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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 • • 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. • ATTEST: aln 4a"- City Record REVIEWED APP VED AS TO F R DATE: OFFICE OF C TY A ORNEY 0 Mayor ORDINANCE NO. 6323