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HomeMy WebLinkAbout185 - 11/21/2006 - AMENDING CHAPTER 7.5 OF THE CITY CODE TO ESTABLISH A COMMUNITY PARK MAINTENANCE FEE, DEFEATED ON SEC ORDINANCE NO. 185, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 7.5 OF THE CODE OF THE CITY OF FORT CO INS TO ESTABLISH A COMMUNITY PARK MAINTENANCE FE WHEREAS, the City has, over recent years, experienced a down in revenues that has challenged the City's ability to deliver the same,high-quality level of s es that its residents have historically enjoyed; and WHEREAS, this reduction in revenues has led to subs tial budget cuts and service reductions; and WHEREAS, the Colorado courts have recognized e ability of home rule municipalities such as Fort Collins to enact special service fees to hel defray the costs of providing particular government services; and WHEREAS, such special service fees mus a cost related and calculated in a manner that will fairly and rationally distribute the costs of t e funded services among those who benefit from the services; and WHEREAS,the Council believes ' to be necessary and appropriate to adopt a Community Park Maintenance Fee("CPMF")to de y a portion of the costs of maintaining community parks, with the remaining portion of said cos to be funded by other, existing revenue sources of the City; and WHEREAS, City staff as proposed a formula for calculating such fee that fairly and rationally reflects the proporti nate share of such costs to be borne by those who benefit from the funded services; and WHEREAS,the roposed CPMF would be imposed on all residential properties in the City, with the owner of eac esidential dwelling unit to pay the same proportionate share of the fee; and WHEREA ,pursuant to the City's Parks and Recreation Policy Plan,all dwelling units that would be subject the CPMF are located within a reasonable distance from one or more community parks. NO , THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS at Chapter 7.5 of the Code of the City of Fort Collins is hereby amended by the addition of a new rticle VIII to read as follows: DEFEATED ON SECOND READING ARTICLE VIII. COMMUNITY PARK MAINTENANCE FEE See. 7.5-100. Intent. The provisions of this Article are intended to impose a specials ice fee for the maintenance of City-owned community parks,in an amount calc ated as shown herein. Said fee shall not be used to collect more than is nece ary to fund such maintenance. The revenues from said fee shall be used to rep ' park grounds and facilities and keep them maintained,clean and safe for all sche led and unscheduled activities within the City's community park system, and r administration of the provisions of this Article, in order that the health, safet and welfare of park users maybe safeguarded. See. 7.5-101. Definitions. When used in this Article, the follo mg words and terms shall have the following meanings: Director shall mean the Directo f Cultural,Library and Recreation Services or his or her designee. Dwelling unit shall me ne(1)or more rooms and a single kitchen and at least one (1) bathroom desi d, occupied or intended for occupancy as separate quarters for the exclusive u of a single family for living, cooking and sanitary purposes, located in a sin -family, two-family or multi-family dwelling or mixed use building. Feepayer sh mean a person or entity who is obligated to pay a fee in accordance with th provisions of this Article. Financi Officer shall mean the Financial Officer of the City of Fort Collins or such other erson designated by the municipality. Financial Officer shall also include suc erson's designee. Iti family dwelling shall mean a dwelling containing three (3) or more dwelli units, not including hotels, motels, fraternity houses, sorority houses and simil group accommodations. S . 7.5-102. Imposition of fee. (a) There is hereby established a communitypark maintenance fee which shall be imposed, pursuant to the provisions of this Article, on each dwelling unit within the city for the purpose of funding the maintenance of community parks. DEFEATED ON SECOND READING -2- (b) The amount of the fee for 2007 shall be two dollars and sixty-seven cents ($2.67) per dwelling unit per month. Said amount represents the portion of total community park maintenance costs to be borne by the fee,as determined by the City Council, divided by the total number of dwelling units within the city. The amount of the fee shall be increased annually according to the Denver-Bould Consumer Price Index for Urban Consumers, as published by the Bureau of L or Statistics. In no event shall the amount of the fee collected in any one (1 year exceed the projected annual costs for maintenance of community parks. Sec. 7.5-103. Billing; collection; expenditure of proceeds; enforc ent. (a) The fee shall be billed and collected with monthl City utility bills issued on or after January 1, 2007,pursuant to Article XII of C pter 26 of the City Code regarding utility accounts, billing and collections, f each dwelling unit utilizing City utilities,whether billed to the owner or occup t of such dwelling unit, except that the City may not disconnect utility services to property solely for non- payment or delinquent payment of the community par aintenance fee. (b) The utility shall be entitled to retain m fee proceeds,or to otherwise be reimbursed for,its costs of billing and to be ,as required by Article V, §23 of the Charter. The remaining proceeds from the ee shall be deposited in a restricted account within the General Fund and shall b used solely to fund the maintenance and repair of community park facilities d infrastructure, the administration of community parks, the construction of minor capital improvements, and the replacement of existing facilities. (c) The Financial Of er may formulate and promulgate rules and regulations for the administration fthis Article,not inconsistent with the provisions of this Article, with respect to he billing and collection of the community park maintenance fee and other r ated matters. Such rules and regulations shall be consistent with rules and gulations authorized by § 26-720 of the City Code regarding billing and co tion of utility fees and charges. Sec. 7.5-104. Unpai charges a lien. (a) Th fee imposed by this Article, together with interest and the collection costs, f not paid by the due date specified on the utility bill, constitute a perpetual lien n the property to which the fee applies. (b) The attachment of such lien is not dependent on the recording of written n tice, and the lien is prior and superior to all other liens, claims, titles and encum ances whether or not prior in time except liens for general taxes and utilities. The h n remains attached to the property from the date the fees became due until the del' quent fees, together with interest and costs of collection, if any, are paid. DEFEATED ON SECOND READING -3- (c) When the tenant in possession of the property served or y third person pays the communitypark maintenance fee,it shall relieve the lan wner from the obligations and lien imposed by this Article,but the City shall no a required to seek payment of the community park maintenance fee from any per n other than the owner. No change of ownership, occupation or possessio shall affect the application of this Section, and the failure of any owner to di over that he or she purchased property against which a lien for the communit park maintenance fee exists shall in no way affect such owner's liability for pa ent in full. (d) The City may enforce the lien by a suit r foreclosure and sale of the property subject to the lien. The proceeds of the sal shall be applied to the unpaid fees and allowable costs in the manner provided r foreclosure of statutory liens. The lien may also be enforced by certification of sessment upon the property to the County Treasurer for collection by the Coun in the same manner as delinquent general taxes and special assessments upo such property are collected or by any other means provided by law. (e) Delinquent fees togeth with interest and collection costs may also be collected by civil suit against the wner of the property served, or by any other lawful means, at any time after a charges become delinquent. The remedies provided under this Article are c ulative and supplemental to each other. Sec. 7.5-105. Rebates. (a) Persons w meet the requirements listed in§25-49 of the City Code regarding the sales tax r ate on food may apply annually for a rebate of up to one hundred(100)percent the community park maintenance fee paid in the preceding calendar year. (b) Th inancial Officer shall administer the rebate program established by this Section, d may prepare a rebate application form, adopt rules and regulations con stent with the provisions of this Article and audit and verify the applications s miffed pursuant to this Section. Any refund application form shall require the a licant to verify and sign the application under oath. The burden shall be on the a licant to prove entitlement to a rebate under this Section, including proof that a applicant paid the community park maintenance fee in full for the calendar ear for which application is made. The Financial Officer may require reasona a information to support the rebate application. Sec. 7 -106. Appeals. Property owners or tenants may appeal to the Director in writing at any time the question of whether properties owned or occupied by them are dwelling units su ject to the provisions of this Article. The burden shall be on the applicant to p ovide substantial, competent evidence that the property that is the subject of the DEFEATED ON SECOND READING -4- appeal is not a dwelling unit. The Director may hold a hearing on the appeal in s or her discretion,and may consider other competent evidence provided by City aff. The Director's written decision shall be mailed to the applicant within thi (30) days of receipt of the appeal. The applicant may appeal the Director's decis' n to the City Manager pursuant to Division 3 of Chapter 2 of the City Code. uccessful applicant shall not be entitled to a refund of any fees paid for the su ect property prior to the date of the Director's decision. Introduced, considered favorably on first reading, and ordered blished this 7th day of November, A.D. 2006, and to be presented for final passage on the st day of November, A.D. 2006. ayor ATTEST: City Clerk Passed and adopted on final readin n the 21 st day of November, A.D. 2006. Mayor ATTEST: City Clerk DEFEATED ON SECOND READING -5-