HomeMy WebLinkAboutOrdinance 6323 07/21/2014• •
ORDINANCE NO. 6323 (General)
AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE, SECTIONS
4.600 "DEFINITIONS ", 4.706 "FEE FOR USE OF PUBLIC WAYS," ADDING A NEW
SECTION 4.707 "TAX FOR PROVIDING UTILITY SERVICE," REPEALING
SECTION 4.708 "ANNUAL FEES ", AND ADOPTING A SEVERABILITY CLAUSE
THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT
Whereas, on March 3, 2014 the Council adopted Ordinance 6311, amending provisions
of the Municipal Code to create a utility tax applicable to all entities providing utility service
within the City, or using facilities located with the city; and
Whereas, Ordinance 6311 was intended to add a new tax on the privilege of providing
certain utility service in the City and retain the existing fee for use of the public rights of way;
and
Whereas, certain housekeeping amendments are necessary to avoid confusion or
misinterpretation of the ordinance because Ordinance 6311 inadvertently inserted the provisions
of the new tax under the Section 4.706 regarding the Use of Public Ways instead of adding a
new section; and
Whereas, the council has determined that these amendments are in the public interest.
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD
ORDAINS AS FOLLOWS:
SECTION 1: The Following Definition of `Utility' in Springfield Municipal Code Section
4.600, is amended to read as follows:
4.600 Definitions.
Utility. Any public utility as defined in ORS 757.005(1), excluding a municipal utility,
any telecommunications utility as defined in ORS 759.005(1), any telecommunications carrier,
telecommunications provider or other entity providing telecommunications service, electricity,
heating services, or stormwater or wastewater collection.
SECTION 2: Springfield Municipal Code Section 4.706, is amended to bifurcate the Tax on
Providers of Utility Services and the Fee for Use of the Public Ways to read as follows:
4.706. Fee for Use of Public Ways
(1) All persons not parties to a franchise or public way use agreement, and occupying the
public ways for placement of utility facilities but not providing utility service within the city
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shall pay a fee, in an amount fixed by resolution of the council for each foot or portion thereof
occupied, subject to limitations in other state or federal laws.
2) All persons subject to the fee imposed by subsection (1) who are parties to a franchise
or public way use agreement shall be entitled to a credit against the fee due under subsection (1)
in the amount of the payments made pursuant to such franchise or public way use agreement.
(3) This fee shall be in addition, and not in lieu of any taxes, fees or charges provided
under this municipal code.
(4) Unless otherwise agreed such fee shall be paid quarterly, on or before the 45th day
following the end of the calendar quarter.
4.707 Tax for Providing Utility Service
(1) All persons providing utility services in the city shall pay to the City of Springfield a
utility tax in the amount of five percent of gross revenues, as herein defined, subject to
limitations in other state or federal laws.
(2) All persons subject to the tax imposed by subsection (1) who are parties to a franchise
or public way use agreement shall be entitled to a credit against the tax due under subsection (1)
in the amount of the payments made pursuant to such franchise or public way use agreement.
(3) All utilities owned and operated by the city of Springfield, except a municipal utility
as defined in ORS 757.005(1), shall pay to the city of Springfield a utility tax fixed by resolution
of the council.
(4) This tax shall be in addition, and not in lieu of any fees or charges provided under this
Municipal Code.
(5) Unless otherwise agreed such tax shall be paid quarterly, on or before the 45th day
following the end of the calendar quarter.
SECTION 3: Section 4.708 Annual Fees of the Springfield Municipal Code is repealed.
SECTION 4: Severability Clause. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of
competent jurisdiction, such portion shall be deemed a separate, distinct and individual provision
and such holding shall not affect the validity of the remaining portion hereof.
SECTION 5: Effective Date of Ordinance. This Ordinance shall take effect 30 days after its
adoption by the Council and approval by the Mayor.
ADOPTED by the Common Council of the City of Springfield by a vote of 5 for and
against, this 21 day of JULY , 2014.
APPROVED by the Mayor of the City of Springfield, this 21 day of JULY
2014.
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ATTEST:
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City Record
REVIEWED APP VED
AS TO F R
DATE:
OFFICE OF C TY A ORNEY
0
Mayor
ORDINANCE NO. 6323