(A) The city will publish, by resolution, a list of fees or charges and make them available to the public. The fee resolution may be amended by the City Council from time to time.
(B) Fees and charges do not constitute a tax upon real property.
(2) The 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.
(3) 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; and
(c) State law and the ordinances of this 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.
(3) 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 § 11b, Article XI of the Oregon Constitution.
(Ord. 219, passed 6-5-1995)