Ordinance No. 19773 - 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 i s col 1 acted. E. Whenever the City Counci 1 has authorized an intergovernmental agree- ment which requires the City to impose an SDC, the city manager may estab1 i sh 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 Ordnance or any future amendment thereto. F, The system development charge established herein i s intended to be a charge upon the act of development by whomever seeks the level apment permit, It ~ s a fee far serve ce because ~ t contempt ates a deve1 opment'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 i s not intended to be a tax on property ar on a property owner as a direct consequence of ownership of prop- erty w~th~n the meaning of Sec llb, Art. X1 of the Oregon Constitution ar the legislation implementing that section. H. Even i f the SDC herein imposed i s viewed under Sec 11 b, Art. xI of the Oregon Constitution as a tax against property or against a property owner as a d~ rect consequence of ownership of that property, i t i s an incurred charge within the meaning of that Section and the statutes implementing i t be - cause: 1. It allows the owner to control the quantity of the service by determining the extent of level oprnent to occur upon the property. 2. It allows the owner to determine when the service i s to be initiated ar increased by controlling when the development occurs . 3. State 1 aw and the ordinances of this City require the owner to provide certain basic utility and infrastructure services to the prop- erty when i t i s level aped for human occupancy. The provision of these basic services are a rout i ne ob1 i gat i on of the owner of the affected property and essential to the health and safety of the cammuni ty. I . Among the basic services which the City i s required to provide its res~ dents are the caps tat improvements as defined i n this ordinance. J. The SDC imposed by this ordinance is based upon the costs of provid- ing existing or planned for capital improvements and does nat impose charges on persons not recei vi ng a servi ce and imposi ng a burden upon the City's existing capital improvements. Section 2. Section 1,010 of the Eugene Code, 1911, is amended by add- i ng the fol 1 owi ng definitions i n alphabetical order therein, to provide: Ordinance - ~