Res 1720 - Food Service of Am
COUNCIL BILL NO. 2450
RESOLUTION NO. 1720
A RESOLUTION AUTHORIZING THE PROVISION OF FIRE PROTECTION
WATER AND SANITARY SEWER SERVICES TO FOOD SERVICES OF AMERICA,
INC. PENDING ANNEXATION.
WHEREAS, It is the policy of the Woodburn City Council that all properties
receiving City water and sanitary sewer services shall be annexed to the City; and
WHEREAS, Food Services of America, Inc. purchased property outside City
limits but inside the urban growth boundary; and
WHEREAS, Food Services of America, Inc. requested that the City provide Fire
protection water and sanitary sewer services to its property; and
WHEREAS, Food Services of America, Inc. agreed to seek annexation of its
property to the City; and
WHEREAS, the City Council of the City of Woodburn determined it is in the
best interests of the City and the local economy to provide fire protection water and
sanitary sewer services to Food Services of America, Inc. while an annexation request is
being processed; and
WHEREAS, on October 28, 2002, the City Council adopted Resolution No. 1703
authorizing the provision of fire protection water and sanitary sewer services to Food
Services of America, Inc. pending annexation; and
WHEREAS, the City Council determined it was also in the best interest of the
City to limit the period of time that fire protection and sanitary sewer service will be
provided, pending annexation, to six months; and
WHEREAS, Food Services of America, Inc. was not able to complete annexation
within the six-month period granted by the Council on October 28, 2002, but will be
able to complete annexation within an additional three months, NOW THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The City may continue to provide fire protection water and sanitary
sewer services to Food Services of America, Inc. pending annexation.
Page 1 - Council Bill No. 2450
Resolution No. 1720
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Section 2. Unless annexation is competed, the City shall cease to provide such
services no later than three (3) months following the date this resolution is
executed.
Approved as to form:
C)j. 0<r /K)
City Attorney
.5-Cj- 200.5
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Passed by the Council May 12, 2003
Submitted to the Mayor May 14, 2003
Approved by the Mayor May 14. 2003
Filed in the Office of the Recorder
May 14, 2003
ATTFST: fYl~---J
Mary Te t CIty Recorder
City of Woodburn, Oregon
Page 2 - Council Bill No. 2450
Resolution No. 1720
ATTACHMENT (:}
P8ge --L of ;t
October 28, 2002
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council
John C. Brown, City Administrator
Water and Sanitary Sewer Service for Food Services of America
Recommendation:
Adopt the attached resolution, authorizing the provision of water and sanitary
sewer services to Food Services of America, Inc., pending an annexation.
Background:
The AgriFrozen property in the southeasterly quadrant of the City's urban
growth Boundary, and immediately outside city limits, was subdivided last year
and a portion was sold to Food Services of America, Inc. (FSA). The property is
not in City limits, but the City supplied fire protection water, domestic water,
and sanitary sewer service to a succession of businesses at the location until the
property was vacated in 2001. There are no valid agreements to provide services
to the property.
Discussion:
It is Council policy that city services shall not be provided to properties outside
City limits, and that if such a property is to receive services, it must annex. A
smattering of properties in the urban growth boundary currently enjoy those
services without having annexed, but they have historically received the services
in an unbroken chain of use. Under current policy, as is being applied to FSA
and the remainder of the former AgriFrozen plant, such properties will be
required to annex if the chain of use is broken.
Last year, FSA was informed of this policy. In January 2002, FSA requested the
City to provide services to its facility and voluntarily agreed to annex to acquire
the services permanently (Attachment 1). Although FSA agreed to contractually
obligate itself to this arrangement through a development agreement, no
agreement has been presented to the City.
FSA recently received a temporary occupancy permit, and indicates the intention
to commence operations by December 1, 2002. FSA has assured City staff that it
will seek the requisite annexation, and was provided application materials and
guidance for seeking an annexation last week.
,... ~-_.
Honorable Mayor and City Council
October 28,2002
Page 2.
ATTACHMENT A
Page~of~
To authorize the provision of services to the property and allow FSA to
commence operations during the period an annexation request is being
processed, it is recommended your Council adopt the attached resolution. The
resolution states the Council's intent regarding the provision of services outside
city limits, authorizes water and sanitary sewer service to the property pending
an annexation, and limits the provision of services pending annexation to a
period of six months. It is estimated the annexation will require approximately
four to five months to process, through approval.
ICB