(A) Except as exempted below, beginning with the July 2020 water utility bills, a park services fee is established, imposed upon, and shall be charged to all premises within the corporate limits of the City of Banks and to all premises located outside the city limits but inside the city's urban growth area that are customers of the city's water utility. Unless otherwise specifically exempt, the park services fee applies to all private and publicly owned properties that have City of Banks water utility accounts, including those owned or operated by county, state and federal governments, and special districts. The park services fee also applies to utility accounts that serve premises that are entitled to an exemption from or deferral of ad valorem property taxes, as well as to developed premises within the city that are not city water utility customers. The following types of premises are specifically exempt from payment of the park services fee:
(1) Premises owned by the City of Banks or the Banks Urban Renewal Agency that are property-tax exempt are exempt from the payment of the park services fee.
(2) Unimproved premises within the City of Banks, regardless of whether they are city water utility customers, are exempt from the payment of the park services fee. For purposes of this exemption, "unimproved" means there is no structure on the premises designed or used for human occupation.
(B) For residentially developed Premises inside and outside the city limits that are subject to this chapter, which includes single-family and multi-family structures, the park services fee shall be based on a monthly amount per residential unit established by Council resolution multiplied by the number of residential units on the premises. These premises shall be billed through the city's water utility accounting system. For residentially developed premises that are subject to this chapter but not on the city's water utility billing system, the city shall issue a monthly billing statement to the address listed in the most recent Washington County property tax record.
(C) For non-residentially developed premises that are subject to this chapter, the park services fee shall be based on the water meter size, with a 3/4-inch meter being equivalent to a single-family residence. The city shall adopt a rate methodology by Council resolution that imposes a monthly fee proportionate to the premises' user demand for, and impact upon, the city's park system or benefit derived from the city's park system.
(D) The park services fee provided for in this chapter does not create an obligation of the property or premises, and the obligation to pay the park services fee is a personal obligation of the owner or water service customer responsible for payment of the city water utility account. No lien will attach to any premises because of the nonpayment of the park services fee.
(E) The park services fee described herein is a user utility fee and not subject to the property tax limitations of Article IX, Sections 11b and 11(19) of the Oregon Constitution. The park services fee is not a fee imposed on property or property owners by fact of ownership.
(Ord. 2019-11-01, passed 2-11-2020)