Proposed Ord 8719 2nd rdg Establishing TMF

ORDINANCE 8719

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AN ORDINANCE AMENDING CHAPTER 8-2, “STREETS AND SIDEWALKS,” B.R.C. 1981, BY ADDING A NEW SECTION 82-26, “TRANSPORTATION MAINTENANCE FEE,” IMPLEMENTING A FEE TO OFFSET THE COST OF MAINTAINING TRANSPORTATION INFRASTRUCTURE AND FACILITIES WITHIN THE CITY; AND SETTING FORTH RELATED DETAILS.

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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO:

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Section 1. Section 8-2-26, “Transportation Maintenance Fee,” B.R.C. 1981, is added to read as follows: 8-2-26. – Transportation Maintenance Fee. (a)

Legislative Intent. (1)

Purpose: The purpose of the transportation maintenance fee is to protect public health, safety and welfare:

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i.

By establishing a transportation maintenance fee based on projections of population, residential dwelling units, employment, non-residential floor area, and student enrollment in non-public schools.

ii.

To provide a stable, ongoing source of revenue to ensure that the city has funds to defray the cost of maintaining an effective network of city transportation infrastructure.

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(2)

Intent: It is the intent of the city council in establishing the transportation maintenance fee: i.

To promote public health, safety, and welfare by ensuring the safe and efficient movement of people, goods, and services.

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ii.

To establish a reasonable transportation maintenance fee that is proportionate to the demand for infrastructure based on the city’s estimate of the relationship between such use and the generation of vehicular traffic on the city’s street system, and the city’s estimate of the cost of maintaining the transportation infrastructure as a result of such traffic.

iii.

To establish requirements for the long-term financial responsibility for maintenance of transportation infrastructure to ensure that it continues to function as designed, is maintained, and does not threaten public safety.

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(3)

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Findings: The city council finds and determines that the city historically has provided and will continue to provide transportation infrastructure, and to manage the fee to comply with Article X, Section 20 of the Colorado Constitution.

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(b)

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Definitions. The following words used in this Section 8-2-26 shall have the following meanings, unless the context clearly indicates otherwise: (1)

Institutional use means public and quasi-public buildings providing educational, social assistance, or religious services, but not including public or private universities, or elementary, middle, and high schools.

(2)

Maintenance means activities performed for the upkeep, repair, and safe operation of the city’s transportation facilities and infrastructure.

(3)

Non-residential land use means any commercial, office, institutional, industrial services, research and development, and warehouse facility in the city, and any non-public university, elementary school, middle school, and high school as defined by Colorado law.

(4)

Transportation facilities means any physical amenity or infrastructure that aids in the movement of people, goods, or services.

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(c)

There is hereby established a transportation maintenance fee on each owner of a detached dwelling unit or an attached dwelling unit as defined in Title 9, “Land Use,” B.R.C. 1981, and each owner of a non-residential land use as defined herein, receiving city services. The amount of the fee as established herein is intended to defray the costs of properly maintaining city transportation facilities and infrastructure.

(d)

The owner of each detached dwelling unit, attached dwelling unit, and each nonresidential land use as defined herein, shall pay the transportation maintenance fee

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o-8719 2nd rdg Establishing Transportation Maintenance Fee

prescribed by Section 4-20-78, “Transportation Maintenance Fee,” B.R.C. 1981, for the construction, operation, maintenance, and replacement of transportation facilities and infrastructure.

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(e)

Use of Transportation Maintenance Fee.

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(1)

All monies received from the transportation maintenance fee imposed pursuant to this subsection shall be paid into a separate transportation fund and shall be used exclusively to pay the cost of maintenance of the city’s transportation facilities and infrastructure and not for any general city purposes.

(2)

To the extent that the funds derived from the transportation maintenance fee imposed pursuant to section 4-20-78, “Transportation Maintenance Fee,” B.R.C. 1981 are not sufficient to properly maintain the city’s transportation facilities and infrastructure, the city manager may augment such funds with other city funds as appropriated by city council.

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(f)

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Billing and Payment of Fees. (1)

The transportation maintenance fee charged in any billing period and any notices relating to the fee are effective upon mailing the bill or notice to the last known address of the property owner.

(2)

The charge for the transportation maintenance fee prescribed by this subsection is due within ten days after the date of the bill.

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(g)

If any property owner fails or refuses to pay when due any charge imposed under this section, the city manager may, in addition to taking other collection remedies, certify due and unpaid charges and including, but not limited to, interest, recording fees, and the cost of collection, to the Boulder County Treasurer to be levied against the owner’s property for collection by the county in the same manner as delinquent general taxes upon such property are collected, as provided in section 2-2-12, “City Manager May Certify Taxes, Charges and Assessments to County Treasurer for Collection,” B.R.C. 1981.

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Certification of Unpaid Charges to County Assessor.

(h)

Charges are Lien on Property (1)

No owner of a detached dwelling unit, attached dwelling unit, or non-residential land use shall fail to pay any transportation maintenance fee prescribed by this section.

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(2)

All fees, interest and the cost of collecting them, if any, are a lien that is prior and superior to all other liens, claims, titles and encumbrances, whether prior in time or not, except liens for general taxes, and remain a lien upon the property from the date that the fees, interest and collection costs, if any, are due until the time they are paid.

(3)

The city may enforce the lien against the property or the liability against the owner in an action at law or an action to enforce the lien.

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(i)

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Section 2. This ordinance is necessary to protect the public health, safety, and welfare of

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The city manager is authorized to adopt rules and regulations for the implementation and administration of this subsection.

the residents of the city and covers matters of local concern.

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Section 3. The city council deems it appropriate that this ordinance be published by title

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only and orders that copies of this ordinance be made available in the office of the city clerk for

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public inspection and acquisition.

13 INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY

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TITLE ONLY this 9th day of October 2025.

16 ____________________________________ Aaron Brockett, Mayor

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Attest:

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____________________________________ Elesha Johnson, City Clerk

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READ ON SECOND READING, PASSED AND ADOPTED this 23rd day of October

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2025.

3 4 ____________________________________ Aaron Brockett, Mayor

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Attest:

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____________________________________ Elesha Johnson, City Clerk

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