| Background: |
In a letter dated March 15, 2004 (attached), Mrs. Gessler requested that
the City provide water and sewer services to her home at 295 Mistletoe Road
(391E14D - Taxlot 1400). The property is located just outside the City limits
and is contiguous to the present City limits on the north and west sides
and is within the Urban Growth Boundary. The single family residence, constructed
prior to 1973, has been certified to have a failing septic system and a test
of the water well by Neilson Research Corporation has indicated a failing
test sample with the presence of fecal coliforms / E. coli. (letter and test
results attached).
The property is located just east of Bellview School and within the Hamilton
Creek drainage. The possibility of additional contamination entering the
creek is very possible if the septic failure is not addressed soon. Water
and sewer mains are located within Mistletoe Road and a sewer lateral was
installed for this lot when the main was constructed several years ago. The
water main is located within the south shoulder of the street and can be
accessed with little or no pavement cutting.
SEWER - Ashland Municipal Code Section 14.08.030, Connection -
Outside City, Inside Urban Growth Boundary (Amended Ord 2861, 2000) An
occupied dwelling or building located outside the City of Ashland and inside
the urban growth boundary may be connected to the sewer system when such
connection is determined by the Ashland City Council to be in the best interest
of the City of Ashland and to not be detrimental to the City's sewerage
facilities. Such connection shall be made only upon the following conditions:
A. |
The applicant for sewer service pays the sewer connection fee and the
systems development charges established by the City Council. The applicant
has been advised of the estimated costs for this connection and is prepared
to pay the water connection fee of $1,234, sewer connection fee of $1,610
and SDCs estimated at $2656. Applicant will defer SDCs under the Affordable
Housing Program. |
| B. |
In the event a dwelling or building connected to the sewer system is
subsequently replaced for any reason, then the replacement dwelling or building
may [continue to be] connected to the sewer system of the City as long as
the use of the sewer system will not be increased as determined by the Director
of Public Works. The applicant has been advised of this requirement.
Successful annexation will not have this requirement attached. |
| C. |
The applicant shall be responsible for the full cost of extending the
City of Ashland sewer main or line to the property for which sewer service
is being requested. Sewer mains are in place along the property and laterals
have been extended beyond the pavement edge. |
| D. |
The applicant shall secure, in writing, statements from Jackson County
that the existing sewage system has failed and that the provision of sewer
by the City of Ashland does not conflict with the Jackson County Comprehensive
Plan, support documents, rules, or regulations. The County has issued
a specific written statement that the current septic system has failed. |
| E. |
The applicant furnish to the City a consent to the annexation of the
land, signed by the owners of record and notarized so that it may be recorded
by the City and binding on future owners of the land. The property owner
has signed consent to annexation. |
| F. |
The applicant shall provide for the payment to the City by the owners,
at the time of annexation, an amount equal to the current assessment for
liabilities and indebtedness previously contracted by a public service district,
such as Jackson County Fire District No. 5, multiplied by the number of years
remaining on such indebtedness, so that the land may be withdrawn from such
public service districts in accord with ORS 222.520 and at no present or
future expense to the City. The applicant will be advised of this
requirement. |
| G. |
The owner shall execute a deed restriction preventing the partitioning
or subdivision of the land prior to annexation to the City. The applicant
has signed a deed restriction. |
| H. |
That the land is within the Urban Growth Boundary. The property is
within the UGB. |
(Ord 2704, 1993; Ord 2861, 2000)
WATER - City Resolution 97-27 (attached) permits water to be supplied
outside the City limits. Within Section 2, one of the three provisions must
be met. In this case, item C is the only fit.
SECTION 2. Premises outside the city may be connected to the city
water system only as follows:
A. Connections authorized by the council prior to the date of this resolution.
[June 17, 1997]
B. Connections authorized by the council for city or other governmental
facilities.
C. Connections authorized by resolution of the council where the council
finds:
|
1. |
The connection is determined to be in the best interest of the City of
Ashland and to not be detrimental to the City's water facilities or resources.
Staff recommends connection of this property. |
|
2. |
The applicant secures, in writing, a statement from the Environmental
Health Division, Health Department, Jackson County, Oregon, that the existing
water system for the premises has failed. Staff will insure proper documentation
is provided prior to the start of the water connection. |
|
3. |
The failed water system cannot be feasibly repaired or improved and there
is no other feasible source of water for the premises. Failing septic systems
at this property and adjacent properties have likely contaminated the surrounding
well site. Deeper wells could be sought, but contamination is unknown. Hauling
water to the site is an option. Staff recommends connection to the city's
water system. |
|
4. |
An Ashland water main or line exists within 100 feet of the premises.
The City's water main is 20 feet from the property and 125 feet from the
residence. |
|
5. |
The connection is to premises within the city's urban growth boundary.
The property is within the UGB. |
SECTION 3. Connections authorized under section 2.C of this resolution
shall be made only upon the following conditions:
| A. |
The applicant for water service pays the water connection fee for connections
outside the city and the systems development charges established by the City.
The applicant has been advised of the estimated costs for this connection
and is prepared to pay the water connection fee of $1,234, sewer connection
fee of $1,610 and SDCs estimated at $2656. Applicant will defer the SDC fees
under the affordable housing program. |
| B. |
In the event dwellings or buildings connected to the water system are
subsequently replaced for any reason, then the replacement building or dwelling
may continue to be connected to the water system of the City as long as the
use of the water system will not be increased as determined by the Director
of Public Works. The applicant has been advised of this requirement. Successful
annexation will not have this requirement attached. |
| C. |
The applicant furnish to the City a consent to the annexation of the
premises and a deed restriction preventing the partitioning or subdivision
of the land prior to annexation to the City, signed by the owners of record
and notarized so that it may be recorded by the City and binding on future
owners of the premises. The cost of recording the deed restriction shall
be paid by the property owner. The property owner has signed consent to
annexation and a deed restriction. |
| D. |
The property owner shall execute a contract with the City of Ashland
which provides for: payment of all charges connected with the provision of
water service to the property; compliance with all ordinances of the city
related to water service and use; termination of service for failure to comply
with such ordinances and that failure to pay for charges when due shall
automatically become a lien upon the property. A memorandum of the contract
shall be recorded in the county deed records with the cost of recording to
be paid by the property owner. The applicant has been advised that he will
incur these costs. |
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