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2017-0306 Study Session PACKET
CITY OF ASHLAND CITY COUNCIL STUDY SESSION AGENDA Monday, March 6, 2017 Siskiyou Room, 51 Winburn Way 5: 30 p.m. Study Session 1. Public Input (15 minutes maximum) 2. Look Ahead review 3. City Recorder/Treasurer appointment process 4. Plaza tree donation 5. Continued discussion of water connections outside city limits In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735- 2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9. STARTING APRIL 15, 2014, CHARTER CABLE WILL BROADCAST MEETINGS ON CHANNEL 180 OR 181. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US N W N N W N N (`1 Qi. 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W N N O_ v Council Study Session March 6, 2017 Title: City Recorder/Treasurer Appointment Process Item Type: Request for Direction Requested by Council? Yes From: Barbara Christensen City Recorder/Treasurer Barbara.christensen@ashland.or.us Discussion Questions: 1. Does Council have any particular qualifications/criteria that should be identified for including in the selection process? 2. Does the Council want to use the same process used to fill Council Position #6 to fill the position of City Recorder/Treasurer? Or, same process but with some revisions? 3. Does Council want to designate an acting City Recorder/Treasurer on a temporary basis between the date Barbara Christensen vacates the position (April 30) and the end of the subsequent 60-day period (June 30) by which the Charter requires a replacement to be appointed? 4. Does Council want to have the City Recorder/Treasurer appointee start work prior to Barbara Christensen's departure in order to provide training time? Resource Requirements: City Recorder/Treasurer budget would support the cost of any advertising required as part of the selection process. To the extent the City Recorder/Treasurer appointee starts work prior to Barbara Christensen's departure, additional salary and benefit costs would be incurred to fund the overlap. SuIll4ested Next Steps: Provide direction for purposes of scheduling related agenda items and arranging any required advertising. Provide conclusions on the four questions. Based on the conclusions, agree on a timeline for the selection process. A timeline for the selection process might include: • Begin advertising for the position in the Tidings and the City website (no earlier than March 13 and no later than April 17) • Deadline for submittal of applications (no earlier than March 31 and no later than May 12) • Applications provided to Council at study session (as early as April 3 and no later than June 5) Page Iof2 CITY OF ASHLAND • Councilors complete individual interviews with applicants, OR set a special Council meeting to conduct interviews as a group (by April 18 or no later than June 19) • Council makes appointment (as early as April 18; no later than June 20 date) Policies, Plans and Goals Supported: City Charter does not provide for a Special Election for the filling of a vacant elective office. City Charter states that a vacant elective office shall be filled within sixty (60) days (which is June 30, 2017) by the City Council electing some qualified person to fill the vacancy. The appointee's term of office shall begin immediately upon appointment and shall continue until a successor, elected at the next biennial election takes office for the unexpired term. (Biennial elections take place very two years; next biennial election will be November, 2018) Background and Additional Information: City Recorder/Treasurer Barbara Christensen announced her retirement effective April 30, 2017. Attachments: City Charter - City Recorder Ashland Municipal Code Chapter 2.08 - City Recorder/Treasurer Christensen Retirement Announcement Page 2of2 CITY OF ASHLAND ARTICLE 6 Recorder Section 1. Term The Recorder in office at the time this Charter takes effect shall continue in office until the end of his/her term of office as fixed by the Charter of the City in effect at the time this Charter is adopted. At each biennial general election held in 1970, and every fourth year thereafter, a Recorder shall be elected for a term of four (4) years. Section 2. Powers and Duties The Recorder shall act as Clerk of the Council and shall keep plain and correct records of all business and proceedings of the Council. He/she shall maintain a file of all papers presented to him/her officially, and safely keep all files, records and papers of the corporation pertaining to his/her office, and these shall be open to the public. At the expiration of his/her term of office, he/she shall turn over to his/her successor any and all records, books, and papers pertaining to said office. The Recorder must draw all orders for the proper payment of monies against the proper funds that have been appropriated by the City Council, and, together with the Mayor, sign the same. He/she may make periodic audits of all City accounting records. The Recorder, shall, as soon as the Council shall make a general levy of the taxes for the city, certify the same, together with any and all special benefits and assessments then due, to the Clerk of the County Court. The Recorder shall record, in a book to be kept for that purpose, all ordinances and resolutions passed by the City Council, and the same shall be signed by the Recorder, as well as signed and approved by the Mayor therein. Section 3. Vacancy A willful absence of the Recorder from the City for more than thirty (30) days without the consent of the Council, carelessness or inattention to the duties of the Recorder, shall be grounds for the Council to declare the office vacant; and it may fill such vacancy in the same manner as vacancies in the office of Council members are filled. Section 4. Absence In the Recorder's absence, the Mayor shall appoint a Clerk of the Council Pro Tem who, while acting in that capacity, shall have all the authority and duties of the Recorder. Chapter 2.08 RECORDER/TREASURER Sections: 2.08.010 Duties - Generally 2.08.020 Duties - Designated. 2.08.030 Other officers 2.08.040 Substitute - Appointment Section 2.08.010 Duties - Generally The duties of the City Recorder/Treasurer include those imposed by State law, the City Charter and City ordinances. (Ord. 1705 S2, 1971) Section 2.08.020 Duties - Designated It shall be the duty of the City Recorder/Treasurer to perform the following tasks: A. Act as clerk of the Council, record and transcribe proceedings of the City Council, and sign and record ordinances and resolutions; B. Act as custodian of all City ordinances, resolutions, Council minutes, deeds, contracts, judgments, promissory notes and the City seal; C. Certify property tax levies and delinquent assessments to the County; receive property taxes paid over by the County; I). Act as custodian of all City monies and securities; E. Prepare, issue and record all cemetery deeds; F. Conduct City elections in cooperation with the Jackson County officials responsible for conducting elections; G. Maintain daily and monthly bank account balances; Fl. Redeem bonds, coupons and warrants, maintain bond registers; I. Secure signed Bancroft bonding applications; J. Record and bank monies received by the City; K. Issue checks and warrants necessary to pay valid claims on the City treasury; L. Maintain docket of City liens and prepare lien reports as required; M. Purchase investment securities in cooperation with the Director of Finance; N. Maintain docket of City liens and prepare lien reports as requested; 0. Maintain docket of water and sewer connect fees; P. Allocate property tax receipts; Q. Maintain warrant register; R. Maintain file of legal notices; S. Keep Charter available to public, with updated boundaries; and T. Maintain public relations between citizens and the City. (Ord. 1705 S3, 1971) Section 2.08.030 Other officers The City Recorder/Treasurer shall work with the Mayor, Council, City Administrator, and Director of Finance. (Ord. 1705 S4, 1971) Section 2.08.040 Substitute - Appointment The Mayor shall appoint a Clerk of the Council pro tem to serve during a temporary absence of the City Recorder/Treasurer. (Ord. 1705 S5, 1971) CITY OF -ASHLAND Memo TO: Mayor Stromberg, City Councilors and Citizens of Ashland FROM: Barbara Christensen, City Recorder SUBJECT: Retirement from Office of City Recorder DATE: January 3, 2017 I would like to announce my plans to retire from the Office of the City Recorder effective April 30, 2017. After serving almost 6 terms in this office I have determined that now is the right time for me to make a change. City Charter provides that when an elective office becomes vacant, the City shall fill the position with sixty (60) days by electing some qualified person to fill such vacancy for the remainder of the term. At the next biennial election (November 2018) a successor would be elected. Given the importance and complexity of this position I wanted to provide time for a process in which the council could make a selection for appointment. Serving the City of Ashland as City Recorder has been a privilege and honor. City Recorder/Treasurer Office Barbara Christensen Tel: 541-488-5307 . 20 East Main Street Fax: 541-552-2059 VFW Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us Council Study Session March 6, 2017 Title: Plaza Tree Donation Item Type: Discussion Requested by Council? Yes From: David Lohman City Attorney david. lohman@ashland. or. us John Karns Interim City Administrator john.karns@ashland.or.us Discussion Questions: 1) Is there a long-term gain from replacing healthy "adolescent" trees with mature trees? a. What is the risk, if any, that the replacement trees will not survive transplanting? 2) Does Council want any independent analysis on the cons, as well as the pros, of the proposed project? a. From Covey Pardee Landscape Architects, the firm the City hired in 2012 to, among other things, provide recommendations on tree plantings in the Plaza? b. From the City Tree Commission? 3) Should the Council have a policy on responding to generously-proffered gifts of donor- chosen civic features, as some other cities do? a. Are decisions on whether to accept proffered gifts of donor-designed civic features inevitably case-by-case in nature and therefore not susceptible to determination by policy? (The City already has policies establishing criteria for donated murals and artwork donated for the City's Public Art Collection.) b. How might the City respond to a proffered donor-chosen gift thought by some to be incompatible with the "look" or "feel" of Ashland? (For example, replacement of the Plaza ticket/information booth with a high tech, ticket-dispensing video kiosk.) c. Does accepting these particular donor-chosen, site-specific gifts set a precedent for future donor-designated gifts? 4) Would a decision to remove and replace healthy Plaza trees be consistent with the 2015 Council decision not to remove and replace unhealthy trees as part of the beautification plan for the Pioneer Street parking lot? Resource Requirements: Approximately 40 hours of staff time is expected to be required to oversee and manage the proposed project. Page Iof2 CITY OF ASHLAND Suggested Next Steps: Develop a policy related to designated donations. Policies, Plans and Goals Supported: N/A Background and Additional Information: Minutes from August 18. 2015 Council meeting regarding tree removal at Lithia Wad Pioneer Street. Minutes from October 20. 2015 Council meeting regardinga tree removal in Pioneer Street parking lot. Attachments: Proposed Plan provided to the City Council at the February 28, 2017 meeting. Page 2of2 CITY OF ASHLAND Ashland Tree Enhancement Project Executive Summary Dear Ashland City Council, Through a unified approach by numerous volunteers, we have brought the community together on an exciting project to exchange and re-purpose four (4) trees on the Ashland City Plaza with four (4) larger, mature new trees. Within this proposal we will: • Document that we have met and discussed the tree selection and placement with three local arborists. • Show buy-in and support from Covey Pardee Landscape Architects, who designed the original Ashland Plaza. • Demonstrate broad community support behind this project. • Provide our correspondence with Ashland Engineering Services Manager • Confirm that we have found a good home locally for the trees that will be replaced. • Demonstrate that we have received 100% of the funding to purchase and plant the new trees, and for the delivery of the existing trees to SOU, or Parks Department. • Explain that we have met with the Interim City Administrator to discuss this project in depth, and to ensure that any concerns were satisfied prior to presenting this proposal. • Detail the proposed process for providing the City with the funds necessary for the project, and the process which will facilitate the City Project Manager with the purchase / planting of the trees. • Present the Following Exhibits: o Exhibit A-Site Plan drawings from Covey Pardee o Exhibit B - Draft of Tree Commission Meeting Minutes, showing unanimous support of project. o Exhibit C - Statement of Work and Sample Zero-Sum Contract - from Solid Ground Landscape Inc. o Exhibit D - The Large Tree Argument - Paper by the Center for Urban Forest Research and the Southern Center for urban Forestry Research and Information. We have attempted to be extremely conscientious to ensure that we accommodate the various concerns of the numerous parties involved with this project. It is important to understand that we are not trying to change the plaza or the good work that Covey Pardee has provided, we are only proposing to enhance the plaza with more mature trees through the gifting of additional funds that may not have been initially available. REQUEST We are formally requesting that the Ashland City Council reviews this proposal and provide authority for the City Administrator to: 1) Ensure that any and all statements made within this proposal are truthful and factual and, 2) To authorize the City Administrator to sign a zero-sum contract with Solid Ground Landscape Inc, and 3) To provide authority to the City Administrator to be the Project Manager and ensure that proper and adequate irrigation is provided. February 21, 2017 ~I Ashland Tree Enhancement Project The Value Proposition of Large Urban Trees "When we talk about street trees and the urban forest, sometimes we miss an essential truth: Not all street trees are created equal. Mature trees are an order of magnitude more valuable to us than young, small ones". Leda Marritz, ISA Certified Arborist. Statement extracted from 'The Value Proposition of large urban trees' It is understood that the trees selected by Covey Pardee Landscape Architects will one day grow to be large stature trees, however there is immediate value provided by repurposing the existing trees with larger stature trees. According to local Arborists Mike Oxendine and Casey Roland it will take approximately 5-7 years (with the exception of the Parotia which would be more like 10-15 years due to a growth rate of only 1' to 1.5' per year) for the current trees to be the stature of the trees that are being proposed. Contained within Exhibit D is an excellent document by the Center for Urban Forest Research and the Southern Center for urban Forestry Research and Information titled: The Large Tree Argument. This is a very short and concise document that clearly makes the case for large trees in an urban setting. Local Arborist Support Through the process of tree selection we have worked closely with Mike Oxendine and Casey Roland and have consulted with Chris John to ensure that we have selected appropriate trees for this project. The trees were selected out of hundreds of specimens and are 'top' specimen trees for long term health and aesthetics. Being locally grown, the trees are already ecologically acclimated to this bio-region. This will improve survival rates and growth response, which will equate to new growth in the first year. • ; 1 • Please note that one of the trees (Zelkova) will need to be replaced by an existing Zelkova per below statement from Mike Oxendine: "Only one of the newly planted Zelkovas on the plaza are worth saving for use in a more suitable location on the plaza. The others could be salvaged and used in landscape areas that are less conspicuous due to their unsightly and unfavorable branching habits and scars. The unfavorable Zelkovas have multiple co-dominate apical leaders with very steep angled crotches prone to included bark and weak branch collar attachment. Two of the trees have stem injuries from apparent vandalism. I would suggest saving the best Zelkova and transplanting it to the most western position and donating the remaining trees to be removed to the City of Ashland Parks Department or Southern Oregon University. The flaws of these trees can be corrected with time, but won't look very attractive and are better suited for heavily landscaped areas and not as plaza specimen trees." Mike Oxendine ISA Arborist PN-7681 February 21, 2017 Ashland Tree Enhancement Project Covey Pardee Landscape Architects We would very much like to express gratitude to local design firm, Covey Pardee Landscape Architects, for their generous assistance and guidance with our citizen's sponsored Plaza Tree Enhancement Project, which will place several larger caliper trees on the Plaza. Alan Pardee is an Ashland native, and Greg Covey a long-time resident. They have generously shared their design suggestions and concerns for our project with us, and have indicated their support for our Plaza tree enhancement plans "in concept." In an effort of full transparency, this proposal has been provided to Greg and Alan. We wish to thank Covey/Pardee, for your time, guidance and expert assistance with our Plaza Tree Enhancement Project. They have provided the site-plan with the replacement trees on them per Exhibit A Community Support & Resident Pledges Our Ashland Plaza Tree Enhancement proposal is supported by hundreds of members of our community, including many business persons, working professionals, religious leaders, school teachers, doctors, attorneys, long time residents, and newcomers to our town, from all walks of life, and from our visitors, who have indicated to us directly, via emails and letters, in person, and on numerous social media websites that they are strongly in favor of improving the look and feel of our Plaza, including the planting of larger, more mature trees on the Plaza. Even before the very generous offer of financial support by Solid Ground Landscaping, dozens of citizens had made pledges of thousands of dollars towards refurbishing our Plaza's trees. The offer of total support for our Plaza Tree Enhancement project from Solid Ground Landscaping came as a wonderful surprise to us all! Fulfilling the goals of this Plaza Tree Enhancement project will be a long-remembered, and deeply appreciated gift to our town in which we can all take great pride as a community. Dialogue and Acceptance by City of Ashland Engineering Services Manager We met with Scott Fluery to discuss the plans in depth. Scott reviewed the underground locations of the various utilities as well as various photos taken during the Plaza remodel project. Scott stated that he would want an Arborist to review the depths and provide guidance if these trees would be acceptable. Mike Oxendine (Local Arborist) reviewed the "as- builts" and drawings and stated that the tree will not negatively impact the underground utilities. This information was shared with Scott Fluery and he provided an e-mail to us, which includes this statement: "If the arborists are fine with the depths and locations of underground utilities 1 am fine with it, just be aware that if utilities are repaired or replaced due to need, the tree itself can be damaged or may need to be removed as part of the process. This would not be unique itself to the Plaza in that respect." February 21, 2017 Ashland Tree Enhancement Project Re-Purpose existing Plaza Trees We are pleased to state that both the Ashland City Parks Department and the Southern Oregon University would both gladly accept the following trees that will be relocated from the Plaza to another local site per this proposal. 1. Two Zelkova's 2. One Hungarian Oak 3. One Parotia Solid Ground Landscaping will deliver these trees to either Parks or the SOU, per guidance from either. 100% Funding provided by Solid Ground Landscape Inc. Local businessmen and entrepreneurs, Seth Barnard and James Day, of Solid Ground Landscaping have generously offered to fully fund and completely manage the Plaza Tree Enhancement Project, in coordination with the city of Ashland, once our project is approved by the city council. This is truly an amazing turn of events, and culminates years of commitment on the part of so many here in our community to improve and beautify our Plaza. Seth and James share our commitment to this work, and their offer of total support for our collective endeavor to better the Plaza is a remarkable act of kindness, and magnanimity. "The entire team at Solid Ground Landscape Inc. is proud to be a part of the Plaza Tree Enhancement Project. It's a significant way for us to say thank you to the entire Ashland community for all it has done to support our business. We know that this project will help improve an environment that will be enjoyed for many generations to come." -Seth Barnard and James Day Please note that given the 'zero-sum' contract / agreement with Solid Ground Landscape, Inc. will include the Statement of Work per Exhibit-C, there will not be the possibility of any cost over-runs to the City. Review and Recommendations by Interim City Administrator Mr. John Karns provided guidance to receive Tree Commission support and suggested that we meet with Scott Fluery to ensure that there were not existing barriers to placing larger trees in the existing locations. Further, Mr. Karns recommended that the cleanest approach to this project would be for the city to manage the project. We are pleased to state that Solid Ground Landscape Inc. will be willing to sign a zero-sum contract with the city to purchase, plant and guarantee the new trees. Please see Exhibit - C for SOW from Solid Ground Landscape Inc. February 21, 2017 (I Ashland Tree Enhancement Project EXHIBIT A Covey Pardee Landscape Architects Site-Plan P ~ i 7-M Y'A (fit ~ f~!nCGie~.slut \ I d-tiflllr~:la I \ IN A L K ~ ~ • ' Replace Ferrctis w1 g 5 ( 30-40' Yuiilrw Oak MYC 11 --T 6-_GGlie,siiti , J~OlRfl DRAW > c / J'CUVee DRAW / _ ,aK1QK o W/ ITELI 3-LOFI ♦ 11R `~-Mi 1•:i1-i.( 1.7177 Srlrr.41, STREET Swill 'kOTLWCI2YE PARKAMC' 9-PELI Replace WK elkc, s LJJ '.r)UFR iax:tyl s' ~ Replace Hvnganan Csk w! 4G' L5511ow 0 5 5 'N A L K Csk Lai €~.V1FSF »Hii'r 1~2.?,I 03b le~•1l rJ 2~C ~ R N_AR! IU' / ~ 1 C-GCvL s 2-t.lA1.n x,,!.1! • i•RHA.Z Ie.. .u; o. ~•R11nR ~ ~ INFO 2 Replace w.'30 800TH T Zeikova d AV scud Q SEASONAL ANNUAL S 5540 PLAN ILL) ARGU,4L' SHK!jb .C}w-iR~ : ch:irni TER I-Pi0fr pRwxAVG [rars OLwTA<v l ni Q elkotis beat- emo'r? e~stg ze#hcve} I 1 1 WALK 05y I / CROSS W. February 21, 2017 I) Ashland Tree Enhancement Project EXHIBIT B Excerpt from DRAFT minutes of Tree Commission on February 9, 2017 PUBLIC FORUM - Excerpt from DRAFT minutes of Tree Commission on February 9, 2017 Mr. Gregg Trunnell, of 400 Clay Street in Ashland, presented the plaza restoration project, which involves the planting of new large stature trees. Mr. frunnell presented the Commission with the site plan of the proposed work (see exhibit A, attached). The Commissioners took a vote and unanimously agreed to support the proposal as presented. Oxendine/Cates m/s to approve the planting of new large stature trees on the plaza. Voice Vote: ALL AYES, Commissioners Batistella, John, Oxendine and Cates. February 21, 2017 O Ashland Tree Enhancement Project EXHIBIT C Statement of Work from Solid Ground Landscaping Inc. - Forthcoming PROPOSAL AND CONTRACT FOR LANDSCAPE SERVICES BY SOLID GROUND LANDSCAPE INC. Client Name and Address: City of Ashland Job location: Ashland City Plaza Solid Ground proposes the following landscaping work: General conditions (permits, traffic mitigation, site evaluation and utility locates) Dig and relocate 3 existing trees to be removed to Lithia Park or Sou for others to plant Dig and relocate 1 Zelkova tree to planter nearest information booth (Southernmost tree) Deliver and install (2) large caliper Zelkova trees and (2) Willow Oak trees (already located and tagged from local nursery). Modify irrigation as required for new plantings Fertilize and mulch and stake trees as required Site clean up Trees shall be guaranteed for 18 months. See below for additional terms and warranty requirements. Estimated time for completion: 2 days Price: $o.oo (ZERO SUM PRICE) Payment schedule: due upon completion The client will advise Solid Ground of any known or suspected contaminates, dangerous conditions and subsurface (or otherwise concealed physical conditions of the project site that differ materially from those readily visible or apparent on the surface at the project site. The client shall be solely responsible for all subsurface soil and other conditions. The Client will obtain all necessary development approvals from authorities and private parties with jurisdiction or control over the project. Solid Ground will obtain all necessary building permits. Billings: Client will be billed monthly unless otherwise stated. Payment is due within 3 days of billing. Billing will identify work performed to date, the total estimated contract price, the amount paid to date, and the amount now due. Billings will include the actual charges by Solid Ground, its subcontractors, and material providers for equipment, materials, supplies, permits and services provided as part of the landscaping work, plus Solid Ground's contractor fee as stated in pricing description. February 21, 2017 I) Ashland Tree Enhancement Project s Liability Insurance: Solid Ground carries a policy of general liability insurance in the amount of two million dollars ($2,000,000.00). A. Landscaping warranty: all plants and trees are guaranteed for a period of 18 months from date of job completion. B. Irrigation and ornamental water feature warranty: All materials are guaranteed for 24 months from date of installation, and workmanship is guaranteed for 12 months from date of installation . C. Subcontractor warranties: Work performed by subcontractors is not warranted by Solid Ground but is subject to warranties provided by subcontractors. D. Conditions: Warranties shall not apply to damages or defects as a result of ordinary wear and tear, accident, natural disaster, damage by animals, and damage by improper care, or negligent acts of others. Solid Ground Landscape Inc. By: Date: Solid Ground Landscape Inc is licensed (LCB 7978) and bonded with the Oregon State Landscape Contractors Board. The current address and phone number of the board is 2111 Front Street NE, Suite 2-101, Salem, Or, 97301. Tel: 503-378- 5909 CONTRACT (only if signed by Solid Ground and Client) This proposal will become a contract only if signed and dated by Solid Ground and the Client. If executed, the contract will consist of the proposal, the following miscellaneous contract provisions, and any documents marked as exhibits to this agreement. Miscellaneous Contract Provisions 1. No assignment. Neither party may assign any rights or delegate and duties under this Agreement without the prior written permission of the other party, which may be withheld without cause at its sole discretion. 2. Law and Venue. Any legal action or proceeding concerning this Agreement shall be held in Jackson County, Oregon. This Agreement shall be interpreted and enforced according to the laws of the State of Oregon. 3. Modification. No modification of this Agreement shall be valid unless it is in writing and is signed by all of the parties. 4. Severability. The invalidity of any term or provision of this Agreement shall not affect the validity of any other provision. 5. Waiver. Waiver by any party of strict performance of any provision of this Agreement shall nit be a waiver of or prejudice any party's right to require strict performance of the same provision on the future or of any other provision. February 21, 2017 '~f Ashland Tree Enhancement Project 6. Mediation and Arbitration. The parties shall first attempt to settle any unresolved controversy concerning this Agreement by conducted by the Landscape Contractors Board (LCB). If the LCB decides not to mediate the dispute, then the parties shall promptly mediate under the terms and conditions of ORS 36.185 to 36.210 using the Portland Arbitration Service. In any event (be it LCB or private mediation), the mediation shall be subject to the confidentiality provisions of ORS 36.180 to 36.228 as amended. If the parties are not able to resolve the controversy through mediation, then the controversy shall be resolved though binding arbitration by the Arbitration Service of Portland. There will be one arbitrator. The costs of the arbitrator and the arbitration service shall be shared equally by the parties. The results of the arbitration shall be binding as provided by Oregon law, and judgment on the award rendered by the arbitrator shall be entered in the circuit court of Jackson County. The arbitrator shall have the authority to issue preliminary and equitable relief, as well as the authority to award any other remedy or relief that an Oregon court could order or grant. Notwithstanding, a party may, without any inconsistency with this Agreement, seek from a court any interim or provisional relief that may be necessary to protect the right of property of that party pending the establishment of any mediation or arbitration (or pending the arbitrator's determination of the merits of the dispute, controversy or claim). 7. Binding effect. Subject to restrictions in this Agreement upon assignment, this Agreement shall be binding on and inure the benefit of the heirs, legal representatives, successors, and assign of the parties. 8. Integration. This Agreement is the entire agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained in this Agreement. This Agreement shall supersede all prior communications, representations, and agreements, oral or written, of the parties. Solid Ground Landscape Inc. By: Date: Client By: Date: February 21, 2017 kG r• • 1 -IT i a ,fir ► ~ _ f s !M" ' s t » i ♦ x ' t', a OF r" s~ x• 1~ +~;IA1 ~ Via,' t ~ ~ • !M '~~j • ~'"Z. i ► r,,..lz e r / .a w-Stature Trees vs. Stnall-Skit re fees ~ ; ' , 'he tC'ase jlar • ! . 46% t 4 t ~ Y • a.., t ,v ~ i• t r1• t • ~ a s y r iR 4s NIP UI llis. • . .w JAI,.~ y -NOW Center for Urban Forest Research Southern Center for Urban Forestry Research & Information _ Y ~ 'hM now The Large Tree Argument All Why d*Id we like elm trees so much?, Large stately elm trees once graced many communities throughout the US. But now R ~r•L they are gone. Why were entire communities R so disappointed when they lost their elm trees to Dutch elm disease several decades ago? _ k~ People had a sense that these large trees a were important to them, their family, and their community. And this was long before we quantified the benefits of trees. Now we have scientific evidence fol what these people knew decades ago. " _US US Department of Agriculture DA Forest Service - O*s US a Center for Urban Forest Research Pacific Southwest Research Station USDA Forest Service !l y.~q e Southern Center for ~Aw Urban Forestry Research & Information Southern Research Station USDA Forest Service Urban & Community Forestry State & Private Forestry USDA Forest Service him The Large Tree Argument large trees pay us back What do you lose if you commitment to provide the best We now know that, dollar for dol- don't plant large trees? possible care and management of lar, lar e-stature trees (see sidebar our tree resource and sustain these g Municipal tree programs are benefits for future generations. definition p.6) deliver big savings dependent on tax-payer support- and other benefits we can't ed funding. Therefore, communi- ignore. Small-stature trees like ties must ask themselves, are ~OStS VS benefits crape myrtle deliver far fewer lar e-statured trees worth the In most areas of the country, com- p munities can care for their largest benefits. In fact, research at The price to plant and care for? Our trees for as little as $13 per year, Center for Urban Forest Research research has shown that benefits shows that their benefits are u to per tree. And, each tree returns an p of large-statured trees far out- average of $65 in energy savings, eight times less. weigh the costs of caring for them, cleaner air, better managed Compared to a small-stature tree, sometimes as much as eight to stormwater, extended life of a strategically located large-stature one. The big question communi- streets, and higher property val- tree has a bigger impact on con- ties need to ask is: can we afford ues. Even at maturity, small- serving energy, mitigating an not to invest in our trees? Are we stature trees do not come close to urban heat island, and cooling a willing to forego all of these bene- providing the same magnitude of parking lot. They do more to fits? Or, would we rather make a benefits. reduce stormwater run off, extend the life of streets; improve local air, soil and water quality; reduce atmospheric carbon dioxide; pro- vide wildlife habitat, increase roper values; the A ra tit eness of a clommunit y; and wu_,-,,q_,r LA-RcE TRFiF_s MEAN att promote human health and well being. And when we use large- stature trees, the bottom-line bene- fits are multiplied. When it comes to trees, size really does matter., More shade = more energy savings Don't forget the Ap~ established "Old Guard" Cleaner air - better health and We can't forget the already-estab- fewer hospital visits lished trees. These older trees pro- vide immediate benefits. The investment that community lead- More stormwater ers made 30, 40, 50 years ago is •w producing dividends today. Dr. management lower costs for McPherson, Director of the Center stormwater controls for Urban Forest Research, points out that "since up-front costs to establish these large-stature trees 1000i More shaded have already been made, keeping streets = longer time between these trees healtlnv and functional .r.- is one of the best investments resurfacing communities can make." The Large Tree Argument AIL A hypothetical example A few years ago, the community of Greentree was faced with a budget crisis and decided to save money by downsizing its community forest-planting a majority of small-stature trees like crape myrtle in favor of large-stature trees like ash and even replacing large trees with smaller ones (see below). It made choice X. Unfortunately, this is not an uncommon story in communities today. But the real question is, what did they give up in return, and was downsizing a wise choice? Table 1: large trees vs small trees The city of Greentree chose planting scenario X. By year 20 it was already a $60,000 annual mistake (see discussion above). CHOICE X CHOICE Y Avg. Ann. Benefit # Total Benefit # Total Benefit Avg. Ann. Cost Trees Total Cost Trees Total Cost Large Trees $65.18 259 $16,882.00 1,693 $110,350.00 $13.72 $3,553.00 $231228.00 Medium Trees $36.04 753 $271138.00 753 $27,138.00 $6.87 $5,173.00 $51173.00 Small Trees $17.96 11693 $30,406.00 259 $4,652.00 $6.23 $10,547.00 $1,614.00 Total Trees 21705 2,705 Total Benefits $4,426.00 $142,140.00 Total Costs $19,273 $30,015.00 Annual Net Value to Community $55,153.00 $112,125.00 Note: Ea(h'tree" represents 259 4## trees planted. In this case, the city decided that Will people want to live, work, already made nearly a $60,000 planting 1693 small-stature trees recreate, do business, and shop in dollar annual mistake. and only 259 large-stature trees this community? And will the Choice Y is clearly the way to go would be a good budget-cutting new trees provide all of the bene- to maximize their return on budg- strategy. Over the short term this fits that the residents seek-ener- et dollars. The model shows that may save the city a little money. gy conservation, clean air, clean once the trees are mature the com- But over the long term they will water, attractive surroundings, munity will receive an annual have decidedly fewer benefits and and enhanced real estate values. return on investment of nearly a decreased quality of life. City The answer is a resounding NO! $60,000 over choice X. Plus, the elected officials failed to consider The growth of these trees was community will look quite differ- what the city would be giving up modeled by The Center for Urban ent in the future and be a healthier over the life of those trees. Forest Research over 40 years. By and safer place to live. year 20, the decision-makers had The Large Tree Argument AIN Is it possible to recreate the past ? We may never have the arching canopies we once had with the stately elms of a few decades ago. But, we can still achieve large, extensive and functional canopies and reap all the benefits. It will take planting large-stature trees in as many appropriate places as possible while creating the best possible site that maximizes space and allows for adequate exchange of gases and water. And yes, it is possible! Editors Note We recogni<e that on some restricted sites small-stature trees inay be the best choice. Hou ever, let's not sneermib to the limited spruce arguinent so easily. We need to continue to fight for more space for trees in every new project and every retrofit. Die bigger the tree, the ± bigger the benefits, and, ultimate/j/, the better our quality of life. The Future Without Large Trees k Cities that are using small- stature trees to reduce costs may achieve some short-term savings, but over the long term, they have destined themselves to a future with fewer and fewer benefits as large- statured trees are replaced with smaller ones. Photo Credits: Cover - 02004 Matton Images Page 2 - ©1870 Appleton's Journal, Vol. 3, Issue 42 Page 5 - ©2004 Kudzu Graphics Fact Sheet 1 - ©2004 Matton Images Fact Sheet 2 - ©2004 Matton Images The Large Tree Argument What are trees worth?. The value of tree benefits varies widely, but can be as much as $80 to $120 per tree per year for a large tree. Small trees that never get very large, like the crape myrtle, provide not much more than $15 in benefits on average. In some cases they are a net loss to communities after the costs are subtracted. The Center for Urban Forest Research has studied large, medium, and small trees in a number of locations throughout the West and found that, on aver- age, mature large trees deliver an annual net benefit two to six times greater than mature small trees: Mature tree size Large Tree • Total benefitVyear = S55 The approximate tree . Total costs/year = S18 size 40 years after planting. • Net benefits/year = S37 • life expectancy = 120 years Relative Size • at Maturity: lifetime benefits = S61600 Small-stature • Lifetime costs = $21160 Less than 25 feet tall and wide with trunk • Value to community = $41440 diameters less than 20 inches. nil Medium-stature Medium Tree • Total benefitVyear = S33 25 - 40 feet tall and wide with trunk diam- • Total costs/year = S17 eters 20 - 30 inches. • Net benefits/year = 516 Large-stature Greater than 40 feet • Life expectancy = 60 years tall and wide with trunk diameters com- • Lifetime benefits = 51,980 monl over 30 inches. y • lifetime costs = 51,020 • Value to community = 5960 Small Tree • Total benefits/year = S23 • Total costs/year = S14 • Net benefitVyear = S9 • Life expectancy = 30 years • Lifetime benefits = 5690 • Lifetime costs = 5420 • Value to community = $270 -hYpothetical case using data for trees at year 30, projected to life expectancy from McPherson, E.G.; et. al. 2003. Northern mountain and prairie community tree guide. benefits, costs and strategic planting. Center for Urban Forest Research, Pacific Southwest Research Station, USDA Forest Service. 92p. The Large Tree Argument t M we~ r ' t s r for Large Trees Making the Case Fact Sheeto, large-stature trees need to be "marketed" as maximizing urban benefits: A Cooling the air Educate construction crews and the community about their role in preserving trees: A Shading paved surfaces • Soil compaction Improving air and water quality • Trunk and branch damage Alf Preventing water runoff and soil erosion • Over or under watering A And enhancing residential and commercial value • Chemical spills Even with these well-documented benefits, the A Pay careful attention to accidental damage, utili- challenges for increasing the number of large trees are ty activities, or onsite crews that may impact the consistently related to construction and preservation root system or soil composition. issues, space and persuading the community. Increasing Accommodate utility lines near the critical root the number of larger trees requires a combination of zone (CRZ), especially for larger trees by: strategies that address these obstacles. • Tunneling tinder the tree root mat to install Construction and preservation obstacles utility lines. This does little damage compared to trenching through the roots. Consider both the preservation and planting of large trees in planning and design. Preserving large trees dur- • Use a pneumatic excavating tool for excava- ing construction: tion work that must happen inside the CRZ. This tool can remove soil around tree roots 40 Start early in the process. without harming them. Designate which trees need to be preserved. Larger At the end of construction, plan for additional more mature trees (that are in good condition) pro- care as part of a recovery phase including vide more value and benefits than smaller orna- watering, insect and disease control, and prun- mental trees. ing. Advise construction management of project sched- ules related to season-specific activities such as root - adapted from work E if Charlotte King, President, Snowden pruning, fertilization, and insect control. Kij►g Marketing Carlrnin icalio»s The Large Tree Argument r 'r Finding space Accommodating larger trees is an ongoing challenge that is com- plicated by the competing needs for utility lines and impervious (AN ' surfaces. Here are a few suggestions to address the issue of space during the planning and design phase: • Recommend planting large-stature trees as part of transportation x corridors whenever possible. ' , • Tree roots generally stay in the upper 18 inches of soil; therefore, ensure that pipes such as gas, electric, communication and water are installed deeper and use the space above for trees. f • A new publication, "Reducing Infrastructure Damage by Tree Roots: a Compendium of Strategies," clearly outlines ways to install large trees in limited space so they coexist in harmony with hardscape. It is available through the Western Chapter ISA at littp://wwwwcisa.net. This fact sheet is provided for you to coprt and distribute. Please credit the Center for- Urban Forest Research, Pacific Southwest Research Station, LISDA Forest Service, Davis, California and the S>uthern Center for Urim Forestry Research & Information, Southern Research Station, USDA Forrest Service, Athens, Georgia. 2004 Persuading the Communi You are the tree expert, and the public is looking to you for guidance and best practices that they can rely on for critical decisions related to budgeting, construction, esthetics, and long-term environmental impact. You also have an opportunity to talk with them about selection, preservation, and critical maintenance of trees, and persuade them that the benefits of larger trees far outweigh the costs: 1. Explain the benefits of the larger trees and point out the obstacles. Discuss ways to miti- gate these obstacles as described above in terms of construction, preservation, or space. 2. Play an active role in the construction process to limit the damage done to trees, and identify post-construc- tion tree care. Make sure the community understands the ongoing tree care requirements. 3. Increase your "marketing expertise" in leveraging the value of community partners, media recognition, or historic preservation status. A little recognition combined with community education can make a big difference in changing the commitment to including larger trees in community projects. Council Study Session March 6,2017; Title: Water Connections Outside City Limits Item Type: Request for Direction Requested by Council? Yes From: Michael R. Faught Public Works Director mike.faught(@_ashland.or.us Dave Lohman City Attorney David. lohmanCD-ashland. or.us Discussion Questions: 1. Do the hardships borne by land owners needing water for activities on property which is outside the city limits warrant further Council consideration of reducing the barriers to using City water on such property? 2. Are the premium rates due for City water being used outside the city limits high enough to offset the costs of future water supply infrastructure needs attributable to such usage? 3. Is enforcement of the current ban on unpermitted usage of City water outside the city limits sufficiently fair and effective to serve as a deterrent to such usage? 4. Are the long-term water system impacts of reducing the barriers to use of City water outside the city limits probably small enough or probably great enough that additional staff and consultant work to quantify those potential impacts is unnecessary? 5. Does the Council want to simply clarify the current criteria in AMC 14.04.060 for obtaining permission to use City water outside the city limits, as proposed in the ordinance amendment presented for Second Reading at the November 15, 2016 Council meeting? 6. Should the City pay consultants to provide detailed predictions of the future water system impacts of reducing the barriers to the use of City water outside the city limits? Resource Requirements: If the Council decides to approve the proposed amendments to AMC 14.04.060 through a second reading, then no additional cost would be incurred other than required staff time. If the Council requests action to define the long term impacts of allowing greater City water usage outside of the city limits, staff recommends amending the current water master plan contract with RH2 Engineering to include this analysis. Public Works staff with the assistance of the Geographic Information System (GIS) Division have determined there is an additional 1,922 acres of property that is currently split by the City Limits line. Staff would amend the current Page 1 of 4 CITY OF ASHLAND master plan update contract to have RH2 include this additional property/usage into the supply demand forecasting. SujZgested Next Steps: If Council accepts staffs recommendation of simply clarifying AMC 14.04.060 without making any substantive changes, Second Reading of the ordinance amendment originally scheduled for November 15, 2016 will be placed on the look ahead for future consideration. If Council requests additional analysis regarding the water system impacts of allowing greater City water usage outside the city limits, staff will negotiate a contract amendment with RH2 Engineering and request the analysis begin immediately as part of the water master plan update process. The amendment will also require review of the rate structure and proposed financial plan associated with the master plan update. The information generated by the analysis will be brought back to the Council for further discussion at a future Study Session. Policies, Plans and Goals Supported: N/A Backizround and Additional Information: At the December 6, 2016 Council meeting, the council discussed a proposed second reading to amend AMC 14.04.060 Water Connections Outside the City Limits. The code currently says, "No premises located outside the City of Ashland may be connected to the city water system except as provided herein." Our legal team suggested amendments to the current AMC to avoid any misinterpretation of the word connected, making it clear that no City water could be used outside the city limits unless said use meets the exception in AMC 14.04.060 B and C. The draft code amendments further recommended language to clarify that all requirements in AMC 14.047.060B.3 and C.1-4 must be met before the Council could approve use of water on those properties outside the city limits. During the presentation, it was noted that some owners of legal lots wholly within the city limits want to be able to use City water on separate adjacent lots that are outside the city limits and, sometimes, even outside Ashland's Urban Growth Boundary. A related but arguably distinguishable issue arises in the relatively few cases in which legal lots are partly inside the city limits and partly outside and the property owners want to be able to use City water on the portions of their property that fall outside the city limits. In both of these cases, the Code as written establishes fairly strict criteria for lawful use of any City water on the portion of the property that is outside the city limits. Relaxing the current requirements to get permission to use of City water outside the city limits would very likely impact our long term water supply, which in turn would impact long term capital project requirements. As an example, if the Council were to relax current criteria so as to allow use of City water on properties either abutting privately-owned lots within the city limits or properties split by city limits, up to 1,922 acres of property (see attached map) could be eligible for application of City water. The current water master plan, which is intended to plan for future peak season water usage, does not take into account a large portion of the 1, 922 acres: Page 2of4 CITY OF ASHLAND it accounts for appropriate water usage only within the current city limits and the current urban growth boundary. Significantly lowering the current barriers to use of City water outside the city limits would almost certainly impact our long term water demand and accelerate the time that the City would need to add additional water supply and potential capital improvements associated with the water system. Current AMC 14.04.06013 and C: B. Premises outside the city may be connected to the city water system only as follows: 1. Connections authorized by the council prior to June 18, 1997. 2. Connections authorized by the council for city or other governmental facilities. 3. Connections authorized by resolution of the council where the council finds: i. The connection is determined to be in the best interest of the City of Ashland and to not be detrimental to the City's water facilities or resources. ii. The applicant secures, in writing, a statement from the Environmental Health Division, Health Department, Jackson County, Oregon, that the existing water system for the premises has failed. iii. The failed water system cannot feasibly be repaired or improved and there is no other feasible source of water for the premises. iv. An Ashland water main or line exists within 100 feet of the premises. v. The connection is to premises within the city's urban growth boundary. C. Connections authorized under section B.3. above shall be made only upon the following conditions: 1. The applicant for water service pays the water connection fee for connections outside the city and the systems development charges established by the City. 2. In the event dwellings or buildings connected to the water system are subsequently replaced for any reason, then the replacement building or dwelling may continue to be connected to the water system of the City as long as the use of the water system will not be increased as determined by the Director of Public Works. 3. The applicant furnish to the City a consent to the annexation of the premises and a deed restriction preventing the partitioning or subdivision of the land prior to annexation to the City, signed by the owners of record and notarized so that it may be recorded by the City and binding on future owners of the premises. The cost of recording the deed restriction shall be paid by the property owner. 4. The property owner shall execute a contract with the City of Ashland which provides for: payment of all charges connected with the provision of water service to the property; compliance with all ordinances of the city related to water service and use; termination of service for failure to comply with such ordinances and that failure to pay for charges when due shall automatically become a lien upon the property. A memorandum of the contract shall be recorded in the county deed records with the cost of recording to be paid by the property owner. Page 3of 4 CITY OF ASHLAND Attachments: • City of Ashland Resolution 97-27 • December 6, 2016 Council Communication • GIS Developed City Map Page 4 of 4 CITY OF ASHLAND RESOLUTION NO. 97-A7 RESOLUTION ESTABLISHING STANDARDS FOR WATER CONNECTIONS OUTSIDE THE CITY LIMITS THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. No premises located outside the City of Ashland may be connected to the city water system except as provided in this resolution. SECTION 2. Premises outside the city may be connected to the city water system only as follows: A. Connections authorized by the council prior to the date of this resolution. B. Connections authorized by the council for city or other governmental facilities. C. Connections authorized by resolution of the council where the council finds.. 1. The connection is determined to be in the best interest of the City of Ashland and to not be detrimental to the City's water facilities or resources. 2. The applicant secures, in writing, a statement from the Environmental Health Division, Health Department, Jackson County, Oregon, that the existing water system for the premises has failed. 3. The failed water system cannot feasibly be repaired or improved and there is no other feasible source of water for the premises. 4. An Ashland water main or line exists within 100 feet of the premises. 5. The connection is to premises within the city's urban growth boundary. SECTION 3. Connections authorized under section 2.C of this resolution shall be made only upon the following conditions: A. The applicant for water service pays the water connection fee for connections outside the city and the systems development charges established by the city. B. In the event dwellings or buildings connected to the water system are subsequently replaced for any reason, then the replacement building or dwelling may continue to be connected to the water system of the City as long as the use of the water system will not be increased as determined by the Director of Public Works. C. The applicant furnish to the City a consent to the annexation of the premises and a deed restriction preventing the partitioning or subdivision of the land prior to annexation to the City, signed by the owners of record and notarized so that it may be PAGE 1-RESOLUTION (P:ord%watrcon3.ros)1Junc 12, 1997) i recorded by the City and binding on future owners of the premises. The cost of recording the deed restriction shall be paid by the property owner. D. The property owner shall execute a contract with the City of Ashland which provides for: payment of all charges connected with the provision of water service to the property; compliance with all ordinances of the city related to water service and use; termination of service for failure to comply with such ordinances and that failure to pay for charges when due shall automatically become a lien upon the property. A memorandum of the contract shall be recorded in the county deed records with the cost of recording to be paid by the property owner. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.09 duly PASSED and ADOPTED this day of x7L~ , 1997. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 1997. , Catherine M. Golden, Mayor Rev' d as o form, Paul Nolte, City Attorney PAGE 2-RESOLUTION (p:ordlwstrcon3.res)(June 12, 1997) CITY OF ^ASHLAND Council Communication December 6, 2016, Business Meeting Second Reading of an Ordinance Amending AMC 14.04.060 Water Connections Outside City the Limits FROM: Dave Lohman, City Attorney, david.lohman@ashland.or.us SUMMARY: The City's water supply and water conservation continue as ever-present concerns. AMC 14.04.060 has been routinely interpreted to have addressed these concerns by prohibiting the connection of premises outside the City to the City water system, with a few clearly-defined exceptions. The amendment to AMC 14.04.060 proposed in this agenda item is intended to unambiguously confirm that routine interpretation. BACKGROUND AND POLICY IMPLICATIONS: At its November 15, 2016 regular session, the City Council approved first reading of an ordinance amending AMC 14.04.060 as presented. AMC 14.04.060A currently says, "no premises located outside the City of Ashland may be connected to the city water system except as provided herein." To avoid possible misinterpretation of the word connected in this limitation, staff proposes amending the provision to make clear that using water from the City water system on premises outside the City - whether the water is obtained by direct connection or otherwise - is disallowed except upon Council approval, in the narrow circumstances already set forth in AMC 14.04.06013 and C. This proposed amendment does not change City policy as it apparently has been interpreted ever since the enactment of AMC 14.04.060. The amendment simply clarifies and confirms that interpretation. Past enforcement of this provision may have been sporadic as a result of necessarily being complaint- driven, but enforcement that has occurred has been consistent with that broad interpretation. An additional change in language in AMC 14.04.060C is intended to clarify that all of the requirements in subsections B.3 and C.1-4 must be met before Council can approve use of water on premises outside the City, except in the case of connections authorized by the Council for City or other governmental facilities or those authorized prior to June 18, 1997. Lastly, the proposed amendment modifies existing AMC 14.04.060E to make clear that violation of Chapter 14.04 could result in restriction or termination of service, in addition to a fine of up to $325 per day for individual and $500 per day for a business entity. The current provision makes $500 per day the maximum penalty for violation. Page 1 of 2 1 . CITY OF ASHLAND COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the second reading of this ordinance. SUGGESTED MOTION: I move to approve the second reading of an ordinance titled, "An Ordinance Amending AMC 14.04.060 Water Connections Outside City the Limits" as presented. ATTACHMENTS: Proposed Ordinance Page 2 of 2 LAII ORDINANCE NO. AN ORDINANCE AMENDING AMC 14.04.060 WATER CONNECTIONS OUTSIDE CITY THE LIMITS Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, water provided through the city water system is a precious, limited resource; WHEREAS, transporting and treating water delivered through the city water system are services provided for the benefit of premises within the City of Ashland; WHEREAS, the current Chapter 14.04.060 of the Ashland Municipal Code evidently is intended to preclude the use of water from the city water system on premises located outside the City of Ashland except under clearly specified conditions; and WHEREAS, the addition of clarifying language in Chapter 14.04.060 to set forth more explicitly the limitation on using water from the city water system on premises located outside the city would be beneficial for purposes of public understanding and enforcement. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Ashland Municipal Code 14.04.060 Water Connections Outside City the Limits is amended to read as follows: 14.04.060 Water Connections Outside City the Limits A. Except as provided herein, Nno premises located outside the City of Ashland may be connected to the city water system exeept as provided herein or make use of water obtained through a direct or indirect connection to the city water system. B. Premises outside the city may be connected to the city water system only as follows: Ordinance No. Page 1 of 3 1. Connections authorized by the council prior to June 18, 1997. 2. Connections authorized by the council for city or other governmental facilities. 3. Connections authorized by resolution of the council where the council finds: i. The connection is determined to be in the best interest of the City of Ashland and to not be detrimental to the City's water facilities or resources. ii. The applicant secures, in writing, a statement from the Environmental Health Division, Health Department, Jackson County, Oregon, that the existing water system for the premises has failed. iii. The failed water system cannot feasibly be repaired or improved and there is no other feasible source of water for the premises. iv. An Ashland water main or line exists within 100 feet of the premises. v. The connection is to premises within the city's urban growth boundary. C. Connections authorized under subsection B.3.above shall be made only after all the criteria in subsection B.3. and upon the following conditions have been met: 1. `The applicant for water service pays the water connection fee for connections outside the city and the systems development charges established by the City. 2. In the event dwellings or buildings connected to the water system are subsequently replaced for any reason, then the replacement building or dwelling may continue to be connected to the water system of the City as long as the use of the water system will not be increased as determined by the Director of Public Works. 3. The applicant furnish to the City a consent to the annexation of the premises and a deed restriction preventing the partitioning or subdivision of the land prior to annexation to the City, signed by the owners of record and notarized so that it may be recorded by the City and binding on future owners of the premises. The cost of recording the deed restriction shall be paid by the property owner. 4. The property owner shall execute a contract with the City of Ashland which provides for: payment of all charges connected with the provision of water service to the property; compliance with all ordinances of the city related to water service and use; termination of service for failure to comply with such ordinances and that failure to pay for charges when due shall automatically become a lien upon the property. A memorandum of the contract shall be recorded in the county deed records with the cost of recording to be paid by the property owner. D. The requirements of this Section are in addition to, and not in lieu of, land use approvals and authorizations necessary for extra-territorial extension of water service required by Oregon law. E. A violation of any - . . i of this ehapter- shall be punishable as a Class 1 Violati t forth if MC ' .nQ. Any person who violates any provision of this Chapter shall be punished as set forth in Section 1.08.020 of the Ashland Municipal Code, in addition to other legal and equitable remedies available to the City of Ashland, includintj restriction or termination of service. Ordinance No. Page 2 of 3 SECTION 2. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinances or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code, and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered or re-lettered, provided however, that any Whereas clauses and boilerplate provisions (i.e., Sections 2-4] need not be codified, and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2016, and duly PASSED and ADOPTED this day of , 2016. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2016. John Stromberg, Mayor Reviewed as to form: David H. 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