Item 5: Ordinance Concerning the Transition of Annexation Procedures

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ATTACHMENT B 12/10/07 – V-8 providing procedures for the review of proposals to annex land to the city and the subsequent withdrawal of such land from public service districts. Based on comments from the 10/31/07 Council meeting, a reference to state laws, the [Comment: Statewide Planning Goals and the Metro Plan has been added. Council may further revise this section without limitation. Note, however, that (per EC 9.0050) “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.] 9.7805 Annexation – Applicability. (1) The provisions of EC 9.7800 - 9.7835 apply to annexation applications for which there is owner and elector consent as described in EC 9.7810. Other annexation proposals permitted by state law, including annexations to abate a health hazard pursuant to ORS Chapter 222, shall be processed as provided in state law. (2) For purposes of EC 9.7800 through 9.7835: (a) An “owner” is a legal owner of record or, where there is a recorded land sale contract which is in force, a purchaser under the land sale contract. (b) An “elector” is an individual qualified to vote under section 2, Article II, of the Oregon Constitution. This section describes which forms of annexation requests are subject to this [Comment: ordinance. These definitions are from ORS 222 and cannot be changed. Council may identify additional items to be defined. Revisions since the 11/19/07 draft insert a clear reference to ] statutory health hazard abatement, as requested by Councilor Bettman. 9.7810 Annexation – Application Requirements. An application for annexation under the provisions of EC 9.7800 – 9.7835 may be initiated by motion of the city council or by the filing of an application for an annexation. In addition to the provisions in EC 9.7010 Application Filing, an application for annexation shall include the following: (1) A list of all owners, including partial owners, of land in the area proposed for annexation, indicating for each owner: (a) The affected tax lot(s), with the township, section and range numbers of the affected tax lots identified; (b) The street address(es) of the affected land as recorded on county assessment and tax rolls; (c) The electors residing on the land, if any. (2) Consent to Annex forms that are completed and signed by: (a) All of the owners of land in the area proposed for annexation; and (b) Not less than fifty percent of the electors, if any, residing on the land proposed for annexation. (3) Instead of the Consent to Annex forms as described in subsection (2) above, an application may include Consent to Annex forms that are completed and signed in accordance with state law, by: (a) More than fifty percent of the owners of the land in the area proposed for annexation, who also own more than fifty percent of Ordinance - 3