Item 5: Ordinance Concerning the Transition of Annexation Procedures

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ATTACHMENT A 12/10/07 – V-7 (5) Notice of Withdrawal. Not later than March 31 of the tax assessment year to which the withdrawal of land applies, the city shall mail notice to the County Assessor and Department of Revenue including the legal description of the boundary change and an accurate map showing the change, prepared consistent with ORS 308.225. This application serves as the tool to formally withdraw annexed properties from rural [Comment: service districts. The City Council currently reviews these requests. Only minimal change is proposed in response to state statutes. Per Planning Commission recommendation, 9.7835(2)(c) has been added to require a notice be mailed to the affected public service district. 9.7835 is drawn completely from numerous statutory requirements that Council may not substantively change. However, Council could include additional notice under (2) or additional criteria under (3).] Section 6. Section 9.8035 of the Eugene Code, 1971, is amended to provide: 9.8035 Annexation Application Requirements and Criteria. The provisions for processing annexation applications are found in EC 9.7800 through [9.7885] 9.7835, Annexation Application Procedures and Criteria. Section 7. The following caption, and Sections 9.8115 – 9.8121 are added to the Eugene Code, 1971, to provide: EXTRA-TERRITORIAL EXTENSION OF WATER OR SEWER SERVICE There are no governing state statutes for the following provisions, but Council policies [Comment: in Resolution 2643 (10/31/07 Council packet, pages 41-47) set out Council policies concerning extra- territorial extensions. In the past, those policies informed whether the City would recommend approval to the Boundary Commission.] 9.8115 Extra-Territorial Extension of Water or Sewer Service – Purpose. Sections 9.8115 through 9.8121 govern the approval of requests that the city extend water service or sewer service from inside the city limits to serve property located outside of the city limits. Except as specifically permitted in EC 9.8121, extensions may not go beyond the urban growth boundary. These regulations are intended to accomplish the orderly development of land within the urban growth boundary, ensure the adequate provision or public facilities and services, protect the public health and safety of the community and enable development to occur consistent with applicable provisions of the Metro Plan. Terms and criteria may be more specifically explained in adopted city resolutions concerning extra-territorial extensions. Council may revise this section without limitation. Note, however, that (per EC 9.0050) [Comment: “Purpose Sections” are intended to provide general explanatory information concerning subsequent code sections. The purpose section will not constitute an approval criterion or be used to interpret subsequent sections. Revisions since the 11/19/07 draft clarify the limited circumstances in which the city will consider requests for extra-territorial extensions and refer to Council ] resolutions, such as Resolution No. 2643, that provide greater detail as to the city’s policies. Ordinance - 10