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<br />9.8121 <br /> <br />Extra-Territorial Extension of Water or Sewer Service - Approval Criteria. The <br />planning director shall consider an application for extra-territorial extension of water <br />or sewer service in accordance with the Type II application procedures contained in <br />EC 9.7200 through 9.7230. The planning director shall approve, approve with <br />conditions, or deny the application based on compliance with the following criteria: <br />(1) The property proposed for service is located within the city's urban growth <br />boundary, is located within the property boundaries of the Mahlon Sweet <br />Airport, or, for purposes of water extension only, Lane Community College; <br />(2) I n no case shall the city extend services extra-territorially to a property that <br />could, instead, be annexed. Further, to receive extra-territorial water or sewer <br />service an applicant must demonstrate the inability to satisfy either EC <br />9.7825(2) or (3); <br />(3) The applicant has entered into an annexation agreement on forms provided by <br />the city pertaining to the property proposed to be served or will enter into such <br />an annexation agreement as a condition of approval; <br />(4) The property proposed for service is not vacant; <br />(5) The provision of service will not prolong uses which are nonconforming uses <br />under the Eugene Code, 1971; <br />(6) In the case of an application for extension of water service, the property to be <br />served is connected with an approved means of sewage disposal; <br />(7) The proposed extension is consistent with adopted resolutions, policies, plans <br />and ordinances concerning extra-territorial extensions; and <br />(8) Even if a proposed extension is inconsistent with the criteria above, the city <br />may approve an extra-territorial extension of water or sewer service consistent <br />with adopted city resolutions, policies, plans and ordinances: <br />(a) Where a communicable disease hazard exists and the extension is the <br />only practical remedy; or <br />(b) To property within a dissolved water district within which EWES is <br />providing service to some properties. <br /> <br />Section 8. This Ordinance is intended to address the City's increased <br /> <br />responsibilities due to the State Legislature's passage of SB 417 abolishing the Lane <br /> <br />County Boundary Commission. The provisions of this Ordinance are intended to carry <br /> <br />forward, to the extent applicable, adopted City policies regarding annexations, extra- <br /> <br />territorial extensions, and public service district withdrawals. The legislative findings <br /> <br />attached hereto as Exhibit A are adopted in support of this Ordinance. <br /> <br />Section 9. The City Recorder, at the request of, or with the concurrence of the <br /> <br />City Attorney, may correct any reference errors contained herein, or in other provisions <br /> <br />of the Eugene Code, 1971, to the provisions added, amended, or repealed herein. <br /> <br />Ordinance - 8 <br />