The text
9-2a-1 - Purpose.#
The Purpose of this Chapter is to establish a Road Utility to properly receive and expend funds dedicated for road maintenance and repair. This Utility will fund the improvement of City streets and related facilities as may be necessary and proper as determined by City Engineers and the Public Works Director. A Road Utility Enterprise Fund is hereby created for the purpose of providing funds for the improvement and maintenance of Kaysville City streets.
(Ord. 18-4-2, 4/19/2018)
9-2a-2 - Definitions.#
Dwelling - Any building or portion thereof which is designed for use for residential purposes, except hotels, apartment hotels, boarding houses and/or rooming houses, tourist courts and automobile house trailers.
Dwelling, Multiple-family - An attached or detached building containing three (3) or more dwelling units.
Dwelling, Single-Family - A detached building designed for the occupation exclusively by one (1) family.
Dwelling, Two-Family - A detached building containing two (2) dwelling units.
Dwelling Unit - means one (1) or more rooms connected together, but structurally divided from all other rooms in the same building and constituting a separate independent housekeeping unit which may be used for permanent residential occupancy by humans, with facilities for such humans to sleep, cook and eat.
Enterprise Fund - In governmental accounting, a fund that provides goods or services primarily financed or recovered through user charges or fees that make the entity self-supporting.
Non-Residential - Nonresidential land use including, but not limited to, industrial, office, retail, commercial recreation, public, quasi-public, hotels, churches, education institutions, medical facilities, or professional services establishments and/or uses.
Street - Any public street, avenue, boulevard, road, lane, parkway, viaduct, alley, or other way for the movement of vehicular or pedestrian traffic, or a public street or way shown upon a plat, heretofore approved, pursuant to law or approved by official action; and includes the land between street lines, whether improved or unimproved, and may comprise pavement shoulders, sidewalk, curb, gutter, parking areas, and other areas within the right-of-way.
Trip-End - A trip to or from an origin or destination. A trip-end is the standard unit of measure for trip generation and can be measured as one (1) pass by a traffic counter. Two (2) trip-ends are involved in a simple round trip. Round trips with multiple stops include "pass-by trips" at the destinations between the beginning and end of the trip.
(Ord. 18-4-2, 4/19/2018)
9-2a-3 - Road Utility Fund.#
There is hereby created a Road Utility Enterprise Fund, to be reported as an enterprise fund, to be funded by a fee ("fee") assessed by the City within the corporate limits of Kaysville City. Such fee shall be established by resolution of the City Council in such amounts as deemed necessary to provide funds to properly improve and maintain City streets.
The Road Utility shall operate independently of City operations funded by the General Fund except in the addition of Class C funds and unless so altered by the Kaysville City Council. A.
The amount of the fee shall be adopted in the Consolidated Fee Schedule, which may be amended as needed by resolution of the City Council. The amount of the fee charged shall be based upon the following land use categories and subcategories:
1.
Residential.
a.
Residential Class A: Single-family dwelling units.
b.
Residential Class B: Two-family dwelling units.
c.
Residential Class C: Multiple-family dwelling units.
2.
Non-residential.
B.
The fee for each land use category and subcategory shall be based on the relative share of aggregate trips each category and subcategory generates. Trips for residential and non-residential uses shall be based on trip-generation rates as identified in the most recent edition of the Institute of Transportation Engineers (ITE) Trip General Manual. Accommodations may be made to acknowledge certain financial contributions made by certain classes in the Non-residential category.
(Ord. 18-4-2, 4/19/2018)
9-2a-4 - Road Utility Fee.#
The Road Utility Fee shall be billed and collected with and as part of the monthly consolidated utility bill. The person(s) responsible for payment of the fee shall be the same person(s) responsible for payment of the Kaysville City Water utility including Kaysville City buildings and other locations serviced with a Water Utility bill. All such bills shall be rendered monthly by the City and shall become due and payable in accordance with the rules and regulations adopted by the City pertaining to the collection of utility fees, and the City's finance officers shall place all such fees so collected into the fund to be deposited and separately kept to be used only for the road utility purposes provided herein.
(Ord. 18-4-2, 4/19/2018)
9-2a-5 - Billing and Fund Dedication.#
All funds collected by the City from this fee shall annually be paid into the Road Utility Fund, which is hereby created as an established enterprise fund in the City budget. Such revenues shall be used solely for the purposes of the operation, equipment, improvement, and maintenance of Kaysville City streets with the exception of approved administrative costs.
To ensure proper accountability, each year during the annual budget process, the City Council shall receive a report detailing the income and expenditures of the fund including a detailed accounting of the road work performed during the previous twelve (12) month period. This report shall be in writing and shall be presented at a meeting of the City Council.
Upon creation of the utility, all of the roadway facilities and assets shall be transferred to the Enterprise Fund in consideration for the roadway utility assuming primary responsibility for planning, design, construction, maintenance, administration, and operation of the City roadway system.
The City Council finds that all city utilities, including the road utility, are interrelated services that are part of a unified City plan to provide health, safety, and welfare of the City and its residents. In the regular utility bill for any property, the road utility fee shall be charged to the user of the property. The fee shall be deemed a civil debt owed to Kaysville City. Failure to pay any portion of this or any other utility bill may result in the termination of utility service.
(Ord. 18-4-2, 4/19/2018)
9-2a-6 - Appeals.#
Any person who disputes the amount of the fee, or disputes any determination made by or on behalf of the City pursuant to and by the authority of this Chapter, may petition the Kaysville City Finance Director for a hearing on a revision or modification of such fee or determination. Such petitions may be filed only once in connection with any fee or determination, except upon a showing of changed circumstances sufficient to justify the filing of such additional petition.
Such petitions shall be in writing, filed with the City Recorder within thirty (30) days of the date of the utility bill containing the disputed charge or the date of the challenged determination. The facts and figures shall be submitted in writing or orally at an administrative hearing scheduled by the Finance Director, or the Finance Director's designee. The petitioner shall have the burden to prove that the amount of the fee is in error.
Within thirty (30) days of filing the petition, the Finance Director shall make findings of fact based on all relevant information, shall make a determination based upon such findings and, if appropriate, modify such fee or determination accordingly.
If the person or entity is not satisfied with the Finance Director's decision, an additional appeal may be made to the City Manager. The appeal authority of the City Manager shall determine whether the record on appeal includes substantial evidence to support the Finance Director's decision.
(Ord. 18-4-2, 4/19/2018)