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(A) The city shall prepare a capital improvement plan, public facilities plan, master plan or comparable plan that includes a list of the capital improvements that the city intends to fund, in whole or in part, with revenues from an improvement fee and the estimated cost, timing and percentage of costs eligible to be funded with revenues from the improvement fee for each improvement.

(B) The city may modify the plan and list at any time.

(C) If an existing system development charge is proposed to be increased by a proposed modification of the list to include a capacity increasing capital improvement, as described in § 53.06 of this chapter:

(1) The city shall provide, at least 30 days prior to the adoption of the modification, notice of the proposed modification to those persons who have requested written notice under § 53.12 of this chapter;

(2) The city shall hold a public hearing if the city receives a written request for a hearing on the proposed modification within seven days of the date the proposed modification is scheduled for adoption. Notwithstanding division (C)(1) above, a public hearing is not required if the city does not receive a written request for a hearing; and

(3) The decision of the city to increase the system development charge by modifying the list may be judicially reviewed only as provided in O.R.S. 34.010 to 34.100 or subsequent related statute.

(D) The Water System Capital Improvement Plan contained within Attachment A (attached to Ordinance 2009-01) is hereby adopted pursuant to this section and made a part of this chapter. (Ord. 2009-01, passed 05/11/2009; Ord. 2022-01, passed 06/13/2022. Formerly 51.37)