05/24/1978 Meeting - Laserfiche WebLink

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- -- Stan Long, City Attorney, reviewed the issue. The contract in 1960 indicated EWEB would take over water services. In 1973, the Boundary Commission statutes were amended to require that the City cannot extend water ,lines extraterritorily. EWEB has a contract that says it will do just that. The Boundary Commission claimed it could not. The question arose whether the applicant had to go to the Boundary Commission or to EWEB to seek water services. Boundary Commission argued it superseded EWEB; EWEB and the City argued it would abide by the contract. The court decision said the City and EWEB should abide by the contract. Staff was suggesting seeking a supreme court ruling to decide the conflicting policies that carne out of that decision. The plaintiff is the Lane County Boundary Commission and defendents are EWES and the City. The plaintiff is asking the court to order no water hookups in sites in the old Bethel area without Boundary Commis- sion approval. EWEB argued it had a contract and felt it should abide by that contract. The City is arguing it has a contract and a water policy which are at odds, and wishes the court to give clarification so it will not breach the contract or violate State law. e Mr. Lieuallen said the water and sewer extensions were critical to City control of the boundary extensions. He did not want to lose that control and felt Council had a responsibility to be involved. Mr. Obie was concerned regarding the moral and legal obligations created by the initial contract. Mr. Delay felt the situation was not a yes or no issue, but more a land-use planning question. It was more an issue of not denying access to water usage and making use of that service consistent with public policies. Ms. Smith moved, seconded by Mr. Delay, to authorize staff to file the appeal for clarification. Mr. Obie requested a written brief be provided to Council and dis- cussion at one more Council meeting before the filing. Mr. Long said this was an extremely unusual situation in that the City tech- nically won the case. The City is not really in a position to appeal. The Attorney General is, and is anxious to do so, if the City provides some support. He said once authorization to proceed is given by Council, there would not be much opportunity to stop the procedure. Vote was taken on the motion which carried unanimously. E. Introductions--Manager introduced, from Visalia, California: Ted Gaebler, Manager; Greg Dowds, Planning Director; and Ken Davenport, Pub 1 i c Works Di rector. - 5/24/78--3 3"