is not effective unless the operator has complied
with the payment provisions. (Ord 1707 § I (part). 1994).
B. In case such determination is made, the Director shall give a written notice of the
amount so assessed by having it served personally or by depositing it in the United
States mail, postage prepaid, addressed to the Operator so assessed at the last known
place of address. Any deficiency is due and payable 10 days after the Director serves its
written notice. The Operator may appeal such determination as provided in section
3.24.210 within 10 days of service of the deficiency notice. If no appeal is filed, the
Director's determination is final and the amount thereby is immediateh due and
payable.
C. Except as provided herein, every deficiency determination shall be made and notice
mailed within 3 years after a return was originally filed or subsequently amended,
whichever period expires later. In the case of the filing of a false or fraudulent return
with the intent to evade this chapter, a failure to file a required return, or willful refusal to
collect and remit the tax, a deficiency determination may be made, or a proceeding for the
collection of such deficiency may be commenced, at any time.
3.24.130 Security for collection of tax.
A. The tax adminisuatco Director may require an operatorOperator to deposit security in the
form of cash, bond or other security. The amount of security shall be fixed by the tax
adru ,Director and shall not be greater than twice the opet atorsOperator's estimated
average quarterly liability for the period for which the opetatmOperator files returns or five
thousand dollars, whichever amount is less.
B. Within three years after the tax becomes payable or within three years after a detennination
becomes final, the tax adruaDirector may bring an action in the name of the city in the
courts of this state, another state or the United States to collect the amount delinquent and
penalties and interest.
3...
....... 24 ...... 140 ...... Liens ............
Ordinance No. , (091114)
CAP100914 Page 24
After a determination of taxes owing has become final, such taxes, together with all applicable
interest and penalties, shall become a lien on the real property used in the operation of the hotel.
transient lodging facility.'fhe Director shall cause the lien to be recorded
in the city's lien docket, and the lien may thereafter be foreclosed in the same manner as in the
case of liens for local improvements, as set forth in Oregon Revised Statutes 223.505 to 223.595.
3.24.150 Refunds issued by city to operatorCity.
14 h�aA. Whenever the amount of any tax, penakN oi interest or penalty has been overpaid or
paid more than once, or has been erroneously or illegally collected or received by the hast
a(hu a mCity under this chapter, it may be refunded ifas provided in subparagraphs (B)
and (C) of this section, provided a . i iia aisl m'_. claim in writing therefore, stating under
penalty of perjury the specific reason Imgrounds upon which the claim is founded, is filed
with the Director within three (3) years fromof the date of payment. The claim must be on
forms furnished by the Director.
B. An Operator may claim a refund, or take as credit against taxes collected and remitted,
the amount overpaid, paid more than once or erroneously or illegally collected or received
when it is established in a manner prescribed by the Director that the person from whom
the tax has been collected was not a transient; provided, however, that neither a refund nor
a credit shall be submitted on forms provided byallowed unless the amount of the tax
administrator. If the claim is approved, the excesS amount may beso collected has either been
refunded to the opemt transient or it nur, he credited to an amount rent subsequently payable
by the openian and anN_. balance i efunded. "O °O° ° " ', °O^'.transient to the Operator.
1.24.160 Rr nds oC. A transient.
��ill-it tax .,-as may obtain a refund of taxes overpaid or paid more than
once, or erroneously or illegally collected or received by the ,:.x adruin ua rbe
r City, by filing a claim in the manner provided in subparagraph (A) of this
section, but only when the tax was paid by the transient directly to the Director, or when
the transient if a written verified claim stating the sp cilic reason Rrr the claim is filed
Ordinance No. , (091114)
CAP100914 Page 25
withhaving paid the tax to the Operator, established to the tax administrator within three
ycarssatisfaction of the Director that the transient has been unable to obtain a refund from
the der .Operator who collected the tax.
D. No refund shall be paid under the provisions of this section unless the claimant
establishes that right hereto by written records showing entitlement thereto
3.24.170 Refunds by operaturOperator to transient.
................................................................................................................................................................................................
If the tax has been collected by the opemtorOperator and it is later determined that the transient
occupied the hotel for a period exceeding P-, cntt ;ac,, e,rthirty (30) days without interruption, the
opciatei Operator shall refund the tax to the transient. The op�Operator shall account for
the collection and refund to the ax aduuni, uawiDirector. If the opci at>FOperator has remitted
the tax prior to refund or credit to the transient, the o>FOperator shall be entitled to a
corresponding refund.
3.24.180 Records required from operatersOperators--Examination.
A. It shall be the duty of every operatorOperator liable for the collection and payment to the city
of any tax imposed by this chapter to keep and preserve, for a period of three years and six
months, all records, books, reports, income tax reports and other matters required by this chapter
as may be necessary to determine the amount of such tax as the o>FOperator may have
been liable for the collection of and payment to the city, which records the fr
.1dru.,r..., awi Director shall have the right to inspect at all reasonable times as set forth below.
Every opci shall maintain guest records of room rents, accounting books and
records of income. The opemtorsOperators must, at a minimum, include a daily room rental
register, a room billing/revenue daily journal, a cash receipt and deposit journal, and a cash
disbursements journal/check register for all authorized deductions. These records and books shall
reconcile to the transient room tax reports and be auditable. They shall also reconcile to the
opei 'sOperator's income tax reports. Ifthe'ax a wi Director finds the books and
records of the o�Operator are deficient in that they do not provide adequate support for
transient room tax reports filed, or the opei atei "sOperator's accounting system is inauditable, it
shall be the responsibility of the ope-r�Operator to improve their accounting system to the
satisfaction of the'axa u�.., awi Director.
Ordinance No. , (091114)
CAP100914 Page 26
B. During normal business hours and after notifying the operatcs Operator, the tax
administrator Director, or an authorized representative, may examine books, papers and
accounting records -i dat �d to iooui i �ata],, including the Operator's federal and state income
tax returns, to verify the accuracy of a return or, if no return is made, to determine the amount
to be paid.
3.24.190 Confidentiality.
................................................................................................................................................................................................
The ;;a,danni, P ,.Director or a person having an administrative or clerical duty under the
provisions of this chapter shall not make known in any manner the business affairs, operations or
information obtained by an investigation of records and equipment of a person required to file a
return or pay a transient occupancy tax or a person visited or examined in the discharge of
official duty; or the amount or source of income, profits, losses or expenditures contained in a
statement or application; or permit a statement or application, or a copy of either, or a book
containing an abstract or particulars to be seen or examined by any person. However, nothing in
this section shall be construed to prevent:
A. Disclosure to or examination of records and equipment by a city official, employee or agent
for collecting taxes for the purposes of administering or enforcing the provisions or collecting the
taxes imposed by this chapter;
B. Disclosure, after filing a written request, to the taxpayer, receivers, trustees, executors,
administrators, assignees and guarantors, if directly interested, of information concerning tax
paid, unpaid tax, amount of tax required to be collected, or interest and penalties. However, the
city attorney shall approve each disclosure, and the ta; admi ni, P ateiDirector may refuse to
make a disclosure referred to in this subsection when, in the IaN ad Praia„alw'aDirector's
opinion, the public interest would suffer;
C. Disclosure of names and addresses of persons making returns;
D. Disclosure of general statistics regarding taxes collected or business done in the city.
E. Presentation of evidence to the court, or other tribunal hav ing,jurisdiction in the
prosecution of any criminal or civil claim for amount due the Citi under this chapter; or
Ordinance No. , (091114)
CAP100914 Page 27
F. The disclosure of information when such disclosure of conditionally exempt information
is ordered under public records law procedures; or
G. The disclosure of records related to a business' s failure to report and remit the tax
when the report or tax is in arrears for over six months or the tax arrearage exceeds
$5,000.00. The City Council expressh finds and determines that the public interest in
disclosure of such records clearh outweighs the interest in confidentiality under ORS
192.501(5).
3.24.200 Disposition and use of transient room tax funds.
All revenues received by the city from the tax shall be deposited in the general fund
3.24.210 Appeals to the city council.
..............................................................................................................................................................................................
A. A poisonAni Operator aggrieved by aany decision of the Director with respect to
the amount of such taxf.;,ini- P lot, interest and penalties, if any, may appeal to the city
council by filing a notice of appeal with the tax administratorDirector within fifteen (IS) days
of mailing of the notice of a decision. The city manager shall fix a time and place for hearing the
appeal, as prescribed by the city council, and shall give the appellant fifteen days written notice
of the time and place of the hearing before the city council. At __ the council tua,
B.] lie appellant shall pay a nonrefundable appeal fee to facilitate the appeal. Appeal Fees
shall be set at $150 for each decision appealed, and may be adjusted by Resolution of the
city council.
C. The parties shall be entitled to appear personalh and by counsel and to present such
facts, evidence and arguments as may tend to support the respective positions on appeal.
D. The city council shall afford the parties an opportunity to be heard at an appeal hearing
after reasonable notice. The city council shall take such action upon the appeal it sees fit.
The city council shall at a minimum:
Ordinance No. , (091114)
CAP100914 Page 28
1) At the commencement of the hearing, explain the relevant issues invoked in the hearing,
applicable procedures and the burden of proof.
2) At the commencement of the hearing place on the record the substance of any written or
oral ex parte communications concerning any relevant and material fact in issue at the
hearing which was made outside the official proceedings during the pendency oft lie
proceeding. The parties shall be notified of the substance of the communication and the
right to rebut the communication. Notwithstanding the above, the parties are prohibited
from engaging in ex parte communications with the members of the cit} council.
3) Testimon} shall be taken upon oath or affirmation of the witnesses.
4) The city council shall ensure that the record developed at the hearing shows a full and
fair inquiry into the relevant and material facts for consideration for the issues proper[}
before the hearings officer.
5) W ritten testimony ma} be submitted under penalty of false searing for entry into the
record. All written evidence shall be filed with the City recorder no less than (5) five
working days before the date of the hearing.
6) The city council shall hear and consider an} records and evidence presented bearing
upon the Director's determination of amount due, and makefindings affirming,
reversing or modifying the determination.
7) Informal disposition ma} be made of an} case by stipulation, agreed settlement, consent
order or default.
F. The action of the Director shall be stayed pending the outcome of an appeal proper[}
filed pursuant to this section.
G. Failure to strictly comply with the applicable appeal requirements, including but not
limited to the required elements for the written notice of appeal, time for filing of the notice
of appeal, and payment of the applicable appeal fee, shall con stitute,j urisd fiction ,it defects
resulting in the summary dismissal of the appeal.
Ordinance No. , (091114)
CAP100914 Page 29
H. The findings of the cit} council shall be final and conclusive, and shall be served
upon the appellant in the manner prescribed above for service of notice of hearing.
Any amount found to be due shall be immediately due and payable upon the service of
notice.
3.24.220 "--n- ki— - nd • io' tion,
A. It is unlawful for any opena>FOperator or any other person so required to fail or
refuse to rcgistcr as rcquircd 11CMn, or to furnish any return required to be made, or fail or
refuse to furnish the supplementary return or other data required by the tax
"Imini- P tw Director or to enter a false or fraudulent report, with intent to defeat or evade
the determination of any amount due required by this chapter.
3.24.230 Penalties—Collection.
B. Violation of any provision of this chapter of this code shall be punishable by the
general penalty. Every day in which the violation is caused or permitted to exist constitutes
a separate infraction, and the punishment therefor shall be in addition to any other penalty,
interest, sum or charge imposed by this code or this chapter. Delinquent taxes and fees,
penalty and interest imposed by this chapter and this code may be collected in a civil
action.
C. The remedies provided by this section are not exclusive and shall not prevent the
City from exercising any other remedy available under the law, nor shall the provisions
of this ordinance prohibit or restrict the City or other appropriate prosecutor
from pursuing criminal charges under state law or City ordinance.
3.24.230 Actions to Collect
Any tax required to be paid by any transient under the provisions of this chapter shall be
deemed a debt owed by the transient to the City. Any such tax collected by an Operator
which has not been paid to the City shall be deemed a debt owed by the Operator to the
City. Any person owing money to the City under the provisions of this ordinance shall be
liable to an action brought in the name of the City of Central Point for the recovery of such
amount In lieu of filing an action for the recovery, the City, when taxes due are more than
Ordinance No. , (091114)
CAP100914 Page 30
30 days delinquent, can submit any outstanding tax to a collection agency. Solon as the
City has complied with the provisions set forth in ORS 697.105, in the event the Citi turns
over a delinquent tax account to a collection agency, it may add to the amount owing an
amount equal to the collection agency fees, not to exceed the greater of fifthdollars or fifh
percent of the outstanding tax, penalties and interest owning.
SECTION 2. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word Ordinance maybe 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 Whereas clauses and boilerplate provisions need not be codified and the City Recorder
is authorized to correct any cross-references and any typographical errors.
SECTION 3. Effective date. The Central Point City Charter states that an ordinance enacted by
the council shall take effect on the thirtieth day after its enactment. The effective date of this
ordinance will be the thirtieth day after the second reading.
Passed by the Council and signed by me in authentication of its passage this
day of , 2014.
Mayor Hank Williams
ATTEST:
City Recorder
Return to Agenda
Ordinance No. , (091114)
CAP100914 Page 31
Ordinance
Chapter 16
Amendments
CAP100914 Page 32
A
CENTRAL
POINT
ADMINISTRATION DEPARTMENT
140 South 3rtl Street Central Point, OR 97 SO2 (S41) 664-7602 www.rentra l pointoregon.gov
STAFF REPORT
September 30, 2014
AGENDA ITEM: First Reading of an Ordinance Amending Portions of Central Point
Municipal Code Chapter 16 Subdivision in regards to Structures over City Easements
Consideration of an ordinance amending portions of Chapter 16 Subdivisions in regards to
structures over city easements.
STAFFSOURCE:
Matt Samitore, Parks & Public Works Director
BACKGROUND/SYNOPSIS:
This past summer the City had to enforce several structures that were illegally constructed over
City utility easements. In trying to enforce the removal of the structures it became clear that the
current municipal code does not clearly define that structures are prohibited to be constructed over
the city easements.
The revised ordinance addresses the difference between a city easement and public utility easement
as well as defines what is allowed to be constructed over a city easement.
FISCAL IMPACT:
None.
ATTACHMENTS:
1. Ordinance revisions to the definitions section and the easements section are attached.
RECOMMENDATION:
City Staff: City staff recommends approving the first reading.
PUBLIC HEARING
Yes
SUGGESTED MOTION:
I move to second reading an ordinance amending portions of Central Point Municipal Code Chapter
16 Subdivisions in regards to structures over city easements.
Return to Agenda
CAP100914 Page 33
ORDINANCE NO.
AN ORDINANCE AMENDING PORTIONS OF
CENTRAL POIN 1' MUNICIPAL CODE CHAPTER 16 SUBDIVISIONS
IN REGARDS TO STRUCTURES OVER CUI'Y EASEMENTS
Recitals:
A. Words hired through are to be deleted and words in bold are added.
B. Chapter 16.08 Definitions is to be amended to include "City Utility Easement'
and "Structure".
C. Chapter 16.24.030 Blocks Easements will be amended to further clarify what is
allowed in a city utility easement.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLO\b'S:
SECTION I. Chapter 16.08 Definitions is hereby amended to read as follows:
Sections:
16.08.010 Definitions.
Chapter 16.08
DEFINI"LIONS
16.08.010 Definitions.
As used in this title the masculine gender includes the feminine and neuter gender and the
singular includes the plural. The following words and phrases, unless the context otherwise
requires, shall have the meanings assigned to them.
L "Alley' means a narrow street through a block primarily for vehicular service access to the
back or side of properties otherwise abutting on another street.
2. "Applicant' means the owner or contract purchaser of the property sought to be subdivided,
partitioned or developed, or the person duly authorized in writing by such person or persons to
act as agent to seek subdivision, partition or development, and in connection therewith, to bind
the property to any conditions thereof.
Ordinance No. , (100914)
CAP100914 Page 34
3. `Building line" means a line on a plat indicating the limit beyond which buildings or
structures may not be erected.
4. "City" means any representative of the city of Central Point authorized to make the decision in
question, including but not limited to the public works director, the city manager, the planning
commission or the city council.
5. "City Utility Easement' is an easement that is dedicated or granted for City water, sewer
or storm drain.
63. "Cul -de -sad' (dead-end street) means a short street having one end open to traffic and being
terminated by a vehicle turn -around.
7.6. "Development plan' means any plan as defined in Central Point Municipal Code
Section 15.16.010.
A. 7. "Easement' means a grant of the right to use a strip of land for specific purposes
9. 4. "Final plat' means the final map and other writing containing all the descriptions, locations,
specifications, provisions and information concerning a subdivision, and where applicable,
includes a partition plat prepared by a registered professional land surveyor.
10. S. "Flag lot' means a lot or parcel surrounded by other parcels on all sides and connected to
the public right-of-way by a privately owned driveway or easement for ingress and egress.
11.-48. "Half street' means a portion of the width of a street, usually along the edge of a
subdivision where the remaining portion of the street has been or could later be provided in
another subdivision.
12. 44 "Lot' means a parcel of land intended as a unit for transfer of ownership or for
development.
13. 4.2 "Major partition' means a partition which includes the creation of a road or street.
14. 44 "Minor partition' means a partition which does not include the creation of a road or street.
15. 4-4. 'Partition' means either an act of partitioning land or an area or tract of land partitioned
as defined by this chapter.
Ordinance No. , (100914)
CAP100914 Page 35
16 4-3. "Partition plat' means the final map and other writing containing all the descriptions,
locations, specifications, provisions and information concerning a major or minor land partition.
1746 "Partitioned land" means to divide an area or tract of land into two or three parcels within
a calendar year when such area or tract of land exists as a unit or contiguous units of land under
single ownership at the beginning of such year. "Partitioned land" does not include divisions of
land resulting from lien foreclosures; divisions of land resulting from the creation of cemetery
lots; and divisions of land made pursuant to a court order, including but not limited to court
orders in proceedings involving the state or intestate succession; and "partitioned land" does not
include any adjustment of a lot line by the relocation of a common boundary where an additional
parcel is not created and where the existing parcel reduced in size by the adjustment is not
reduced below the minimum lot size established by any applicable zoning ordinance.
184-7 "Pedestrian way" means a right-of-way for pedestrian traffic.
19 U "Person' means an individual, firm, partnership, corporation, company, association,
syndicate or any legal entity, and including any trustee, receiver, assignee or other similar
representative thereof.
201-9. "Planning commission' means the planning commission of the city.
21 2A. "Reversed corner lot' means a corner lot, the side street line of which is substantially a
continuation of the front lot line of the first lot to its rear.
22. 24 "Right-of-way" means all areas conveyed or dedicated to the public or city, or in actual
use by the public or city, for vehicular, pedestrian or utility use.
23 2_2. "Road' or "street' means a public or private way that is created to provide ingress or
egress for persons to one or more lots, parcels, areas or tracts of land.
24 23. "Roadway" means the portion or portions of street rights-of-way developed for vehicular
traffic.
252-4 "Sidewalk" means a pedestrian walkway with permanent surfacing.
26 24. 'Street' means the entire width between the boundary lines of every way which provides
for public use for the purpose of vehicular and pedestrian traffic and the placement of utilities
and includes the terms road, highway, avenue, alley or other similar designations.
Ordinance No. ,(100914)
CAP100914 Page 36
27. "Structure" means anything built or constructed, an edifice or building of any kind, or
any piece of work artificially built up or composed of parts joined together in some definite
manner. This includes, but is not limited to, carports, swimming pools, hot tubs, permanent
signs, above ground gas or liquid storage tanks, fences, railings, sheds, manufactured
homes, antennae, satellite dishes, well pump houses, mechanical equipment, and portable
buildings. It also includes tents, awnings, stands, carts, and tables, except those used
temporarily for an itinerant use. It does not include portable items solely for sale or
temporary storage on the premises, including manufactured homes, portable buildings,
and vehicles.
28 2-7. 'Subdivide land" means to divide a parcel of land into four or more parcels within a year.
29 29. 'Subdivision' means either an act of subdividing land or a tract of land subdivided as
defined in this chapter.
30 2_9. "Through lot' means a lot having frontage on two parallel or approximately parallel
streets other than alleys.
31 30. "Tentative plan' means the diagram and text containing all of the descriptions, locations,
specifications, provisions and information concerning a proposed subdivision or partition.
32 34. "Underground utilities" include all public and private services including but not limited to
electrical power, television cable, gas, telephone, sewer, water and storm sewer.
SECTION 2. Chapter 16.24 Blocks and Lots Design Standards is hereby amended to read as
follows:
Sections:
Chapter 1624
BLOCKS AND LO"I S --DESIGN S ANDARDS
16.24.010
Blocks—Length, width and shape.
16.24.020
Blocks—Sizes.
16.24.030
Blocks—Easements.
16.24.040
Lots—Uses.
16.24.050
Lots—Size and determination.
16.24.060
Through lots.
16.24.070
Lot side lines.
Ordinance No. , (100914)
CAP100914 Page 37
16.24.080 Large lot subdivision.
16.24.0 10 Blocks—Length width and shape.
The lengths, widths and shapes of blocks shall be designed with due regard to providing
adequate building sites suitable to the special needs of the type and use contemplated, needs for
convenient access, circulation, control and safety of street traffic and limitations and
opportunities of topography.
16.24.020 Blocks—Sizes.
Blocks shall not exceed twelve hundred feet in length except blocks adjacent to arterial streets or
unless the previous adjacent layout or topographical conditions justify a variation. The
recommended minimum distance between intersections on arterial streets is three hundred feet.
16.24.030 Blocks—Easements.
A. Utility Lines. Easements for electric lines or other non -city owned public utilities may be
required, and shall be a minimum of ten feet in width located on the exterior portion of a single
property. Easements for city utilities (i.e., water, storm drain and sanitary sewer mains) shall be a
minimum of fifteen feet in width located on the exterior portion of a single property. Tie -back
easements six feet wide by twenty feet long shall be provided for utility poles along lot lines at
change of direction points of easements.
1. Structures Located Within a City Utility Easement.
a. Except for public utilities and for signs when developed in accordance
with Chapter 15.24 (Sign Code) of this Code, no person shall locate,
construct, or continue to locate a Structure (as defined in chapter 16.08 of
the Central Point Municipal Code) within a City Utility Easement (as
defined in chapter 10.08 of the Central Point Municipal Code), except as
provided in subsections 1(b) and 2 below.
b. Notwithstanding the foregoing, the City may approve fencing, concrete
block walls/fencing, retaining walls, and similar fencing/wall structures
that are otherwise in compliance with the Building Code, and with the
clearance provisions noted herein, over an easement subject to the
following requirements:
i. Said fencing or wall structures that interfere with the installation,
maintenance, access, or operation of a public utility or City utility
Ordinance No. , (100914)
CAP100914 Page 38
may be removed by the utility provider or the City at the sole cost of
owner.
ii. Any replacement or relocation of the fencing or wall structures
shall be at the sole cost of the property owner or occupant.
iii. Owners and occupants of property shall not be entitled to
compensation for damages related to removal of the fencing or wall
structures.
2. Grass, Asphalt, and Concrete Installed Within a City Utility Easement
a. Subject to the limitations of the Building Code, lawful owners and
occupants of property may install grass, asphalt and concrete within a
City Utility Easement.
b. In the course of installing, accessing, maintaining, or operating its
facilities in a City Utility Easement, a public utility or the City as the
case may be, may move or remove any asphalt, concrete, or vegetation
located within said easement. After the same are moved or removed
and after completion of the necessary work, the grass, asphalt or
concrete shall be repaired and replaced in a reasonable manner at the
sole cost of the public utility or City.
C. Owners and occupants of property shall not be entitled to
compensation related to damages to grass, asphalt, or concrete so long
as the repairs and replacement are done in a reasonable manner and
in a reasonable time frame.
B. Watercourses. Where a subdivision is traversed by a watercourse, drainage way, channel or
stream, there may be required a stormwater easement or drainage right-of-way conforming
substantially with the lines of such watercourse, and such further width as will be adequate for
the purpose. Streets, parkways or access roads parallel to major watercourses may be required.
C. Pedestrian Ways. In any block over seven hundred fifty feet in length a pedestrian way may
be required. The minimum width of the pedestrian right-of-way must be at least six feet in width
which shall be hard surfaced through the block and curb to curb in order to provide easy access
to schools, parks, shopping centers, mass transportation stops or other community services. If
conditions require blocks longer than twelve hundred feet, two pedestrian ways may be required
for combination pedestrian way and utility easement. When essential for public convenience,
Ordinance No. ,(100914)
CAP100914 Page 39
such ways may be required to connect to cul-de-sacs. Long blocks parallel to arterial streets may
be approved without pedestrian ways if desirable in the interests of traffic safety
A. The city may, in its discretion, deny approval for the creation of any lot by any manner if the
effect of such creation of lot would be to facilitate perpetuation of a nonconforming use.
B. No lot shall be created unless it is in compliance with all applicable provisions of this code.
16.24.050 Lots—Size and determination.
Lot sizes shall conform with the zoning ordinance and shall be appropriate for the location of the
subdivision and for the type of development and use contemplated. In the case of irregular lots,
the width shall be measured along the front building line. In no case shall the average depth be
more than two and one-half times the width. Corner lots for residential use shall have sufficient
width to permit appropriate building setback from and orientation to both streets
A. In areas that cannot be connected to sewer lines, minimum lot sizes shall be sufficient to
permit sewage disposal by an engineered system in accordance with Department of
Environmental Quality, Jackson County environmental quality section, and public works
standards. Such lot sizes shall conform to the requirements of the Jackson County environmental
quality section.
B. Where property is zoned and planned for business or industrial use, other widths and areas
may be required, at the discretion of the city. Depth and width of properties reserved or laid out
for commercial and industrial purposes shall be adequate to provide for the off-street service and
parking facilities required by the type of use and development contemplated.
16.24.060 1hrou¢h lots.
Through lots shall be avoided except where essential to reduce access to primary or secondary
arterial streets or streets of equivalent traffic volume, reduce access to adjacent nonresidential
activities, or to overcome specific disadvantages of topography and orientation. A planting
screen easement of at least ten feet may be required along the line of lots abutting such adjacent
street. There shall be no right of access across such planting screen easements.
16.24.070 Lot side lines.
Ordinance No. , (100914)
CAP100914 Page 40
The side lines of lots shall run at right angles to the street upon which the lots face, as far as
practicable, or on curbed streets they shall be radial to the curve.
16.24.080 Large lot subdivision.
In subdividing tracts into large lots which at some future time are likely to be resubdivided, the
location of lot lines and other details of the layout shall be such that the resubdivision may
readily take place without violating the requirements of these regulations and without interfering
with the orderly development of streets or other utilities. Restrictions of building locations in
relationship to future rights-of-way shall be made a matter of record if the city considers it
necessary.
SECTION 3. Codification. 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 Whereas clauses and boilerplate provisions need not be codified and the City Recorder
is authorized to correct any cross-references and any typographical errors.
SECTION 4. Effective date. The Central Point City Charter states that an ordinance enacted by
the council shall take effect on the thirtieth day after its enactment. The effective date of this
ordinance will be the thirtieth day after the second reading.
Passed by the Council and signed by me in authentication of its passage this
day of , 2014.
Mayor Hank Williams
ATTEST:
City Recorder
Return to Agenda
Ordinance No. , (100914)
CAP100914 Page 41
Business
Rogue Disposal Rate
Increase Review
CAP100914 Page 42
A
CENTRAL
POINT
ADMINISTRATION DEPARTMENT
140 South 3rtl Street- Central Point, OR 97502-(541)664-7602- www.centraIpointoregon.gov
STAFF REPORT
October 9", 2014
AGENDA ITEM: Review of Rogue Disposal & Recycling's annual consumer price index
based rate adjustment
STAFF SOURCE:
Chris Clayton, City Manager
BACKGROUND/SYNOPSIS:
The Franchise Agreement between the City of Central Point and Rogue Disposal allows for an
annual consumer price index (CPI) rate adjustment. The adjustment must be reviewed by the City
to ensure accuracy and that all the provisions of the franchise agreement are met. Having reviewed
Rogue Disposal & Recycling's proposed 1.7% rate increase, and the requirements of the current
franchise agreement, I have found the calculations to be both accurate and appropriate.
FISCAL IMPACT:
The proposed 1.7% CPI adjustment will result in the following rates (beginning January 1", 2015)
for Central Point residential customers:
35 gallon cart @ curb $17.03/per month
65 gallon cart @ curb $28.54/per month
95 gallon cart @ curb $40.05/per month
Note: Courrnercial and specialty rate information is included in the attached rate schedule.
ATTACHMENTS:
I. Rogue Disposal & Recycling notification letter
2. Consumer price index (CPI) information
3. Adjusted rate schedule information
RECOMMENDATION:
I. Provide additional comments to Rogue Disposal and Recycling on their proposed annual
rate adjustment.
2. Approve Rogue Disposal and Recycling's proposed annual rate adjustment.
PUBLIC HEARING
No
Return to Agenda
SUGGESTED MOTION:
I move to approve the Rogue Disposal and Recycling's 2015 proposed rate adjustment of 1.7%.
CAP100914 Page 43
September 25, 2014
Mr. Christopher Clayton
City Administrator
City of Central Point
155 South 2ntl St.
Central Point, OR 97502
OC'U�o
0' Z
v U
O I
arg7 $ RELyL�
PO Box 3187
Central Point OR 97502
541 7794161
Fax 541 779 4366
RE: City of Central Point Solid Waste Collection Franchise Agreement Sec. 7.5
Our File No: RET II 13A
Dear Mr. Clayton:
Paragraph 7.5 of the Solid Waste Collection Franchise Agreement between the City of
Central Point (City) and Rogue Disposal & Recycling, Inc., (Rogue), provides for an annual
adjustment of approved service rate schedule based on the change in the Consumer Price
Index during the previous year. Please accept this letter as Rogue's implementation of the
7.5 provisions. Set forth below is Rogue's detailed calculation of the adjustment to each
"Rate Category Rate" (RCR) in the improved service rate schedule, then in effect,
calculated in accordance with the Annual Rate Adjustment Formula set forth under
Section 7.5.
The Consumer Price Index (CPI) percentage change between August 2013 (233.9) and
August 2014 (237.9) equals a percentage change of 1.7%. Please see enclosed table taken
from the Bureau of Labor Statistics Data setting forth the Consumer Price Index -All Urban
Consumers for years 2013 and 2014. Accordingly, under the Annual Rate Adjustment
Formula, the service rate for a particular rate category is multiplied by 1.7% plus the
current service rate which equals the "Adjusted Rate Category Rate" (ARCR). For
example, residential garbage/curbside recycling -one -can current rate of $16.75 renders
the following adjustment:
$16.75 x 1.7%(CPI)=$.28
Thus, the rate as of January 1, 2015 adjusted for the CPI (1.7%) equals:
$16.75 +$.28 = $17.03 (ARCR)
I have enclosed a copy of Exhibit "D" Schedule of Approved Maximum Monthly Collection
Rates for City of Central Point, effective January 1, 2014, which sets forth the current RCR.
The new rates reflecting the ARCR are attached hereto as Exhibit "C", amended as of
January 1, 2015.
CAP100914 Page 44
Under the franchise, the City has 30 days to review the increase for the cost of living
calculations.
As required by the franchise, 30 days written notice (this includes electronic notice for our
customers who have opted for "paperless" communication) will be provided to customers
of all rate changes. In an effort to proceed with this rate change as environmentally
friendly and inexpensively as possible, our goal is to use statement inserts (as well as
electronic notices) to notify customers of this rate change in our October 31 billing.
Timing wise, to enable us to do this, we would ask that any calculation questions you may
have be submitted to us by Friday, October 24, 2014.
After review of this information, please inform me as to whether you agree that the
calculations set forth herein are accurate. I can be reached on my direct line at
541.494.5409.
Thank you for your attention to this matter.
Very truly yours,
Brendan t/ C�-,J
1/5 & Finance Operations Manager
Rogue Disposal & Recycling, Inc.
SMG/ERS
End
CAP100914 Page 45
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EXHIBIT C
CITY OF CENTRAL POINT, OREGON
ROGUE DISPOSAL AND RECYCLING, INC.
MAXIMUM MONTHLY COLLECTION RATES
EFFECTIVE JANUARY 1, 2015
Residential Collection
RENT
1 1/2 YD
1
Garbage/Curbside Recycling
1
3 YD
1
35 gallon cart @ curb (1 can service)
$
17.03
Per month
65 gallon can @ curb (2 can service)
$
28.54
Per month
95 gallon cart @ curb (3 can service)
$
40.05
Per month
Each Additional Can Serviced Weekly
$
1151
Per month
Extra 32 gallon Can or Bag On Route
$
4.26
Each
Special Pick -up - Nan -Garbage Customer
$
14.44
Each
Recycling Cort -Non -Garbage Customer
$
5.03
Per month
Green Waste Can- Garbage Customer
$
4.50
Per month
Green Waste Cart- Non -Garbage Customer
$
577
Per month
Commercial (Front -Load)
Monthiv Front -Load Rates by Container size and Fmouenr-v of Pirkun
Industrial (Roll -off)
RENT
1 1/2 YD
1
2 YD
1
3 YD
1
4 YD
1
6 Y0
J
a YD
1 x Week
$
114.01
$
148.61
$
176.05
$
227.94
$
327.51
$
426.99
2 x Week
$
184.68
$
23947
$
331 84
$
422 69
$
5 11.56
$
]58.85
3 x Week
$
266.90
$
34049
$
474.66
$
59873
$
903.13
$
1,207,58
4x Week
$
349.12
$
42848
$
607.39
$
810.82
$
1,187.33
$
1,565.38
5 x Week
$
416.95
$
51644
$
760.32
$
1,005.56
$
1,474.47
$
1,943.33
6 z Week
$
473.20
$
618.95
$
903.13
$
1,198.91
$
1,760 1 D
$
2,321 36
Extra /u
$
41.10
$
49.74
$
67.07
$
84.43
$
119.03
$
153.64
Industrial (Roll -off)
RENT
PERM
DROP BOX SERWCE RATES
248
$
4.94
310
$
RATE PER LOAD
SIZE
$
LOOSE
COMPACT
10 Yard Bax (rate per haul)
$
23240
$ 389.45
20 Yard Bax (rate per haul)
$
349.36
$ 661.17
27 Yard Box (rate per haul)
$
431 40
30 Yard Box (rate per haul)
$
46603
33 Yard Box (rate per haul)
$
499.16
40 Yard Box (rate per haul)
$
60465
50 Yard Box (rate per haul)
$
756.13
CAP100914 Page 47
DAILY
RENT
PERM
TEMP
248
$
4.94
310
$
6.18
3.70
$
7.42
370
$
7.42
3.70
$
7.42
3.70
$
7.42
370
$
7.42
EXHIBIT C
CITY OF CENTRAL POINT, OREGON
ROGUE DISPOSAL AND RECYCLING, INC.
MAXIMUM MONTHLY COLLECTION RATES
EFFECTIVE JANUARY 1. 2015
Residential Collection Miscellaneous Charges
$ 23.86
Exchange Roll Cart
$ 1.97
32 Gal Can Extra GW Pick -Up
$ 1.36
Extra GW Can Rent Per Month
$ 2.59
On Call Extra GW Can Pick-up
$ 642
Recycle Bin Not Returned
$ 2.59
For Each Addtl Resident Roll Can
$ 2201.
Off Route Charge
$ 53.15
35 Gal Lost Can Replacement
$ 61.91
65 Gal Lost Can Replacement
$ 77.87
95 Gal Lost Can Replacement
$ 5.55
CarUCan not at Cut (per Month)
$ 5.80
Long Driveway with Cart (per Month)
$ 98.89
Misc. Labor (Truck and Driver) per Hour
$4326
Misc. Labor (Helper) per Hour
$ 41.90
Small Quantity Pgm - 5 Pre -Paid Bags
$ 57.86
Small Quantity Pgm - 10 PrePaidBags
$ 64.27
1st Appliance
$ 32.14
Ea. Additional Appliance
$ 12.36
Tire -Passenger
$ 24.72
Tire - Truck
$ 24.72
Misc. Loose Waste - Per Yard
$ 779
Christmas Tree - Per 3 Ft Section
Commercial Collection Special Charges
$ 2472
Per month temporary container rental
$ 2472
Per month temporary cardboard only, waived if minimum flu every other week
$ 32.14
Trip charge/pull fee
$ 49.44
Cleaning
$ 4944
Deposit
$ 49.44
Pickup 8 Delivery
$ 14.84
Pull Out from 30-90 ft (multiply by p/u per week)
$ 11.13
Key Acct
$ 6.18
Per month auto lock container
$ 19.78
Lock replacement
$100.11
6 ydor under FL compactor cleaning fee
Deliver
Pickup
$108.28
Bin for a day -5yard -24 hours I Dump
$122.72
Bin for aweek-end -5 yard - 48 hours 1 Dump Fri
Mon am
$137.15
Bin for 72 hours -5yard-1 Dump tat day
4th day
$ B3.66
Yard debris bin for a day- 5 yard - 24 hours 1 Dump
$ 97.61
Yard debris bin for a week -end - 5 yard 1 Dump Fri
Mon am
$111.58
Yard debris bin for 72 hours - 5 yard 1 Dump 1st day
4th day
Industrial Special Charges
$ 3302
Compactor- Per Yard Under 20 Yds
$ 30.55
Compactor- Per Yard 20 Yds and Over
$110.02
Compactor Cleaning
$ 32.14
Trip Charge(move box @ location) / Turn Around Charge
$10384
Haul Fee -Asbestos Box (Requires special per yard disposal charge)
$103.84
Wood Box Haul Fee
$ 248
Per Mile, starting after border boundary
$ 24.72
Car lire in drop box
$ 37.08
Truck tire in drop box
$ 64.27
Haul Fee to haul appliance from landfill to transfer station
CAP100914 Page 48
EXHIBIT D
CITY OF CENTRAL POINT, OREGON
ROGUE DISPOSAL AND RECYCLING, INC.
MAXIMUM MONTHLY COLLECTION RATES
EFFECTIVE JANUARY 1, 2014
Residential Collection
Garbage/Curbside Recycling
35 gallon can @ curb (1 can service)
65 gallon can @ curb (2 can service)
95 gallon cart @ curb (3 can service)
Each Addaicnal Can Serviced Weekly
Extra 32 gallon Can or Bag On Route
Special Pick-up - Non -Garbage Customer
Recycling Cart - Non -Garbage Customer
Green Waste Can - Garbage Customer
Green Waste Cart- Non -Garbage Customer
Commercial (Front -Load)
$ 16.75
Per month
$ 28.07
Per month
$ 39.39
Per month
$ 11.32
Per month
$ 4.19
Each
$ 14.20
Each
$ 4.95
Per month
$ 442
Per month
$ 567
Per month
Monthly Front -Load Rates by Container size and Freouenev or Pickno
Industrial (Roll -off)
1112 YD
1
2Y0
1
3Y0
1
4 Y
228.52
6 Y
20 Yard Box (rate per haul)
aYD
1 x Week
$
112.10
$
146 13
$224.13
30 Yard Box (rate per haul)
$
458.24
$
322.04
$
419.85
2 x Week
$
181.59
$
235.47
$415.62
$
74349
$
581.67
$
]46.17
3 x Week
$
252.44
$
334.80
$588.72
$
888.03
$
1,187.39
4x Week
$
343.28
$
421.32
$797.27
$
1,16748
$
1,539.21
5x Week
$
409.98
$
507.81
$;A-
988.75
$
1,449.82
$
1,910.85
6x Week
$
465.29
$
60860
$1,178.87
$
1]30.68
$
2,28256
Extra /u
$
4041
$
48.91
$
83.02
$
117.04
1 $
151.07
Industrial (Roll -off)
CAP100914 Page 49
DAILY RENT
RATE PER LOAD
SIZE
244
LOOSE
COMPACT
10 Yard Be. (rate per haul)
$
228.52
$ 382.97
20 Yard Box (rate per haul)
$
343.52
$ 650.12
27 Yard Box (rate per haul)
$
424.19
7.30
30 Yard Box (rate per haul)
$
458.24
364
33 Yard Box (rate per haul)
$
490.82
40 Yard Box (rate per haul)
$
594.54
50 Yard Box (rate per haul)
$
74349
CAP100914 Page 49
DAILY RENT
PERM
TEMP
244
$
486
305
$
6 08
3.64
$
730
3.64
$
730
364
$
7.30
3.64
$
7.30
364
$
7.30
EXHIBIT D
CITY OF CENTRAL POINT, OREGON
ROGUE DISPOSAL AND RECYCLING, INC.
MAXIMUM MONTHLY COLLECTION RATES
EFFECTIVE JANUARY 1, 2014
Residential Collection Miscellaneous Charges
$ 23.46
Exchange Roll Can
$ 1.94
32 Gal Can Extra GW Pilo -Up
$ 1.34
Extra GW Cart Rent Per Month
$ 2.55
On Call Extra GW Cart Pick-up
$ 631
Recycle Bin Not Returned
$ 2.55
For Each Addtl Resident Rall Cart
$ 21 64
OH Route Charge
$ 52.26
35 Gal Last Cart Replacement
$ 60.78
65 Gal Lost Cart Replacement
$ 76.57
95 Gal Lost Cart Replacement
$ 546
Can/Can not at Curb(par Month)
$ 570
Long Driveway with Cart (per Month)
$ 97.24
Misc. Labor (Truck and Driver) per Hour
$42.54
Misc. Labor (Helper) per Hour
$ 41 20
Small quantity Film - 5 Pre -Paid Bags
$ 56.89
Small Quantity Film - 10 Pre -Paid Bags
$ 6320
1st Appliance
$ 31.60
Ea. Additional Appliance
$ 12.15
Tire -Passenger
$ 24.31
Tire - Truck
$ 24.31
Misc. Lapse Waste - Per Yard
$ 766
Christmas Tree - Per 3 Ft Section
Commercial Collection Special Charges
$ 24.31
Per month temporary container rental
$ 24.31
Per month temporary cardboard only, waived if minimum p/u every otherweek
$ 31.60
Trip charge/pull fee
$ 48.61
Cleaning
$ 48.61
Deposit
$ 48.61
Pickup 8 Delivery
$ 1459
Pull Out from 30-90 It (multiply by pi per week)
$ 1094
Key Acct
$ 6.08
Per month auto lack container
$ 1945
Lack replacement
$ 98.44
6 ydor under FL compactor cleaning fee
CAP100914 Page 50
Deliver
Pickup
$10647
Bin for a day -5yard -24 hours Dump
$120.67
Bin for a week -end - 5 yard -48 hours 1 Dump
Fri
Mon am
$13486
Bin for 72 hours -5yard -1 Dump
rat day
4th day
$8226
Yard debris bin for a day -5yard -24 hours 1 Dump
$ 95.98
Yard debris bin for a week end - 5 yard 1 Dump
Fri
Mon am
$109.71
Yard debris bin for 72 hours -5 yard Dump
1st day
4th day
Industrial Special Charges
$ 3247
Compactor- Per Yard Under 20 Yds
$ 30.04
Compactor- Per Yard 20 Yds and Over
$108.18
Compactor Cleaning
'C
$ 31.60
Trip Charge(move box @ location) / Turn Around Charge
$102.10
Haul Fee -Asbestos Box (Requires special per yard disposal charge)
5p
$102.10
Wood Box Haul Fee
C
$ 244
Per Mile, starting after border boundary
$ 2431
Car tire in drop box
a
$ 36,46
Truck fire in drop box
y
$6320
Haul Fee to haul appliance from landfill to transfer station
o
C
CAP100914 Page 50