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Casino sewer deal in doubt after ruling.


Byline: Winston Ross The Register-Guard

FLORENCE - The city's deal to provide sewer SEWER. Properly a trench artificially made for the purpose of carrying water into the sea, river, or some other place of reception. Public sewers are, in general, made at the public expense. Crabb, R. P. Sec. 113.  services to the Three Rivers Three Rivers, Que., Canada: see Trois Rivières.  Casino is in jeopardy jeopardy, in law, condition of a person charged with a crime and thus in danger of punishment. At common law a defendant could be exposed to jeopardy for the same offense only once; exposing a person twice is known as

double jeopardy.
, after a ruling from the state Land Use Board of Appeals this week.

The decision may prompt the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians The Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians are also known as the Confederated Tribes of the Coos, and are a United States Bureau of Indian Affairs-recognized Native American tribal entity.  to build its own wastewater treatment system to serve planned expansions on the 100-acre Hatch Hatch may refer to: Actions and objects
  • Hatching, also called "cross-hatching", an artistic technique used to create tonal or shading effects using closely spaced parallel lines. Also it is used to create curvature and shape to drawn objects.
 Tract.

That would mean the city loses $200,000 annually - the amount the tribe tribe [Lat., tribus: the tripartite division of Romans into Latins, Sabines, and Etruscans], a social group bound by common ancestry and ties of consanguinity and affinity; a common language and territory; and characterized by a political and economic  agreed to pay to hook into Florence's wastewater treatment system. The tribe also agreed to pay $54,000 annually into a marketing fund to promote tourism.

"If the decision by the tribe is that we're going to build our own wastewater plant, the city of Florence has just lost out on $2.5 million in revenues on top of what they would normally get for sewer services over the next 10 years," said Bob Garcia, the tribe's economic development director.

The tribe has yet to decide what its next move will be, however.

Florence resident Debby Todd filed the appeal in April, claiming the city hadn't made its case in asking for an exception to state land use laws, which prevent cities from extending sewer services outside their urban growth boundaries "UGB" redirects here. UGB may also refer to Unión de Guerreros Blancos (White Warriors' Union), a death squad founded to repress leftist elements in El Salvador.

An urban growth boundary, or UGB
.

City attorneys argued that they had no jurisdiction over tribal properties and thus didn't have to analyze what the extension would be used for, said Jim Just, executive director of the Goal One Coalition, which represented Todd in the appeal.

The state sided with Todd, which means the city will have to explain why it doesn't include the casino and other planned developments on the Hatch Tract in the growth boundary, rather than asking for an exception.

"It's a real learning experience," said city manager Rodger Bennett, who said he'd have to review the decision and consult with attorneys and the tribe before deciding the next move.

"Doing it over means there are more opportunities for public participation in the decision," Todd said. "The city cuts corners, bends rules and try to skirt the public process. Hopefully they'll do it right this time."

Winston Ross can be reached at rgcoast@oregonfast.net.
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Title Annotation:General News; The decision may prompt the Indian tribe to build its own wastewater treatment system
Publication:The Register-Guard (Eugene, OR)
Date:Aug 31, 2006
Words:360
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