Ordinance No. 16-09 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 16- q
AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 3.32 CITY FEES AND
CHARGES TO DELEGATE FEE SETTING FOR RECREATION PROGRAMS TO THE PUBLIC
WORKS DIRECTOR
WHEREAS,the nature of providing recreation activities and coordinating program services with existing
providers requires the ability of the Recreation Program Coordinator to quickly respond to customer
demand;and
WHEREAS,the Tigard Municipal Code Chapter 3.32 requires Council to review and adopt rates for fees,
typically done in May for the upcoming year;and
WHEREAS,the Code currently does not provide for an effective mechanism to adjust fees to target
specific groups or lower income individuals;and
WHEREAS, the Code currently restricts fee exemptions to nonprofit organizations,limiting the ability to
offer scholarships and other reductions to fees/charges;and
WHEREAS,the Code requires rates for fees and charges to be based solely upon the reasonably determined
cost for service cost of service and does not allow for flexibility;and
WHEREAS,the 2015-2017 Tigard City Council Goals include to"Provide Recreation Opportunities for the
People of Tigard;"and
WHEREAS,the MIG Recreation Program Study: Recommendations and Implementation Plan outlined a
five year plan to start a recreation program including assumptions about demand-driven activities expanding
yearly,coordination with existing service providers, and grants and scholarships for targeted groups;and
WHEREAS,the City Council wishes to delegate its authority to set fees and charges for the Recreation
Program to the Public Works Director in order to allow for greater flexibility and further the goal of
promoting recreation opportunities.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Chapter 3.32, is amended as shown in Exhibit A, (added language is shown in italics and
deleted language in stethre gh}.
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 L!/2"i&,yy-f vote of all council members present after being read by number and
title only,this `7 4- day of Ow zi 52016.
ORDINANCE No. 16- 067
Page 1
Carol A Krager,City Recorder
APPROVED: By Tigard City Council this 2!�day of �''h-` ,2016.
joq—LC0004ayor
Appr ved as to form:
ty Attorney
,o 1-2 /d
Date
ORDINANCE No. 16- O q
Page 2
TIGARD MUNICIPAL CODE
Chapter 3.32 CITY FEES AND CHARGES. adoption of a City Council resolution. (Ord. 02-
06,Ord. 82-72§2, 1982).
Sections:
3.32.030 Method Of Determining Rates
3.32.010 Definitions. For Fees And Charges.
3.32.020 Authority.
3.32.030 Method Of Determining Rates 1. Rates shall be based upon the reasonably
For Fees And Charges. determined costs for service and shall be based
3.32.040 Administration. upon estimates from the current or proposed
3.32.050 Fee Adjustments And municipal budget for the following categories, as
Schedules. applicable:
3.32.060 Failure To Pay Fees And
Charges. a. Materials and services;
3.32.070 Exemptions.
3.32.080 Ratification. b. Capital outlay;
332.010 Definitions. c. Indirect costs;
For the purposes of this chapter, the singular d. Depreciation costs;and
shall include the plural and the masculine gender
shall include the feminine and neuter. As used in e. Personnel costs.
this chapter,unless the context otherwise requires,
the following definitions shall apply: 2. In no case shall the rate for fees and
charges exceed the reasonable costs for the service
"Fees and charges"means the following: or services provided.(Ord. 82-72 §3, 1982).
1. Fees and charges established for City 3.32.040 Administration.
services provided under this code;
The City Finance Director, or designee, shall
2. Fees and charges for the dedication and be authorized to require a specific type of payment,
vacation of streets and other public areas within the in the event of a prior history of nonpayment,
City; returned checks,and incidence of delayed,reduced
or unpaid fees and charges. For applications
3. Any other fee or charge established by which are subsequently withdrawn, the Finance
the Council in which the Council specifically states Director,upon recommendation of the department
that the fee or charge is to be subject to the head,may refund any or all of the fee amount not
provisions of this chapter. (Ord. 82-72 §1, 1982). necessary to recover City costs incurred through
the date of withdrawal. (Ord. 82-72 §4, 1982).
3.32.020 Authority.
3.32.050 Fee Adjustments And
The Tigard City Council shall have the Schedules.
authority to review and adopt by resolution rates
for fees and charges reasonably related to the City's After January 1, 1983,adjustments in the rate
cost of service. The City Manager shall have of fees and charges shall be reviewed by the
authority to set interim fees and charges pending Council at least annually, on or before July 1st of
3-32-1 Code Update: 03116
TIGARD MUNICIPAL CODE
any year. The Council shall consider the amount of the fee shall be doubled and the
following in adjustments to fees and charges: (a) difference shall be deemed a penalty. (Ord. 82-72
the Portland Consumer Price Index; (b) the total §6, 1982).
wage increase in relevant union contracts;(c)costs
for services analyses; and (d) the provisions of 3.32.070 Exemptions.
Section 3.32.030.(Ord. 82-72 §5, 1982).
The City Council is authorized to waive or
3.32.060 Failure To Pay Fees And exempt the fee or charge imposed upon an
Charges. application or for the use of City facilities and
services, if a nonprofit organization requests such
1. All persons submitting applications or a waiver in writing and the Council determines that
otherwise utilizing services or facilities of the City community benefit from the proposed activity
shall pay the appropriate fee or charge imposed outweighs the financial burden on the City. The
pursuant to this chapter. waiver or exemption shall not excuse the nonprofit
organization from compliance with other
2. If the fee or charge for an application is requirements of this code. (Ord. 82-72 §7, 1982).
governed by the provisions of this chapter, failure
to pay the same in full shall prevent the submission 3.32.080 Ratification.
of such application. If such application is
accepted through mistake or inadvertance,the City The Council determines that fees previously
Finance Director shall give a notice of the balance set by resolutions of the Council were set to recover
due of such fee or charge, which balance shall be cost and are hereby ratified pursuant to the
paid within ten days of the giving of such notice. ordinance codified in this chapter and shall remain
The Finance Director may waive the penalty if the in effect until superseded pursuant to the ordinance
failure to pay the full fee or charge was not the fault codified in this chapter.(Ord. 82-72 §8, 1982).
of the applicant. An aggrieved applicant may
appeal the penalty decision of the Director to the 3.32.090 Recreation Program
Council. If the fee or charge is unpaid after the
ten-day period has expired,the application shall be
considered withdrawn. Where action or work for 1. For purposes of the Public Works
which any permit is required under City code is Department Recreation Program, City Council
started or proceeded with prior to obtaining said delegates its authority to adopt rates and charges,
permit,the fees specified shall be doubled. pursuant to Section 3.32.020, to the Director of
Public Works.
3. For all other fees and charges subject to
this ordinance and not involving an application,the 2. Notwithstanding Section 3.32.070, the
City Finance Director shall give notice of Public Works Director shall have the authority to
delinquency in writing,if a fee or charge is unpaid. waive, exempt, or otherwise reduce recreation
Such fee or charge shall be paid within ten days of program fees and charges.
the sending of such notice and, in addition, a
delinquency fee in an amount to be established by 3. The Public Works Director shall annually
the Council by resolution and sufficient to cover report back to Council on the Recreation Program
the cost of administration of such fee shall also be activities and revenues.
imposed. If the fee or charge is unpaid at the end
of the ten-day notification period, the initial
3-32-2 Code Update: 03116