Item 5: Ordinance Concerning the Transition of Annexation Procedures

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ATTACHMENT A 12/10/07 – V-7 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 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 Ordinance - 5