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Commission conducts first reading of public safety fee ordinance (Ordinance 13 o 2)
Summary
Commission conducted the first reading by title only of Ordinance 13 o 2 to establish a public-safety fee; staff said legal review requires the fee be billed through accounts receivable (not a lien) because collecting it as a utility lien would make it a tax.
The commission conducted the first reading by title only of Ordinance 13 o 2, which would enact a public-safety fee under municipal code chapter 3, section 33. Staff and legal review found the proposed collection method could be treated as a tax if collected via lien on utility accounts, so the revised approach is to bill the fee through accounts receivable as a separate statement tied to meter size for commercial and industrial customers.
"This cannot be done that way because it would be considered a tax," the city said during the discussion on legal constraints. Finance and administrative staff explained the implementation will require initial setup time but that monthly billing as a separate accounts-receivable charge should not be overly burdensome; commissioners conducted the first reading by title only and the motion carried by voice vote.
