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Ord 2405 - Sewer/Water outside city boundaries COUNCIL BILL NO. 2635 ORDINANCE NO. 2405 AN ORDINANCE ESTABLISHING POLICY FOR THE PROVISION OF MUNICIPAL SEWER AND WATER SERVICE TO PROPERTIES LOCATED OUTSIDE CITY BOUNDARIES. WHEREAS, due to historical development the City currently provides water and/or wastewater service to a limited number of properties outside City boundaries; and WHEREAS, these properties outside City boundaries have at least one property line that is adjacent to an established City boundary; and WHEREAS, the City Council has determined that City services will not be provided to any additional properties outside City boundaries unless the property is annexed to the City; and WHEREAS, the City Council has determined that no service upgrades will be permitted to properties located outside City boundaries unless the property is annexed to the City; and WHEREAS, the City has determined that the City will terminate municipal sewer and water service to properties located outside corporate City boundaries when certain conditions exist; and WHEREAS, the City Council believes that in the interest of fairness and consistency, it is desirable to set forth City policy in this Ordinance; and WHEREAS, notwithstanding the policy set forth in this Ordinance, the City Council has the legal right, at its discretion and at any time, to terminate water and/or sewer service to properties currently served outside City boundaries; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Municipal water and/or sewer service will not be provided to properties located outside City boundaries except as provided in this Ordinance. Section 2. Property outside City boundaries that is not currently provided water and/or sewer service by the City may obtain a connection to municipal water and/or sewer service only if the property is first annexed into the City. Section 3. Property outside City boundaries that is currently provided water and/or sewer service by the City shall continue to receive such service unless any of the following events occur: A. Municipal water and/or sewer use on the property ceases for a continuous period of at least six (6) months; or Page 1 - COUNCIL BILL NO. 2635 ORDINANCE NO. 2405 ,........... .. B. A change in use; or C. A change in operations resulting in a material increase in the use of water and/or sewer service; or D. A change in ownership or title to the property Section 4. Municipal water and/or sewer service will not be discontinued until notice and an opportunity for a hearing have been given to the occupant and to the owner of record of the involved property. The notice shall be personally served or mailed by certified mail and shall state that thirty (30) days after the date of which the notice is given, service to the property will be discontinued. The notice shall also state that, before such date, a hearing may be requested on the matter, in which case service will not be discontinued until after the hearing is held. If a hearing is requested, a hearing date shall be set and all interested parties shall have the opportunity to address the City Council on the discontinuance of municipal water and/or sewer service. The City Council will then decide whether service shall be discontinued. Section 5. Nothing in this Ordinance shall limit the power of the City Council and City Administrator to contract with parties to provide municipal water and/or sewer service to property located inside or outside the corporate City boundaries. Approved as to form: City Attorney Approv Passed by the Council Submitted to the Mayor Approved by the Mayor 12, July 12, 2006 Filed in the Office of the Recorder ____ r) ATTEST: ~J~-;~ City of Woodburn, Oregon July 12, 2006 Page 2 - COUNCIL BILL NO. 2635 ORDINANCE NO. 2405 .......,. ....... .,.