Item 1: Ordinance Concerning the Transition of Annexation Procedures

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ATTACHMENT A 11/19/07 – V-6 application for extra-territorial extension of water or sewer service shall include the following: (1) A list of all tax lots proposed to be served, including street addresses; (2) The proposed number of service connections and their locations; (3) A written narrative addressing the proposal’s consistency with the approval criteria in EC 9.8121. Neither state law or existing city policies prescribe what materials an applicant must [Comment: submit. The items listed in 9.8119 are those that staff believes necessary to evaluate an application based on the criteria at 9.8121. If Council believes additional materials are needed to address the approval criteria, additional requirements may be added.] 9.8121 Extra-Territorial Extension of Water or Sewer Service – Approval Criteria. The planning director shall consider an application for extra-territorial extension of water or sewer service in accordance with the Type II application procedures contained in EC 9.7200 through 9.7230. The planning director shall approve, approve with conditions, or deny the application based on compliance with the following criteria: (1) The property proposed for service is located within the city’s urban growth boundary, is located within the property boundaries of the Mahlon Sweet Airport, or, for purposes of water extension only, Lane Community College; (2) Annexation of the property proposed to be served is currently not possible due to the inability to meet the criteria for annexation as set forth in EC 9.7825; (3) The applicant has entered into an annexation agreement pertaining to the property proposed to be served or will enter into an annexation agreement as a condition of approval; (4) The property proposed for service is not vacant; (5) The provision of service will not prolong uses which are nonconforming uses under the Eugene Code, 1971; (6) In the case of an application for extension of water service, the property to be served is connected with an approved means of sewage disposal; (7) The proposed extension is consistent with adopted resolutions, policies, plans and ordinances concerning extra-territorial extensions; and (8) Even if a proposed extension is inconsistent with the criteria above, the city may approve an extra-territorial extension of water or sewer service: (a) Where a communicable disease hazard exists and the extension is the only practical remedy; or (b) To property within a dissolved water district within which EWEB is providing service to some properties. This section establishes the criteria which the City will use as the basis for rendering [Comment: decisions for extra-territorial extensions. To ensure consistency with adopted Council policies, the approval criteria in 9.8121 are taken from Council Resolution 2643 (10/31/07 Council packet, pages 43-47), and Metro Plan Growth Management policies 21 and 22. In the past, those policies informed whether the City would recommend approval to the Boundary Commission. Council could change its policy direction with respect to these criteria and/or add criteria.] Ordinance - 11