Ordinance No. 16-06 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 16- 0 b
AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE TO ESTABLISH A PARKS AND
RECREATION FEE
WHEREAS,Park maintenance and operations funding from the General Fund is limited;and
WHEREAS,Tigard has been unable to maintain park service levels for existing park land;and
WHEREAS, Tigard has added park land without an adequate revenue source to maintain and operate the
parks;and
WHEREAS, Tigard has determined to fund a portion of parks maintenance and operations through a Parks
and Recreation Fee;and
WHEREAS, The amount of the fee will pay for a portion of the existing level of parks maintenance,
operations,and recreation;and
WHEREAS, The fee will also pay for parks maintenance and operations services that have been deferred due
to limited resources;and
WHEREAS,The fee will be paid by residential and non-residential utility customers within the City of Tigard;
and
WHEREAS,The fee will be adjusted annually to account for inflation and any new maintenance costs caused
by changes in parks such as additional parks or newly developed parks or new or expanded parks operations;
and
WHEREAS, Council may establish a program to provide assistance to lower income utility bill payers to be
paid from Parks and Recreation Fee revenues.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Chapter 3.75 of the Tigard Municipal Code is hereby created as provided in Exhibit A.
SECTION 2: 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 Y/707 ilV ellf vote o(A co}mcil members present after being read by number
and title only,this�<--day of 6 rag r ,2016.
Caro A. Krager,City Recorder
ORDINANCE No. 16- 0
Page 1
t4—
APPROVED: By Tigard City Council thisday of C 2016.
John .Cook,Mayor
Approve as to form
City A om
0-Iglao� �
Date
ORDINANCE No. 16- 06
Page 2
Exhibit A
Chapter 3.75 PARKS AND RECREATION B. Developed property or developed use. A
FEE parcel or legal portion of real property, on which
an improvement exists or has been constructed.
Sections: Improvement on developed property includes, but
is not limited to buildings, parking lots,
3.75.010 Creation and Purpose landscaping and outside storage.
3.75.020 Definitions
3.75.030 Administrative Officers C. Equivalent Dwelling Unit. Equivalent
Designated Dwelling Units (EDUs) are the basis for equally
3.75.040 Parks and Recreation Fees apportioning annual Parks and Recreation Fee
Allocated to the Parks Fund revenue requirements among customer groups.
3.75.050 Determination of Parks and D. Finance Director. The finance and
Recreation Fee information services director or designee.
3.75.060 Determination of Amount,
Billing and Collection of Fee E. Residential Property. Property that is
3.75.070 Waiver of Fees in Case of used primarily for personal domestic
Vacancy accommodation, including single family, multi-
3.75.080 Administrative Provisions and family residential property and group homes, but
Appeals not including hotels and motels.
3.75.090 Administrative Policies
3.75.100 Penalty F. Nonresidential Property. Property that is
3.75.110 Severability not primarily used for personal domestic
accommodation. Nonresidential property includes
3.75.010 Creation and Purpose industrial, commercial, institutional, hotel and
motel, and other nonresidential uses.
A Parks and Recreation Fee is created and
imposed for the purpose of maintenance of city G. Occupied Unit. Any structure or any
parks. The Parks and Recreation Fee shall be paid portion of any structure occupied for residential,
by the responsible party for each occupied unit of commercial, industrial, or other purposes. For
real property. The purposes of the Parks and example, in a multifamily residential develop-
Recreation Fee are to charge for the service the ment, each dwelling unit shall be considered a
city provides in maintaining public parks and to separate occupied unit when occupied, and each
ensure that maintenance occurs in a timely retail outlet in a shopping mall shall be considered
fashion, thereby reducing increased costs that a separate occupied unit. An occupied unit may
result when maintenance is deferred. include more than one structure if all structures
are part of the same dwelling unit or commercial
3.75.020 Definitions or industrial operation. For example an industrial
site with several structures that form an integrated
As used in this chapter, the following shall manufacturing process operated by a single
mean: manufacturer constitutes one occupied unit.
Property that is undeveloped or, if developed, is
A. Public Works Director. The public not in current use is not considered an occupied
works director or the public works director's unit.
designee.
3-70-1
Exhibit A
H. Responsible Party. The person or maintenance programs for the maintenance of city
persons who by occupancy or contractual parks and, subject to city budget committee
arrangement are responsible to pay for utility and review and city council approval, allocation and
other services provided to an occupied unit. expenditure of budget resources for park system
Unless another party has agreed in writing to pay maintenance in accordance with this chapter.
and a copy of the writing is filed with the city,the
person(s) paying the city's water and/or sewer bill C. The finance director shall be responsible
for an occupied unit shall be deemed the for the collection and calculation of fees and the
responsible party as to that occupied unit. For any appeals process under this chapter.
occupied unit not otherwise required to pay a city
utility bill, "responsible party" shall mean the 3.75.040 Parks and Recreation Fees
person or persons legally entitled to occupancy of Allocated to the Parks Fund
the occupied unit, unless another responsible party
has agreed in writing to pay and a copy of the A. All Parks and Recreation Fees received
writing is filed with the city. Any person who has shall be deposited to the parks fund or other fund
agreed in writing to pay is considered the for the purpose of operation and maintenance of
responsible person if a copy of the writing is filed the city park system. The parks fund shall be used
with the city. for park maintenance. Other revenue sources may
also be used for park maintenance. Amounts in
I. Park Maintenance. Any action to the parks fund may be invested by the finance
operate and maintain city parks, including, but not director in accordance with state law. Earnings
limited to repair, renewal, replacement, from such investments shall be dedicated to the
reconstruction, minor improvements, programing, Parks and Fund.
recreation and other park activities. Park
maintenance does not include the capital B. The parks fund shall not be used for
development, construction or acquisition of new other governmental or proprietary purposes of the
parks or undeveloped parks. city, except to pay for an equitable share of the
city's overhead costs including accounting,
3.75.030 Administrative Officers management and other costs related to
Designated management and operation of the park
maintenance program.
A. Except as provided in subsections B and
C of this section, the public works director shall 3.75.050 Determination of Parks and
be responsible for the administration of this Recreation Fee
chapter. The public works director shall be
responsible for developing administrative A. For residential and non-residential
procedures for the chapter, administration of fees, property, the fee shall be charged on a per
and for the purposes of establishing the fee for a equivalent dwelling unit (EDU) basis. For single
specific occupied unit, the consideration and family and multifamily accounts, each occupied
assignment of categories of use,and parking space unit within the residential property is one EDU.
requirements subject to appeal in accordance with The calculation of an EDU for commercial and
this chapter. industrial accounts will be defined in the Master
Fees and Charges Schedule.
B. The public works director shall be
responsible for developing and maintaining park
3-70-2
Exhibit A
B. The Parks and Recreation Fee rates shall shall be rendered regularly by the finance director
be established by council resolution and shall be and shall become due and payable upon receipt.
calculated based on all or a part of:
B. Collections from utility customers will
1. The city's projected five-year be applied first to interest and penalties, then
maintenance forecast plan for operations and proportionately among the various charges for
maintenance of the city's park system; and utility services and park maintenance.
2. Any new maintenance costs C. An account is delinquent if the Parks
incurred during the five-year program. New costs and Recreation Fee is not paid by the due date
include, but are not limited to, maintenance of shown on the utility bill. The city may follow the
additional park land, new park development of procedures for collection of delinquent accounts
existing park land, and new or expanded set forth in Sections 12.03.030 and/or 12.03.040,
programing and operations. These will be including termination of water and/or sanitary
addressed annually based on estimates from the sewer service.
public works director.
3.75.070 Waiver of Fees in Case of
C. The Parks and Recreation Fee rate shall Vacancy
be annually adjusted to account for new costs (as
identified in 3.75.050.B.2) and according to an A. Pursuant to subsection F of this section,
annual index as defined in the Master Fees and when any developed property within the city
Charges, effective the first billing cycle following becomes vacant, upon written application and
July I"of each year, starting July 1, 2017. approval by the finance director, the Parks and
Recreation Fee shall thereafter not be billed and
D. Council may establish a program to shall not be a charge against the property.
reduce the Parks and Recreation Fee for lower
income utility payers. The program may be B. The finance director is authorized to
administered by city staff or a qualified non- cause an investigation of any property for which
profit. The program may be defined in the city's an application for determination of vacancy is
Master Fees and Charges Schedule. submitted to verify any of the information
contained in the application. The finance director
E. The program shall be reviewed annually is further authorized to develop and use a standard
as part of the city's budget process. form of application, provided it shall contain a
space for verification of the information and the
person signing such form affirms under penalty
3.75.060 Determination of Amount, for false swearing the accuracy of the information
Billing and Collection of Fee provided therein.
A. The Parks and Recreation Fee shall be C. When any developed property within the
billed to and collected from the responsible party city has the utilities shut-off due to vacancy, the
for each occupied unit. Billings shall be included Parks and Recreation Fee shall be waived for the
as part of the utility bill for occupied units duration of the vacancy as described in subsection
utilizing city water and/or sewer, and billed and F of this section.
collected separately for those occupied units not
utilizing city water and/or sewer. All such bills
3-70-3
Exhibit A
form of administrative policies for adoption of the
city council by resolution. Administrative policies
are intended to provide guidance to property
owners, subject to this chapter, as to its meaning
or operation, consistent with policies expressed
herein. Policies adopted by the council shall be
given full force and effect, and unless clearly
inconsistent with this chapter, shall apply
uniformly throughout the city.
3.75.100 Penalty
In addition to any other remedy, violation of
any provision of this chapter shall be a Class A
civil infraction. Each day of delinquency in
paying the Parks and Recreation Fee constitutes a
separate violation.
3.75.110 Severability
A. In the event any section, subsection,
paragraph, sentence or phrase of this chapter or
any administrative policy adopted herein is
determined by a court of competent jurisdiction to
be invalid or unenforceable, the validity of the
remainder of the chapter shall continue to be
effective. If a court of competent jurisdiction
determines that this chapter imposes a tax or
charge, which is therefore unlawful as to certain
but not all affected properties, then as to those
certain properties, an exception or exceptions
from the imposition of the Parks and Recreation
Fee shall thereby be created and the remainder of
the chapter and the fees imposed thereunder shall
continue to apply to the remaining properties
without interruption.
B. Nothing contained herein shall be
construed as limiting the city's authority to levy
special assessments in connection with public
improvements pursuant to applicable law. ■
3-70-5
Exhibit A
D. When any multi-occupied developed the fee by submission of a written application to
property within the city has one or more vacancies the finance director. The application shall be
as described in subsection F of this section, the submitted in sufficient detail to enable the finance
responsible party may request, in writing, a director to render a decision.
waiver of a portion of the Parks and Recreation
Fee applicable to the vacant units. B. To address the submitted request, the
city may follow the procedures for utility charge
E. When a change of use occurs, a vacancy adjustments set forth in Section 12.03.040.
has been filled, or a property is developed, it is the
responsible party's responsibility to inform the 3.75.090 Administrative Policies
city of any change so the proper Parks and
Recreation Fees may be assessed. If the A. The following policies shall apply to the
responsible party does not inform the city of any operation and scope of this chapter:
change, the city shall cancel the vacancy waiver
and charge the responsible party as per subsection 1. Parks and Recreation fees imposed
F of this section. under this chapter shall apply to all occupied
F. For purposes of this section, a unit of units, occupied units owned and/or occupied by
property is vacant when it has been continuously local, state and federal governments, as well as
unoccupied and unused for at least 30 days. Fees property which may be entitled to exemption from
shall be waived in accordance with this section or deferral of ad valorem property taxation.
only while the property remains vacant. The
waiver duration is for six months. After six 2. Publicly owned park land, open
months, the responsible party must re-apply for spaces and greenways shall not be subject to the
the waiver if the property continues to be Parks and Recreation Fee.
unoccupied and unused. The responsible party has
30 days to re-apply for the vacancy waiver after 3. Areas encompassing railroad and
the expiration of the six month waiver. Any public right-of-way shall not be subject to the
occupancy or use of the property terminates the Parks and Recreation Fee.
waiver. As a penalty for not reporting a change in
property vacancy, the city may charge any 4. Railroad property containing
property two times the appropriate Parks and structures, such as maintenance areas, non-rolling
Recreation Fee that would have been due without storage areas and areas used for the transfer of rail
the vacancy waiver for prior billing periods upon transported goods to non-rail transport shall be
determining by whatever means that the property subject to Parks and Recreation Fees.
did not qualify for waiver of charges during the
relevant time. The decision of the finance director 5. For newly developed properties,
under subsections A, B, C, D and F of this section the fees imposed under this chapter shall become
shall be final. (Ord. 10-08 §1, 2010; Ord. 10-01 due and payable from and after the date when the
§2) developed property is occupied and connected to
the public water or sanitary sewer system.
3.75.080 Administrative Provisions and
Appeals B. The public works director and the
finance director are authorized and directed to
A. The responsible party for an occupied review the operation of this chapter and, where
unit may request reconsideration of the amount of appropriate, recommend changes thereto in the
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