HomeMy WebLinkAboutCouncil Resolutions 1888RESOLUTION NO. ______
A RESOLUTION APPROVING A FIVE-YEAR EXTENSION OF THE WHOLESALE
WATER SERVICE AGREEMENT BETWEEN THE CITY OF CENTRAL POINT AND
THE MEDFORD WATER COMMISSION AND AUTHORIZING THE MAYOR TO
EXECUTE THE LETTER OF AGREEMENT
RECITALS:
1. The City of Central Point purchases wholesale water service from the City of Medford,
acting by and through its Board of Water Commissioners (the Medford Water
Commission), under a Wholesale Water Service Agreement effective October 1,
2016, approved by the Council under Resolution No. 1474; and
2. Article 9 of the Agreement provides an initial five-year term with three additional five-
year extensions running through October of 2026, 2031 and 2036, on the same terms
and conditions; and
3. The first five-year extension was executed by Letter of Agreement dated October 29,
2021, extending the term to October 1, 2026; and
4. By Letter of Agreement dated July 27, 2026, the General Manager of the Medford
Water Commission has offered to extend the Agreement an additional five years at
current terms and conditions, with the extended Agreement expiring October 1, 2031;
and
5. The City does not operate a surface water treatment facility and relies on the Medford
Water Commission for treated water supply and for treatment and transport of water
appropriated under the City's own water rights, and continuity of that service is
essential to the public health, safety and welfare of the City's water customers; and
6. The Medford Water Commission is currently reviewing the City's allowable water
volumes under Article 1 of the Agreement, and any change to those allowances
would require a written amendment executed by both parties and returned to the
Council for approval; and
7. On September 8, 2026, the City transmitted a memorandum to the General Manager
of the Medford Water Commission requesting that the Commission consider, at its
next review of service policy under Commission Resolution No. 1058, whether
conditioned domestic water connections should be available to properties within the
Docusign Envelope ID: 48ED37E9-4065-81D8-818A-07100E1636E7
1888
Resolution No. 1888; Council Meeting 9/24/2026 Page 2
City's urban reserve areas where a documented public health hazard exists, and the
Council wishes that memorandum to be made part of the record of this action; and
8. Article 5 of the Agreement requires the City to promptly notify the Commission and
provide a revised service map as city limits and urban growth boundaries are
modified; and
9. The Council finds that extending the Agreement for an additional five-year term is in
the best interest of the City and its water customers;
NOW, THEREFORE, THE CITY OF CENTRAL POINT RESOLVES AS FOLLOWS:
Section 1. Approval of Extension. The five-year extension of the Wholesale Water
Service Agreement between the City of Central Point and the City of Medford, acting by
and through its Board of Water Commissioners, as set forth in the Letter of Agreement
dated July 27, 2026 and attached as Exhibit A, is approved. The extended Agreement
expires October 1, 2031. All terms and conditions of the Wholesale Water Service
Agreement effective October 1, 2016 remain in full force and effect.
Section 2. Authorization to Execute. The Mayor is authorized to execute the Letter of
Agreement on behalf of the City, and the City Manager is authorized to take such further
actions as are necessary to give effect to this Resolution.
Section 3. Record of Related Matters. The Council receives into the record of this action
the memorandum dated September 8, 2026 to the General Manager of the Medford
Water Commission concerning limited domestic water connections within the City's urban
reserve areas, attached as Exhibit B. Nothing in this Resolution commits the Medford
Water Commission to any action on that request, and any resulting change to the service
area provisions of the Agreement shall be presented to the Council as a separate
amendment.
Section 4. Direction to Staff. Staff is directed to (a) transmit to the Medford Water
Commission a current map of the City's city limits and urban growth boundary in
satisfaction of Article 5 of the Agreement; (b) continue to participate in the Commission's
review of the City's water volume allowances under Article 1 and report the results of that
review to the Council; and (c) return to the Council for approval any proposed amendment
to the Agreement.
Section 5. Effective Date. This Resolution takes effect immediately upon passage.
Docusign Envelope ID: 48ED37E9-4065-81D8-818A-07100E1636E7
Resolution No. 1888; Council Meeting 9/24/2026 Page 3
Passed by the Council and signed by me in authentication of its passage this 26th day
of September, 2026.
_________________________________
Mayor Taneea Browning
ATTEST:
City Recorder
Exhibit A — Letter of Agreement to Extend Wholesale Water Service Agreement, dated
July 27, 2026
Exhibit B — Memorandum to Medford Water Commission, Limited Domestic Water
Connections Within Central Point's Urban Reserve, dated September 8, 2026
Docusign Envelope ID: 48ED37E9-4065-81D8-818A-07100E1636E7
Docusign Envelope ID: 48ED37E9-4065-81D8-818A-07100E1636E7
9/25/2026
MEMORANDUM
City of Central Point, Oregon September 8, 2026
Office of the City Manager · City of Central Point, Oregon Page 1
TO:
FROM:
DATE:
Brad Taylor, General Manager
Medford Water Commission
Chris Clayton, City Manager; Stephanie Powers,
Planning Director City of Central Point, Oregon
September 8, 2026
SUBJECT:Limited Domestic Water Connections Within Central Point’s Urban Reserve — Request
for Consideration at the Next Review of Service Policy Under Resolution 1058
Purpose
Central Point is asking the Commission to take up one narrow item the next time the Board
reviews service policy under Resolution 1058: whether conditioned domestic water
connections should again be available to properties inside Central Point’s urban reserve
areas where a documented public health hazard exists.
This is a request to restore a practice the Board itself permitted until the 2016 amendment to
Resolution 1058 — not to create a new one — and to restore it under materially tighter
conditions than applied before 2016.
We are not asking for action today, and we are not asking staff to commit to a position. We
are asking that the item be placed on the review agenda with enough lead time for
Commission staff to work through it, and that you tell us what verification and data the Board
would want in front of it before considering such a change.
The Situation
Properties in several locations within Central Point’s urban reserve areas — outside the
urban growth boundary, on County rural zoning — have domestic wells that have failed,
tested above health-based contaminant levels, or dropped below a usable production rate.
Some households are relying on hauled water for basic sanitation. These are not
concentrated in one place; they occur in scattered pockets across the reserve areas, which
is one reason a general policy is a better fit than case-by-case requests.
A meaningful share of the affected properties has direct frontage on water infrastructure that
is already in the ground — the transmission line serving the Little League fields in CP-6B is
one example, but not the only one. For those lots the main is already at the property line and
no extension of the system would be required to serve them. That set is inherently bounded:
it can be no larger than the number of developed parcels abutting existing lines, and
eligibility narrows it further to those with a documented well failure. Central Point has not
completed the parcel-level inventory and will not have final figures before we meet, but we
Docusign Envelope ID: 48ED37E9-4065-81D8-818A-07100E1636E7
Memorandum to Medford Water Commission — Urban Reserve Water Service
Office of the City Manager · City of Central Point, Oregon Page 2
will have the count, the ERU total, and an estimated daily demand in front of the Board
before it is asked to consider any change.
Central Point can provide a map showing the reserve areas, the existing infrastructure, and
the affected properties. If that would be useful to Commission staff or to the Board, tell us the
scale and detail you want and we will prepare it.
Prior Board Policy and the 2016 Amendment
We think the most relevant precedent for this request is the Commission’s own. Prior to the
2016 amendment to Resolution 1058, Board policy permitted connections of this kind. The
restriction now in place is the product of that amendment, not of a state mandate and not of a
change in the underlying land use rules — OAR 660-011-0065 has been in effect since
1998, and the operative language of OAR 660-021-0040(6) predates 2016 as well.
That history matters in two ways. First, it establishes that the Board has already concluded,
at least once, that such connections could be furnished consistently with its obligations.
Second, it supplies an evidentiary record: whatever concerns motivated the 2016 change
can be tested against what actually occurred during the years the prior policy was in effect.
We would welcome the Commission’s account of the reasoning behind the 2016
amendment, and if there were specific problems the change was meant to solve, we would
rather design around them than relitigate them.
What we are proposing is narrower than the pre-2016 policy in every direction we are aware
of: eligibility limited to documented health hazards rather than available on request, a hard
one-ERU capacity cap, recorded density covenants, and independent enforcement rights
held by the Commission.
What the State Land Use Rules Provide
Because the question is sometimes framed as one of state land use compliance, our
Planning Director reviewed the applicable rules. They do not appear to prohibit the
connection. We set out the relevant provisions below so the Commission can evaluate the
language directly rather than rely on our characterization of it.
OAR 660-011-0065 — Water Service to Rural Lands. This rule contemplates that water
systems will extend to lands outside an urban growth boundary. What it prohibits is a land
use consequence: local regulations may not allow an increase in base residential density,
a higher density than would otherwise be authorized, or any density increase attributable
to the presence, establishment, or extension of a water system. The rule constrains the
zoning outcome, not the pipe.
Docusign Envelope ID: 48ED37E9-4065-81D8-818A-07100E1636E7
Memorandum to Medford Water Commission — Urban Reserve Water Service
Office of the City Manager · City of Central Point, Oregon Page 3
OAR 660-021-0040(3) — requires that land use regulations prohibit zone amendments
allowing more intensive uses, including higher residential density, within urban reserves
until the land is brought into a UGB.
OAR 660-021-0040(2)(d) — expressly identifies written waivers of remonstrance against
annexation to a provider of sewer, water, or streets as an accepted urban reserve
management tool.
OAR 660-021-0040(6) — the provision most directly on point. It contains two sentences
that must be read together:
“Cities and counties are authorized to plan for the eventual provision of urban public
facilities and services to urban reserves. However, this division is not intended to
authorize urban levels of development or services in urban reserves prior to their
inclusion in the urban growth boundary. This division is not intended to prevent any
planning for, installation of, or connection to public facilities or services in urban reserves
consistent with the statewide planning goals and with acknowledged comprehensive
plans and land use regulations in effect on the applicable date of this division.”
Central Point’s reading is that the rule draws a line between the physical connection, which it
does not prevent, and the urban level of development or service, which it does not authorize.
A single-family domestic hookup to an existing main, capped at one equivalent residential
unit and carrying a recorded prohibition on any density gain, is on the permitted side of that
line. We recognize the Commission may read it differently, and the first sentence of the
subsection is the one your counsel will focus on. That is a fair argument and we would rather
have it in the open.
Why We Believe This Is a Policy Question for the Board
If the state rules do not foreclose the connection, then the constraint is contractual and
discretionary rather than legal. The 2016 amendment points to the same conclusion: a policy
the Board adopted and later changed is, by definition, a policy the Board controls. We raise
that observation as the reason the item belongs in a service policy review, not as a criticism
of the Commission’s current position.
The Medford Charter grants the Board authority to furnish water service to users both within
and without the city on such terms and conditions as the Board determines to be in the best
interests of the city. That is broad discretion. It means the Board is free to say no on policy
grounds — but also free to say yes, on conditions of its own design, without waiting on a
UGB amendment.
Proposed Framework
Docusign Envelope ID: 48ED37E9-4065-81D8-818A-07100E1636E7
Memorandum to Medford Water Commission — Urban Reserve Water Service
Office of the City Manager · City of Central Point, Oregon Page 4
The framework below is offered as a starting point and is entirely subject to Commission
revision. It is built on one organizing principle: the administrative burden, the verification
work, and the enforcement exposure sit with Central Point, while the Commission retains
independent authority to stop anything it does not want.
Phase Scope Approval Path
Phase 1 Tax lots anywhere in the urban
reserve areas with direct frontage on
existing water infrastructure. Tap only;
no extension of the main.
Administrative approval by the City after
health-hazard verification; recorded encumbrances
delivered to the Commission before activation.
Phase 2 Non-frontage properties in the urban
reserve areas with verified well failure
where a short lateral extension would
be required.
Verified health cluster compiled by the City,
confirmed by Council resolution, then affirmative
approval by the Board of Water Commissioners. No
extension without your vote.
Every connection under either phase would carry the following controls:
Control Mechanism Effect for Medford Water
Health-hazard
gate
Lab results above OHA or EPA
maximum contaminant levels, or well
failure certified by a licensed Oregon
driller, hydrogeologist, or professional
engineer.
No hardship claims and no convenience
connections. Eligibility is evidentiary, not
discretionary.
Capacity cap One ¾-inch domestic meter per tax lot,
capped at one ERU, domestic
residential use only.
No commercial, industrial, or high-volume
agricultural draw. Demand is bounded and
predictable.
Density
covenant
Recorded covenant replicating OAR
660-011-0065(2) and 660-021-0040(3);
bars subdivision, partition, and ADU
connections while outside the UGB.
The connection cannot be used as
evidence supporting a density increase,
which is the outcome the state rules protect
against.
Consent to
annexation
Irrevocable consent and waiver of
remonstrance recorded against title, per
OAR 660-021-0040(2)(d).
Every connection becomes an in-city
customer automatically on UGB inclusion,
with consent already in hand.
Independent
enforcement
Medford Water named as an intended
third-party beneficiary of the covenant,
with standing to enforce and to
terminate service after notice.
The Commission is never dependent on
Central Point choosing to act on a violation.
Docusign Envelope ID: 48ED37E9-4065-81D8-818A-07100E1636E7
Memorandum to Medford Water Commission — Urban Reserve Water Service
Office of the City Manager · City of Central Point, Oregon Page 5
Concerns We Expect — and Our Response
We would rather name these than have them surface after the Board has already formed a
view.
Precedent. If Central Point obtains an addendum, other cities served by the Commission
will ask. We think that is true and we are not going to argue otherwise — which is why we
would support a system-wide policy rather than a Central Point-specific addendum, and
would help develop one. It is also worth noting that the pre-2016 policy applied generally
and the Commission has direct experience with how that worked in practice. Beyond that,
the health-hazard gate is our answer: it is narrow, it is evidence-based, and it cannot be
used as a growth tool, because a documented well failure is a condition no developer can
manufacture.
Supply planning. These connections are not in a demand forecast built on UGB-based
growth. We would like to understand what incremental volume, if any, is small enough to
be immaterial to the Commission’s planning, and we commit to sizing the eligible set
before the Board is asked to act, so that it votes on a number rather than a concept. If
Commission staff would rather define the methodology for that estimate than react to
ours, we will use yours.
Ratepayer equity. Connections would pay standard system development charges and
standard outside-city rates. We are not asking the Commission’s ratepayers to subsidize
rural service.
Administrative burden. Central Point compiles the health record, verifies the
documentation, records the encumbrances, and carries the enforcement obligation. What
the Commission receives is a completed file and independent rights it can exercise at its
discretion.
What We Are Asking For
That this item be placed on the agenda for the Commission’s next review of service policy
under Resolution 1058.
That Commission staff share the record behind the 2016 amendment — the concerns it
was meant to address and any experience under the prior policy that informed it. If the
change was made to solve a real problem, we would rather build the fix into our proposal
than argue past it.
That Commission staff tell us what evidence, volume analysis, mapping, or legal review
the Board would want assembled in advance, so the item arrives complete rather than in
pieces.
Docusign Envelope ID: 48ED37E9-4065-81D8-818A-07100E1636E7
Memorandum to Medford Water Commission — Urban Reserve Water Service
Office of the City Manager · City of Central Point, Oregon Page 6
A staff-level conversation before the review, so that objections can shape the proposal
rather than defeat it.
Draft addendum, covenant, and verification protocol language, along with mapping of the
affected areas, is available on request. Any amendment to the parties’ water service
agreement would of course be subject to review by counsel for both the City and the
Commission and to approval by both governing bodies.
I would welcome the chance to discuss this with you directly.
Respectfully,
Chris Clayton
City Manager
City of Central Point, Oregon
(541) 664-3321, ext. 207
Docusign Envelope ID: 48ED37E9-4065-81D8-818A-07100E1636E7