HomeMy WebLinkAbout3301 Amending AMC 14.08 Sewer System Rates, 14.08.030 Connection Outside City Inside UGB, and 14.08.031 Connection Outside UGB ORDINANCE NO. 3301
AN ORDINANCE AMENDING AMC 14.08 SEWER SYSTEM-RATES, SECTION
14.08.030 CONNECTION OUTSIDE CITY, INSIDE URBAN GROWTH BOUNDARY
AND SECTION 14.08.031 CONNECTION OUTSIDE URBAN GROWTH BOUNDARY
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 I of the Ashland City Charter provides:
Powers of the C:113L The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or irnpliedly grant or allow
municipalities, as fiffly 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. AMC Section 14.08.030 Connection Outside City,Inside Urban Growth
Boundary is amended as follows:
An occupied dwelling or building located outside the City of Ashland and inside the urban
growth boundary may be connected to the sewer system when such connection is determined by
the Ashland City Counci Public Works Director to be in the best interest of the City of
Ashland and to not be detrimental to the City's sewerage facilities. Such connection shall be
made only upon the following conditions:
A. The applicant for sewer service pays the sewer connection fee and the systems development
charges established by the City Council.
B. The applicant pays the full cost of extending the City of Ashland sewer main or line to the
property for which sewer service is being requested.
C. The applicant secures,in writing, statements &-om the appropriate regulatory authority
that the existing sewage system has failed and that the provision of sewer by the City of
Ashland does not confilet with the state in-1 local lawsi rules and regulation
The applicant shall secure,in writing, a statement from the Department of
Environmental Quality that the existing sewage system has failed and that no new
permit will be issued for repair or replacement.
D. The applicant furnishes to the City a consent to the annexation of the land, signed by the
owners of record and notarized so that it may be recorded by the City and binding on future
owners of the land.
E. The applicant provides payment to the City, at the time of annexation., an amount equal to the
current assessment for liabilities and indebtedness previously contracted by a public service
district, such as Jackson County Fire District No. 5, multiplied by the number of years
ORDINANCE NO. 3301 Page 1 of 3
remaining on such indebtedness, so that the land may be withdrawn from such public service
districts in accord with ORS 222.520 and at no present or future expense to the City.
F. The owner executes a deed restriction preventing the partitioning or subdivision of the land
prior to annexation to the City.
G. The land is within the Urban Growth Boundary.
H. In the event of connecting a replacement dwelling or building to the sewer system,the
connection does not increase use of the sewer system as determined by the Director of Public
Works. (Ord. 3073, amended, 08/21/2012; Ord. 21861, amended, 10/03/2000)
SECTION 2. AMC Section 14.08.031 Connection Outside Urban Growth Boundary is
amended as follows:
A. Premises located outside the urban growth boundary may be connected to the Ashland
sewer system when such connection is determined Ashland City Counei by the Public
Works Director to be in the best interest of the City of Ashland and to not be detrimental to the
City's sewage facilities. Such connection shall be made only upon the following conditions:
a. The applicant for sewer service pays the sewer connection fee and the systems
development charges established by the City Council.
b. The eonneet4on is for-the use and benefit of dwellings and buildings
completed and existing on july 1,1
c-. b.An Ashland sewer main or line exists with 1-40 300 feet of the premises.No main or
lines will be extended to serve properties outside of the,Ashland Urban Growth Boundary.
d-. c. In accordance with all relevant OAR's,the j;he-applicant shall securemi
writing,1!statements from Jaekson Gounty_gLe Department of Environmental Quality
that the existing sewage system has failed and that e provision of sewer by the City of
Ashland does not conitict with the-:1-ard-r-so-n- Colunty Comprehensive Plan suppor
deeuments� Fules or regulations no new permit will be issued for repair or
replacement.
e.- d.The property owner shall execute a deed restriction on the property that states that
no further buildings or additions to existing buildings shall be connected to the sewer
service.
fl. e. The property owner shall execute a contract with the City of Ashland which
provides for payment of all charges connected with the provision of sewer service to the
property;compliance with all ordinances of the City related to sewer service and that
failure to pay for charges when due shall automatically become alien 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.
B. The Citr y Council may also piroy,4de sewer s"ce outside the urban grow
h-oundar-y by special contFaet under sueh tems and eonditions the Council deems
appropriate when sueh eonneetion is in the best interest of the City. (Ord. 27",
amended, 1993)
ORDINANCE NO. 3301 Page 2 of 3
SECTION 3. 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 4. 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.
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 , 2026, and duly PASSED and
ADOPTED this day of ,In (> _ , 2026.
SIGNED and APPROVED this_ day of M 1 0 V. ,2026.
ATTEST:
Alissa o o zlnsO:, City Recorder
Tonya Gr am,Mayor
Reviewed as to f
Joh ietil , i ttorney
ORDINANCE NO. 3301 Page 3 of 3