Item 5: Ordinance Concerning the Transition of Annexation Procedures

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ATTACHMENT A 12/10/07 – V-7 (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 consistent with adopted city resolutions, policies, plans and ordinances: (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. Revisions since the 11/19/07 draft: Revisions to EC 9.8121(2) are to maintain existing city policy by requiring a greater justification to satisfy this criterion than “non contiguity.” Revisions to EC 9.8121(3) are to clarify that the required annexation agreements must be satisfactory to the city. Revisions to EC 9.8121(8) are to require consistency with adopted city policies, even in the case of extensions to abate communicable disease hazards or to serve areas previously served by a dissolved water district. This will more clearly allow the Council to rely on policies and ] definitions in, for example, Resolution No. 2643. Section 8. This Ordinance is intended to address the City’s increased responsibilities due to the State Legislature’s passage of SB 417 abolishing the Lane County Boundary Commission. The provisions of this Ordinance are intended to carry forward, to the extent applicable, adopted City policies regarding annexations, extra- territorial extensions, and public service district withdrawals. The legislative findings attached hereto as Exhibit A are adopted in support of this Ordinance. [Comment: Revisions since the 11/19/07 draft support the Council’s future reliance on existing policies to guide decision-making.] Ordinance - 12