Resolution No. 19-04 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 19- V
A RESOLUTION AMENDING THE MASTER FEES AND CHARGES TO ADD FEES RELATED TO
RIGHT-OF-WAY LICENSES AND- WIRELESS FACILITIES , ad-, ctivyv C(
WHEREAS,Ordinance 18-24 amended Tigard Municipal Code 15.06 and adopted the Utility Services in Public
Rights-of-Way Ordinance,shifting from franchises to licenses for use of City rights-of-way;and
WHEREAS, the Master Fees and Charges must be updated to reflect the new license fees, as well as the
addition of a license application fee;and
WHEREAS,the adoption of new fees is necessary for wireless facilities ("SWFs");and
WHEREAS, as a result of the FCC Declaratory Ruling and Third Report and Order 18-133 ("FCC Order"),
SWF fees must be a reasonable approximation of costs, the costs themselves must be reasonable,and the fees
must be non-discriminatory;and
WHEREAS,staff has estimated the proposed SWF fees to be a reasonable approximation of the City's costs of
processing applications or permits,maintaining the right-of-way,and maintaining a structure within the right-of-
way;and
WHEREAS,the Tigard City Council finds it is in the public interest to establish fees as proposed.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The Master Fees and Charges for the City of Tigard are amended to: (1) add right-of-way
usage fees; (2) add a $50 utility license application fee; (3) add a$150 planning review fee for
SWFs; and (4) add a $650 right of way usage fee for each SWF per year, as shown in the
attached schedule(Exhibit A).
SECTION 2: The City will compare its actual costs incurred to the fees in this Resolution once a sufficient
number of applications have been processed in order to evaluate the accuracy of these
estimates. The City may adjust the fees as necessary to more accurately reflect the City's costs
or in response to the outcome of legal challenges against the FCC Order.
SECTION 3: This resolution is effective immediately upon passage.
PASSED: This fid' day of -R0nA0—'(L4 2019.
RESOLUTION NO. 19- 01
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M -City of Tigard
ATTEST:
'De"City ecorder tity of Tigard
RESOLUTION NO. 19-Cy
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Revenue Source Fee or Charge Effective Date
FINANCIAL&INFORMATION SERVICES
Assessment Assumption $50.00 4/22/1985
Budget Document
Compact Disk(CD) $10.00 7/1/2007
Paper $50.00
Business License
Annual Fee*
0-2 employees $94 /per year 7/1/2018
3-5 employees $125 /per year 7/1/2018
6-10 employees $440 /per year 7/1/2018
11-20 employees $722 /per year 7/1/2018
21-50 employees $828 /per year 7/1/2018
51-75 employees $902 /per year 7/1/2018
greater than 75 employees $1,220 /per year 7/1/2018
*Adjusted annually in conjunction nith the Portland Consumer Price Index(CPI).
Pro-Rated Fee Schedule
Issued January 1 -June 30 See Fee Schedule above
Issued July 1 -December 31 1/2 the annual fee
Temporary License $25.00 1/1/2008
Duplicate License/Change of Ownership Fee
Change in ownership or name only $10.00 1/1/2008
Copy/replacement of license $10.00 1/1/2008
Delinquency Charge
the original business license fee due and payable shall be added for each calendar month or fraction thereof that the fee remains
unpaid. The total amount of the delinquency penalty for any business license year shall not exceed one hundred percent(100%)
of the business license fee due and payable for such year.
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Revenue Source Fee or Charge Effective Date
Comprehensive Annual Financial Report $0.00 2/7/2002
Franchise Fee (for existing franchises
(Owns facility in ROW and provides service to customers
Electricity within Tigard) 5%of gross revenue or$4,000 whichever is greater 1/9/2015
(Owns facility in ROW and provides no service to customers
Electricity within Tigard) $2.90/linear foot of installation in right-of-way 1/9/2015
or$4,000,whichever is greater
(Using a non-owned facility in ROW and provides service to
Electricity customers within Tigard) 5%of gross revenue 1/9/2015
(Owns facility in ROW and provides service to customers
Natural Gas within Tigard) 5%of gross revenue or$4,000 whichever is greater 1/9/2015
(Owns facility in ROW and provides no service to customers
Natural Gas within Tigard) $2.90/linear foot of installation in right-of-way 1/9/2015
or$4,000,whichever is greater
(Using a non-owned facility in ROW and provides service to
Natural Gas customers within Tigard) 5%of gross revenue 1/9/2015
(Owns facility in ROW and provides service to customers
Telecom* within Tigard) 5%of gross revenue or$4,000 whichever is greater 1/9/2015
Telecom* (Provides no service to customers within Tigard) $2.90/linear foot of installation in right-of-way 1/9/2015
or$4,000,whichever is greater
(Using a non-owned facility in ROW and provides service to
Telecom* customers within Tigard) 5%of gross revenue 1/9/2015
*(Includes telecommunication ulthhes,long distance providers,
private networks and competitive access providers)
Utility Franchise Application Fee $2,000.00 8/8/2006
Solid Waste Disposal(See TMC 11.04) 5%of gross revenue 7/1/2013
Cable TV(See TMC 5.12) 5%of gross revenue 1/26/1999
Application filed with MACC(email mace@maccor.org)
Right-of-Way License(See TMC 15.06) 2/5/2019
Right-of-Way License Application Fee $50.00
Electricity (Owns facility in ROW and provides service to customers 5%of gross revenue or$4,000 whichever is greater 2/5/2019
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Revenue Source x Fee or Charge 2"
Effective Date
(Owns facility in ROW and provides no service to customers
Electricity within Tigard) $2.90/linear foot of installation in right-of-way 2/5/2019
or$4,000,whichever is greater
(Using a non-owned facility in ROW and provides service to
Electricity customers within Tigard) 5%of gross revenue 2/5/2019
(Owns facility in ROW and provides service to customers
Natural Gas within Tigard) 5%of gross revenue or$4,000 whichever is greater 2/5/2019
(Owns facility in ROW and provides no service to customers
Natural Gas within Tigard) $2.90/linear foot of installation in right-of-way 2/5/2019
or$4,000,whichever is greater
(Using a non-owned facility in ROW and provides service to
Natural Gas customers within Tigard) 5%of gross revenue 2/5/2019
(Owns facility in ROW and provides service to customers
Telecom* within Tigard) 5%of gross revenue or$4,000 whichever is greater 2/5/2019
Telecom* (Provides no service to customers within Tigard) $2.90/linear foot of installation in right-of-way 2/5/2019
or$4,000,whichever is greater
(Using a non-owned facility in ROW and provides service to
Telecom* customers within Tigard) 5%of gross revenue 2/5/2019
*(Includes telecommunication utilities,long distance providers,
private networks and competitive access providers,but does not include small wireless facilities)
Small Wireless Facilities $650 per year per installation 2/5/2019
Lien Search Fee $35.00 2/1/2004
Overhead Fee
Added to charges for property damage/repair 10%of total charge
Returned Check Fee $20.00 10/9/2001
Sewer Reimbursement District Loans
Interest Rate Applicable Federal Rate(AFR),Table,Long-term,semiannual for the
month the loan is approved
System Development Charge Financing(other than Sewer Reimbursement District Loans1
Application Fee $25.00
Interest Rate Prime rate as published in the Wall Street Journal as of the date of the
application plus 4%
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Department Revenue Source Fee or Charge IF Effective Date
COMMUNITY DEVELOPMENT-MISCELLANEOUS DEVELOPMENT
Fee in Licu of Sewer Based on actual cost of sewer connection, 1998
if sewer was available
(MU-CBD zone only) the current Washington County Assessor-determined
real market value of the land(not improvements)by 10%
Sanitary Sewer Connection Fee $5,650 /dwelling unit 7/1/2018
(Phis fee is determined by Clean Water Services.
The City of Tigard receives 3.99%of fees collected.)
Water Quality Facility Fee(Fee set by Clean Water Services)***
(City receives 100%of fees collected)
Residential Single Family S245.25 /unit 7/1/2018
Commercial&Multi-family $245.25 /2,640 sq.ft of additional 7/1/2018
impervious surface
Water Quantity Facility Fee(Fee set by Clean Water Services)***
(City receives 100%of fees collected)
Residential Single Family S299.75 /unit 7/1/2018
Commercial&Multi-family S299.75 /2,640 sq.ft of additional 7/1/2018
impervious surface
Metro Construction Excise Tax 12%of building permits for projects 7/1/2006
(Cit),will retain 5%for administrative expenses) with a total valuation of$100,001 or more;
(Tax set by Metro,but collected by cities) not to exceed$12,000.
School District Construction Excise Tax
(City will retain 4%for administrative expenses)
(Tax set by school districts based on ORS 320.170-189 and collected by cities)
Beaverton School District $1.30 /sq.ft residential construction 7/1/2018
$0.65 /sq.ft.non-residential construction 7/1/2018
$32,600.00 Non-residential maximum per building permit or 7/1/2018
per structure,whichever is less
Tigard-Tualatin School District $1.26 /sq.ft.residential construction 7/1/2018
$0.63 /sq.ft.non-residential construction 7/1/2018
$31,400 Non-residential maximum per building permit or 7/1/2018
per structure,whichever is less
— m2*Wireless Facility Planning Review Fee S150 per application,up to 5 batched applications,then S45 per application over 5 2/5/2019
T�,pc 11(Major)Modification Project Valuation Threshold*
$50,000 1/31/2019
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Department Revenue Source Fee or Charge Effective Dat
COMMUNITY DEVELOPMENT-MISCELLANEOUS DEVELOPMENT
Urban Forestry*
Hazard'1'ree Dispute Resolution Fee $187 +$55.00 each additional tree 7/1/2018
In Lieu of Planting Fees(Planting&3 Year Maintenance)
Street Tree $608 per 1.5"caliper tree 7/1/2018
Open Grown Tree $608 per 1.5"caliper tree 7/1/2018
Stand Grown Tree $433 per tree 2'in height or 1 gallon container 7/1/2018
Tree Permit Fees(Complex)
Simple $0 7/1/2018
Complex $333 7/1/2018
Tigard Triangle District Tree Removal Fee $300 per caliper inch DBH 7/l/2018
(only applies in TMU Zone when removal approved
through an adjustment)
Tree Canopy Fee $2.95 per square foot of tree canopy 3/1/2013
Urban Forest Inventory Fees
Open Grown Tree $168 +$28.00 each additional tree 7/1/2018
Stand of Trees $221 +$44.00 each additional stand 7/1/2018
Tree Establishment Bond(Planting&Early Establishment)
1.5"Caliper Minimum Street or Open
Grown Tree in Subdivisions or Minor
Land Partitions $554 per tree 7/1/2018
1.5"Caliper Minimum Street or Open
Grown Tree in Land Use Review Types
other than Subdivisions or Minor Land
Partitions $499 per tree 7/1/2018
2'in Height or 1 Gallon Container
Minimum Stand Grown Tree in
Subdivisions or Minor Land Partitions $416 per tree 7/1/2018
2'in Height or 1 Gallon Container
Minimum Stand Grown Tree in Land Use
Review Types other than Subdivisions or
Minor Land Partitions $396 per tree 7/1/2018
Vacation(Streets and Public Access)* $2,937 /deposit+actual cosh 7/1/2018
Vertical Housing Development Zone*
Precertification Fee $800 7/1/2018
Final Certification Fee $1,200 7/1/2018
Annual Project Monitoring Fee $300 7/1/2018
*Per Ord 03-59,fee is adjuatedyearly bated on the Construction Coat Index for the City of Seaule at publitbed in the Aprilissue ofEngineering Nems Record
**$310.00 per tyre up to and including 10 trees.If over 10 trees,the applicant submits a deposit of$310.00 for each tree over 10 trees up to a maximum of$5,000.00.The applicant is charged actual staff time to
process the permit and hill be refunded the balance of the deposit if any remains after the review is complete
*** This fee is determined by Clean Water Services.
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