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1993-21536-Ordinance No. 93-016 Recorded 6/23/1993536 93-21536 i BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,. OGON An Ordinance Amending the Bend Urban *R Area General Plan to Adopt Revised * 0126-18(,G Text Concerning a Public Facilities Plan and Declaring an Emergency. * r, >_ ORDINANCE NO. 93-016 r`Y WHEREAS, the Bend Urban Area Plan currently includes a Public Facilities Plan relating to the sewerage, drainage, water and transportation facilities in the Bend Urban Area; and WHEREAS, a revised Utility System Master Plan has been prepared for the City of Bend for the Bend Urban Area with respect to sewer, wastewater treatment and water systems; and WHEREAS, the County and the City desire to recognize the updated sewer and water master plan in the Bend Urban Area General Plan; and WHEREAS, the Board of County Commissioners has considered the recommendations of the Planning Commission and the public in regards to recognizing this updated facilities plan; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ORDAINS AS FOLLOWS: Section 1. Repeal of Portions of Public Facilities Plan. The text of the Public Facilities Plan of the Bend Urban Area General Plan, as amended by Exhibit C to City of Bend Resolution NS -1872, is repealed with respect to those sections pertaining to sewer and water facilities and plans. Section 2. Amendments to Public Facilities Plan. The text of the Public Facilities Plan of the Bend Urban Area General Plan, as amended by Exhibit C to City of Bend Resolution NS -1872 and by Section 1 of this ordinance, is supplemented by the text labelled "Public Facilities Plan" attached hereto as Exhibit 1 and by this reference incorporated herein. The Public Facilities Plan constitutes a supporting document to the policies contained in the Bend Urban Area Plan, but is not a portion of the Bend Urban Area Plan itself. Section 3. Severability. The provisions of this ordinance are severable. If any section, sentence, clause, phrase, area, overlay or other separable part of this ordinance or any exhibit thereto is adjudged to be invalid by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this ordinance or any exhibit thereto. KEY JG`iED PAGE 1 - ORDINANCE NO. 93-016 (6/23/93) JUN 2 91993 I'✓XRORLMED 11-- JUL 1419123 0126-1900 Section 4. Repeal of Ordinances as Affecting Existing Liabilities. The repeal, express or implied, of any ordinance, ordinance provision, or code section by this ordinance shall not release or extinguish any duty, condition, penalty, forfeiture, or liability incurred under such ordinance, unless a provision of this ordinance shall so expressly provide, and such ordinance repealed shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such duty, condition, penalty, forfeiture, or liability, and for the purpose of authorizing the prosecution, conviction and punishment of the person or persons who violated the repealed ordinance. Section 5. Emergency. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its enactment. DATED this 23rd day of June, 1993. ATTEST: .&' Recording Secretary BOARD OF OUNTY COMMISSIONERS OF DESCHLJ ES COUNTY, OREGON P, jCha &r-� NANC POPE SCHLANGEN, Commissioner BARRY H. SLAUGHTEIZ, Commissioner PAGE 2 - ORDINANCE NO. 93-016 (6/23/93) PUBLIC FACILITIES PLAN 0126-1901 INTRODUCTION The Public Facilities Plan (PFP) provides a framework for decision on when, where, and how public facilities will be provided to support the growth forecasted for the Bend urban area. The facility planning process links land use and the public utilities needed to support and enhance economic development and growth. The PFP serves as the basis for the coordination- and provision of utility facilities over time with in the urban area. The City will use the PFP as a basis for its five year capital improvement budget. The City of Bend and Deschutes County have adopted a management agreement for the urban growth area which provides that the City will take the lead in preparing the Public Facilities Plan. A Utilities System Master Plan was prepared in 1992 by David Evans and Associates for the City. The Bend City Commission and the Board of County Commissioners adopted the Utilities System Master Plan in early 1993. This document is included by reference as part of this Public Facility Plan. The PFP addresses water, sanitary sewer, and drainage facilities. Transportation planning and facilities needs are provided for in a separate Transportation System Plan and Transportation Element of the General Plan. Within the urban area the City provides water, sanitary sewer, and drainage facilities. Deschutes County provides drainage facilities in connection with road projects. Two private water districts provide water service within the Bend urban area and one private utility company provides both water and sewer service to a limited area. Since there are private systems within the urban area the City cannot assure the timing and extension of all water and sewer facilities. The PFP provides the basis for compliance with Oregon Statewide Planning Goal for Public Facilities and Services andtherelated Oregon Administrative Rule (OAR 660-11). Certain public facility project descriptions, locations or service area designations may change as a result of subsequent design studies, capital improvement programs, environmental studies, and funding availability. Such changes, along with technical and administrative changes, do not require formal amendments to this Plan. FACILITY NEEDS The need for additional public facilities can come about through increased demand, through new state and federal regulations, and through a need to EXHIBIT 1 - ORD. 93-016 Page 1 replace existing lines and facilities. The Public Facilities Plan considers needs caused b all three factors. '' U16-1902 The major factor driving the need for additional facilities is the projected growth in the population and economy in Bend and Central Oregon. Growth in the Bend Urban Area and its related need for public facilities is influenced by: population expansion through natural increases and in -migration; expansion of the economic base; and tourism. The 1992 Utilities System Master Plan considers these growth components. In the period 1980 to 1990 population growth in Bend and Deschutes County increased by 34% and 22% respectively. These growth rates exceeded -the State-wide growth rate of 8% during the same period. Similar population growth rates for Bend and Deschutes County are expected to continue due to area's generally favorable location, good climate, and strong economic base. Figure 1 shows the historic population levels for Deschutes County and the Bend Urban Growth Area and projected population at a moderate growth rate of 2.5% per year. FIGURE 1 HISTORIC AND PROJECTED POPULATION LEVELS 130 120 110 100 90 80 70 60 50 40 30 20 10 0 1970 1980 1994 2000 2010 Projections beyond 1990 at 2.50/a/year 0 BEND UGB + DESCHUTES CO. The other growth components that influence the need for more public facilities are the area's economic base and tourism. Bend is the regional center for retail trade, professional services and medical services. As such, the commercial and industrial base is supported by a much larger population base and labor force than just the Bend urban area. Bend's position as regional trade and service center, when combined with the State's forecast that the future employment EXHIBIT i- oxn 93-016 Page 2 growth rate will exceed the population growth rate, means Bend can expect an increased demand for water and sewer facilities to protect and serve new businesses and industries. I,126-1 nno Deschutes County was host to more than 3.5 million visitors and tourists in 1991. This high level of visitors and tourists generates a strong. demand for commercial services in the Bend area such as motels and restaurants that add to the demand for water and sewer facilities. Tourism is expected to grow during the next decade. SYSTEM DESCRIPTION The Utilities System Master Pian is based on community -wide planning, engineering, and financing studies. The master plan addresses long term water and sewer facility needs for the whole urban area based on the potential buildout density. The Utilities System Master Plan serves as a background document to the Public Facilities Plan. The short descriptions below for the water and sewer systems are taken from the Master Plan. Water System The Bend water system derives its source from both surface water runoff and deep ground water wells. The surface water originates in the watershed east of town and the intake on Bridge Creek approximately 11.5 miles from town. The City has three wells in operation with additional wells planned to match the community's growth. The water distribution system is comprised of approximately 180 miles of mains. About 11 miles of old water mains are scheduled for replacement. In 1992 the City had 9 reservoirs to serve different elevations throughout the urban area. The water system portion of the Utilities System Master Plan describes the size, number, and location of wells, reservoirs, transmission and supply lines that will be needed to serve population and econorrfic growth. Sewer System The City wastewater treatment plant was built in 1980 and has a design capacity for about twice the 1992 flow rates. The plant collection system uses gravity and pressure lines to serve land within the City limits. Outside the City limits the predominant sewage treatment methods are septic tanks with drain fields or drill holes. EXHIBIT 1 - ORD. 93-016 Page 3 The wastewater plant portion of the Utilities Master Plan describes the additional facilities that will be needed to treat wastes for the existing and planned growth of the urban area. The collection system part of the Master Plan describes the size and general location of gravity lines needed to serve 76 drainage basins in the urban area. Storm Sewer System 0126-1904 Due to topography and the lack of a natural drainage system in the Bend area most storm water is disposed of "on-site" using drill holes or dry wells. The City has begun a program to replace the drill holes in City streets with DEQ approved dry wells. The City does have a limited storm sewer collection system .in the downtown area and on the west side of the Deschutes River. The collection system is not tied into the sanitary sewer system and drains into the Deschutes River. IMPLEMENTATION Historically, the revenues for construction of the major public facilities have come from several sources: ♦ State and Federal grants; ♦ General Fund revenues; ♦ General Obligation bonds; ♦ Local Improvement Districts; ♦ Water and Sewer user rate structure; ♦ General Benefit Fees/System Development Charges; and ♦ Private developer who contract prior to scheduled imrpovement. The 1992 Utilities System Master Plan estimated the construction costs for the forecast improvements to the water system, sewer collection system, and wastewater treatment plant. The estimated cost for all system improvements that are needed to serve the BUILDOUT population is $176 million. The City will continue to use as many funding sources as is appropriate to extend and construct facilities in a timely and efficient manner. EXHIBIT 1 - oxn. 93-016 Page 4