Item 5: Ordinance Concerning the Transition of Annexation Procedures

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ATTACHMENT A 12/10/07 – V-7 feet), adoption of standards for determining when a hearing will be held. In response to Councilor comments, See “Options 2 and 3,” included in this 11/19/07 Council packet as possible revisions. 9.7820(2) - process for those annexation applications that require a hearing per ORS 222.170 and for those applications that Council refers to a hearing under 9.7820(1). The procedural requirements set out in the draft are basically the minimum allowed by state law. Council has discretion to require higher level of notice, hearing or other procedures. Planning Commission recommends notice be increased to 30 days (instead of 14 days). 9.7820(2)(d) - Language has been added to require at least one of the public places be in the neighborhood of the area proposed for annexation at Planning Commission’s request. 9.7820(3) – language carried over from existing code provisions describing city zones to be applied to annexed land, with updates to Table. See existing EC 9.7810.] 9.7825 Annexation – Approval Criteria. The city council shall approve, modify and approve, or deny a proposed annexation based on the application’s consistency with the following: (1) The land proposed to be annexed is within the city’s urban growth boundary and is: (a) Contiguous to the city limits; or (b) Separated from the city only by a public right of way or a stream, bay, lake or other body of water. (2) The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans. (3) The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services, as defined in the Metro Plan, can be provided in an orderly, efficient, and timely manner. This section establishes the criteria which shall serve as the basis for the City Council’s [Comment: decision on each annexation request. EC 9.7825(1)(a)&(b) are required by state law (ORS 222.111); Council may not substantively change or remove these two approval criteria. For consistency with adopted Council policies, 9.7825(2) is taken from Council Resolution 4358 (10/31/07 Council packet, page 39) and from Metro Plan Growth Management Policy 8.b. 9.7825(3) is taken from Metro Plan Policy 8.a. Council could change its policy direction with respect to these two criteria and/or add criteria.] 9.7830 Annexation – Effective Date and Notice of Approved Annexation. (1) Effective Date. The effective date of an approved annexation shall be set in accordance with state law. (2) Notice of Approved Annexation. (a) Not later than 10 working days after the passage of a resolution approving an annexation, the city shall: 1. Send by certified mail a notice to public utilities (as defined in ORS 757.005), electric cooperatives and telecommunications carriers (as defined in ORS 133.721) operating within the city. The notice shall include: Ordinance - 8