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HomeMy WebLinkAbout3144 Amending 14.04.060 Water Connections Outside City Limits ORDINANCE N0. ~ l`~ AN ORDINANCE AMENDING AMC 14.04.060 WATER CONNECTIONS OUTSIDE THE CITY LIMITS Annotated to show ~~'°~and additions to the code sections being modified. Deletions are bold ' 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 the C~ Limits A. Except as provided herein, ono premi~~es located outside the City of Ashland maybe connected to the city water system ~~~~~~e~ed-hers 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, at the Council's ~i~ee-lien 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. 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 subjection 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 aid 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. "nor ' .n4. 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, including 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 ordinance or portions thereof were operative. This section simply clarifies the existing situation that nothi g in this Ordinance affects the validity of prosecutions commenced and continued under the aws 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" maybe 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 ` ~ , 2017, and duly PASSED and ADOPTED this ~ ~ day of , 2017. D na Smith, City Recorder Assistant SIGNED and APPROVED this ~ to day of , 2017. Stro erg, Mayor ied as to form: , Davi . Lo an, City Atto e Ordinance No. Page 3 of 3