Ordinance No. 05-15 CITY OF TIGARD, OREGON
ORDINANCE NO. 05- :
AN ORDINANCE AMENDING SECTION 3.24.090 OF THE TIGARD MUNICIPAL CODE
CLARIFYING THAT CITY SYSTEM DEVELOPMENT CHARGES ARE ASSESSED BASED ON
TIE FEE IN EFFECT AT THE TIME OF PERMIT APPLICATION
WHEREAS, the assessment date of System Development Charges has been inconsistent and has been
assessed differently over the years; and
WHEREAS,the Tigard Municipal Code has been interpreted differently in assessing these charges; and
WHEREAS, other City fees that generate the assessment of such fees are based on application date; and
WHEREAS, it is necessary to have consistent fee methodology for City fees.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Section 3.24.090 of the Tigard Municipal Code is amended as shown in Exhibit A with
deleted language shown astext and added language shown as underlined
text.
SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor, and posting by the City Recorder.
/
PASSED: By (. 111'12/ML)US vote of all Council members present after being read by number
and title only,this � day of A IAJIASm hB , 2005.
Catherine Wheatley, City kecorder
0 --
APPROVED: By Tigard City Council this — day of �Utt4rvLv005.
Craig Dirl sen,Mayor
Approved as to form:
ity Attorney
Date
ORDINANCE No. 05-
Page 1
Exhibit A — Deleted language shown as text and added language
shown as underlined text.
3.24.030 Definitions.
Chapter 3.24 SYSTEMS
DEVELOPMENT CHARGES. As used in this chapter: "Capital Improvements"
Sections: means facilities or assets used for:
3.24.010 Purpose. (1) Water supply, treatment and
3.24.020 Scope. distribution;
3.24.030 Definitions.
3.24.040 System Development Charge (2) Sewage and wastewater collection,
Imposed; Method For transmission,treatment and disposal;
Establishment Created.
3.24.050 Methodology. (3)Drainage and flood control;
3.24.060 Authorized Expenditures.
3.24.070 Expenditure Restrictions. (4)Transportation; or
3.24.080 Project Plan.
3.24.090 Collection Of Charge. (5) Parks and recreation. (Ord. 95-28; Ord.
3.24.100 installment Payment. 93-33).
3.24.110 Exemptions.
3.24.120 Credits. 3.24.040 System Development Charge
3.24.130 Notice. imposed;Method For
3.24.140 Segregation And Use Of Establishment Created.
Revenue.
3.24.150 Appeal Procedure. (1) Unless otherwise exempted by the
3.24.160 Prohibited Connection. provisions of this Chapter or other local or state
3.24.170 Penalty. law, a systems development charge is imposed upon
3.24180 Construction. all development within the City, upon the act of
making a connection to the City water or sewer
3.24.010 Purpose. system within the City, upon all development
outside the boundary of the City that connects to or
This Chapter is intended to provide authorization otherwise uses the sewer or water facilities of the
for system development :charges for capital City, and whenever the City Council has authorized
improvements pursuant to ORS Revised Statutes an intergovermnental agreement which permits the
223.297 through 223.314 for the purpose of City to impose a parks system development charge
creating a source of funds to pay for the installation, outside the City limits. (Ord. 95-28; Ord.93-33),
construction, and extension of capital
improvements. These charges shall be collected at
the tune of the development of properties which 3.24.050 Methodology.
increase the use of capital improvements and
generate a need for those facilities. (Ord. 95-28; (1) The methodology used to establish the
Ord. 93-33). reimbursement fee shall consider the cost of the
then-existing facilities, prior contributions by then-
3.24.020 Scope. existing system users,the value of unused capacity,
rate-making principles employed to finance
The system development charges imposed by this publicly owned capital improvements, and other
Chapter are separate from and in addition to any relevant factors identified by the Council. The
applicable tax, assessment, charge, or fee otherwise methodology shall promote the objective that future
provided by law or imposed as a condition of systems users shall contribute no more than an
development. (Ord. 93-33). equitable share of the cost of then-existing facilities.
Exhibit A — Deleted language shown as striket h text and added language
shown as underlined text.
(2) The methodology used to establish. the (2) System development charges shall not be
improvement fee shall consider the cost of expended for costs of the operation or routine
projected capital improvements needed to increase maintenance of capital improvements. (Ord. 93-33),
the capacity of the systems to which the fee is
related and other relevant factors identified by the 3.24.080 Project Plan.
Council.
The Council shall adopt by resolution the Systems
(3) The methodology used to establish the Development Charge Funds Project Plan. This Plan:
improvement fee or the reimbursement fee, or both,
shall be adopted by resolution. (Ord.93-33). (1) Lists the capital improvements that may be
funded with improvement fee revenues; and
3.24.060 Authorized Expenditures.
(2)Lists the estimated cost and time of construction
(1) Reimbursement fees shall be applied of each improvement. In adopting this plan the City .
only to capital improvements associated with the Council may incorporate by reference all or a
systems for which the fees are assessed, including portion of any public facilities plan, master plan,
expenditures relating to repayment of indebtedness. capital improvements plana or similar plan that
contains the information required by this Section.
(2) (a) Improvement fees shall be spent The City may modify this project plan at any time
only on capacity increasing capital improvements, through the adoption of an appropriate resolution.
including expenditures relating to repayment of There may be a separate plan for each system, or
debt for such improvements. An increase in system the plan may include improvements from more than
capacity occurs if a capital improvement increases one system. (Ord. 93-33).
the level of performance or service provided by
existing facilities or provides new facilities. The 3.24.090 Collection of Charge.
portion of the improvements funded by
improvement fees must be related to demands (1) The systems development charge is
created by current or projected development. payable upon issuance of:
(2) (b)A capital improvement being funded (a)A building permit;
wholly or in part from revenues derived from the
improvement fee shall be. included in the Systems (b) A development permit for
Development Charge Funding Project development not requiring the issuance of a
Plan adopted by the City pursuant to Section building permit;
3.24.070 of this Chapter.
(c)A permit to connect to the water
(3)Notwithstanding subsections (1) and(2) system; or
of this Section, system development charge
revenues may be expended on the direct costs of (d) A permit to connect to the
complying with the provisions of this Chapter, sewer system.
including the costs of developing system
development charge methodologies and providing 2 The system development fee chare
an annual accounting of system development charge for subsection (1) shall be assessed at the rate in
fiords.(Ord. 93-33). effect at the time of permit application. For
properly annexed to the City after application
3.24.070 Expenditure Restrictions. for but prior to issuance of a building permit,the
system development charge shall be assessed at
(1) System development charges shall not be the rate payable in the City at the time of permit
expended for costs associated with the construction application.
of administrative office facilities that are more than
an incidental part of other capital improvements.
r
Exhibit A — Deleted language shown as stri reftetext and added language
shown as underlined text.
(2) Q If development is commenced or
connection is made to the water system, sewer
system or storm sewer system without an
I appropriate permit, the system development charge
is immediately payable upon the earliest date that a
permit was required.
(3) The City Manager or the designee
shall collect the applicable system development
charge from the permittee.
{11} f1 The City Manager or the designee
shall not issue such permit or allow connection until
the l charge has been paid in fill] unless provision for
installment payments has been made pursuant to
Section 3.24.100 of this Chapter, or unless an
exemption is granted pursuant to Section 3,24.110
of this Chapter. (Ord. 03-08, Ord. 95-28; Ord. 93-
33).
(remainder of Chapter text unchanged)
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