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- •. s~~ ' <br />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 an intergovernmental agree- <br />ment which requires the City to impose an SOC,.the city manager may establish <br />the methodology, impose .the charge and collect and expend the revenue as <br />~ though, the. same were City-capital improvements and funds: as provided in this <br />Ordinance or any future amendment thereto. <br />F. The system°development charge established herein is untended to be a <br />charge upon the act of development 'by whomever seeks the development permit. <br />It is a fee for service because it contemplates"a development's receipt of <br />essential municipal services based upon the nature. of thatdevelopment. The <br />timing and extent of any development are within the control and discretion of <br />the Beveloper. <br />G. The SOC imposed by-this. ordinance is not i mended to be a taxon <br />property or on a property owner.as a direct consequence of ownership of prop- <br />erty within the meaning of Sec llb, Art. XI of the Oregon Constitution or the <br />legisl`atuonimplementing that section.. <br />H. Even if the SDC herein imposed isviewed under Sec llb, Art., XI of <br />the Oregon Constitution as a tax against property or against a property owner <br />as a direct 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 or 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 a routine obligation of the owner of the affected <br />property and essential to the health and safety of the community. <br />I. Among the basic services which the City is 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...for capitalimprovements-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 7.010 of the Eugene Code, ..1971., is amended by add- <br />ng the following definitions in alphabetical order therein, to 'provide: <br />Ordinance - 2 <br />