Ord 2459 - Extend Water ServicesCOUNCIL BILL NO. 2794
ORDINANCE NO. 2459
AN ORDINANCE CLARIFYING THE CITY COUNCIL'S AUTHORITY UNDER
ORDINANCE 2401 TO PROVIDE WATER AND/OR SEWER SERVICES OUTSIDE
CITY BOUNDARIES IN THE CASE OF A PUBLIC EMERGENCY AND DECLARING
AN EMERGENCY
WHEREAS, the City Council considers the ability to provide municipal services
outside City boundaries to address a public emergency to be necessary and beneficial;
and
WHEREAS, the City Council by Ordinance 2405 established a policy that it
would not extend water and sanitary sewer services outside City boundaries except as
provided by that ordinance; and
WHEREAS, the City Council did not include within Ordinance 2405 any provision
to address a public emergency; and
WHEREAS, the City Council believes that the inclusion of a public emergency
provision is necessary so that it is clear that the City Council has the discretional
authority to intervene and correct public emergencies by supplying water and/or sewer
services outside the corporate boundaries of the City where it determines that this is in
the public's best interest; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
SECTION 1. Declaration of Intent The City Council intends to clarify
Ordinance 2405 to specifically address its authority to provide municipal water or
sanitary services outside of City boundaries in specific instances where it determines
that there is a need to address a public emergency.
SECTION 2. Amendment Section 5 of Ordinance 2405 is amended to read as
follows:
Notwithstanding Section 2 above and consistent with state law, 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 it makes a policy
determination in a specific instance that it is in the interests of the City to
provide these services.
SECTION 3. Emergency Clause This Ordinance being necessary for the
immediate preservation of the public peace, health and safety for the reason that the
City has received a $2.8 million dollar grant and that the City Council has determined
COUNCIL BILL NO. 2794
ORDINANCE NO. 2459
that out of City water should be provided to an unincorporated development in Marion
County and it is important that Ordinance 2405 be immediately clarified, an emergency
is declared to exist and this Ordinance shall take effect immediately upon passage by
the Council and approval by the Mayor.
Approved as to form:
City Attorney/ - Date
Approved: / \
i
Kathn Figlo, Mor
Passed by Council
Submitted to the Mayor
Approved by the Mayor
Filed in the office of the Recorder
Attest:
Mary Tennant, City Recorder
City of Woodburn, Oregon
COUNCIL BILL NO. 2794
ORDINANCE NO. 2459
July 21; 'Z9
July 30, 2009
July 30, 2009
July 30, 2009