HomeMy Public PortalAboutORD-CC-1995-09ORDINANCE 95-09
AN ORDINANCE CREATING CHAPTER 17.57 OF THE MOAB MUNICIPAL
ORDINANCES A FEE STRUCTURE FOR DEVELOPERS TO UNDERWRITE CITY
STAFF EXPENSES FOR LARGE-SCALE PROJECTS.
WHEREAS, the legislative body of Moab, Utah (the "City") has determined that
large-scale projects provide a valued economic and social benefit to the City and its
inhabitants.
WHEREAS, it has been agreed that City staff participation in large-scale private
projects can make a positive contribution to the physical character of the development
and surrounding areas and assures the fiscal integrity of the project to the City and its
taxpayers.
WHEREAS, it has been determined that City staff may be required to devote a
substantial portion of regularly scheduled work time to successfully execute large-scale
private projects at the expense of other regularly scheduled work tasks.
WHEREAS, the City has agreed that the adoption of a fee system for City staff
work required to successfully complete large-scale projects in excess of forty (40) staff
hours would be of benefit to the City and its taxpayers.
WHEREAS, the City Council further finds and determines that it is necessary for
the immediate preservation of the health and safety of the City and its inhabitants
thereof that this ordinance take effect immediately upon its publication as provided
herein.
BE IT ORDAINED BY THE MOAB CITY COUNCIL AS FOLLOWS:
That Chapter 17.57 of the Moab Municipal Ordinances shall be created to read as follows:
Chapter 17.57
A FEE STRUCTURE FOR DEVELOPERS TO UNDERWRITE CITY STAFF
EXPENSES FOR LARGE-SCALE PROJECTS
Sections:
17.57.010 Definitions.
17.57.020 Purpose.
17.57.030 Scope.
17. 57. 040 Evaluation of Estimated City Professional Staff Services Charges.
17.57. 050 Billing Procedure.
17.57.060 Failure to Pay Charges.
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17.57.010 Definitions. For the purposes of these regulations, unless otherwise
defined in other sections of these regulations, the following terms, phrases and words
shall have the meaning herein given:
A. "Large scale projects" means a project that exceeds forty (40) Moab City non-
exempt staff hours to execute.
B. "Staff expenses" means the in -effect wage and benefit rates for all non-
exempt City employees participating in a project at the time that employee hours are
billed using the City's standard time reporting methods.
17. 57.020 Purpose. These regulations establish minimum standards to:
A. Require large-scale project developers to pay their "fair share" of the costs of
non-exempt City staff time necessary to complete the project approval process.
17.57.030 Scope. All provisions set forth in this chapter shall be in effect within
the City of Moab and/or within the urban development zone as set forth within Utah
State Code (Section 10-2-418).
17.57.040 Evaluation of Estimated City Professional Staff Services Charges. The
City Manager, shall oversee the preparation of an evaluation of estimated City
professional staff service charges for projects that, in the opinion of the City Manager,
due of the complexity of planning issues, site design, research and analysis and public
review processes may exceed the 40 hour professional staff service threshold.
The City Manager shall prepare an itemized evaluation for all of the anticipated
work requirements, the projected professional staff hours and the in effect wages and
benefit rates for all non-exempt employees responsible for the work. This evaluation
shall be submitted to both the City Council and the Project Applicant as a guidepost for
the estimation of total staff hours necessary to complete the project under consideration.
17. 57.050 Billing Procedure. The City Recorder, at the end of each month, shall
mail a written statement to each large-scale project applicant, stating the amount of
hours charged to those non-exempt employee (s) undertaking professional work on the
large-scale project and the non-exempt employee (s) wage and benefit rate in effect
during the billing cycle.
17.57.060 Failure to Pay Charges. If any person or organization refuses or fails
to pay a bill issued by the City for non-exempt City staff time directly related to a large-
scale development project within thirty days from the date of billing thereof, the City
Recorder shall notify said person or organization that the city shall cease all technical
and administrative work on the designated project after ten days from the date of
notification. Before City staff shall resume any technical or administrative work, all
delinquent charges including a penalty of 1.5 percent per month shall be paid in full.
The City Recorder is authorized to enforce the payment of all delinquent charges by an
action in law in the corporate name of the City (Ord. 87-04 Section 5,1987: Prior Code
Section 26-66).
PASSED, ADOPTED AND APPROVED by the City Council of the City of Moab in
open session this 2ariday of A €, 1995, This Ordinance shall take effect immediately
upon passage.
DONE IN OPEN COUNCIL this 221.41a
Atgust
Daniel W. Mick
Mayor Pro -Ten of Moab City
A. D.,1995.
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