Or. Admin. Code § 125-090-0035

Current through Register Vol. 64, No. 1, January 1, 2025

Section 125-090-0035 - Base Rates for Parking; Adjustments; Special Rates for Other Uses

(1) Under ORS 276.594, DAS has authority to establish rates and charges for parking Motor Vehicles and for other transportation uses in Parking Facilities. DAS declares that there is a market for Commercial Parking available within five blocks of the Parking Facilities in each of the cities of Salem, Portland and Eugene.

(2) DAS shall establish charges for use of Parking Facilities consistent with the policies stated in ORS 276.591, including charges for parking Motor Vehicles. DAS may establish charges for parking Bicycles in secure parking areas in Parking Facilities and in Bicycle lockers, and other charges identified in these rules for Parking Facilities.

(3) DAS shall calculate the charges for using Parking Facilities upon a base rate for uncovered unreserved Parking for Motor Vehicles that considers the following factors:

(a) DAS's actual and anticipated expenses for administration of Motor Vehicle parking in Parking Facilities;

(b) Local market conditions and prevailing charges for Commercial Parking; and

(c) DAS's actual and anticipated expenses undertaken to operate, maintain and improve Parking Facilities, including debt service, depreciation, ad valorem property taxes as required by ORS 276.592, reasonable capital development funds, and revenue recovery adequate to offset any amounts lost by DAS through the provision of Carpool incentive rates under ORS 276.601 and through encouragement of the use of Alternative Transportation Modes.

(4) Notwithstanding subsection (3), DAS may:

(a) Establish charges at less than the base rate under section (3) for the parking of Motorcycles in Parking Facilities.

(b) Provide open Bicycle racks at unsecured Parking Facilities at no charge for the use of the racks, and establish charges at less than the base rate for the parking of Bicycles in Bicycle lockers and secured areas in Parking Facilities. In setting Bicycle parking rates, DAS shall consider the administrative cost of Bicycle registration and the other Parking Facility expenses listed in subsection (3) above that are related to Bicycle registration and parking.

(c) Encourage the use of Carpools and offer Carpool incentive reductions to the base rate based upon the number of participating riders.

(d) Furnish parking spaces free or at rates reduced from the base rate in designated areas where conditions show no or a reduced market for Commercial Parking, and for those State Employees participating in a program that encourages the use of parking spaces in non-congested areas.

(e) Establish charges less than the base rate where DAS determines that community hardship or significant reduction in demand for the parking in Parking Facilities is likely to occur.

(f) Establish charges in excess of the base rates, and for each Parking Facility, to recognize the following conditions:

(A) Reserved parking;

(B) Improved parking (including charging stations for electric cars);

(C) Covered parking (fully covered parking);

(D) Secured parking (limited public access);

(E) Local market conditions and prevailing charges for Commercial Parking;

(F) Parking that is made available to persons who are not State Employees;

(G) Administrative costs arising from use of Parking Facilities in violation of these rules.

(g) Negotiate a unique rent or charge structure based on the uses provided by a special use agreement to benefit the general public, the local community or the State. DAS shall determine all rates and charges applicable to special use agreements through an analysis of similar activities, rates and charges at comparable Parking Facilities and consideration of overall benefit to the general public and the State.

(5) In establishing the base rate for parking at each of the Parking Facilities, DAS may evaluate the demand and practicality of charging for nighttime and weekend use of such parking. Where the demand and estimated revenues are deemed sufficient to warrant the additional administrative expense, DAS may make certain of its Parking Facilities available to State Employees and others for parking and other transportation uses between the hours of 7 p.m. and 7 a.m. on weekdays, and anytime on weekends. Rates established for such nighttime and weekend parking use must reflect local market conditions for Commercial Parking and established at a level to recover the cost to provide the parking. In those Parking Facilities where charges for evening or weekend parking are established by DAS, DAS shall provide night and weekend parking at no additional charge to persons who have registered for parking with DAS and have paid the appropriate daytime charge for a Parking Facility. DAS shall charge all other persons for nighttime or weekend parking at the amounts specified in the Schedule of Base Rates and Charges.

Or. Admin. Code § 125-090-0035

DAS 1-2024, renumbered from 125-090-0020, filed 12/19/2024, effective 12/19/2024

Statutory/Other Authority: ORS 98.805 - 98.818, 184.340, 276.004, 276.385, 283.100 & 276.591 - 276.601

Statutes/Other Implemented: 276.601, ORS 98.805, 276.591 & 276.594