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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 Councii has authorized an intergovernmental agree- <br />ment which requires the City to impose an SDC, 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 intended 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 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 llb, 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,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 capital 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 />__ <br />