Ord 2251 - Amend Ord 2070 Wtr/S
COUNCIL BILL NO. 2010
ORDINANCE NO. 2251
AN ORDINANCE AMENDING ORDINANCE NO. 2070 TO ADDRESS ONLY WATER
AND SEWER SYSTEM DEVELOPMENT CHARGES AND SETTING AN EFFECTIVE
DATE.
WHEREAS, on November 8, 1999, the City conducted a public hearing on Parks and
Recreation Systems Development Charges (SDC's), and
WHEREAS, pursuant to ORS 223.297 - 223.314, methodology justifying the Parks and
Recreation SDC's was adopted by ordinance, and
WHEREAS, Ordinance No. 2070 established a prior methodology for Water, Sewer and
Parks and Recreation SDC's; and
WHEREAS, the Water and Sewer System Development Charges are still based on the
methodology contained in Ordinance No. 2070; and
WHEREAS, certain housekeeping amendments are now necessary to modify Ordinance
No. 2070 so that it references only Water and Sewer System Development Charges; NOW,
THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Section 1 (D) of Ordinance 2070 is hereby amended to read as follows:
(D) "Capital Improvements" shall mean public facilities or assets used for any of
the following: (1) water supply, treatment, storage and transmission/conveyance;
or (2) sewer collection/conveyance, treatment and disposal
Section 2. Section 1 (M) of Ordinance 2070 is hereby amended to read as follows:
(M) "Qualified Public Improvement" shall mean a capital improvement that is:
(1) required as a condition of development approval;
(2) identified in the adopted capital improvement plan (CIP); and either
a) not located on or contiguous to property that is the subject of
development approval; or
b) located in whole or in part on or contiguous to property that is the
subject of development approval and required to be build larger or with
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ORDINANCE NO. 2251
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greater capacity than is necessary for the particular development project to
which the improvement fee is related.
Section 3. Section 3 (A) of Ordinance No. 2070 is hereby amended to read as follows:
(A) Development Subiect to Charges. System Development Charges are
imposed on all development within the city for capital improvements for
water and sewer. System Development Charges are imposed on any
development outside the city boundary for water and sewer capital
improvements, if such development connects to or otherwise uses the city's
water or sewer systems. 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.
Section 4. Section 3 (B) (1) of Ordinance No. 2070 is hereby amended to read as
follows:
(1) For the purpose of setting Water and Sewer System Development Charges,
the city hereby adopts and incorporates by reference the study entitled "System
Development Charges for Woodburn, Oregon." dated July 29, 1991, 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 development charges to reimburse the city for such capital
improvements.
Section 5. Section 3 (F) (3) of Ordinance No. 2070 is hereby amended to read as follows:
(3) The City Administrator shall determine if the proposed qualified public
improvement is:
(a) Required as a condition of development approval~
(b) Identified in the adopted capital improvement plan (CIP)~ and either
i) Not located on or contiguous to property that is the subject of
development approval~ or
11 Located in whole or in part on or contiguous to property that is the
subject of development approval and required to be built larger or
with greater capacity than is necessary for the particular
development project to which the improvement fee is related.
Section 6. Section 4 (A) of Ordinance No. 2070 is hereby amended to read as follows:
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ORDINANCE NO. 2251
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(A) Trust Accounts. The city hereby establishes a separate trust account for each
type of System Development Charge to be designated as the "Water SDC
Account," and the "Sewer SDC Account," which shall be maintained separate and
apart from all other accounts of the city. All System Development Charge
payments shall be deposited into the appropriate trust account immediately upon
receipt.
Section 7. This ordinance shall be legally effective on January 1, 2000.
Approved as to formm~ ~ _, 1- J Z - '1 Cj
City Attorney Date
Approved: (~~.....-.-....~
Richard Jennings, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: fY\~~
Mary'lknnant City Recorder
City ofW oodburn, Oregon
November 22 , 1999
Nnvpmhpr ?~ - ' qqq
November 23, 1999
November 23, 1999
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ORDINANCE NO. 2251
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