HomeMy WebLinkAbout3300 Amending AMC 14.04.060 Water Connects Outside the City Limits ORDINANCE NO. 3300
AN ORDINANCE AMENDING AMC SECTION 14.04.060 WATER CONNECTS
OUTSIDE THE CITY LIMITS
Annotated to show deletions and additions to the Ashland Municipal Code sections being
modified. Deletions are bold lined-through, and additions are bold underlined.
WHEREAS,Article 2. Section 1 of the Ashland City Charier 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.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. 14.04.060 Water Connections Outside the City Limits are amended as follows:
A. Except as provided herein,no premises located outside the City of Ashland may be
connected to the City water system 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:
1. Connections authorized by the Council prior to June 18, 1997.
2. Connections authorized by the Couneg Public Works Director for City or other
governmental facilities.
3. Connections authorized by the resolution of the Counc;ll Public Works Director where
the CounEil Director finds:
i. The connection is determined,at the Couneff's Director's discretion,to be in
the best interest of the City of Ashland and to not be detrimental to the City's water
facilities or resources.
,i a
Health Division, Department,epartmen S jacks on County, Oregon, tha thn
existing earn#nr system for the premise has failed.
ii- ii. The failed water system cannot feasibly be repaired or improved and there
is no other feasible source of water for the premises.
iv: iii. An Ashland water main or line exists within 100 feet of the premises.
V: iv. Tlie connection is to premises within the City's urban growth boundary.
ORDINANCE NO. 3300 Page 1 of 3
C. Connections authorized under subsection B.3 above shall be made only after all the criteria
in subsection B.3 and 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 famish 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 lien of,land use approvals and
authorizations necessary for extraterritorial extension of water service required by
Oregon law.
E. Any person who violates any provision of this chapter shall be punished as set forth in AMC
1.08.020,in addition to other legal and equitable remedies available to the City of Ashland,
including restriction or tertnination of service. (Ord. 3144 § 1,amended, 05/16/2017; Ord.
3137, amended,2017; Ord. 3029, amended, 08/0312010)
SECTION 2. Severability. Each section of this ordinance, and any part thereof, is severable,
and if any part of this ordinance is held invalid by a court of competent jurisdiction, the
remainder of this ordinance shall remain in full force and effect.
SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance"may be changed to "code", "article". "section", "chapter"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 3-5)need not be codified and
the, City Recorder is authorized to correct any cross-references and any typographical errors.
ORDINANCE NO. 3 300 Page 2 of 3
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 L4 , 2026, and duly PASSED and
ADOPTED this _day of , 2026.
SIGNED and APPROVED this day of ,-T( J,44 O, , 2026.
ATTEST:
Alissa Ko o zinski, City Recorder
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Tonya Graham,Mayor
Reviewed as to form:
Jo . til , ity Attorney
ORDINANCE NO. 3300 Page 3 of 3