§ 1-13. Annual fee increase.

(a)

The fees to which this section applies shall be adjusted according to this provision and automatically increased on the first day of January 2012, and on January 1 of each subsequent calendar year, by a percentage equal to the percentage increase shown in the most recent available 12 month Consumers Price Index, if any, over the previous one year period ("the CPI Adjustment"). If there is a decrease in the CPI Adjustment, or if there is no increase in any period measured by the CPI Adjustment, the fees then existing shall remain unchanged.

(b)

For purposes of this section only, the following terms shall have the meanings set forth in this subsection unless the context or other language clearly provides to the contrary:

Contract fee means a fee set forth in and agreed upon by the city in a written contract to which the city is a party and which makes no reference to any provision of the Code.

Franchise fee means a fee charged to be paid to the city by a utility, telecommunications, gas or other public or private utility provider for the privilege of using, occupying or maintaining facilities or infrastructure within a public street or right-of-way or other city property, whether such obligation to pay arises from a contract or state or other law.

License fee means a fee paid to the city for the issuance of a written record authorizing the holder thereof to engage in an occupation, trade, business or other activity or in an activity otherwise unlawful.

Parking fee means a fee paid to the city to park a vehicle in a city-owned parking lot, garage or other structure devoted to such use.

Parking meter fee means a fee paid to the city to park in any portion of a public street in the city designated and marked for the on-street parking of vehicles.

Permit fee means a fee paid to the city to obtain a written record authorizing the holder thereof to engage in an activity, action, event, or other conduct, whether commercial or otherwise, regulated by the city and otherwise unlawful.

Service fee means a fee paid to the city for the provision of a service provided to a person by the city.

User fee means a fee paid to the city for the use of a city-owned or controlled facility, structure, recreational or other area or for the use of a transportation or other facility or service provided by the city.

(c)

Except for the fees excluded by the following subsection, all fees set forth in this Code, and whether made by motion of the city council or by a director acting pursuant to authorization granted by the city council, shall be adjusted according to the procedures set forth in this section. Where a fee subject to this section is established within a range, each end of the range of such fee shall be subject to this provision. Where a maximum fee is established in this Code, the maximum shall also be subject to adjustment under this section.

(d)

This section shall not apply to the following fees:

(1)

Any fee subject to other automatic increase provisions or to other limitations or provisions in this Code or other applicable law, including but not limited to water, sewer, drainage, or similar fees.

(2)

Contract fees;

(3)

Franchise fees; and

(4)

User fees.

(e)

For new fees or fee adjustments that become effective on a date other than January 1, the next following January 1 increase will be prorated so that the increase will be for the amount of increase in the CPI that has occurred between the fee effective date and that January 1.

(f)

Proposal for new fees will be prepared by the department director and forwarded to the director of finance for review prior to being presented to city council for approval.

(g)

The director of finance is authorized to promulgate rules regarding rounding of fee amounts, the treatment of applicable sales taxes and other similar issues.

(Ord. No. 2010-1016, § 3, 12-15-2010; Ord. No. 2011-1168, § 9, 12-14-2011)