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2 constructed in the early and mid-1980s with a projected design'life of 20 years~. ' 3 (Resolution 04-'19, para. 2). In MWMC Resolution 02-05, MWMC entered into a : 3 contract with a consulting firm for professional services for, among other matters, a 4 recommendation for an MVVMC facilities plan update and 20-year project list. s (Resolution 04-19, paras. 4, 5, 7 and10). On MaY 6, 2004, MWMC adopted the 6 MWMC 2004 Facilities Plan and 20-year Project List, the first comprehensive ? ·facilities plan update since the odginal facilities were designed and constructed in the 8 eady 1980s. On May 17, 2004, the Common Council of the City of Springfield 9 adopted Resolution 04-19, approving the MWMC 2004 Facilities Plan and the 20-. - 20 year Project List that were adopted by MVVMC on May 6; 2004. That decision is the 21 subject of this appeal. 23 II. The Merits. 13 The MWMc .2004 Facilities Plan and 20-year Project List were prepared to 14 provide the public facilities' plan and list of capital improvements that are required by 15 ORS 223.309(1)4 prior tothe establishment of a system development charge ~6 (,SDC"). (Resolution 04-19, para. 8). ORS 223.297 to 223.314 govern the 27 establishment, modification and implementation-of a System DeveloPment Charge t8 and Methodology. The adoption of a public facilities plan and/or capital improvement 19 plan is required prior to the establishment of a system development charge. (ORS ~ !! . ~ORS 223.309(1) states: "Prior to the establishment of a system development charge, by ordinance or resolution, a local government shall prepare a capital improvement plan, public facilities plan, master plan or comparable plan that includes a list of the capital improvements that the local government intends to fund, in whole HAROLD, LEAHY ~ ~a~.~ or in part, with revenues from an improvement fee and the estimated cost, timing and ~"=~,,*,~ percentage of costs eligible to be funded with revenues from the improvement fee for 223 A Street su,. o each improvement." (541) 746-9621 Fax:(541)7'16-4109 Page 2 - RESPONDENT CITY OF SPRINGFIELD'S MOTION TO DISMISS 5-2