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tary sewer facilities to serve the unincorporated areas and. being reimbursed <br />for such costs as the system"development charge is collected. <br />E. Whenever the City Council has authorized anintergovernmental agree- <br />meat which requires the City to impose an SDC, the-city manager may establish <br />the methodology, .impose. the :charge and coltect and expend .the revenue as <br />though the.samewere city capital improvements and funds as provided in thi's <br />Ordinance or any-future amendment thereto. <br />~'. The system development charge established herein is imended to be a <br />charge upon theact ofdevelopment by .whomever seeks. the development permit. <br />It is a fee for service because it contemplates a Bevelopment's receipt of - <br />essential municipal services based upon the nature of that development. The <br />timing and extent of any development are within the control and discretion of" <br />the developer. <br />G. The SDC imposed by this ordinance is not intended to be a tax on <br />.property or on a property owner as a direct..consequence of ownership of prop- <br />erty within the meaning of Sec Ilb, Art. XI of the Oregon Constitution or the <br />legislation implementing that section. <br />H. Even if the SDC herein imposed is viewed under Sec llb,"Art. Xi of <br />the Oregon Consti"tution as a tax against property or against a property..owner <br />as adirect-consequence of ownership of that property, it is an incurred <br />charge within the meaning of that Section and the statutes .implementing it be- ; <br />cause: <br />1. 'It allows the owner to control the quantity of-the service" by <br />determining the extent of development to occur upon the property. <br />2. It allows the owner to determine when the service is to be <br />initiated ar increased by controlling when the development occurs. <br />3. State law and the ordinances. of this City require the owner to, ' <br />provide certain basic utility and infrastructure services to the prop- <br />erty when it is developed for human occupancy. The provision of these <br />basic services are aroutine-obligation of.-the-owner of-the affected <br />property andessential to the health and safety of the community.. <br />I , Among the ..basic services which the City i s required to provide its <br />residents are the capital improvements as defined "in this ordinance. <br />J. The SDC imposed by this ordinance is based upon the-costs of provid- <br />ing existing or"planned,foracapital, improvements and does not impose-charges <br />on persons not receiving a service and imposing a burden upon the City's <br />existing capital improvements. - <br />Section 2. Section 7.OI0 of the Eugene Code, 1971; is amended by add- <br />ing the following definitions in alphabetical order therein, to provide: <br />Ordinance - 2. ~ '. <br />