Order No. 2009-0021

AN ORDER ESTABLISHING A PUBLIC SAFETY FEE (PSF) IN THE AMOUNT OF THREE(3) DOLLARS PER EQUIVALENCY DWELLING UNIT (EDU) PER MONTH FOR THE PURPOSE OF FUNDING THREE (3) POLICE OFFICER POSITIONS

RECITALS:

1. The City has had a long standing need for additional police officers as shown by the City staffing levels when compared to the national average for western states and other cities in Oregon of comparative size.

2. During the City’s budget process as early as 2001-2002, the need for additional police officers has been discussed and acknowledged through that process.

3. The Budget Committee and the City Council through the local budget process have authorized additional police officers over the past few years, but the revenue has not been available.

4. Police Chief Casey has conducted an extensive public outreach program informing the community of the need for additional police officers; the increased demand for police services; the impact that the lack of staffing has on the department; the ability to deliver such services with the present staffing level; and the future needs of the department.

5. The City Council adopted Ordinance 2009-2714, which authorized the establishment of a public safety fee to fund police and fire services. The ordinance provided a process for such establishment and adopted code provisions. The ordinance is hereby attached as Exhibit “A” and by this reference incorporated.

6. The City administration has presented an Administrative Report to the City Council recommending that a public safety fee (PSF) be implemented. The PSF would support the funding of three (3) newpolice officer positions to increase the staffing level of the Newberg-Dundee Police Department. This report is hereby attached as Exhibit “B” and by this reference incorporated.

7. In accordance with the process, the City Council has conducted on July 6, 2009, at their regular scheduled meeting a public hearing to determine if the request for the PSF meets the criteria as provided for in the Newberg Code. The format for that hearing is marked as Exhibit “C,” which is hereby attached and by this reference incorporated. The criteria for establishing the PSF is listed in Exhibit “A,” Section 5 of the ordinance and listed in Section 36.37 of the Newberg Code, which is also contained in Exhibit “A.”

8. The City Council has taken into consideration the facts and information presented to them, as well as the testimony presented during the public hearing.

THE CITY OF NEWBERG ORDERS AS FOLLOWS:

1. Recitals: The Recitals are hereby adopted by the City Council and considered facts in the deliberation.

2. Public Safety Fee (PSF): A PSF is hereby established and authorized to be charged as follows:

     a. Amount: Three (3) dollars per equivalency dwelling unit (EDU) per month will becharged on all water meters within the City of Newberg.

     b. Responsible Party: The person(s), firm, corporation, or entity (hereinafter referred to as “person”) responsible for the water utility charge will be responsible for the PSF. If there is no water service to the developed property, the person with the right to occupy the developed property will be responsible for the PSF.

     c. Implementation: The PSF will be implemented and charged through the August 2009 water utility bill. However, the city manager (CM) has the authority to delay implementation if the CM deems it necessary, but the PSF will be implemented as soon as possible if delayed after the August billing.

     d. Expenditures: The revenue collected from the PSF will be used to fund three (3) additional police officer positions including all necessary expenses.

     e. PSF Designation: The PSF will be referred to as Police Officer Public Safety Fee (POPSF).

3. Administrative Report: The administration has presented to the City Council an Administrative Report recommending an amount and the implementation of the PSF. The City Council adopts the administration report, as well as all facts and information in report. The Administrative Report is Exhibit “B.”

4. Hearing Format: Exhibit “C” is the hearing format to be used for this Order.

5. Findings of Fact: The City Council adopts the Findings of Fact as present in Exhibit “D,” which is hereby attached and by this reference incorporated. The Findings of Fact addresses the criteria for establishing the PSF. The Council finds that the criteria for establishing the PSF has been met and satisfied.

6. Administration: Under the authority of the CM, the City administration is hereby delegated the authority to administer the PSF, including charging, collecting, and implementing of the PSF. The city manager is hereby delegated all necessary authority for implementation and administration of the PSF. Furthermore, the CM is delegated the authority to do all necessary acts; enter into all necessary agreements; and execute any other necessary documents for the implementation and collection of the PSF. This authority is in addition to the authority given to the administration under Newberg Code provision conditions for implementation and collection are presented in Exhibit “E,” which is hereby attached and by this reference incorporated. The authorized conditions are to be implemented by the administration.

7. Appeal:  Any dispute, claim, or other disagreement concerning the implementation, charges, and collection of the PSF including but not limited to determination of the number of EDU's; the amount of the PSF to be charged; the responsible party; and settlement of disputed claims will initially be made by the City finance director. Appeal of this decision will be to the city manager. The city manager's decision will be final.

EFFECTIVE DATE of this order is the day after the adoption date, which is: July 7, 2009.

 ADOPTED by the City Council of the City of Newberg, Oregon, this 6th day of July, 2009.