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A. The methodology used to establish a reimbursement fee shall consider the cost of then-existing facilities, prior contributions by then-existing users, gifts or grants from federal or state government or private persons, the value of unused capacity, rate-making principles employed to finance publicly owned capital improvements, and other relevant factors identified by the City Council. The methodology shall promote the objective that future systems users shall contribute an equitable share of the cost of then-existing facilities.

B. The methodology used to establish the improvement fee shall consider the cost of projected capital improvements identified in an improvement plan (see AMC 4.20.080) that are needed to increase the capacity of the systems to which the fee is related.

C. The methodologies used to establish the systems development charge shall be adopted by resolution of the Council following a public hearing.

1. The City shall provide written notice to persons who have requested notice of any adoption or modification of SDC methodology at least ninety (90) days before the hearing. If no one has requested notice, the City shall publish notice in a newspaper of general circulation in the City at least ninety (90) days before the hearing.

2. The revised methodology shall be available to the public at least sixty (60) days before the first public hearing of the adoption or amendment of the methodology.

D. A change in the amount of a reimbursement fee or an improvement fee is not a modification of the SDC methodology if the change is based on a change in project costs, including cost of materials, labor and real property, or on a provision for a periodic adjustment included in the methodology or adopted by separate ordinance or resolution, consistent with State law.

E. A change in the amount of an improvement fee is not a modification of the SDC methodology if the change is the result of a change in the improvement plan adopted in accord with AMC 4.20.080.

F. The formulas and calculations used to compute specific systems development charges are based upon averages and typical conditions. Whenever the impact of individual developments present special or unique situations such that the calculated fee is grossly disproportionate to the actual impact of the development, alternative fee calculations may be approved or required by the City Manager under administrative procedures prescribed by the City Council. All data submitted to support alternate calculations under this provision shall be site specific. Major or unique developments may require special analyses to determine alternatives to the standard methodology.

G. When an appeal is filed challenging the methodology adopted by the City Council, the City Manager shall prepare a written report and recommendation within twenty (20) working days of receipt for presentation to the Council at its next regular meeting. The Council shall, by resolution, approve, modify or reject the report and recommendation of the City Manager, or may adopt a revised methodology by resolution, if required. Any legal action contesting the City Council’s decision in the appeal shall be filed within sixty (60) days of the Council’s decision. (Ord. 3192 § 61, amended, 11/17/2020; Ord. 3174 § 1, amended, 03/19/2019)