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Res 1944 - Extend Water ServicesCOUNCIL BILL NO. 2795 RESOLUTION NO. 1944 A RESOLUTION RATIFYING THE CITY COUNCIL POLICY DETERMINATION TO EXTEND WATER SERVICES OUTSIDE CITY BOUNDARIES BASED UPON A PUBLIC HEALTH EMERGENCY EXISTING IN THE WATER DISTRIBUTION SYSTEMS OF THE SHALIMAR, DRIFTWOOD, AND CHATEAU RANCHETTES DEVELOPMENTS WHEREAS, the City Council reviewed and considered the Staff Report dated July 13, 2009, which is attached to this Resolution as Exhibit "A"; and WHEREAS, the City Council made a policy determination at its July 13, 2009 meeting to allow extension of City water services outside the City limits and Urban Growth Boundary based upon a public health emergency; and WHEREAS, the City Council passed an ordinance to clarify its authority under ordinance 2401 to provide water and/or sewer services outside in the case of a public emergency; and WHEREAS, the City Council wants to ratify its decision of July 13, 2009 and memorialize it in this Resolution; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The City Council ratifies its decision of July 13, 2009 that water services should be extended outside city boundaries based upon a public health emergency existing in the water distribution the Shalimar, Draiftwood, and Chateau Ranchettes because of the non -viability of these water systems due to non-compliance with the EPA requirements for arsenic. Section 2. The City Council finds that it is in the public interest that water services should be extended outside city boundaries because the City has secured a $2.8 million dollar American Recovery and Reinvestment Act (ARRA) grant with no local match to expand the City water system and to upgrade the non-viable water systems. Section 3. The City Council further finds that the ARRA grant will be administered by the Oregon Economic and Community Development Department and that the City will enter into an Intergovernmental Agreement (IGA) regarding the grant program. Section 4. The City Council further finds that, consistent with existing City requirements, all water users located outside of the City boundaries shall be billed at a rate of 1.5 times the current rate for residents within the City of Woodburn. Page 1 - Council Bill No. 2795 Resolution No. 1944 Section 5. The City Council's decision to extend water services outside City boundaries in this situation is specific to the facts and circumstances of this case and is justified and explained by the Staff Report dated July 13, 2009, which is attached to this Resolution as Exhibit "A." Approved as to form: City Attorney Approve Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Thant City Recorder City of Woodburn, Oregon Page 2 - Council Bill No. 2795 Resolution No. 1944 July 30, 2009 July 30, 2009 July 30, 2009