Ordinance No. 09-14 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 09- /1/
Jars
AN ORDINANCE AMENDING CHAP iR 15.20 OF THE TIGARD MUNICIPAL CODE;, VTHICH
ESTABLISHED A STREET MAINTENANCE FEE TO PROVIDE A FUNDING SOURCE FOR
MAINTENANCE OF CITY STREETS.
WHEREAS, Ordinance No. 03-10 established a Street Maintenance Fee structure and added Chapter 15.20 to
the Tigard Municipal Code;and.
WI EREAS, the Street Maintenance Fee structure was developed to fund the Pavement Management Program;
and
r
WHEREAS, the Pavement Management Program has been updated based on the overall condition of the
street infrastructure and the°costs needed to implement that plan have been determined,and
WHEREAS, maintenance of the street right-cif-way including medians on City streets is an important part of
making Tigard an attractive place to conduct business,live,and be"A Place to Call Home";and
WHEREAS, there is a_need to add right-of-way maintenance of collector and arterial streets as part of the:
scope of the Pavement Management Program as defined in Chapter 15.20,and
WHEREAS, the cost of implementing the revised Pavement Management Program has increased significantly
since originally implemented;and
WHEREAS,the cost and scope of the Pavement Management Program has significantly increased;and.
WHERE AS, City Council has defined an annual inflation factor is needed to ensure that the Pavement
Management Program funding keeps pace with construction and labor costs and should be incorporated. in
Chapter 15.2.0;and
WHEREAS, revisions to Chapter 1.5.20 are heeded to reflect the desired changes and to provide a basis for
systematic review of the program and fees annually,and reflects changes in designated admini trative officers.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Sections 15.20.020 and 15.20.050 of the Tigard Municipal Code are hereby repealed.
SECTION 2 The following provisions are hereby adopted in substitution for the code sections repealed
by Section 1 of this Ordinance.
Section 15.20.020 Definitions. As used in this ordinance, the following shall mean:
(1) Public Works Director. The Public Works Director or the Public Works Director's
designee.
(2) Developed property or developed use. A parcel or legal portion of real property, on
which an improvement exists or has been constructed:. Improvement on developed
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property includes,but is not limited to buildings,parking lots,landscaping and outside
storage.
(3) Finance Director. The Finance & Info6 nation ces Director or the-:..mate
Dire 's designee.
(4) Residential Property. Property that is used ptimarily for personal, domestic
accommodation, including singlefamily, multi-family residential property and group
homes;but not including hotels and motels.
(5) Non-residential Property. Property that is not primarily used for personal, domestic
accommodation. Non-residential property includes industrial, commercial,
institutional,hotel and motel,and other non-residential uses.
(6) Street Functional Classification. Street classifications as described in the Tigard
Transportation System flan.
a. Arterials are defined as streets having regional level connectivity. These streets
link major commercial,residential,industrial and institutional areas.
b. Collectors are defined by citywide or district wide connectivity. These streets
provide bath access and circulation within and between residential and
commercial/industrialcommercial/industrial areas.
c. Neighborhood routes are defined as streets that provide connections within the
neighborhood and between neighborhoods. These streets provide connectivity to
collectors or arterials.
d. Local Commercial/Industrial:Streets are these streets within the City that are not
designated as arterials, collectors, or neighborhood routes and whose primary
function is serving traffic to and from commercial and/or industrial (i.e. non-
residential)
on-
res dent al)uses.
e. Local streets are any streets within the City that are not designated as aiterials,
collectors, neighborhood routes or identified as Commercial./Industrial streets.
These streets have the sole function of providing access to immediately adjacent
land.
(7) Parking space requirement. The minimum Off-Street parking requirement as
required by Community Development Code Chapter 18,765.
(8) Pavement .Management Program (PMS') corrective and
reg=entattve rr� " tante on Ci of T" d streets ded b the Street IVlaintc n ce
Fee S e rohel s to extend the life of the avement s c e b
various means such as tom fete removal and re lacement of as_12hal sl se
andlor overly `
(9) Occupied unit.Any structure or any portion of any structure occupied for residential,
commercial, industrial, or other purposes. For example, in a multi.-family residential
{ development, each dwelling unit shall be considered a separate occupied unit when
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Page 2
occupied, and each retail outlet in a shopping mall shall be considered a separate
occupied unit. An occupied unit may include more than one structure if all structures
are part of the same dwelling unit or commercial or industrial operation. For example
an industrial site with several structures that form an integrated manufacturing
process operated by a single manufacturer constitutes one occupied unit. Property
Haat is undeveloped or, if developed, is not in current use is not considered an
occupied unit,
(10) Responsible party. The person or persons who by occupancy or contractual
arrangement are responsible to pay for utility and other services provided to an
occupied unit. Unless another party has agreed in writing to pay and a copy of the
writing is filed with the City, the person(s) paying the City's water and/or sewer bill
for an occupied unit shall be deemed the responsible party as to that occupied unit.
For any occupied unit not otherwise required to pay a City utility bill, "responsible
party" shall mean the person or persons legally entitled to occupancy of the occupied
" unit, unless another responsible party has agreed in writing to pay and a copy of the
writing is filed with. the City. Any person who has agreed in writing to pay is
considered the responsible person if a copy of the writing is filed with the City,,
(11) Street maintenance. Any action to maain.tain City streets, including repair, renewal,
resurfacing,replacement and reconstruction. Street Maintenance does not include the
construction of new streets or street 'lighting. Street maintenance shall include
resurfacing of existing streets, repair or replacement of curb and gutter where they
exist, repair or replacement of the entire existing street structural section, repair or
replacement of existing street shoulders,pavement markers, striping and other street
markings, repair or replacement of existing channelization devices, adjustment of
existing utilities to match finish grades,and any other related work within the existing
streets. It includes repair or restoration of existing storm drainage systems within
existing streets,but does not include installation of new drainage systems. It includes
,tight-of-way maintenance on the City's arterial and collector streets, which covers
maintenance and enhancement of planting strips, medians and areas between
sidewalks and property lines on these street to prevent the uncontrolled growth of
weeds and other undesirable vegetation in these areas. It does not include repair'or
replacement of existing sidewalks.
Section 15.20.030 A 'strative Officers lies' amecL
(1)Except as provided in subsections (2) and(3) of this section,the Public Works Director
shall be responsible for the administration of this chapter. The Public Works Director
shall be responsible for developing administrative procedures for the chapter,
administration of fees, consideration and assent of categories of use, and parking
space requirements for the categories of use subject to appeal to the City Council.
(2)The Public Works Director shall be responsible for developing and maintaining street
maintenance programs for the maintenance of City streets and, subject to City Budget
Committee review and City Council approval, allocation and expenditure of budget
resources for street system maintenance in accordance with this chapter.
x
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(3)The Finance Director shall be responsible for the collection and calculation of fees and
the appeals process under this chapter.
Section 15.20.040 Street Maintenance Fees Allocated to the Street Maintenance
Fee Fund.
(1) All street maintenance fees received shall be deposited to the street maintenance fee fund
or other fund dedicated to the operation and maintenance of the City street system.The
street maintenance fee fund shall be used for street maintenance. Other revenue sources
may also be used for street maintenance. Amounts in the street maintenance fee fund
may be invested by the Finance Director in accordance with State law. Earnings from
such investments shall be dedicated to the street maintenance fee fund.
(2) The street maintenance fee fund shall not be used for other governmental or
proprietary purposes of the City, except to pay for an equitable share of the City's
overhead costs including accounting, management and other costs related to
management and operation of the street maintenance program. Engineering design,
construction management, and other related costs, including project advertisements
for bid, in the implementation of the street maintenance projects shall also be
considered as being used for street maintenance.
Section 15.20.050 Determination of Street Maintenance Fee.
(1) The Street Maintenance Fee shaH be established based on the following-
(a) The City's 5-year maintenance and reconstruction plan for corrective and
preventative maintenance of the City's street infrastructure.
(b) The average annual cost based on the 5-year maintenance and -reconstruction
plan with costs allocated as follows:
@Arterial maintenance costs allocated 100%to non-residential uses.
(H) Local Commercial/Industrial street maintenance costs allocated 100% to
non-residential uses.
(iii) Collector maintenance costs allocated 50% to residential uses and 501)/0 to
non-residential uses.
(iv) Neighborhood routes and local street maintenance costs allocated 100%
to residential uses.
(c) For residential property,the fee shall be charged on a per unit basis.
(d) For non-tesidential property other than gasoline stations, the fee shall be based
on the minimum number of parldng spaces required by Chapter 18.765 of the
Tigard Community Development Code for each occupied unit, provided
however that the maximum number of p spaces for purposes of
calculating the Street Maintenance Fee shall be five-aftd-the-nuffinftun-iftunbel!
250.
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J. In that non-residential property with fewer than 6required spaces shall
constitute a tier with a fifty percent reduction.
ii.{ In recognition that religious institutions have minimum parking space
requirements that are relatively large in comparison to the actual use of
those spaces,the fee for teligious institutions shall be based on one-half
of the minimum parking space requirements for each religious
institution.
( The Street Maintenance Fee for gasoline stations shall be based on the number
of fueling positions.
(2) The Street Maintenance Fee rates shall be established by Council.resolution. _
` (3) Beginning January 1, 2410, the fee for the Pavement Management Pro will be
phased in over three years. The street surface pgtd2g_gLffit2MEwi1I be phased in
evenly,over all three years. The right-of-way portion of-thePMP will be phased in
gKmly over the last two years.
(4) The Street Maintenance fee will be adjusted according to an annual index that is
calculated based on a combination of the following indices:
(a)The Oregon Composite Construction Cost index reflecting the cost of materials
(weighted 650/6).
(b)The U.S. Bureau of Labor Statistics Employment cost Index for Private Industry
Workers,by occupational Group and Industry,Construction Group reflecting the
cost of Labor(weighted 35%).
(c)A floor of 1 0/a and a c ` ' g of 10%has been establishedbased on a composite of
both indices listed above.
5; The indices will be applied in the second and third year of the`t1ireeZear phasing and:
ev year thereafter.
&_The program shall be reviewed annually as part of the City's budget process.
{C}(Following each review of the program, the Finance Director shall review the revenue
received from the new rates after a full year of collection to determine if the annual
revenues meet the annual funding level set from the updated 5-year Street
Maintenance Plan. The Finance Director shall report the findings of that review to
City Council and may make recommendations on any potential fee increases or
decreases based on that review. Any unspent funds will be placed in a reserve fund.
Section 15.20.060 DelemiWation of Amour B' and Collection of Fee.
(1) The minimum required number of parking spaces or the number of fueling positions
for each occupied unit of nonresidential property shall be determined by the Public
Works Director. For uses not explicitly listed in the Tigard Development Cade as to
requited parking, the Public Works Director shall assign the use to the most similar
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category, considering at least the following factors as well as any other relevant
infortnationr
(a) The size of the site and the building,
(b) The number of employees,
(c) Other developed sites with similar use.
(2) The Public Works Director shall establish the amount of street maintenance
fee payable for each unit of nonresidential property and shall inform the Finance
Director of the amount. The amount payable shall be re-determined if there is a
change in use or development. All redeterminations based on a change in use or
development shall be prospective only.The Finance Director shall charge the per-unit
` street maintenance fee to the responsible party for each occupied unit of residential
propel,.
( ) The street maintenance fee shall be billed to and collected from the
responsible party for each occupied unit. Billings shall be included as part of the
bimonthly waterand sewer bill for occupied units utilizing City water and/or sewer,
and billed and collected separately for those occupied units not utilizing City water
and/or sewer. All such bills shall be tendered bimonthly by the Finance Director and
shall became due and payable upon receipt.
(4) Collections from utility customers will be applied first to interest and
penalties,then proportionately among the various charges for utility services and
street maintenance.
(5) An account is delinquent if the street maintenance fee is not paid by the due date
shown on the utility bill, The City may follow the procedures for collection of
delinquent accounts set forth in Section 12.03.030 and/or 12.03.040, including
terraination of water and/or sanitary sewer service.
Section 15.20.074 Waiver of Fees in Case of Vacancy.
(1) When any developed property within the City becomes vacant' as described in
Subsection. 3 upon written application and approval by the Finance Director, the
street maintenance fee shall thereafter not be billed and shall not be a charge against
the property.
(2) The Finance Director is authorized to cause an investigation of any property for which
an application for detemination of vacancy is submitted to veffy any of the
information contained in the application. The Finance Director is further authorized
to develop and use a standard foram of application,provided it shall contain a space for
verification of the information and the person signing such form affirms under penalty
for false sweating the accuracy of the information provided therein.
(3) For purposes of this section, a unit of property is vacant when it has been
continuously unoccupied and unused for at least thirty (30) days. Fees shall be waived
in accordance with this section only while the property remains vacant. Any
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occupancy or use of the property terminates the waiver. The City may charge any
property with the appropriate street maintenance fee, including charges for prior
billing periods,upon determining by whatever means that the property did not qualify
for waiver of charges during the relevant time. The decision of the Trance Director
under subsection (1)and ( ) shall be final.
Section 1.5.20.080 AdministutLive Provisions and Ap eals.
(1) The Public Works Director shall have the initial authority and responsibility to
interpret all terms, provisions and requirements of this chapter and to determine the
appropriate charges thereunder. The responsible party for an occupied unit may
request reconsideration of the Public Works Director's determination of the amount
of the fee by submission of a written application to the public Warks Director. The
application shall be submitted in sufficient detail to enable the Public Works Director
to render a decision.
M
(2) Within 30 days of the submission of a complete application requesting reconsideration
of the amount of the street maintenance fee to be charged to an occupied unit, the
Public Works Director shall render a decision on the application. The decision shall be
written and shall include findings of fact and conclusions for the particular aspects of
the decision..., based upon applicable criteria. A copy of the decision shall be mailed to
the person submitting the request. The Public Works Director shall maintain a
collection of such decisions. Decisions of the Public Works Director,-which affect.tle
amount of fee to be charged to a property, shall be forwarded to the Finance Director.
Except as provided under subsection (4) of this section; the decision of the Public
Works Director is final.
(3) The Public Works Director may determine that the land use category is proper and that
the fee charged is appropriate. However, if the decision of the Public Works Director
results in a change in the category of land use, the Public Works Director shall assign a
new use category,determine the appropriate fee for the category,and notify the Finance
Director so that the appropriate change may be made in the applicable fee to be
charged in the future. No back charges or refunds shall be allowed.. The decisionof
the Public Works Director under this subsection(3) only,may be appealed.
(4) Council may form a subconarrAttee consisting of two Council members, or appoint a
committee of disinterested citizens, hereinafter known as the Appeal Committee, to
address any appeals to the Public Works Director's decisions.A responsible party who
disputes the determination of the Public Works Director as to use category or number
of required parking spaces may .tile a written appeal with the Appeal Committee. All
appeals must be submitted within ten (10) days from the date of the Public Works
Director's decision, together with a filing fee in an amount set by Council by
resolution. The application for appeal shall specify the reasons for the appeal and shall
provide sufficient information for the Appeal Committee to render a decision. No
other appeals shall be permitted.
(5) The Appeal Committee shall schedule a review of each appeal and shall notify the
`appellant not less than ten (10) days prior thereto of the date of such review. The
Appeal Committee shall conduct a hearing to determine whether there is substantial
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Page`7
evidence in the record to support the interpretation given by the Public Works Director
and may continue the hearing for purposes of gathering additional information bearing
on the issue..The Appeal Committee shall render an initial oral decision and shall adopt
a final written decision together with appropriate findings in support thereof The
decision of the Appeal Committee shall be limited to whether the appellant has been
assigned to the appropriate use category, or whether the appropriate minimum parking
space requirement or number of fueling positions has been correctly identified. If the
Appeal Committee should determine that a different use category should be assigned.,
or that the minimum parking space requirement should be revised, it shall so order,
providedno refund of prior street maintenance fees shall be given. Only where the
Committee decision results in a change in use category and/or change in the minimum
parking space requirement will the filing fee on the appeal be refunded. The Appeal
Committee decision shall be final.
' Section 15.20.090 Admitiktrative Polidgs.
(1) The following policies shall apply to the operation and scope of this chapter:
(a) Street maintenance fees imposed under this chapter shall apply to all occupied
units, occupied units owned and/car occupied by local, state and 'federal
governments, as well as property which may be entitled to,exemption from or
deferral of ad valorem property taxation.
(b) Publicly owned park land, open spaces and,greenways shall not-be subject to
the street maintenance fee unless public off-street parking designed to
accommodate the use of such areas is provided.
(c) Areas used for commercial farming or forestry operations shall be billed
according to the use of any structures on the site. Where a site is used
exclusively for farming or forestry and not for residential or commercial uses,
the site shall not be subject to the street maintenance fee. Where there are
different seasonal uses of structures on farm or forest land, the use category
shall be determined by examining the use for the longest portion of the year.
Where more than one use is made: of a farming or forestry site, then each use
shall be examined separately and combination of use categories shall be used to
determine the street maintenance fee.
(d) Areas encompassing railroad and public tight-of-way shall not be subject to the
street maintenance fee.
(e) Railroad property containing structures,such as maintenance areas, non-rolling
storage areas and areas used for the transfer of rail transported goods to non-
rail transport shall be subject to street maintenance fees.
(f) For newly developed properties, the: fees imposed under this chapter shall
become due and payable from and after the date when the developed property
is connected to the public water or sanitary sewer systema
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Page
(2) The Public Works Director is authorized and directed to review the operation of this
chapter and, where appropriate, recommend changes thereto in the form of
administrative policies for adoption of the City Council by resolution. Administrative
policies are intended to provide guidance to propertyowners, subject to this chapter,
as to its meaning or operation, consistent with policies expressed herein., Policies
adapted by the Council shall be given full force and effect, and unless clearly
inconsistent with this chapter shall apply uniformly throughout the City.
(3) If an occupied unit of nonresidential property is used for more than one use with
different minimum parking requirements, the street maintenance fee shall be based
on the required parking for the total of the various uses.
SECTION 3;- All other sections in Chapter 15.20 remain the same.
SECTION 4: This ordinance shall be effective 30 days after its passage by the Council,signature by the
Mayor,and posting by the City Recorder.
PASSED: By vote of all Council members present after being read by number
and title only, this j& day oft� tom,2009.
Carol A. Drager,Deputy City Recorder
APPROVED: By Tigard City Council this `day of ,
Cr ' ry` , irksen,Mayor
St' J
Approv a ortn.-
'j 7 *.l 1 1
City Attorney
Date
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