Ord 2536- Amend Ordinance 2250 (Park and Rec SDC).r ORDINANCE AMENDING AND REPEALING SECTIONS OF ORDINANCE
PARKS2250 (THE RECREATIONPCHARGES
ORDINANCE) BASED UPON A METHODOLOGY REPORT DATED JULY 11, 2016
AND SETTING AN
EFFECTIVE DATE
WHEREAS, CARS 223.297 - 223.314 authorizes local governments to
impose System Development Charges; and
WHEREAS, the City has adopted Ordinance 2250 establishing Parks
• r Recreafion System !- - pment Charges;and
WHEREAS, the City last updated the Parks and Recreation System
Development Charges Methodology on November 19, 1999; and
WHEREAS, the City seeks to ensure that future growth contributes its
fair share toward the cost of improvements and additions to parks and
recreation facilities that are necessary to accommodate the needs of
such growth; and
HERE, the City recently completed an update to the Parks and
Recreation System Development Charges Methodology and wants to
adopt it as the justification for new Parks and Recreation System
Development Charges, NOW, THEREFORE,
Section 1. Section 1' (T) of Ordinance 2250 is amended to read as
follows;
(T) "Reimbursement fee" shall mean a fee for costs associated with
capital improvements already constructed or under construction on the
effective date of this ordinance
Section 2. Section 1i (U) of Ordinance 2250 is amended to read as
follows;
(U) "Right -of -Way" shall mean that portion of land that is dedicated
for public use.
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ORDINANCE NO. 2536
Section 3. Section I (V) of Ordinance 2250 is amended to read as
follows:
(V) "System Development Charges" shall mean an improvement
fee or reimbursement fee assessed or collected at the time of increased
usage of a capital improvement or issuance of a development permit or
building permit. System Development Charges are separate from and in
addition to any applicable tax, assessment, fee in lieu of assessment, or
other fee or charge provided by law or imposed as a condition of
development.
Section 4. Section 3 (B) of Ordinance 2250 is amended to read as
follows:
L(.3 MM -TV -10 Ego a to I
(1) The City hereby adopts and incorporates by reference the
report entitled "Methodology Report - Parks and Recreation System
Development Charges" dated July 11, 2016, particularly the
assumptions, conclusions and findings in such study as to the
determination of anticipated costs of capital improvements
required to accommodate growth and the rates for system.
(2) System Development Charges are imposed on all new
development in the City for capital improvements for parks and
recreation. The System Development Charges shall be paid in
addition to all other fees, charges and assessments due for
development, and are intended to provide funds only for capital
improvements necessitated by new development.
(3) The City shall, based upon the report referred to in
subsection (1) above, adopt by resolution the amounts of System
Development Charges.
(4) Additional System Development Charges may be
assessed by the City if the demand placed on the City's capital
facilities exceeds the amount initially estimated at the time System
Development Charges are paid. The additional charge shall be for
the increased demand or for the demand above the
underestimate, and it shall be based upon the fee that is in effect
at the time the additional demand impact is determined, and not
upon the fee structure that may have been in effect at the time the
initial System Development Charges were paid. This provision does
not apply to single family or other residential units unless additiona
rental units are created.
(5) Notwithstanding any other provision, the System
Development Charge rates adopted pursuant to this ordinance
may on January 1st of each year, after the first year that the
ordinance is effective, be adjusted by the City Council to account
for changes in the cost of constructing facilities. The adjustment
factor shall equal the change in construction costs according to
the Engineering News Record (ENR) Northwest (Seattle, Washington)
Construction Cost index.
The System Development Charge Adjustment Factor shall be used
to adjust the System D,eveiopment Charge rates, unless they are
otherwise adjusted by action of the City Council based on
adoption of an updated methodology or capital improvements
plan (master pian).
Section S. Section 6 of Ordinance No. 2250 is amended to read as
follows:
Effective Date. This ordinance shall be legally effective on October
13, 2016.
Approved as to form:
City Attorney -Date ')
2=6
Passed by the Council
Submitted to the Mayor
Approved by f he Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
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ORDINANCE NO. 2536
Kathryn Figll 6y, Kayo