Item 5: Ordinance Concerning the Transition of Annexation Procedures

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ATTACHMENT B 12/10/07 – V-8 3) A demonstration that the consenting owners described in 1) own real property in the area proposed for annexation that represents more than 50% of the assessed value of all the real property proposed for annexation. EC 9.7810(3)(b) (per ORS 222.170(2)) requires: 1) The consent of more than 50% of voters registered in the area proposed to be annexed (this would include any owner/occupants, renters and other occupants who are registered to vote in the area to be annexed); and 2) The consent of owners of more than 50% of the land in the area proposed for annexation (whether they occupy the land, or not). EC 9.7810(5)&(6) reference forms that an applicant must fill out and submit. The forms will be the same basic forms now required by the Boundary Commission. EC 9.7810 has been revised to omit the requirement for a Measure 37 waiver. With the passage of Measure 49, it is no longer needed.] 9.7815 Annexation – City Modification of Application. At any time prior to council action, and with notice consistent with EC 9.7820, the city may modify an application to include contiguous road right-of-way or to include other contiguous public land. The purpose of this section is to identify the Council’s current policy that enables the [Comment: City to add public property or right-of-way to an application. This section is based on policy direction in Council Resolution 4903 adopted 4/07 (10/31/07 Council packet, page 34) and Resolution 4358 adopted 1/93 (10/31/07 Council packet, page 39). Council could add to this section more of the detail contained in Resolution 4358, such as Council’s policy to refrain from such an add-on if it would create an island in the River Road/Santa Clara area. However, the Council can continue to follow such policy without adding it to the ordinance.] 9.7820 Annexation – Procedures. (1) For an application submitted pursuant to EC 9.7810: (a) The city council shall set a date, time and place for it to conduct a hearing to consider the application. (b) The planning director shall forward to the city council a written recommendation based on the approval criteria in EC 9.7825 that the application be approved, modified and approved, or denied. (c) Notice of the public hearing shall be: 1. Mailed at least 30 days prior to the public hearing to: a. The applicant; b. Owners and occupants of properties located within 500 feet of the perimeter of the subject property; and c. The neighborhood group or community organization officially recognized by the city council that includes the area of the subject property. Ordinance - 5