| AGENDA ITEM #: 12. DATE: 07/12/2021 AI #:337 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | AMENDMENT OF GOODYEAR CITY CODE CHAPTER 19, ARTICLE 19-3, SECTION 9-3-1 |
| STAFF PRESENTER(S): | Doug Sandstrom, Finance Director |
SUMMARY
Amend Section 19-3-1 of Goodyear City Code to allow for rate changes within the City User Fee Schedule.
Recommendation
ADOPT ORDINANCE NO. 2021-1511 AMENDING ARTICLE 19-3 (ESTABLISHMENT OF FEES AND TIME OF PAYMENT) OF THE GOODYEAR CITY CODE BY REVISING THE SECTION OUTLINED BELOW; PROVIDING TERMS FOR IMPLEMENTATION, CORRECTIONS OF SCRIVENERS ERRORS, SEVERABILITY, REPEAL AND AN EFFECTIVE DATE. (Doug Sandstrom, Finance Director)
FISCAL IMPACT
This action removes the existing fees from the city code and authorizes adoption of fees via resolution. Changing the method of fee adoption does not have a fiscal impact.
BACKGROUND AND PREVIOUS ACTIONS
On April 10, 1995, the Mayor and Council of the City of Goodyear, Maricopa County, Arizona, pursuant to Ordinance No. 95-517 amended the Goodyear City Code adding a new chapter to provide for establishing fees and procedures for the modification of assessments of municipal improvement districts. The purpose and intent of Ordinance No. 95-517 was to provide for the establishment of fees in order to compensate the City for the expense incurred in analyzing each request for modification and in computing, assessing and collecting new municipal improvement district assessments. Ordinance No. 95-517 limited the amount of fees imposed for the modification and recalculation of an assessment in a municipal improvement district.
In coordination with city staff, MGT Consulting prepared an official User Fee Study Report of Findings which was presented it to the City on April 19, 2021, recommending increasing the municipal improvement district assessment fee associated with modification. The April 19, 2021, User fee Study Report of Findings found the current fee established for the modification and recalculation of an assessment does not compensate the City for the expenses incurred in analyzing each request for modification and recalculation of assessments associated with municipal improvement district(s). In order to recover costs, charges or fees associated with providing related services or materials to the Public through the Goodyear Municipal Fee Schedule, an amendment to Article 19-3 (Establishment of Fees and Time of Payment) must be made.
In coordination with city staff, MGT Consulting prepared an official User Fee Study Report of Findings which was presented it to the City on April 19, 2021, recommending increasing the municipal improvement district assessment fee associated with modification. The April 19, 2021, User fee Study Report of Findings found the current fee established for the modification and recalculation of an assessment does not compensate the City for the expenses incurred in analyzing each request for modification and recalculation of assessments associated with municipal improvement district(s). In order to recover costs, charges or fees associated with providing related services or materials to the Public through the Goodyear Municipal Fee Schedule, an amendment to Article 19-3 (Establishment of Fees and Time of Payment) must be made.
STAFF ANALYSIS
The details of the proposed changes to Section 19-3-1 of Goodyear City Code are shown below:
SECTION 1. AMENDMENT OF ARTICLE 19-3 OF THE GOODYEAR CITY CODE:
Effective September 1, 2021, Goodyear City Code Chapter 19 (Fees and Procedures for Modification of Municipal Improvement Assessment Districts) Article 19-3, Section 19-3-1, Establishment of Fees and Time of Payment is hereby deleted in its entirety and replaced as follows:
§ 19-3-1 Establishment of fees and time of payment.
(A) In connection with any modification or recalculation of an assessment in a Municipal Improvement District, council shall adopt base fees necessary for the full recovery of city costs.
(B) In addition to the base fees, the party submitting the application for modification or recalculation of any assessment shall also pay all outside engineering and legal fees incurred by the City in connection with the review of any modification or recalculation of any assessment (collectively, the outside fees). Base fees are due and payable to the City when the Petition for Modification of Assessment is filed with the City Clerk. Outside fees shall be billed to and paid by the applicant before the modification request is approved by the Council.
(C) All fees and fee amounts for services or other operations of the City governed by this chapter shall be authorized, established and/or amended by resolution of the City Council. Any provision of the code requiring a fee to be authorized or established by ordinance is hereby amended to allow said fees to be enacted, established and amended by resolution.
SECTION 1. AMENDMENT OF ARTICLE 19-3 OF THE GOODYEAR CITY CODE:
Effective September 1, 2021, Goodyear City Code Chapter 19 (Fees and Procedures for Modification of Municipal Improvement Assessment Districts) Article 19-3, Section 19-3-1, Establishment of Fees and Time of Payment is hereby deleted in its entirety and replaced as follows:
§ 19-3-1 Establishment of fees and time of payment.
(A) In connection with any modification or recalculation of an assessment in a Municipal Improvement District, council shall adopt base fees necessary for the full recovery of city costs.
(B) In addition to the base fees, the party submitting the application for modification or recalculation of any assessment shall also pay all outside engineering and legal fees incurred by the City in connection with the review of any modification or recalculation of any assessment (collectively, the outside fees). Base fees are due and payable to the City when the Petition for Modification of Assessment is filed with the City Clerk. Outside fees shall be billed to and paid by the applicant before the modification request is approved by the Council.
(C) All fees and fee amounts for services or other operations of the City governed by this chapter shall be authorized, established and/or amended by resolution of the City Council. Any provision of the code requiring a fee to be authorized or established by ordinance is hereby amended to allow said fees to be enacted, established and amended by resolution.