TRANSPORTATION USER FEE.

Austin City Code tit. 14, ch. 14-10

in effect

Austin City Code § 14-10-1 DEFINITIONS.

§ 14-10-1 - DEFINITIONS. (A) In this chapter: (1) BENEFITTED PROPERTY means: (a) a residence; (b) a business; or (c) a lot or parcel on which improvements have been constructed and that generates motor vehicle trips. (2) DIRECTOR means the director of the Public Works Department. (3) MOTOR VEHICLE TRIP means each departure from and each arrival to a property by a motor vehicle. (4) TRANSPORTATION USER FEE means the fee established by this chapter. (5) TRANSPORTATION SYSTEM means: (a) the structures, traffic controls, streets, rights-of-way, bridges, alleys, and other facilities that are dedicated to the use of vehicular traffic, and accessory pedestrian facilities such as sidewalks; and (b) the acquisition, construction, operation, administration, repair, maintenance, improvement, and extension of those facilities. (6) TRIP FACTOR means the number of trips per acre per day assumed for a developed use divided by 40 and rounded up to the nearest tenth. (7) USER means the person who is responsible for the payment of charges on a City utility meter for a benefitted property. (B) In this chapter: (1) Uses of property have the same meanings they have in Article 1 (Zoning Uses) of Subchapter A (Zoning Uses, Districts, and Maps) of Chapter 25-2 (Zoning Uses, Districts, and Maps), except that the description of a use does not exclude a use included in a more specific category. (2) A residential use includes any use described in Section 25-2-3 (Residential Uses Described). (3) A non-residential use includes any use described in Article 1 (Zoning Uses) of Subchapter A (Zoning Uses, Districts, and Maps) of Chapter 25-2 (Zoning Uses, Districts, and Maps), other than the uses described in Section 25-2-3 (Residential Uses Described). Source: 1992 Code Section 15-6-1; Ord. 031204-12; Ord. 031211-11.

Austin City Code § 14-10-2 FINDINGS.

§ 14-10-2 - FINDINGS. (A) The council finds: (1) It is appropriate that a user of a benefitted property pay the prorated annual cost of the transportation system that can reasonably be attributed to the benefitted property. (2) The number of motor vehicle trips generated by a benefitted property may reasonably be used to estimate the prorated cost of the transportation system attributable to a benefitted property. (3) The size and use of a property may reasonably be used to estimate the number of motor vehicle trips generated by the property. (4) Based on the best available data, the method of assessing the fee set forth in this chapter reasonably prorates the cost of the transportation system among users. (5) A maximum trip factor avoids a disproportionate burden on a user. (B) The council finds that: (1) if available, appraisal district property tax records may be relied on to determine the size of a non-residential property; and (2) it is equitable to assume: (a) five single family residences per acre; (b) seven mobile homes per acre; (c) 10 duplex, two-family residential, townhouse residential, or condominium units per acre; (d) 12 multifamily units per acre in developments of three or four units; and (e) 25 multifamily units per acre in developments of five or more units. (C) The council finds that it is reasonable and equitable to assume that each utility meter in the service area serves a user of a benefitted property. (D) The council finds that, except as provided in this subsection, residential use generates approximately 40 motor vehicle trips per acre per day. (1) Condominium residential use and townhouse residential use generate approximately 60 motor vehicle trips per acre per day. (2) Mobile home residential use generates approximately 35 motor vehicle trips per acre per day. (3) Duplex use, two-family residential use, and multifamily residential use with fewer than five units generate approximately 70 motor vehicle trips per acre per day. (4) Multifamily residential use with five or more units generates approximately 150 motor vehicle trips per acre per day; (5) Group residential use, retirement housing use, and bed and breakfast residential use generate approximately 200 motor vehicle trips per acre per day. (E) The council finds that, except as provided in this subsection non-residential use generates 200 or more motor vehicle trips per acre per day. (1) The following uses generate approximately 180 motor vehicle trips per acre per day: (a) administrative and business offices; (b) financial services; (c) medical offices; (d) professional office; (e) software development; (f) administrative services; (g) counseling services; (h) guidance services; and (i) communication services. (2) The following uses generate approximately 80 motor vehicle trips per acre per day: (a) aviation facilities; (b) railroad facilities; and (c) transportation terminal. (3) Research warehousing services uses generate approximately 56 motor vehicle trips per acre per day. (4) The following uses generate approximately 40 motor vehicle trips per acre per day: (a) private primary educational facilities; (b) private secondary educational facilities; (c) business or trade school; (d) college and university facilities; (e) convenience storage; and (f) limited warehousing and distribution. (5) The following uses generate approximately 20 motor vehicle trips per acre per day: (a) religious assembly; and (b) marina. (6) The following uses generate approximately 16 motor vehicle trips per acre per day: (a) electronic prototype assembly; (b) research assembly services; (c) research services; (d) basic industry; (e) light manufacturing; and (f) resource extraction. Source: 1992 Code Section 15-6-2; Ord. 031204-12; Ord. 031211-11.

Austin City Code § 14-10-3 TRIP FACTORS.

§ 14-10-3 - TRIP FACTORS. (A) The director shall assign to each benefitted property a trip factor according to the property's use. The director shall assume for each benefitted property the number of trips per acre per day set forth in Section 14-10-2 (Findings). The director shall assume no more than 200 trips per acre per day for any property. (B) For purposes of this section, a property's use does not depend on the property's zoning. If a property fits more than one category of use, the director shall assign a trip factor that most accurately reflects the number of motor vehicle trips generated by the property. Source: 1992 Code Section 15-6-3; Ord. 031204-12; Ord. 031211-11.

Austin City Code § 14-10-4 DEVELOPED ACREAGE.

§ 14-10-4 - DEVELOPED ACREAGE. (A) Except as provided by Subsection (C), the director shall determine the number of developed acres of a non-residential benefitted property by subtracting from the total number of acres of the property shown in appraisal district records: (1) the number of acres of any portion of the property that is in its natural state; and (2) 90 percent of the number of acres of any portion of the property not in its natural state that is: (a) part of a contiguous area that is .2 acre or greater in size; and (b) not under impervious cover. (B) If appraisal district records are unavailable, the director may determine the size of a non-residential benefitted property from the best available information. (C) If a non-residential benefitted property includes a building of eight stories or more, the developed acreage is the square footage of the building expressed in acres, minus any space devoted to a parking garage. Source: 1992 Code Section 15-6-4; Ord. 031204-12; Ord. 031211-11.

Austin City Code § 14-10-5 FEE ESTABLISHED.

§ 14-10-5 - FEE ESTABLISHED. (A) A transportation user fee is assessed against each user. (B) The amount of the monthly transportation user fee per acre shall be set by ordinance. (C) Each month each user of a benefitted residential property shall pay an amount equal to the monthly fee per acre multiplied by the trip factor assigned to the property multiplied by: (1) .2 for each single-family residence; (2) .143 for each mobile home; (3) .1 for each duplex, two-family residential, townhouse residential, or condominium unit; (4) .0833 for each unit in a multifamily development with three or four units; (5) .04 for each unit in a multifamily development with five or more units; or (6) the developed acreage as calculated under Section 14-10-4 (Developed Acreage). (D) Each month each user of a benefitted non-residential property shall pay an amount equal to the monthly fee per acre multiplied by the trip factor assigned to the property multiplied by the developed acreage as calculated under Section 14-10-4 (Developed Acreage). Source: 1992 Code Section 15-6-5; Ord. 031204-12; Ord. 031211-11.

Austin City Code § 14-10-6 TRANSPORTATION FUND.

§ 14-10-6 - TRANSPORTATION FUND. (A) The transportation user fee shall be used only for the transportation system. (B) A transportation fund is created to identify revenues and expenses attributable to the transportation system. (C) Transportation user fees shall be deposited in the transportation fund. (D) Money from sources other than the transportation user fee that is available for construction and maintenance of the transportation system may be deposited in the transportation fund. (E) An expenditure from the transportation fund need not specifically relate to the property of a particular user from whom the transportation user fee was collected. (F) The director shall provide an annual report on the transportation fund and the transportation user fee to the council. Source: 1992 Code Section 15-6-6; Ord. 031204-12; Ord. 031211-11.

Austin City Code § 14-10-7 METHOD OF COLLECTION.

§ 14-10-7 - METHOD OF COLLECTION. (A) The transportation user fee shall be billed each month on the utility bill for each benefitted property. (B) Payment is due when the user receives the bill. Source: 1992 Code Section 15-6-7; Ord. 031204-12; Ord. 031211-11.

Austin City Code § 14-10-8 ALLOCATION.

§ 14-10-8 - ALLOCATION. If one benefitted property is served by multiple meters or where one meter serves multiple benefitted properties, the director may determine the allocation of the fee among the users by any reasonable method that takes into account the relative contribution of each to traffic generation. In the absence of better information, the director may allocate the fee equally among the users. Source: 1992 Code Section 15-6-8; Ord. 031204-12; Ord. 031211-11.

Austin City Code § 14-10-9 ADJUSTMENTS.

§ 14-10-9 - ADJUSTMENTS. (A) A user may apply to the director for an adjustment in the user's monthly transportation user fee if: (1) the user disputes the category of land use used in calculating the fee for the owner's benefitted property; or (2) the user believes the fee has been assessed in error. (B) A user must apply for an adjustment under this section. (C) The director may adjust the transportation user fee for a user who has applied for an adjustment under this section according to the director's best professional judgment. (D) A user who disagrees with a determination of the director under this section may apply for a hearing. The director shall designate a hearing officer with authority to hold the hearing. The user requesting the hearing shall have the burden of proof. On completion of the hearing, the hearing officer shall recommend a disposition of the matter to the director who may revise or reinstate the original determination. (E) If, after a hearing, a user disagrees with a determination of the director under this section, the user may appeal to the council. An appeal under this subsection must be filed with the city clerk no later than the 15th day after the date of the director's determination. If the council does not take action on the appeal by the 45th day after the date the appeal is filed, the director's determination is final. (F) A user may not receive a refund resulting from an adjustment under this section except for a fee paid during the two years immediately preceding the date the user applied for the adjustment. This subsection does not apply to an adjustment applied for on or before May 22, 2000. Source: 1992 Code Section 15-6-9; Ord. 031204-12; Ord. 031211-11.

Austin City Code § 14-10-10 REDUCED FEE.

§ 14-10-10 - REDUCED FEE. (A) If a user believes that the trip factor assigned to the user's benefitted property does not fairly reflect the motor vehicle trips generated by the user's benefitted property, the user may apply for a reduced fee under this section. (B) A user may receive a reduced fee if the user shows that, based on an actual count of motor vehicle trips, the trip factor assigned to the user's property should be reduced. The user is responsible for the cost of counting motor vehicle trips. (C) If the director determines that a user no longer qualifies for a reduced fee under this section, the director may reinstate the full fee. (D) A user entitled to a reduced fee under this section must apply for the reduction. (E) A reduced fee under this section is prospective only. A user may not receive a refund resulting from a reduction under this section. (F) The director shall adopt rules for the administration of this section, including acceptable methods of counting motor vehicle trips. (G) A user who disagrees with a determination of the director under this section may apply for a hearing in the manner provided by Subsection 14-10-9(D) (Adjustments) and, after a hearing, appeal in the manner provided by Subsection 14-10-9(E) (Adjustments). Source: 1992 Code Section 15-6-10; Ord. 031204-12; Ord. 031211-11.

Austin City Code § 14-10-11 DEPOSIT NOT REQUIRED.

§ 14-10-11 - DEPOSIT NOT REQUIRED. The City may not require a user to pay a deposit for the transportation user fee. Source: 1992 Code Section 15-6-11; Ord. 031204-12; Ord. 031211-11.

Austin City Code § 14-10-12 RECOVERY OF UNPAID FEES; ENFORCEMENT.

§ 14-10-12 - RECOVERY OF UNPAID FEES; ENFORCEMENT. (A) The City may recover a transportation user fee that is not paid when due in an action at law. (B) The City may discontinue utility services to a user who fails to pay the transportation user fee when due. Source: 1992 Code Section 15-6-12; Ord. 031204-12; Ord. 031211-11.

Austin City Code § 14-10-13 RULES.

§ 14-10-13 - RULES. The director shall adopt rules necessary for the administration of this chapter. Source: 1992 Code Section 15-6-13; Ord. 031204-12; Ord. 031211-11.

Austin City Code § 14-10-14 EXEMPTIONS.

§ 14-10-14 - EXEMPTIONS. (A) This chapter does not apply to the state, a county, an independent school district, or a public institution of higher education. (B) This chapter does not apply to a property that is vacant. The director may adopt any reasonable method to determine whether a property is vacant. (C) This chapter does not apply to a property that is used only for off-street parking. (D) A user of a residential property may apply for and receive an exemption from this chapter if: (1) the user does not own or regularly use a private motor vehicle for transportation; or (2) the user is 65 years of age or older. (E) A user entitled to an exemption under this section must notify the director of the applicable exemption. A fee paid before the director is notified of an exemption may not be refunded. Source: 1992 Code Section 15-6-14; Ord. 031204-12; Ord. 031211-11; Ord. 040902-40.

Austin City Code § 14-10-15 LIABILITY.

§ 14-10-15 - LIABILITY. This chapter does not imply that a benefitted property will be free from poorly maintained roads, and does not create additional duties on the part of the City. This chapter does not waive the City's immunity under any law. Source: 1992 Code Section 15-6-15; Ord. 031204-12; Ord. 031211-11.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT14USSTPUPR_CH14-10TRUSFEFetched: 10/27/2026