12-07-1992 WS - Laserfiche WebLink

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DRAFT 11/92 ELEMENTS OF A TRANSPORTATION UTILITY Definitions. For the purposes of this section, the term "municipality" means a home rule charter or statutory city. The term "governing body" means the city council. Authorization. Authority for a municipality to impose a transportation utility fee is enabling only. No municipality is required to use the fee. Only municipalities which follow the • procedures for adoption may impose the fee. Procedures for adoption. The governing body of a municipality may impose a transportation utility fee coterminous with its territorial limits, by ordinance adopted by a two-thirds vote of all its members. No such fee shall be adopted until after a public hearing has been held on the question. A notice of the time, place, and purpose of the hearing shall be published for two successive weeks in the official newspaper of the municipality (or in a qualified newspaper of general circulation in the municipality, and the last notice be at least seven days prior to the day of the hearing. The ordinance, when adopted, shall be filed with the county auditor and county recorder. Collection. An ordinance adopted under this authority shall provide for collection of the transportation utility fee on a monthly, quarterly, or other basis as the municipality determines. The municipality may use regular utility billings, for such services as water, sewer or stormsewer, to implement the transportation utility charges. A municipality may provide for certifying unpaid transportation utility fees to the county auditor against the property on which the fee is imposed for collection. The fee may be collected from all properties within the municipality. Properties which are exempt from property taxes still be subject to the fee. Master plan requirement. A municipality shall be allowed to use the transportation utility only after preparation and adoption of a "master plan." A capital improvement plan (CEP), public facilities plan, or comparable information and planning document providing a five year program will qualify. The plan shall include information on proposed reconstruction, facility upgrade, and maintenance expenditures. The plan must include information on the proposed funding sources for all projects. The governing body of a municipality may, by resolution of its members, adopt or revise the master plan. The plan shall be annually updated to reflect a five year planning program. No transportation utility fee be authorized without adoption of a master plan. A notice of the time, place, and purpose of the hearing to adopt the master plan shall be published for two successive