Transportation Maintenance Utility Fees - are, or should these even be legal?

Clackamas County is entertaining a proposal from Staff to fund road maintenance in unincorporated areas of the county through new fees on a property's assessed value or on estimated vehicle trips for the property.  Setting aside the County's need for money for road maintenance, the funding schemes seem fishy.

At what point do mandatory "fees" based on assessed property values become property taxes?  What happened to the property tax limit of  3% per year?  And how can the county determine the number of vehicle trips per property when comparing differing car ownership and personal driving habits?  An average number of vehicle trips per property type that does not account for actual usage is unfair.  Aren't these just another formula to tax property while calling it something else?  And shouldn't the public have an opportunity to vote on new or increased taxes on their property?

In their Transportation Services Plan (part of the county's comp plan amendments) the county speaks truthfully: "Use all financial means possible and take the lead in developing new funding sources to construct needed projects."  Chapter 5, Transportation, Pg. V-4, General Transportation Goals.  

Curiously - or not - the county has one of those frequent policy contradictions where it wants us to drive less, yet wants to charge us for vehicle miles traveled (VMT), presumably hoping for increased revenue as either an increase in actual or average vehicle trips.  "Goal:  Reduce Vehicle Miles Traveled per Capita by 10% by year 2020 (using year 2000 as a base year)."  Pg. V-13,  Transportation Demand Management.  See link for Chapter 5 above.  Side note:  on the same page, Policy 4 suggests the county provide bike and pedestrian facilities for employees to commute to employment centers.  Huh?  In Clackamas County?  Has anyone looked at a map lately?  

Sample charts of fees based on funding types appears as Attachment-A to the Staff Report for the Commission's work session on Tuesday.  As you look at the numbers, remember that they are monthly fees, not annual.

        Seven Basicl Sources of Revenue 
        for County Road Maintenance 

• –  Federal revenue
  
• –  County Road Fund
  
• –  Special state revenue programs
  
• –  Local governments and other agencies
  
• –  Other revenue sources – County-conditioned, developer-financed improvements
  
• –  Transportation System Development Charges (TSDCs)
  
• –  Urban Renewal (Tax Increment Financing [TIF]