Item A: Background on Extra-territorial Extensions

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Work Session: Extra-Territorial Extensions Meeting Date: January 23, 2008 Agenda Item Number: A Department: Planning and Development Staff Contact: Steve Nystrom www.eugene-or.gov Contact Telephone Number: 541/682-8385 ISSUE STATEMENT The City Council has requested a work session on extra-territorial extensions to better understand the nature of these requests and the process recently adopted by the City Council. BACKGROUND On December 10, 2007, the City Council adopted an ordinance (No. 20400) establishing procedures for processing annexations, withdrawals from service districts and extra-territorial extensions. The passage of Senate Bill (SB) 417 abolished the Boundary Commission, which served as the responsible governmental body for review of annexation requests and extraterritorial extensions within Lane County. Effective January 1, 2008, the City must approve any extensions of water or sewer service from within the City to areas outside of the city limits. Therefore, it was necessary for the City to adopt a review process and criteria for considering applications proposing extra-territorial extensions, in place of the Boundary Commission. While the City Council did so with its passage of Ordinance No. 20400, a work session was requested to further discuss the City’s policies related to extraterritorial extensions. An extra-territorial extension is defined in the ordinance as an extension of water or sewer service from inside the city limits to serve property located outside the city limits. The ordinance further restricts these extensions to property within the Urban Growth Boundary, except as provided for in previously approved resolutions. Adopted Policies The City has long-standing policies, in Resolution No. 2643 (attached), that were applied as the City made recommendations to the Boundary Commission regarding extra-territorial extensions. The provisions addressing extra-territorial extensions in Ordinance No. 20400 are based on the policies in Resolution No. 2643. This resolution emphasizes that the provision of city services should be limited to residents of the city. However, the resolution also acknowledges that there are some unique circumstances in which an extra-territorial extension outside of the city may be in the best interests of the city. Therefore, the resolution set forth specific criteria under which requests for extra-territorial extensions could be approved. These criteria were imported into the recently adopted ordinance in order to maintain the City Council’s current policy direction. Process and Criteria Section 9.8121 (see attached Ordinance No. 20400) stipulates the process and approval criteria for extra- territorial extensions. Under the Eugene Code, requests for extra-territorial extensions are subject to a F:\CMO\2008 Council Agendas\M080123\S080123A.doc