Item 5: Ordinance Concerning the Transition of Annexation Procedures

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ATTACHMENT B 12/10/07 – V-8 the land in the area proposed for annexation and of real property therein representing more than fifty percent of the assessed value of all the real property in the area proposed for annexation; or (b) More than fifty percent of the electors registered in the area that is proposed for annexation and the owners of more than fifty percent of the land in that area proposed for annexation. (4) In lieu of a Consent to Annex form described in sections (2) or (3) above, an owner’s consent may be indicated on a previously executed, and still valid, annexation agreement consenting to the annexation of the subject land. (5) Verification of Property Owners form signed by the Lane County Department of Assessment and Taxation. (6) A Certificate of Electors form signed by the Lane County Elections/Voter Registration Department. (7) A legal description of the land proposed for annexation prepared by a registered land surveyor consistent with ORS 308.225. (8) A county assessor’s cadastral map of the land proposed for annexation. (9) A list of the public service districts presently providing services to the land proposed for annexation (See EC 9.7835). (10) A written narrative addressing the proposal’s consistency with the approval criteria set out at EC 9.7825. EC 9.7810 specifies the minimum level of materials that must be submitted with an [Comment: annexation request, including the required level of consent, as well as specific property information. The allowance for city-initiated annexations is drawn from Council Resolution 4358 (10/31/07 Council packet, page 39). The application requirements listed in 9.7810 are those that staff believes necessary to evaluate an application based on the criteria at 9.7825. State law does not directly prescribe what materials an applicant must submit. If Council believes additional materials are needed to address the approval criteria, additional requirements may be added. EC 9.7810(2) and (3) set out the three different types of consensual annexation applications that the City is required by state law to consider. These sections use statutory terminology so that the City can rely on court-established interpretations of that terminology in applying the code. Therefore, these sections should not be revised. EC 9.7810(2) (per ORS 222.125) requires: 1) The consent of all owners of land in the area proposed for annexation (whether they occupy the land or not); and 2) The consent of no less than 50% of the registered voters residing in that area (this would include any owner/occupants, renters and other occupants who are registered to vote in Oregon). EC 9.7810(3)(a) (per ORS 222.170(1)) requires: 1) The consent of more than 50% of the owners of land in the area property for annexation (whether they occupy the land, or not); and 2) A demonstration that the consenting owners described in 1) own more than 50% of the land in the area proposed for annexation; and Ordinance - 4