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Res. 2240 - Extend and Provide Sewer Service to 8702 Parr Road NE COUNCIL BILL NO. 3267 RESOLUTION NO. 2240 A RESOLUTION TO EXTEND AND PROVIDE MUNICIPAL SEWER SERVICES TO THE RUSSIAN OLD BELIEVERS ST NIKOLA CHURCH PROPERTY (8702 PARR ROAD NE, WOODBURN, OREGON) LOCATED OUTSIDE THE CORPORATE CITY BOUNDARIES WHEREAS, pursuant to City Ordinance No. 2405, the City has the power and authority to provide municipal water and/or sewer service to property outside the corporate City boundaries in instances where an emergency is declared by the City Council and the Council makes a policy determination that it is in the interests of the City to provide these services; and WHEREAS, as a result of the annexation and planned residential development at 8708 Parr Road NE, the Brighton Pointe subdivision, the adjacent Russian Old Believers St Nikola Church property (8702 Parr Road NE) needs to decommission the location of its current septic system drain field; and WHEREAS, Marion County is generally responsible for issuing permits for septic tank systems (and associated drain fields) for properties located in the county, and in this case, in order to relocate the system onto the Church property, which remains in the County, the Church was required to get an Onsite Wastewater Permit ("Septic Permit") from the County; and WHEREAS, due to the now physical and legal availability of a public sewer system connection adjacent to the Church property as a result of surrounding redevelopment, the Church is now unable to obtain a County-issued permit to replace and relocate its drain field; and WHEREAS, the Church's property is located within the City's urban growth boundary, however, it remains unincorporated and has no current desire to annex into the City; and WHEREAS, in order to accommodate the decommissioning of the Church's current septic drain field and otherwise permit the Brighton Pointe subdivision to continue with its planned development in said location, it is critical that the Church's property be given an allowance for connection to the City's sewer system without having to annex, provided certain conditions are hereafter met; and WHEREAS, the City Council finds that as a result of the adjacent development of the Brighton Pointe subdivision, the Church's septic system must be decommissioned, and therefore as a result, a public health emergency is declared to exist and the City finds that it is in its best interest to correspondingly Page i -COUNCIL BILL NO. 3267 RESOLUTION NO. 2240 extend and provide a municipal sewer connection for the Church Property, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The City hereby declares a public health emergency necessitating that municipal sewer services be extended outside City boundaries. Section 2. The City Council finds that it is in the public interest that sewer services should be extended outside City boundaries and hereby approves providing municipal sewer services to the Russian Old Believers St Nikola Church property (8702 Parr Road NE), subject to the following condition: The Church's street frontage along Parr Road must be improved to the minimum City development code standards. This would include construction of a curb, drainage, 6-foot landscape strip with street trees, and a 6-foot sidewalk. Section 3. The Church and any/all future owners of the property at 8702 Parr Road NE, will be responsible for charges billed for municipal sewer services pursuant to applicable City ordinances and resolutions setting sewer rates, including Ordinance No. 1965. Section 4. The City Council's decision to extend sewer services outside City boundaries in this situation is specific to the facts and circumstances of this case and are justified as a result of the adjacent residential redevelopment. All costs associated with extending the municipal sewer line(s) and providing the service connection for the Russian Old Believers St Nikola Church Property will be borne by the developer responsible for construction of the Brighton Pointe Subdivision (City Planning Application ANX 22-03). Approved as to Form: p �� City At hey Date APPROVED: &:::�� J - r- Frank Loner6lAn, Mayor Passed by the Council 16 �4-- a ; Submitted to the Mayor _4cfr, cg, Approved by the Mayor Q- aid Filed in the Office of fhe Recorder Page 2-COUNCIL BILL NO. 3267 RESOLUTION NO. 2240 n� ATTEST: K Heather Pierson, City Recorder City of Woodburn, Oregon Page 3-COUNCIL BILL NO. 3267 RESOLUTION NO. 2240