ORDINANCE NO. 09-01

AN ORDINANCE AUTHORIZING THE USE OF A PORTION OF THE PARK STREET PUBLIC RIGHT OF WAY FOR WATER SYSTEM PURPOSES

THE CITY OF SODAVILLE ORDAINS AS FOLLOWS:

Section 1. Title.

This ordinance shall be known and may be cited as the Water System Right of Way Use Ordinance.

Section 2. Statement of Purpose.

This ordinance is necessary to promote the public health, safety and welfare by providing required improvements to the City water system.

Section 3. Findings.

In enacting this Ordinance, the City Council makes the following findings:

A. Improvements to the City water system are immediately required for the public health, safety and welfare.

B. An identified portion of undeveloped public right of way, in an area generally described as "Park Street", and more particularly described in the attached Exhibit A to this Ordinance, incorporated by this reference as if set out in full, is under the control and ownership of the City of Sodaville.

C. The area above, under and across the identified portion of the Park Street undeveloped public right of way is not currently needed for public purposes as a road or street and will not be needed for public purposes other than for water system purposes for the next 99 years.

D. The use of this identified portion of undeveloped public right of way for the provision of water will not unreasonably interfere with the use of the public or utilities. Restrictions on those uses that are needed to protect the water system are reasonable under the circumstances.

E. It is in the best interest of the public to use this identified portion of undeveloped public right of way for the water system.

Section 4. Uses.

The City of Sodaville may use the identified portion of the Park Street undeveloped public right of way, as described in Exhibit A to this Ordinance, as is reasonably needed to improve the City water system. Any use of the property reasonably needed to provide access, services, construction, excavation, drilling storage of materials, security, or any other use reasonably related to the City water system is permitted.

Section 5. Interference.

No person may interfere with, tamper with, or damage in any manner, the City of Sodaville water system facilities and activities on the identified portion of the Park Street undeveloped public right of way.

Section 6. Term.

The City of Sodaville is hereby authorized to use the identified portion of the Park Street undeveloped public right of way, without vacating the public right of way, for water system purposes for a period no greater than 99 year. Should the time period for this purpose need to be altered or extended at some future time, the City of Sodaville may consider an alteration or extension through the amendment of this ordinance.

Section 7. Emergency.

As this ordinance is necessary for the immediate preservation of the public health, safety and welfare of the City of Sodaville, an emergency is hereby declared to exist; and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor.

Passed by the Council and approved by the Mayor this 14th day of April, 2009.

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Mayor

ATTEST:

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City Administrator