(A) No connection shall be made to the city’s water system without the prior approval of the city, which must be issued in writing in the form of a permit.
(B) No person shall uncover, make any connections with, or opening into, use, alter, or disturb any city water system or appurtenances thereto, and no person, firm, or corporation shall make any connections in any part of the water system without first making an application to the city and securing a permit therefor.
(C) Prior to receiving a permit to connect to the city’s water system, the applicant shall first pay the connection charges as established herein.
(D) The connection charge to be paid shall be based upon the number of “connection units.” A connection unit is defined as follows:
(1) For each single-family dwelling, there is one connection unit;
(2) For each mobile home, there is one connection unit;
(3) As to multiple family dwellings, including apartment houses, condominiums, cottages, and duplexes, there is one connection unit per each family or dwelling unit contained in the structure or upon the premises;
(4) For motor courts, motels, and hotels, there shall be one connection unit per each dwelling unit contained within the structure or upon premises;
(5) For trailer courts, recreational vehicle courts, and mobile home courts, there is one connection unit for each base upon which a trailer, mobile home, or recreational vehicle may be located or placed; and
(6) For commercial buildings to be occupied by more than one business, there shall be one connection unit for each business space upon the premises.
(E) The connection fee shall be per § 50.01 of this title.
(F) The City Council hereby finds that the fees, charges, and assessments under this subchapter are for the purposes of reimbursing the city for past capital construction costs for the water treatment facilities in order to provide sufficient capacity for properties to connect and to provide a sufficient reserve for future expansion as necessitated by connection to the water facilities.
(1) The connection charges imposed by this subchapter are not intended to be a tax on property or on a property owner as a direct consequence of ownership of property within the meaning of § 11b, Article XI of the Oregon Constitution or the legislation implementing that section. Even if the charges herein imposed are viewed under § 11b, Article XI of the Oregon Constitution as a tax against property or against a property owner as a direct consequence of ownership of that property, it is an incurred charge within the meaning of that section and the statutes implementing it because:
(a) It allows the owner to control the quantity of the service by determining the extent of development to occur upon the property;
(b) It allows the owner to determine when the service is to be initiated or increased by controlling when the development occurs; or
(c) State law and the ordinances of the city require the owner to provide certain basic utility services to the property when it is developed for human occupancy. The provision of these basic utility services are a routine obligation of the owner of the affected property and essential to the health and safety of the community.
(2) Therefore, the Council finds and determines that such fees, charges and assessments do not constitute a tax and are not subject to the limits of § 1b, Article XI of the Oregon Constitution.
(Ord. 149, passed 12-4-1989; Ord. 165, passed 7-1-1991) Penalty, see § 51.99