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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 Page 1 M -City of Tigard ATTEST: 'De"City ecorder tity of Tigard RESOLUTION NO. 19-Cy Page 2 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. Page 1 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 Page 2 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% Page 3 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 Page 4 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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