Admin Order 58-97-02-F - Laserfiche WebLink

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- ~ tary sewer facilities to serve the unincorporated areas and being reimbursed for such~~costs as the system development charge is collected. E. Whenever the City Councii has authorized an intergovernmental agree- ment which requires the City to impose an SDC, the city manager may establish the methodology, impose the charge and collect and expend the revenue as though the same were City capital improvements and funds as provided in this Ordinance or any future amendment thereto. F. The system development charge established herein is intended to be a charge upon the act of development by whomever seeks the development permit. It is a fee for service because it contemplates a development's receipt of essential municipal services based upon the nature of that development. The timing and extent of any development are within the control and discretion of the developer. G. The SDC imposed by this ordinance is not intended to be a tax on property or on a property owner as a direct consequence of ownership of prop- erty within the meaning of Sec llb, Art. XI of the Oregon Constitution or the legislation implementing that section. H. Even if the SDC herein imposed is viewed under Sec llb, Art. XI of the Oregon Constitution as a tax against property or against a property owner as a direct consequence of ownership of that property, it is an incurred charge within the meaning of that Section and the statutes implementing it be- cause: 1. It allows the owner to control the quantity of the service by determining the extent of development to occur upon the property. 2. It allows the owner to determine when the service is to be initiated or increased by controlling when the development occurs. 3. State law and the ordinances of this City require the owner to provide certain basic utility and infrastructure services to the prop- erty when it is developed for human occupancy. The provision of these basic services are a routine obligation of the owner of the affected property and essential to the health and safety of the community. I. Among the basic services which the City is required to provide its residents are the capital improvements as defined in this ordinance. J. The SDC imposed by this ordinance is based upon the costs of provid- ing existing ar planned for capital improvements and does not impose charges on persons not receiving a service and imposing a burden upon the City's existing capital improvements. Section 2. Section 7.010 of the Eugene Code, 1971, is amended by add- ing the following definitions in alphabetical order therein, to provide: - Ordinance - 2