Item 3: Ordinance on Extraterritorial Extension Procedures

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Section 3. Subsection (2)(d)1. of Section 9.7820 of the Eugene Code, 1971 is amended, to provide as follows: 9.7820 Annexation – Procedures. (2) For an application submitted pursuant to EC 9.7810(3), or an application described in EC 9.7820(1)(c), above: (d) Notice of the public hearing shall be: 1. Mailed at least [14] 30 days prior to the public hearing to those listed in subsection (1)(c) above; Section 4. Section 9.8121 of the Eugene Code, 1971, is amended to provide as follows: 9.8121 Extra-Territorial Extension of Water or Sewer Service – Procedures and Approval Criteria. The city council [planning director] shall [consider] hold a public hearing to consider an application for an extra-territorial extension of water or sewer service[ in accordance with the Type II application procedures contained in EC 9.7200 through 9.7230. The planning director shall approve, approve with conditions, or deny the application based on compliance with the following criteria:]. (1) Notice of the public hearing shall be: (a) Mailed at least 30 days prior to the public hearing to: 1. The applicant; 2. Owners and occupants of properties located within 750 feet of the perimeter of the subject property; and 3. The neighborhood group or community organization officially recognized by the city council that includes the area of the subject property and any neighborhood group or community organization officially recognized by the city council for the area that is located within 750 feet of the perimeter of the subject property (b) Published in a local newspaper with general circulation at least 20 days prior to the public hearing; and (c) Posted on the property that is the subject of the application in a location clearly visible from adjacent streets. (2) The city council shall adopt a resolution approving or denying the application. The city council’s decision is final, and shall be based on compliance with the following criteria: (1) a The property proposed for service is located within the city’s urban growth boundary, is located within the property boundaries of the Mahlon Sweet Airport, or, for purposes of water extension only, Lane Community College; (2) b In no case shall the city extend services extra-territorially to a property that could, instead, be annexed. Further, to receive extra-territorial water or sewer service an applicant must demonstrate the inability to satisfy either EC 9.7825(2) or (3); Ordinance - 2