AN ORDINANCE COMPLYING WITH THE MITIGATION MEASURES REQUIRED BY RURAL ECONOMIC AND COMMUNITY DEVELOPMENT FOR COMPLETING THE SEWER RENOVATION PROJECT, REPEALING ORDINANCE O-423, AND DECLARING AN EMERGENCY.

THE CITY OF YAMHILL ORDAINS AS FOLLOWS:

SECTION 1. Pursuant to paragraph 34 of the Rural Economic and Community Development Letter of Conditions dated April 5, 1995, the City of Yamhill agrees to comply with such requirements imposed by RECD which include the following:

(a.) The City of Yamhill has adopted a flood plain management ordinance, which does control and/or restrict further above-ground development within the boundaries of the 100-year floodplain within the City's corporate limits when alternative non-floodplain sites are available.

(b.) Under the floodplain management ordinance, the City of Yamhill may not extend new sewer collection lines into flood plain areas for future development within the City's corporate limits when alternative non-floodplain sites are available. Where such sewer lines already exist in the floodplain areas, such service can continue to be provided as long as it is consistent with the City's floodplain ordinance.

(c.) The City of Yamhill hereby adopts a policy that will prohibit service to any development that would encroach upon or adversely affect any designated wetlands within the City's corporate limits. Such policy is subject to periodic review by the City.

(d.) The City of Yamhill shall inform USDA Rural Development or its successor agency before the City amends or repeals this Ordinance.

SECTION 2. Ordinance No. O-423 is hereby repealed.

SECTION 3. The Council finds it is necessary for the peace, health, and safety of the City and its citizens that this ordinance take effect immediately upon its passage and approval by the Mayor and an emergency is therefore declared to exist.

INTRODUCED AND ADOPTED by the City of Yamhill Council and signed by me in authentication of its passage this 10th day of December , 1997.