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<br />1. Mailed at least 30 days prior to the public hearing to those listed in <br />subsection (1 )(c) above; <br /> <br />Section 4. Section 9.8121 of the Eugene Code, 1971, is amended to provide as <br />follows: <br /> <br />9.8121 <br /> <br />Extra-Territorial Extension of Water or Sewer Service - Procedures and <br />Approval Criteria. The city council shall hold a public hearing to consider an <br />application for an extra-territorial extension of water or sewer service. <br />(1) Notice of the public hearing shall be: <br />(a) Mailed at least 30 days prior to the public hearing to: <br />1. The applicant; <br />2. Owners and occupants of properties located within 750 feet of the <br />perimeter of the subject property; and <br />3. The neighborhood group or community organization officially <br />recognized by the city council that includes the area of the subject <br />property and any neighborhood group or community organization <br />officially recognized by the city council for the area that is located. <br />within 750 feet of the perimeter of the subject property <br />(b) Published in a local newspaper with general circulation at least 20 days <br />prior to the public hearing; and <br />(c) Posted on the property that is the subject of the application in a location <br />clearly visible from adjacent streets. <br />(2) The city council shall adopt a resolution approving or denying the application. <br />The city council's decision is final, and shall be based on compliance with the <br />following criteria: <br />(a) 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 <br />College; <br />(b) In no case shall the city extend services extra-territorially to a property <br />that could, instead, be annexed. Further, to receive extra-territorial water <br />or sewer service an applicant must demonstrate the inability to satisfy <br />either EC 9.7825(2) or (3); <br />(c) The applicant has entered into an annexation agreement on forms <br />provided by the city pertaining to the property proposed to be served or- <br />will enter into such an annexation agreement as a condition of approval; <br />(d) The property proposed for service is not vacant; <br />(e) The provision of service will not prolong uses which are nonconforming <br />uses under the Eugene Code, 1971; <br />(f) In the case of an application for extension of water service, the property <br />to be served is connected with an approved means of sewage disposal; <br />(g) The proposed extension is consistent with adopted resolutions, policies, <br />plans and ordinances concerning extra-territorial extensions; and <br />(h) Even if a proposed extension is inconsistent with the criteria above, the <br />city may approve an extra-territorial extension of water or sewer service <br />consistent with adopted city resolutions, policies, plans and ordinances: <br /> <br />Ordinance - 2 <br />