Ordinance No. 82-72 CITY OF TIGARD, OREGON
ORDINANCE NO. 82- 72
AN ORDINANCE GRANTING THE TIGARD CITY COUNCIL THE AUTHORITY TO SET RATES FOR
FEES AND CHARGES; ESTABLISHING A METHOD FOR SETTING AND ADJUSTING RATES,
ESTABLISHING GENERAL POLICY REGARDING ALL CITY FEES AND CHARGES; RATIFYING
PREVIOUS ACTIONS; AND DECLARING AN EMERGENCY.
WHEREAS, the Tigard City Council may take actions necessary or convenient for
the government of its local affairs, pursuant to OAS 221.410(1) and its
Charter; and
WHEREAS, the Tigard City Council has, by both ordinance and resolution,
established fees and charges to cover administration and enforcement costs; and
WHEREAS, each set of fees and charges relates to different administration and
enforcement sections of the Tigard Municipal Code and there is a need to
simplify and consolidate, where possible, by establishing one set of policies
which are common to all sections;
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1. DEFINITIONS. For the purposes of this ordinance, the singular
shall include the plural and the masculine gender shall include the feminine
and neuter. As used in this ordinance, unless the context otherwise requires,
the following definitions shall apply:
(a) Fees and Charges mean the following:
(1) Fees and charges established for City services provided
under the Tigard Municipal Code.
(2) Fees and charges for the dedication and vacation of
streets and other public areas within the City.
(3) Any other fee or charge established by the Council in
which the Council specifically states that the fee or charge is to be subject
to the provisions of this ordinance.
SECTION 2. AUTHORITY. The Tigard City Council shall have the authority to
review and adopt by resolution rates for fees and charges reasonably related
to the City's cost of service.
SECTION 3. METHOD OF DETERMINING RATES FOR FEES AND CHARGES.
(a) Rates shall be based upon the reasonably determined costs for
service and shall be based upon estimates from the current or proposed
municipal budget for the following categories, as applicable: (1) materials
and services; (2) capital outlay; (3) indirect costs; (4) depreciation costs;
and (5) personnel costs.
(b) In no case shall the rate for fees and charges exceed the
reasonable costs for the service or services provided.
ORDINANCE NO. 82-72
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SE'CTION`4. ADMINISTRATION. The City Finance Director, or designee, shall be
d authorized to require a specific type of payment, in the event of a prior
history of nonpayment, returned checks, and incidence of delayed, reduced or
unpaid fees and charges. For applications which are subsequently withdrawn,
the Finance Director, upon recommendation of the Department Head, may refund
any or all of the fee amount not necessary to recover City costs incurred
through the date of withdrawal.
SECTION 5. FEE ADJUSTMENTS AND SCHEDULES. After January 1, 1983, adjustments
n the rate of fees an charges shafr be reviewed by the Council at least
annually, on or before July 1 of any year. The Council shall consider the
following in adjustments to fees and charges: (a) the Portland Consumer Price
Index; (b) the total wage increase in relevant union contracts; (c) costs for
services analyses; and (d) the provisions of Section 3 of this ordinance.
SECTION 6. FAILURE TO PAY FEES AND CHARGES.
(a) All persons submitting applications or otherwise utilizing
services or facilities of the City shall pay the appropriate fee or charge
imposed pursuant to this ordinance.
(b) If the fee or charge for an application is governed by the
provisions of this ordinance, failure to pay the same in full shall prevent
the submission of such application. If such application is accepted through
mistake or inadvertance, the City Finance Director shall give a notice of the
balance due of such fee or charge, which balance shall be paid within ten days
of the giving of such notice. The Finance Director may waive the penalty if
tt-e failure to pay the full fee or charge was not the fault of the applicant.
An aggrieved applicant may appeal the penalty decision of the Director to the
Council. If the fee or charge be unpaid after the ten-day period has expired,
the application shall be considered withdrawn. Where action or work for which
any permit is required under City code is started or proceeded with prior to
obtaining said permit, the fees specified shall be doubled.
(c) For all other fees and charges subject to this ordinance and
not involving an application, the City Finance Director shall give notice of
delinquency in writing, if a fee or charge be unpaid. Such fee or charge
shall be paid within ten days of the sending of such notice and, in addition,
a delinquency fee in an amount to be established by the Council by resolution
and sufficient to cover the cost of administration of such fee shall also be
imposed. If the fee or charge be unpaid at the end of the ten-day
notification period, the initial amount of the fee shall be doubled and the
difference shall be deemed a penalty.
SECTION 7. EXEMPTIONS. The City Council is authorized to waive or exempt the
fee or charge imposed upon an application or for the use of City facilities
and services, if a nonprofit organization requests such a waiver in writing
and the Council determines that community benefit from the proposed activity
outweighs the financial burden on the City. The waiver or exemption shall not
excuse the nonprofit organization from compliance with other requirements of
the Tigard Municipal Code.
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g SECTION 8. RATIFICATION. The Council determines that fees previously set by
Resolutions of the Council were set to recover cost and are hereby ratified
pursuant to this Ordinance and shall remain in effect until superseded
pursuant to this ordinance.
SECTION 9. SEVERABILITY. The sections of this ordinance are severable. The
invalidity of a section shall not affect the validity of the remaining
sections.
SECTION 10. EFFECTIVE DATE AND EMERGENCY. Because of the need to formalize
the fees and charges policy provisions of the Tigard Municipal Code to provide
for improved procedural fairness and equity of cost recovery, an emergency is
declared and this ordinance shall be effective upon its passage and signature
of the Mayor.
PASSED: By � �"1(�?��, 5 vote of the City Council present, `
after berg read two times by number and title only,
this day of L)A 0--rl1,'2 r 1982.
City R6corder - City Igard
SIGNED: By the Mayor, this �/ day of lY�a per,�,p,f , 1982.
Mayor - City of Tigard
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