ORDINANCE NO. 367

AN ORDINANCE AUTHORIZING AGREEMENTS FOR SALE OF SURPLUS CITYWATER; DIRECTING PREPARATION OF APPLICATION FORMS; APPROVINGUNIFORM WATER SALES AGREEMENTS; AND DECLARING AN EMERGENCY

The city of Yamhill ordains as follows:

Section 1: AGREEMENTS FOR SALE OF SURPLUS CITY WATER AREAUTHORIZED.
Agreements for sale by the city of any surplus water produced by the City'smunicipal water supply system and not required by the residents of the city of Yamhill maybe offered to any non-resident, interested party. Such party must first make an applicationwith the city for the purchase of water for domestic use or other purposes; and the applicationmust be approved by the City Council.

Section 2: TWO CLASSES OF PARTIES FOR WATER SALES AGREEMENTS.
There shall be two classes of parties who may apply for surplus city water. One classconsists of individual property owners hereinafter referred to as "mainline users" and the otherclass consists of water associations which are duly organized and authorized by law to operateas a public water system and are hereinafter referred to as "districts".

Section 3: APPLICATION FORMS AND AGREEMENTS ARE AUTHORIZEDTO BE PREPARED.
Copies of applications and agreements for the purchase of surplus city water shall be prepared by city staff in cooperation with the city attorney and furnished on request and without cost to any interested party. Water purchase applications and agreements will be made available at the city hall. Approval of any water purchase application must depend in part upon the applicant's verification that they will, at their own expense, connect to the city's water mainline at or between the water treatment plant and the city limits or at any other place possible for a water connection to be made at the city limits.

Section 4: NO OBLIGATION OF CITY TO MAINTAIN WATER LINES BEYOND CITY LIMITS.
The city shall not be obligated to inspect, maintain or repair any water lines other than those within the city limits and the mainline leading from the water treatment plant to the city. Each applicant granted a water purchase agreement with the city of Yamhill must maintain, inspect, and repair their own hook-up connectors and water lines servicing their property and also fully observe, adhere to, abide by and comply with all of the provisions of city Ordinance no. 348, enacted August 24, 1984, or any amendments thereof and all other rules and regulation of the city for the operation of its water department.

Section 5: WATER PURCHASE APPLICATIONS TO BE APPROVED ORDENIED BY CITY-COUNCIL
. Approval or denial of surplus water purchase applications shall be at the sole discretion of the Yamhill City Council; except, however, that all applicants shall be treated equally and fairly and approval or denial for domestic water use shall be based upon information contained in the application. Furthermore, the Yamhill City Council shall be the sole judge of (1) the availability of surplus water for sale for any purpose and (2) the water use and credit qualifications of all applicants.

Section 6: UNIFORM AGREEMENTS TO BE OFFERED.
There shall be two separate forms of agreements, one for the "mainline users" and one for the "districts". Such agreements shall be uniform in terms, charges and rates for each class of user and applied equally to all parties in the particular class. The form of agreements to be offered and copies of which will be available at city hall will have been approved by the Yamhill City Council; and each agreement signed by an applicant for water purchase must also be signed on behalf of the city by its mayor and attested by its city recorder. Changes in such agreements which may become necessary in the future for the benefit of the city and/or applicants may be made by Resolution of the City Council and a copy of any such Resolution(s) shall be attached as an addendum to the water users agreements with the city.

Section 7: SURPLUS WATER SALES AGREEMENTS PRIMARILY FOR DOMESTIC PURPOSES.
Surplus water sales agreements, unless otherwise requested, shall be made for domestic purposes only; but the Council may, in its sole discretion, approve applications for other purposes.

Section 8: EMERGENCY DECLARED.
There appears to be an urgent need by some non-resident property owners for purchase of surplus city water and in some cases, at least, the needs for domestic water is critical. Those reasons justify the city's declaration of an emergency in order to serve the requirements of those neighboring, non-resident property owners. Furthermore, additional water customers will provide more revenue for the city and help assure proper maintenance of water facilities and more income for debt retirement. Therefore, an emergency is hereby declared to exist and this ordinance shall take effect immediately upon the date of enactment.

ENACTED by vote of the Yamhill City Council this 26th day of June, 1985.