Ord. 03-2004 - Water SDC's

CITY OF GLENDALE
ORDINANCE #03-2004

AN ORDINANCE ESTABLISHING WATER SYSTEM DEVELOPMENT CHARGES AND METHODOLOGY PURSUANT TO ORDINANCE 332 AND
ORDINANCE 02-2003.

WHEREAS, Oregon Revised Statutes 223.297, Policy, states:
“The purpose of ORS 223.297 to 223.314 is to provide a uniform framework for the imposition of system development charges by governmental units for specified purposes and to establish that the charges may be used only for capital improvements” and;

WHEREAS, Oregon Revised Statutes 223.299 states:
“As used in ORS 223.297 to 223.214:
(2)“Improvement fee” means a fee for costs associated with capital improvements to be constructed.
(3)“Reimbursement fee” means a fee for costs associated with capital improvements already constructed or under construction.
(4)(a) “System Development Charge” means a reimbursement fee, an improvement fee or a combination thereof assessed or collected at the time of increased usage of a capital improvement or issuance of a development permit, building permit or connection to the capital improvement. System development charge includes that portion of a system connection charge that is greater than the amount necessary to reimburse the governmental unit for its average cost of inspecting and installing connections to utility facilities”, and;

WHEREAS, the City of Glendale, pursuant to authority set forth in ORS 223.297 et. seq. has enacted Ordinances 332 and 02-2003, which provide the overall implementing policy and procedures for system development charges (SDCs), and;

WHEREAS, it is the purpose of this Ordinance to provide a uniform and equitable methodology for imposition of system development charges for specific Water system capital improvements upon those developments that create the need for or increase the demands for further capital improvements, and;

WHEREAS, the City of Glendale needs to implement Water SDCs to more accurately reflect the cost of providing Water capacity for new customers,

NOW, THEREFORE, THE CITY OF GLENDALE ORDAINS AS FOLLOWS:

ARTICLE I DETERMINATIONS & FINDINGS

ARTICLE II DEFINITIONS

ARTICLE III WATER SDC METHODOLOGY

ARTICLE IV APPEALS, PAYMENT, COLLECTION, ENFORCEMENT AND USE OF PROCEEDS


ARTICLE I

A.DETERMINATIONS AND FINDINGS

1.The City of Glendale adopts the above recitals as findings and incorporates them by reference in support of this ordinance.
2.The City of Glendale has reviewed the Water SDC calculations by Rural Community Assistance Corporation (RCAC) and adopts the calculations and makes the findings and conclusions therein a part of the record. More particularly, the City of Glendale hereby finds that meter size is a rational basis to allocate use of the City’s water system, and provide valid proportional basis for allocating the reimbursement value for water system capital.
3.The City of Glendale hereby finds that the fees and charges herein are not taxes subject to the limitations of Article XI, Section 11 or 11(b) of the Oregon Constitution.

ARTICLE II

DEFINITIONS
1.Unless otherwise defined herein, applicable definitions are set forth in City of Glendale Ordinance 332 and are incorporated herein.
2.“Rules and Regulations” shall mean duly promulgated code, ordinances, rules and regulations of the City of Glendale and its duly constructed departments, agents, agencies and employees.
3.“Customer” shall mean any individual, firm, company, corporation, association, society, group or owner who receives Water service from the City of Glendale.
4.“Service Connection” shall mean the installation which connects the Water service line with the building water service, which includes, but shall not be limited to the following: pipeline, meter, meter box, meter vault, check valves, fittings, seals or other materials to make such connection as deemed necessary by the City of Glendale.
5.“Shall” is mandatory.
6.“Water Service Line” shall mean the Water connection line from the Water main line to the property line.




ARTICLE III

A.WATER SYSTEM DEVELOPMENT CHARGE METHODOLOGY

1.The above findings and the report presented February 26, 2004 attached hereto as Exhibit A are hereby adopted as the supporting methodology for the Water System Development Charge established by this Ordinance.

2.The amount of the Water System Development Charge shall be $2,040 per Equivalent Dwelling Unit for new development or for increases to capacity required, i.e. increased meter size.


ARTICLE IV

A.APPEALS, PAYMENT, COLLECTION, ENFORCEMENT AND USE OF PROCEEDS
1. Unless otherwise defined herein, the procedures set forth in Ordinance 332, Sections 7,8,10,11,14, 15 and 17 and amended by Ordinance 02-2003, Sections 2, 3, 4,5 and 6 are incorporated herein.



PASSED BY THE CITY COUNCIL THIS________DAY OF _____________, 2004.

APPROVED BY THE MAYOR THIS_______DAY OF ______________, 2004.


_____________________________________
Flora C. Snyder, Mayor

ATTEST:



___________________________
Betty Stanfill, City Recorder