Item 5: Ordinance Concerning the Transition of Annexation Procedures

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ATTACHMENT A 12/10/07 – V-7 ORDINANCE NO. _________ AN ORDINANCE CONCERNING ANNEXATION, EXTRA- TERRITORIAL WATER AND SEWER EXTENSIONS, AND PUBLIC SERVICE DISTRICT WITHDRAWAL PROCEDURES; AMENDING SECTIONS 2.212, 9.7055, 9.7205, AND 9.8035 OF THE EUGENE CODE, 1971; REPEALING EXISTING SECTIONS 9.7800 TO 9.7885 OF THAT CODE; ADDING NEW SECTIONS 9.7800, THROUGH 9.7835 AND SECTIONS 9.8115 THROUGH 9.8121 TO THAT CODE; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Section 2.212 of the Eugene Code, 1971, is amended to provide: 2.212 Extraterritorial Water and Sewer Service Extensions. The city, including EWEB, shall not provide water, water service or sewer service outside the city limits except as authorized pursuant to the city charter, this code, and adopted resolutions. The city manager or the manager's designee is hereby authorized to receive on behalf of the city requests for the extra-territorial extensions of water service [extensions,] or sewer service [extensions,] from inside the city limits to serve property located outside the city limits or for the provision of water or sewer service to special service districts. Such requests shall be accompanied by the application fee established by the city manager as provided by section 2.020 of this code. Requests for the extra-territorial extension of water service or sewer service shall be processed and approved or denied as provided in section 9.8115 to 9.8121 of this code. [The city manager, or the manager's designee, shall submit such requests to the Lane County Boundary Commission, together with a favorable recommendation by city only if the city manager, or the manager's designee, finds that the extension of service as proposed would be consistent in all respects with adopted resolutions, policies, plans and ordinances. This section amends the existing Code provision regarding requests to provide city [Comment: water or sewer service outside of its city limits. The existing Code provision at EC 2.212 is amended to authorize the City to approve/deny, rather than recommending approval/denial to Boundary Commission. Revisions since the 11/19/07 draft clarify that any extra-territorial extensions or contractual agreements to provide services extra-territorially must be consistent ] with city-adopted policies. Section 2. The definition of “Owner” set forth in Section 9.0500 of the Eugene Code, 1971, is amended to provide: Ordinance - 1