HomeMy WebLinkAbout2011-100 Order No 2011-June - ODOT Welcome Center
ORDER NO 2011- ~
AN ORDER APPROVING AN OREGON DEPARTMENT OF
TRANSPORTATION REQUEST TO THE CITY OF ASHLAND TO
EXTEND WATER AND SEWER SERVICE TO THE SISKIYOU
WELCOME CENTER AND REST AREA FACILITY LOCATED OUTSIDE
THE CITY LIMITS OF ASHLAND
Having been fully advised by the record of hearings, facts and conclusions by the City of
Ashland Planning Commission (herein incorporated by reference), by City Staff, the Applicant
and having heard public testimony related to the Oregon Department of Transportation (ODOT)
of its proposed development of the Siskiyou Welcome Center and Rest Area (SWCRA), the City
of Ashland Mayor and City Council make the following findings and conclusions of law:
THE MAYOR AND COUNCIL, ACTING WITHIN ITS POWERS AND AS NECESSARY OR
CONVENIENT FOR THE CITY TO CONDUCT ITS MUNICIPAL AFFAIRS, ORDERS AS
FOLLOWS:
SECTION 1. FINDINGS AND CONCLUSIONS,
Finding: The Mayor and Council adopt the record of the City of Ashland Planning Commission L-
pertaining to approval ofSWCRA.
Finding: The present Mayor and Council adopt the records of previous Mayors and Councils
who have been required, since at least 1994, to interpret the City's charter and have acted to
address the issue of supplying water and sewer to both private parties and governmental facilities
outside the city limits.
Finding: ODOT's proposed SWCRA is a governmental facility.
Finding: ODOT's proposed development of SWRCA is outside the City of Ashland (City) limits
and Urban Growth Boundary. (UGB). Pursuant to communication from Paul Nolte, former City
, Attorney, to City Council:
"State law regarding the delivery of water outside the UGB is more liberal. Rules adopted
under the Public Facilities and Services Goal, Goal II referenced above, provide that
local land use regulations may allow the creation or extension of water systems in rural
areas so long as newly created systems or extensions are not used to justify higher
densities for residential development based on the availability of the water system. (OAR
660-011-0065)" Council Communication, Nolte, p.3 (5115/2001)
Finding: Article XVI, section one of the City of Ashland Charter provides:
"Public Utilities - Water Works. The City of Ashland, a municipal corporation, shall
have the power to provide the residents of said City with such services as water, sewer,
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electric power, public transportation and such other public utilities as the people desire by
majority vote; and to exact and collect compensation from the users of such public utility;
provided, however, that any and all water and water works and water rights now owned
or which may hereafter be acquired by said City, for the purpose of supplying the
inhabitants thereof with water shall never be rented, sold or otherwise disposed of; nor
shall the City ever grant any franchise to any person or corporation for the purpose of
supplying the inhabitants of said City with water. (Emphasis added.)
Finding: The legal interpretation of Article XVI, section one of the City Charter has been
adopted as follows:
"The charter language in question was adopted as an amendment to the charter by a vote
of the people in May, 1970. The amendment was one among many presented to the
voters significantly amending the 1889 charter by replacing it with the 1970 charter. The
language was proposed by the Charter Revision Committee for 'protection of the City
Water System.' Thus the language was proposed in order to protect the water system sale
or disposal.
At the following election in November, 1970, other charter amendments were submitted
to the voters. The city council resolution proposing the new amendments described the
May charter amendment as providing "that, the water works. . . should never be rented,
sold, or otherwise disposed of. n This same resolution adopted a ballot title for the
November, 1970 amendments as follows:
'Purpose: To amend Article XVI, Sections I and 5, of the 1889 Charter of the City of
Ashland, as amended, by providing that the electrical power, water and sewer system
shall never be rented, sold, or, otherwise disposed of, without a vote of the people. . ,
,
In other words, the charter provision was perceived before and after its adoption to
protect the system from sale, not to restrict the sale of water to only city inhabitants. The
import of the charter language is that the water works or system shall never be sold, not
the water." Memorandum. Power of City to Sell Water Outside City, Paul NolteJo Mayor
and City Council, 5/1611994.
Conclusion: City of Ashland Charter and the City of Ashland Resolution 97-27 permit water
connection to governmental facilities outside the city limit.
Finding: The City provides water rates and historically has sold and presently and regularly
sells water to both private parties and governmental and/or commercial facilities outside the city
limits.
Finding: City of Ashland sewer waste systems and water supply systems have adequate
capacity to accommodate additional flows from the SWRCA facility.
Conclusion: ODOT must obtain State Planning Goal 3, 9, and II approvals before city will
extend sewer and water facilities to service the development.
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Finding: ODOT with the likely assistance of Travel Oregon (Oregon Tourism Commission) is
agreeable to and is intent upon fully funding the construction and operation of the SWCRA.
Finding: The drafting and execution of an intergovernmental agreement between ODOT and the
City that ensures funding of construction and operation of the SWCRA before extension of sewer
and conilection of water services is necessary for the city public interest.
Conclusion: Prior to any construction or development ofthe SWCRA, staff ofthe City Public
Works will draft an intergovernmental agreement between ODOT and the City that ensures
funding of construction and operation that is acceptable to the Mayor and Council.
Finding: The State Police considers the SWCRA to be in a prime patrol tactical zone for
Siskiyou Mountain 1-5 traffic and the OSP is agreeable to and is intent upon using the SWCRA
as a branch location for department use.
Finding: Providing potable water to supply the SWCRA irrigation needs is not in the city public
interest and can be addressed by present legal authority.
"The issue of providing water outside the UGB, such as to the proposed state welcome
center, was raised in the discussion of the water curtailment amendments. The council
was concerned about how the city might enforce water curtailment measures outside the
city limits. Since the initial adoption of the water curtailment ordinance, water contracts
for delivery of water outside the city limits have included provisions making the water
consumer subject to water curtailment provisions. Failure to comply with water
curtailment laws allows the city to terminate the contract and therefor the service."
Council Communication, Nolte, p.1 (5/15/2001)
Finding: Four years to complete development and begin operation of SWCRA is an adequate
time period for ODOT performance and is necessary to ensure ODOT diligent performance
toward completing the project.
Conclusion: The presence and use of and information distributed by the Siskiyou Welcome
Center and Rest Area is likely of benefit to the City of Ashland's tourism economy and
surrounding areas and to all those who travel to and visit the City via Interstate 5. If developed
and operated according to designs and/or conditions agreed to by ODOT and Travel Oregon,
negative impacts, if any, to surrounding neighborhoods can be managed in order to address its
presence and those visiting and leaving the facility. Therefore, extending service of potable
water (not to be used for irrigation) and sewer (utilizing an existing sewer line fixture) is in the
interest of and benefit to the City of Ashland.
Section 2. ORDER.
THE CITY OF ASHLAND MAYOR AND COUNCIL HEREBY ORDER:
Approval of ODOTs application to extend for water and sewer contingent upon Welcome Center
being built, water use from the City of Ashland be limited to non-irrigation use only and
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adequate funding for maintenance and staffing with a four year limit to complete said
development.
This ORDER was duly PASSED and ADOPTED this 21st day ofJune, 2011, and takes effect
upon the ning by the May
Bar ara Christensen, City Recorder
SIGNED and APPROVED this ~ day of June, 2011.
J
"".......
aVid Lohman, City Attorney
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