Notice of Intent to Adopt Administrative Order No. 2021-01

NOTICE OF INTENT TO ADOPT ADMINISTRATIVE ORDER NO. 2021-01

ADMINISTRATIVE ORDER NO. 2021-01

 OF THE CITY MANAGER OF THE CITY OF ROSEBURG, REPEALING ADMINISTRATIVE ORDER NO. 2010-1 AND INCREASING THE FEES CHARGED FOR EXTRAORDINARY SERVICES REQUESTED OF THE CITY OF ROSEBURG

FINDINGS: 

A.       Section 3.04.040 of the Roseburg Municipal Code (RMC) authorizes the City Manager to "...determine and set all fees imposed by the City for services, goods, private use of municipal property, licenses and permits."

B.       In establishing the following fees, the City Manager has considered the criteria in RMC

Section 3.04.040(B) as follows:

1.               Applicable policies, enactments and directives of the Council; 

The Council and Budget committee have directed that the users of municipal service bear the cost thereof as much as it is reasonably possible.  Requiring people who use an extraordinary amount of service to pay for such service furthers this directive.

2.               The amount charged by the City in the past; 

In the past, the City has charged people who received an extraordinary service from the City those fees which were originally established by Administrative Order 94-1, and as amended by Administrative Order No. 2002-1 and Administrative Order No. 2010-1.

3.               The full costs of providing the service supported by the fee; 

Since the adoption of Administrative Order 94-1, the cost of personnel, equipment, materials and supplies, overhead and administration have increased substantially.   The fees established in Administrative Order 2010-1 no longer support the cost of providing such services.   An increase in such fees is necessary to help recover the costs which will help offset costs traditionally borne by the general taxpayer.

4.               The amounts charged by other comparable providers; and 

In the instances where extraordinary services are charged to a person, there are generally no comparable providers of the services.

5.               The revenue needs of the city as determined by the City budget. 

With the increased limitations on municipal revenue, whenever a person makes an unusual demand for municipal service, that person would be responsible for the expense of that extraordinary service.  The adopted budget sets the general level of municipal services.  In those few instances where extraordinary services are required, the City should be compensated for that service so that the general taxpayer does not have to bear that burden.  When receiving payment for extraordinary services, the fund which bore the expense of providing the service will be reimbursed.

C.       Thirty days prior to the adoption of this Order, notice of the intent to adopt said Order was given as required by RMC Section 3.04.040(C) and (D).

D.       Written comments regarding this Order will be accepted until 5:00 p.m. on September 14, 2021 and any so received will be considered.

THEREFORE, IT IS HEREBY ORDERED THAT, based upon the above findings which are hereby adopted:

Section 1:     For extraordinary services being requested of the City, or if a person has engaged in activities within the City which have caused the City extraordinary expenses, separate and apart from any judicially imposed fine, the City Manager may determine the extraordinary cost to the City and present a statement for reimbursement of the determined costs to the person receiving the extraordinary services.  Such costs may include, but are not limited to, personnel, equipment, materials, supplies and overhead expenses and shall be based upon the rates and charges described in Attachment "A", attached hereto and by this reference incorporated herein.  When the City incurs costs for materials, supplies or professional services, such costs shall be passed on to the person responsible plus 20% for administration and overhead.

Section 2:    If a person is aggrieved by the City Manager's determination under the above Section 1, such person may appeal the matter in the manner set forth in RMC 3.04.050 (C) and (D).

Section 3:    If the person receiving the statement for extraordinary service fails to timely appeal the matter as provided in Section 2 hereof, or if following an appeal and decision by the Council, fails to pay the charge determined by the Council, the City Manager may maintain a civil action for payment of the determined amount plus interest at ten percent per annum, and the City's attorney fees and court costs incurred at trial or on appeal.

Section 4:    This Order shall become effective immediately upon signature of the City Manager.

ADMINISTRATIVE ORDER NO. 2021-01

 ATTACHMENT “A”

Personnel Costs Classification

Actual hourly rate or overtime rate, when applicable, plus benefits. 

Equipment (rates do not include operator costs)

                                                                                              Hourly

Backhoe                                                                   $54.00

Dump Truck                                                             $76.00

Excavator                                                                 $122.00

Flatbed Truck                                                           $35.00

Flusher                                                                     $122.00

Grader                                                                      $83.00

Service Truck                                                            $47.00

Sweeper                                                                   $76.00

Vacuum Trailer                                                         $122.00

Vacuum Truck                                                          $122.00

Materials, Supplies and Outside Professional Services 

Cost plus 20% for administration and overhead.