Chapter 13.35
SEWER AND WATER SYSTEM DEVELOPMENT CHARGES

Sections:

13.35.010    Definitions.

13.35.020    Systems development charge.

13.35.030    Sewer trunk extension.

13.35.040    Sewer lateral.

13.35.050    Building sewer.

13.35.060    Annexed property served by existing sewer lateral.

13.35.070    Water trunk main extension.

13.35.080    Distribution main.

13.35.090    Service pipe.

13.35.100    Miscellaneous.

13.35.010 Definitions.

“Building sewer” means a sewer pipe four or six inches in diameter which connects the customer’s building plumbing to the service extension.

“Distribution main” means a pipe not greater than eight inches used to distribute water supply to the customer.

“Service extension” means a sewer pipe four or six inches in diameter extending from the lateral sewer to the customer’s property line.

“Service pipe” means a pipe extending from a distribution main to the customer’s property line.

“Sewer lateral” means a sewer pipe which collects customer waste and discharges to a trunk sewer.

“Sewer trunk” means a sewer pipe eight inches in diameter or larger which receives two or more laterals and serves a large territory.

“Trunk main” means a pipe greater than eight inches in diameter serving distribution mains in a water distribution system. [Ord. 620 § 1, 1973.]

13.35.020 Systems development charge.

A. Purpose. The council has determined that it is reasonable to impose a systems development charge on newly improved real property for a share of the cost of the installation of existing trunk line sewers, sewage treatment facility, lift stations, water mains, water storage facility, and water works.

B. A systems development charge is imposed upon all assessable real property within the city, except on those parcels exempt under this chapter, at the following rates:

1. Sewers: one-half cent per square foot on all assessable real property;

2. Water: one cent per square foot on all assessable real property.

C. Time Assessment Levied.

1. Sewers. For real property not previously assessed for lateral sewers, the council, at the time it levies an assessment for the cost of installation of lateral sewers serving the real property, shall assess the systems development charge provided in subsection (B)(1) of this section. Or for all other nonexempt real property the city shall collect at the time of application for a building permit for construction of a building on the assessable real property the systems development charge provided in subsection (B)(1) of this section.

2. Water. For real property not previously assessed for a water main, the council, at the time it levies an assessment for the cost of installation of a water main serving the assessable real property, shall assess the systems development charge provided in subsection (B)(2) of this section, or for all other nonexempt real property the city shall collect at the time of application for a building permit for construction of a building on the assessable real property the systems development charge provided in subsection (B)(2) of this section.

D. “Assessable real property” shall mean all surface area of any parcel, including building area, excepting any portion of the parcel within any recorded right-of-way or easement for a public street or alley.

E. Exempt Property. All parcels of real property for which has been paid a tap charge for the building on the parcel on or before the effective date of the ordinance codified in this chapter shall be exempt from the systems development charge. [Ord. 620 § 2, 1973.]

13.35.030 Sewer trunk extension.

A. All real property which requires the construction of a sewer trunk to serve all or a portion of the property shall be assessed as follows:

1. Service Boundary. Whenever a sewer trunk is to be constructed, the council shall determine the geographical area to be benefited thereby. The boundary around the area shall be the service boundary.

2. When the construction of the sewer trunk within a service boundary is done in one phase, the total cost of the sewer trunk to serve the area will be charged to the area benefited.

3. When the sewer trunk designed to serve the area within a service boundary is not constructed in its entirety at one time, the portion of the service boundary area to be served by the first construction shall be deemed to be the first phase of the project.

a. The portion in which the first phase of the project is constructed shall be assessed for a proportionate share of the total cost of the construction of the sewer trunk to be built within the service boundary. The proportionate share shall be determined by the council estimating the total number of square feet assessable within the service boundary and the total cost of the sewer trunk. A square foot assessment rate shall thus be determined. Each assessable parcel in the first phase of the project will be assessed at the rate so determined.

b. The benefited territories in all subsequent phases of the project shall be assessed at the rate determined above or at a rate based on the actual construction cost of the subsequent phase then being assessed, whichever is greater.

4. “Total cost” shall include the construction, easement, engineering, administration, legal and lift station costs.

B. The assessment may be paid in installments as provided in the Bancroft Bonding Act in the same manner as other assessment liens in the city.

C. The assessment shall be in addition to all other assessments required by ordinance, shall be levied when the sewer trunk is completed in which the property to be assessed lies, shall be docketed in the city docket of liens, and shall be enforced in the manner provided in ORS Chapter 223. [Ord. 620 § 3, 1973.]

13.35.040 Sewer lateral.

A. All real property benefited by a sewer lateral shall be assessed for the total cost of the sewer lateral on a square foot basis. The proportionate share shall be determined by the council estimating the total number of square feet benefited by the sewer lateral and the total cost of the sewer lateral. The square foot assessment rate shall thus be determined. Each assessable parcel will be assessed at the rate so determined.

B. “Total cost” shall include the construction of the sewer lateral and service extensions, easement, engineering, administration and legal costs.

C. The assessment shall be in addition to all other assessments required by ordinance, shall be levied when the sewer lateral is completed in which the property to be assessed lies, shall be docketed in the city docket of liens, and shall be enforced in the manner provided in ORS Chapter 223. [Ord. 620 § 4, 1973.]

13.35.050 Building sewer.

The cost of a building sewer shall be constructed and paid by the customer. [Ord. 620 § 5, 1973.]

13.35.060 Annexed property served by existing sewer lateral.

A. The owners of all real property lying within 160 feet of the city sewer system, which real property is annexed to the city and which can be served by an already installed city sewer lateral, shall pay to the city recorder a fee or sewer assessment at the same rate as was paid by the owners of the real property on the opposite side of the sewer lateral, which real property had previously been assessed or at a rate established by the average sewer lateral construction cost in the year of annexation, whichever is greater.

B. In the event that the fee or sewer assessment is not paid within the time allowed for the payment of other improvement assessments, the city recorder shall follow the regular assessment procedure and the fee or assessment shall become a lien against the real property and shall be docketed in the lien docket of the city or shall be foreclosed in the same manner as other assessment liens. The fee or assessment may be paid in installments as provided in the Bancroft Bonding Act in the same manner as other assessment liens in the city.

C. The fee or assessment shall be in addition to all other fees and assessments required under any other ordinance. [Ord. 620 § 6, 1973.]

13.35.070 Water trunk main extension.

A. All real property which requires the construction of a trunk main to benefit the property shall be assessed for the total cost of the construction of the trunk main. The proportionate share shall be determined by the council estimating the total number of square feet assessable within the area to be benefited by the trunk main and the total cost of the trunk main. A square foot assessment rate shall thus be determined. Each assessable parcel will be assessed at the rate so determined.

B. Total cost shall include the construction, hydrants, easement, engineering, administration and legal costs.

C. The assessment may be paid in installments as provided in the Bancroft Bonding Act in the same manner as other assessment liens in the city.

D. The assessment shall be in addition to all other assessments required by ordinance, shall be docketed in the city docket of liens, and shall be enforced in the manner provided in ORS Chapter 223. [Ord. 620 § 7, 1973.]

13.35.080 Distribution main.

A. All real property benefited by a distribution main shall be assessed for the total cost of the distribution main on a square foot basis. The proportionate share shall be determined by the council estimating the total number of square feet benefited by the distribution main and the total cost of the distribution main. The square foot assessment rate shall thus be determined. Each assessable parcel will be assessed at the rate so determined.

B. Total cost shall include the construction of the distribution main, easements, engineering, administration and legal costs.

C. The assessment shall be in addition to all other assessments required by ordinance, shall be docketed in the city docket of liens, and shall be enforced in the manner provided in ORS Chapter 223. [Ord. 620 § 8, 1973.]

13.35.090 Service pipe.

The cost for the service pipe shall be included in the water service charge established by ordinance. [Ord. 620 § 9, 1973.]

13.35.100 Miscellaneous.

A. Scope. The systems development charge provided in this chapter is separate from and in addition to any applicable tax, assessment, charge or fee otherwise provided by law.

B. Construction. The rules of statutory construction provided in ORS 174.101 through 174.110 are adopted and by this reference made a part of this chapter. [Ord. 620 § 10, 1973.]