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HomeMy WebLinkAboutOrdinance 6036 12/09/2002 . . . ORDINANCE NO. 6036 AN ORDINANCE IMPOSING A TRANSPORTATION SYSTEM MAINTENANCE FEE, PROVIDING FOR RATE SETTING AND ADMINISTRATION, ENFORCEMENT AND COLLECTION OF THE FEE; ADDING SECTIONS 7.600, ET SEQ., TO THE SPRINGFIELD MUNICIPAL CODE, AND DECLARING AN EMERGENCY. WHEREAS, street and road deterioration, if not managed through a program of prevention, early detection, and repair, can lead to large-scale disrepair and destruction of City streets and roads with serious traffic consequences, as well as the sustained interruption of residential, industrial and commercial flow of traffic, and the blighting of residential, industrial and commercial neighborhoods and areas of the City; and WHEREAS, the City Council has concluded that a safe, functioning City transportation system through a regulated program of street maintenance and preservation is a priority need; and WHEREAS, the City Manager has recommended a methodology to categorize users of the transportation system by classification and to apportion fairly fees among such user classifications for the purposes of a safe, functioning transportation system through a regulated maintenance and preservation program; and ' WHEREAS, the City Council finds that non-residential uses of the transportation system create a greater burden on the transportation system due to a number of factors, including, but not limited to, frequency of trips, weight, size and design of vehicles; and WHEREAS, non-residential uses involve such a broad range of impacts to the transportation system that fairness requires that non-residential uses should be broken down into sub categories based upon levels of impact; and WHEREAS, the City Council believes that the TSM Fee may have a disproportionate impact on households with incomes below federal poverty standards and that it is the best interests of the City mitigate any disproportionate impact of the fee on this population; and WHEREAS, The City council finds that such a street maintenance and preservation program and methodology of categorizing transportation system users and apportioning fees to respective classifications is a reasonable and rational way to promote a safe, functioning transportation system; NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS: Section 1. The following sections are added to the Springfield Municipal Code, to be Sections 7.600 through 7.666, as follows: Draft of December 5, 2002 Page 1 of 5 , 7.600 Transportation System Maintenance Fee - Establishment: Purpose. (1) Except as otherwise provided in sections 7.600 to 7.666 of this code, each person responsible, as defined in section 7.602 ofthis code, shall pay a Transportation System Maintenance (TSM) Fee to the city, in an amount determined by sections 7.610 and 7.620 of this code. (2) The purpose of the Transportation System Maintenance Fee is to provide stable and adequate funding to operate, maintain, preserve and improve elements of the city's transportation system. 7.602 Definitions. For purposes of sections 7.600 to 7.666 ofthis code, unless the context requires otherwise, words and phrases shall have the meaning ascribed to them in this section. In interpreting the meaning of words in a definition, other definitions of that word in this code may be considered. (1) City manager. The term "city manager" shall include the city manager's designee. (2) Dwelling unit. A facility designed for permanent or semi-permanent occupancy by a single family and provided with minimum kitchen, sleeping and sanitary facilities. (3) Institute of Transportation Engineers is an international education and scientific association of transportation and traffic engineers and other professionals who are responsible for meeting mobility and safety needs, which facilitates that application of technology and scientific principles to research, planning, functional design, implementation, operation, policy development and management for any mode of transportation, and for purpose of this ordinance includes any successor to such organization. , (4) Non-residential use. Use of a premises for any use other than a dwelling unit or units. (5) Person. An individual, trust, firm, joint stock company, joint venture, consortium, commercial entity, partnership, association, corporation, commission, state and any agency thereof, political subdivision of the state, interstate body or the federal government, including any agency thereof. (6) Person responsible. The water account customer if the charges are billed with the water account billing, otherwise the person having possession or control of a premises. (7) Premises. A parcel or portion of a parcel of land within the limits of the City of Springfield, with structures or other improvements on it, or upon which construction or other activity occurs, the use of which generates usage of the transportation system. (8) Residential use. Use of a premises exclusively as a dwelling unit. (9) Transportation system. All transportation-related components located on city-owned property, right-of-way, public easements, or which the city is contractually or legally obligated to operate and maintain, or for which the city has accepted responsibility under intergovernmental agreement including: (a) Existing streets, alleys, curbs and gutters, and related facilities, improvements and installations which are primarily for motor vehicle use. (b) Existing on-street and off-street sidewalks, paths and related facilities, improvements and installations, which are designated primarily for pedestrian use. Draft of December 5, 2002 Page 2 of 5 . . . . . . measurement of trip generation as determined by the City Engineer. Estimated usage for each classification may also take into account additional data relevant to the impact on the transportation system, including but not limited to pass-by trips, modes of transportation, heavy vehicle usage, transportation strategies that reduce or increase usage of the city's transportation system, targeted traffic studies and trip generation surveys. (3) The primary unit used for measurement of impact shall be the trip-end. The rate per trip- end shall by fixed by resolution of the City Council 7.640 Chare:es - Appeal and Modification. (I) Any person responsible or the city manager may initiate a review of a charge to determine if there is a basis to modify the charge. The person responsible may apply to the city manager for a modification of the charge. The application shall be on a form provided by the city and shall be accompanied by a statement of the basis for appeal, including such documentary evidence in support as shall be appropriate, a copy of the most recent charges due, and the appeal fee fixed by resolution of the Council. The city manager shall approve or deny the application using the procedures and criteria set forth in this section. A copy of the city manager's decision shall be mailed to the applicant and, if a redllction or elimination is ordered, to the billing agency. (2) The charge shall be modified if the city manager finds that:. (a) Evidence demonstrates that the actual usage of transportation system generated by the use of the premises differs from estimated usage to an extent that actual usage corresponds to the usage in a different customer class; (b) An error has been made in identification of the use or uses of a premises that affects the customer class assigned to the premises; or (c) An error has been made in calculating the number of dwelling units, thousand gross square feet, or other units of measure of the premises. (3) If an appeal or modification application from a residential application is based upon financial need, the charge shall be modified if the city manager finds that the annual household income is equal to or less than 50 percent of the median area income. (4) Any modification given under this section shall continue until further order of the city manager. A copy of the city manager's decision shall be mailed to the applicant and, if a reduction or elimination is ordered, to the billing agency. ( 7.660 Charges - Collection and Payment. (1) The city manager shall certify the TSM fees to be collected. Collection shall be performed by the city manager or any person or entity with whom the city manager contracts to perform those duties. (2) The TSM fee shall be imposed on a monthly basis, billed at least quarterly and, if an agreement with a utility providing water services so provides, may be included with water account billings if a water account serves the premises. If no water account serves a premises, the charges shall be billed separately to the person responsible. Draft of December 5, 2002 Page 4 of 5 (c) Existing on-street and off-street paths and related facilities, improvements and installations, which are designated primarily for bicycle, mixed bicycle and pedestrian, or . other non-motor vehicle use. (10) Trip end. A single or one-direction vehicle movement with either the origin or destination (exiting or entering) inside a study site. (11) Usage of the city's transportation system. A measure of consumption of transportation system services resulting from movement of vehicles, people and goods across the city's transportation system as determined by the city manager. (12) Water account. An active account under which a premises receives water services. (13) Water account customer. The person in whose name a water service account exists and who is responsible for payment of the account. 7.604 Transportation System Maintenance Fees - Revenue. All TSM fees collected by the city shall be used only for the purposes described in subsection (2) of section 7.600 of this code and related administrative costs. 7.610 Transportation System Maintenance Fee - Classifications. (1) For purposes of the Transportation System Maintenance Fee, all premises are hereby divided into classes as follows: 1. The residential classification shall include all premises in residential use. 2. Non-residential: A. Low transportation system usage; B. Medium transportation system usage; C. Medium-High transportation system usage; D. High transportation system usage; E. Intense transportation system usage. 7.620 Transportation System Maintenance Fee -Rates. Each responsible person shall pay a fee, based on the classification of premises, as fixed by resolution of the Council. In fixing rates the Council shall consider the following: (1) The amount or monthly rate of the TSM fee shall be based upon the estimated usage of the city's transportation system generated by the use of the premises. The charges for use of the city transportation system shall distinguish between residential and non-residential premises, and shall further distinguish between classes of non-residential customers, according to estimated usage of the city's transportation system. Each class of customers shall be assigned an appropriate rate, based on average estimated use of the city's transportation system by customers in that class. (2) Estimated usage for each classification of customers shall be based primarily on the estimated number of daily trips generated per dwelling unit, thousand gross square feet, or other unit of measure appropriate to the classification, using the sixth edition of the Institute of Transportation Engineers Trip Generation Manual, or a later edition of that manual or other comparable professional Draft of December 5, 2002 Page 3 of 5 . . . . . (3) The person responsible for each premises shall be responsible for paying the charges within 30 days of the statement. (4) Each person responsible for a premises shall be notified, in at least one annual billing for the service, of the rate or the amount of the charge. 7.664 Chari!:es - DelinQuencies. The city manager or contracted person or entity collecting the charges shall enforce the collection of fees by any means of collection provided by the laws of the state and permitted by the charter and ordinances of the city. Fees shall be due on or berore 30 days from the date billed and deemed delinquent if not paid by that time. Any fee due which is not paid when due may be recovered in an action at law by the city. 7.666 Chan!:es - Cost of Collection. The person or entity collecting the TSM fees may withhold from payments received a reasonable charge for actual costs of billing, collecting and remitting the fees. The charge shall be established annually by agreement between the city manager and the person or entity and shall be based on actual costs. Section 2. Within 90 days of the passage of this ordinance the City Manager shall present, for consideration of the Council, a resolution proposing initial rates to be fixed pursuant to this ordinance, accompanied by a written report setting forth the methodology upon which the rates proposed are based. Section 3. If any 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 independent provision and such holding shall not affect the validity of the remaining portions of this ordinance. Section 4. This preservation and maintenance of the transportation system within the City of Springfield being a matter of public healthy and safety, the Council determines that an emergency exists and that, therefore, this Ordinance shall become effective immediately upon its adoption by the Council and approval by the Mayor. Passed by the City Council this ~ day of December A d b h ~o.l!!!~.!lhPresident pprove yt ~~t IS . ,2002. -2- day of December :V' ,2002. ~~ City Recorder -~....... I i ~ C6uncil President Draft of December 5, 2002 REVIEWED & APPROVED ~ . OOE:_.z'lflO L OFFICE OF CITY~ATTORNEV Page 5 of 5