HomeMy WebLinkAboutNotice Miscellaneous 10/16/2007
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AGENDA
EUGENE PLANNING COMMISSION
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Phone: (541) 682-5481
Council Chamber, Eugene City Hall, 777 Pearl Street, Eugene, OR 9740]
Web site: www.eugene-or.gov
The Eugene Planning Commission welcomes your interest in these agenda items. Feel free to come and go
as you please at any ofthe meetings. This meeting location is wheelchair-accessible. For the hearing
impaired, FM assistive-listening devices are available or an interpreter can be provided with 48 hours notice
prior to the meeting. Spanish-language interpretation will also be provided with 48 hours notice. To
alTange for these services, contact the receptionist at 682-5481. Telecommunications devices for deaf
assistance are available at 682-5119.
TUESDAY. OCTOBER 16.2007 - PUBLIC HEARING
(6:00 p,m.)
PUBLIC HEARING ON TRANSITION OF ANNEXATION PROCEDURES
Lead City Staff: Steve Nystrom, Principal Planner, (541) 682-8385
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Code Amendment (CA 07-2) Amendment of the Land Use Code (Chapter 9) to establish the
procedures and requirements relating to annexation requests within Eugene's Urban Growth
Boundary,
Nature ofthe ReQuest
The Eugene Planning Commission will hold a public hearing, and subsequently recommend to the
City Council, action on an ordinance establishing procedures and requirements for annexation
requests within Eugene's Urban Growth Boundary. Recent passage ofSeIlate Bill 417 abolishes
the Boundary Commission, who currently serves as the responsible governmental body for review
of annexation requests within Lane County, and transfers that responsibility to the local
governments effective January 1, 2008. This ordinance will serve as the means to implement this
new state legislation.
Public Heariug Format:
1. Staff presentation: Steve Nystrom
2. Open public hearing.
3, Questions from the Planning Commission.
4. Close public hearing.
5. Planning Commission discussion/action.
The Planning Commission will make a decision within 15 days of the close of the record, The
Planning Commission's action is final.
Date Received
OCT 1 6 2003J
Planner: BJ
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AGENDA ITEM SUMMARY '\
October 16,2007
To: Eugene Planning Commission
From:
Steve Nystrom, Planning Division
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Subject: CA 07-2: .public hearing to' consider an ordinance establishing procedures for
processing o~ annexation~ requests within Eugene's Urba~ Growth Boundary'
Action Reauested !
Hold the public hearing and begin deliberation regarding the proposed ordinance.
Briefin!! Statement
Recent passage of Senate Bill 417 abolishes the Boundary Commission, who currently serves'
as the responsible governmental body for review of annexation requests within Lane County'
and review of applications for extraterritorial extensions of water or sewer service. ,The Bill
transfers those responsibilities to the local goverriments effective January 1, 2008. This .
ordinance will serve as the means to implement this new state legislation. '
This ordinance would anlend Chapter 9, the Land Use Code, and is therefore subject to
review by the Planning Commlssion, As a code amendment, the Planning Commission will
fOllo\\, the legislative procedures (Type V) for review. After holding its public hearing, the
Planning Commission will make a recommendation to the City Council to approve, approve
. with modifications, or deny the attached ordinaric.e. In order to have this ordinance in effect
by January I, 2008, staff is asking the Planning Commission to take action on October 22,
2007.
Backl!round ..
The Boundary Commission, a state-appointed body, serves as the decision maker for,
arniexation'requests inLane County and for applications for extraterritorial extensions of
water or se.wer service, Senate Bill 417 w~s approved this legislative session resulting in the
transfer of that responsibility to.the local jurisdictions. As of January 1,2008, the City of
Eugene will process any new annexation or extension proposals within its Urban Growth
Boundary. SB 417 does provide a grace period for annexation applications received-through
December 31, 2007. The Bill requires the Bounqary Commis~ion to ~ompl~te the processing
of all such applications by June 30, 2008. .
The passage ofSB 417 not only shifts the responsibility of annexation reviews to the local
jurisdictions, it also changes the rules under which annexation requests must be processed.
State statutes that established the Lane County Boundary Commission illso included specific .
requirements and procedures unique to its process. With the abolition o[.theLane County
Boundary'Commission, annexations in LaJle County will now need to be processed
" according to, the statutes that have governed in other parts of the State that did not have a
i)H'\iiH~}~6TInd1Jy!go'mmission. While not necessarjly significant in their differencef.)at~me~ved .
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, note that the attached ordinance includes procedures and rules reflecting the newly applicable
, ' state statutes. .
Public Notice and Testimonv
The public hearing notice was sent to the City of Springfield, Lane County, all neighborhood,
organizations, as well as community groups and indivi<iuals who have requested notice. In"
addition, notice was also published in the Register Guard. As of the writing ofthis report, no
testimony has been received by the city.,
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.Draft Ordinance Structure _ ,
Although SB 417 focused on annexations, there are 3 discrete types of applications that need
to be addressed as a result of this Bill. They are as follows:. .. .
. Atmexatioris
. Withdrawal from Service Districts:- City services are provided to property as a result
of annexation. This shift in services requires the withdrawal from those service'
districts which had served the property prior to annexation (e.g. Rural Fire Districts,
Water Districts, etc.). The CIty has always hadresponsibility for some of these
withdrawals. ' ,
. Extraterritorial Extensions: The Boundary Comlllission also reviews requests for
extension of sanitary and water service outside of incorporated portions of the city.
That responsibility is also transferred to the local jurisdictions as'a result of SB 417,
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In preparing the draft ordinance, the following elements helped shape the vast majority of its
structure and approach: '.
State Statutes
'State Law provides a fairly'extensive set of statutes regarding annex'ations; As such, much of
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the draft ordinance is simply a reflection of state statutes. .
I"ocal Dolicv direction .
In addition to applicable state requirements,. the ordinance also is structured in a manner
c9nsistent with local policies. Most notable is the absence of provisions for non-vohintary
(or city:initiated) annexations of private property. While state law enables various forms of
non-voluntary annexations, the city currently limits its role to responding to privately
initiated annexation requests and to annexations of publicly owried property: As such, staff
has not incorporated any specific provisions for city-initiated annexations of privately-owned
property. If the City should wish to pursue such annexations in the future, it may do so in
accordance with the standard procedures within state law. This approach significantly
simplifies the ordinance by focusing on those application scenarios the city' is likely to
processes.
Consistencv with current nrocedures
Under the current provisions, the vast inajority'of annexation applications can follow one of
two paths; I)A public hearing before the Boundary Commission, or 2) an expedited process
for non-controversial applications (e.g. no public heanng is requested). The'proposed
. ordinance attempts to establish a siinilar process which will be discussed in more detail
below.,.r~e,orqinance also incorporates existing City Council resolutions settinOare Received
. ft,~;\; i$pecific'.p61i~YQirection regarding arlllexations and extra-territorial extensions. - ' - '
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Ease of administration
One of staffs primary objectives in preparing this ordinance is to create a clear and
manageable set of provisions. This ordinal!ce attempts to minimize Unhecdssary complexity,
. and respond to the resource challenges related to this mandate. Under the current provisions,
, the state provides a certain amount of funding to staffthe Boundary Commission process.
SB 417 will not carry forward any funding support other than any unspent funds for this
budget cycle. 'As such, local jurisdictions will need to absorb these services.
Kev Ordinance Provisions
To help in the review ofthis ordinance, staff has provided a synorsis of the key components:
EC 9.7805- Aoolicabilitv
The focus of this section is on voluntary requests for arinexaiions. This ,section spells out the
state requirements for what. constitutes consent. In the event.other forms of annexation come
forward, specifically non-voluntary annexations, suchappli2ations would Joilow the standard
provisions provided for instate law.
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EC 9.7815 -Procedures'
. The draft ordinance attempts to provide a set of procedures similar to the current Boundary
Commission p'rocess. State Law requires that the elected officials be the decisiOJi maker for
annexation requests. Since this responsibility cannot be delegated to other appointed bodies,
all applications would be reviewed by staff, followed by a recommendation directly' to the:
City Council. This recommendation would be provided in'the form ofa proposed resolution:
The City Council would hav~ the option of approving the resolution or pulling specific
annexation applications and setting those for a public heining:
, It is staffs expectation that the annexation requests would be bundled similar to the
Boundary Commission process which meets every 2 months. Staff believes this approach
enables non-controversial annexations to move through the process relatively smoothly, .
, while providing the Council full authority to hold public hearings on those requests which
require more discussion. This concept also attempts to be responsive to resource imd budget
limitations while also minimizing impact to the Council's agendas.
EC 9.7810 - 9.7825 - Annlication Reouirements: Annro'val Criteria
The criteria of approval for annexations, are similar to previous criteria used by the Boundary
Commission, but also reflect some required changes.' One key difference is in regard to non-
contiguous annexations. While the Boundary Commission was allowed to approve
annexations of property that are not contiguous to other city property' (common in River
Road and Santa Clara), the state statutes that will apply to the City require the property to be
contiguous to the city. EC 9.7825(1) reflects this requirement,
The ordinance also incorporates policies set out in City Council resolutions addressing
annexations and extraterritorial extensions. This includes recent policy direction regarding
street annexations.
:(jbiij~6f~i7~30tr'",V;~hdra~al from Service Districts Date Received
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., I]!tv\h:19,itY;9yrrently is responsible for processing withdrawals from Service District~'f~~~' ZOO",.
. . few exceptIons (which are processed through the Boundary CommlsslOn): Followmg the
Lf': ~~t~4!}m.~~tu~ghe Boundary Commission, the city will be responsible for al,I~6ha'dr.\W,BJ.Ser. BJ
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The ordinance essentially keeps the current process in place while accounting fo'r any
speci'fic changes in state law.
EC 9.8115 - Extra~Territorial Extensions
While such requests are rare, the city has adopted policies and procedures for considering
requests to extend services 'outside of incorPorated areas of the city. With the abolishment of
the Boundary Commission, this responsibility will now fall to the city. ,The draft ordinance
codifies the r~view process and incorporates the Council resolutions' which'establish a
stringe!1t set of policies under which such extensions will be considered.
ADDlicable Criteria
The Eugene Planning Conlinission shall address the relevant approval criteria in making ,
recommendations to the Eugene City' Council on the proposed code amendment, as listed
below:' . .
E. C. 9;8065. Code Amendment Aooroval Criteria.
The Eugene City Council shall apply the following criteria to the proposal to ,amend the
Land Use Code according to EC 9.8065:
(1) Is consistent with applicable statewide planning goals as adopted by the
Land Conservation and Development Commission.
(2) Is cons'istent with applicable provisions of the Metro Plan and applicable
adopted refinement plans. "" " .
(3) In the case'of establishment of a special area zone, is consistent with EC
9.3020 Criteria for Establishment ofah S SoeciafArea Zone.
Staff has attached the draft findings to support adoption of this ,ordinance.
Recommendation I
Staff recommends that following the public hearing and deliberation, the Planning
Commission recommend adoption of the attached ordinance amending Chapter 9 of the
Eugene ~ode. ' .
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For more Information , " ,
Contact Steve Nystrom, Planning and Development Department, 99 West 10th Avenue,
" Eugene, Oregon, 97401; telephone: (541) 682-8385; e-mail:
'ste'ven.a.nystrom@ci.eugene.or.us .
Attachments
A. Draft Ordinance and Findings
B. SB 417
C.' Council adopted resolutions
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1 Date Received
OCT 16 200'1
Planner: BJ
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ORDINANCE NO.'
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AN ORDINANCE CONCERNING ANNEXATION AND
WITHDRAWAL PROCEDURES; AMENDING SECTIONS
2.212, 9.7055, 9.7205, AND9.80350F THE EUGENE CODE,
1971; REPEALING EXISTING SECTIONS 9.7800 TO 9.7885
OF THAT CODE; ADDING NEW SECTIONS 1t7800,
THROUGH 9.7835 AND SECTIONS 9.8115 THROUGH 9.8121 '
TO THAT CODE; DECLARING AN EMERGENCY; ,AND
PROVIDING AN EFFECTIVE DATE.
. THE CITY OF EUGENE DOES 'ORDAIN AS FOllOWS:
Section 1. Section 2.212 of the Eugene Code, 1971, is amended to provide: '
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2.212 ' Extraterritorial Water and Sewer Service Extensions, The city manager '
or the manager's designee is hereby authorized to receive on behalf of the
city requests for extraterritorial water service extensions, sewer service
extensions, or provision of water or sewer service to special service districts.
Such requests shall be accompanied by the application fee established by
the city manager as provided by section 2.020 of this code, and shall' be
processed and approved or denied as provided in sectioi19.8115 to '
9.8121of,this code. [Tho city :n::~::gor, orth'2 ~'2~::ae~': e!:::::fjRe'2, s':'211
GUE:r::t such requ'2s~!: 1::J the Lema County Boundjry C6~~:S3::::l, lcgothor
wit': :: f'2\'BfabI:: ~x:x'B:nond3tion by city only if tho city ~'2~'23€~, 3~ Ir.B
~'2~::;;:Jr's designeo, fine!: Ih31 ~h:J oxtonsion of sorvic=- '23 r:~::Jposed vlOuld,
bo concicb~l :n 311 r=-spcts with 3doplod rosolutk3rlS, p3J.i6iss: pl31.s ad
efj.:~'2~SB&,' '
Section 2. The entry for."Annexations" in the Table set forth in Section 9.7055 of
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the Eugene Code, 1971, is amended, and a 'new entry for "Extra-Territorial Extension of
Water or Sewer Service" is added in alphabetical order thereto, to provide:
9.7055
Applications and Review Authorities, Table 9.7055 Applications and Review
Authorities, lists applications and the review authorities for the decision and the
appeal of the decision. ' .
I Table 9.7055 App.lications and Review Authorities I
' R = Recommendation, D = Decision Maker, A'= Appeal Review Authority
Application Type Planning Hearings Historic Planning , City I
: fH'j,~1:'I". q (~U:::n Director Official ~e:~~: Commi1;at e:'Areteived
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Table 9,7055 Applications and. Review Authorities
R = Recommendation, D = Decision Maker, A = AOi)eal Review Authority
Application Type Planning Hearings Historic Planning City
Director Official Review Commission .Council .
Board
I Annexations (SeeEC 9.7800)
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I Extra-Territorial Extension 'of
Water or Sewer Service
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Section 3. Table 9.7205 set forth in Section 9.7205 of the Eugene Code, 1971, is
amended by adding an entry for "Extra-Territorial Extension of Water and Sewer
Service" in alphabetical order therein, to'provide:
9.7205
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TVDeII Aoolication Reauirements and Criteria Reference, The following
applications are reviewed under the Type II review proce'ss according to the
requirements and criteria set forth for each application as refleCted in the beginning
reference,column in Table 9.7205: I " . " '.
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I Table 9.7205 Type II Application Requirements and Criteria
I Type II Applications Beginning Reference
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, I Extra-Territorial Extension of Water or Sewer Service
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EC 9.81.15
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Section 4. The current section~ 9.7800 through 9.7885'ofthe Eugene Code, 1971
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are repealed; and the following caption, and Sections 9.7800, 9.7805, 9:7810, 9.7815,
9.7820,9.7825,9.7830 and 9.7835 are added to the Eugene Code: 1971 ,to provide:
9.7800
,9.7805
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ANNEXA nON APPLlCA TION PROCEDURES AND CRITERIA
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Annexation - PurDose. , The provisions o( EC 9.7800 - 9.7835 are intended to
provide procedures for the review of proposals to annex territory to the city
, and the subsequent withdrawal of such t~rritory from public service districts.
Annexation - ADolicability. ,
,(1) The provisions of EC 9.7800 - 9.7835 apply to annexation applications.for
'which there is owner and elector cOQsent as described in EC 9.7810.
Other annexation proposals permitted by state law shall be processed as
t."I, ~rprovided in state law, 'R . .&
. (2f' Forpurposes of EC 9.7800 through 9. 7835: Date ecelve ..a
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(a)
An "owner" is a legal owner of record or, where 'there is a recorded
lands'ale contract which is in force, a purchaser under the land sale
contract.
. An "elector" is an individual qualified to vote under section 2, Article
II, of the Oregon Constitution.
(b)
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Annexation - Aoglication Reauirements. An application fof annexation under
.the provisions of EC 9.7800 - 9,7835 may be initiated by motion of the city ,
council or by the filing of an application for an annexation submitted on behalf
of all.ofthe owners of the territory proposed for annexation..lh addition to the
provisions in EC 9.7010 Application Filing,. an application for annexation shall
, include the foilowing:. " L.
(1) A list of all6wners, in,cluding partial owners, within the terNtory proposed
for annexation, indicating for each owner: '
(a) The affected tax lot(s), with the township, section and range
numbers of the affected tax lots identified;
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(6) The street addressees) of the affected territory as recorded on
county assessment and tax rolls; ,
(c) The electors residing on the land, if any. . ..
(2) , Consent to Annex forms that are compieted and signed by:
(a) All of the owners within the territory proposed for annexation; .and
(b) Not less than fifty-percent of the electors, if any, residing in the
territory propos'ed for annexation. ,
(3) Instead of the Consent to Annex forms as described in subsection (2)
above; an application may include Consent to Annex forms that are
,completed'and sign~d in accordance with state law, by:
(a) More than half of the owners of the land ih the territory proposed for
annexation, who also own more than half of. the land in the
contiguous territory and of real property therein representing more
than half of the assessed value, of all the rea) property in the '.
territory; or .
(b) A majority of the electors registered in the te(ritory proposed for
annexation and the owners of more than half of the land in that
'territory. .' " '"
(4)' In lieu of a Consent to Arinex{orm described in sections (2) or (3) above,
an owner's consent miW be indicated on a previously executed' .
annexation agreement consenting to the annexation ofthe subject
territory.' .
(5) Verification of Property Owners.form signed by the Lane County
Department of Assessment and Taxation.
(6) . A Certificate of Electors forin signed by the Lane County ElectionsNoter
Registration Department. "
(6) An ORS 197:352 Waiver form signed by:each ownerwithin the teriitoiy
proposed for annexation. . .
(7) A legal description of the territory proposed for annexation prepared by a '
registered land surveyor consistent with ORS 308.225.
(8) A county assessor's cadastral map of the area proposed for annexation.
(9) A list of the public serVice districts presently providing services to the
!;:(8~~ffected territory (See EC 9.7835). Date Received
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(10) A wiittennarrative addressing the proposal's consistency with the
approval criteria, set out at EC 9.7825. '
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9.7815, Annexation - Citv Modification of Al?l?lication, At any time prior to council
aCtion, andwith notice consistent with EC'9.7820, thecitymay modify an
application to include contiguous road right-of-way or to include other
contiguous public hind.'.
9,7820
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Annexation - Procedures, .
" (1) FCJr an application submitted pursuant to EC 9,7810(2):
(a) No public hearing is required.
(b) Theplamiing director shall forward to the city council a written
, recommendation based on the approval criteria in EC9.7825 that the
application be approved, modified and approved, or denied. In
addition, the planning, director may recommend that the1council
defer action on the matter until after thecouncWholds a public
hearing. ' ,
(c) . At leasf10 days prior to the date the council considers the planning, .
director's recommendation, notice of the application that contains
the street address or other easily understood ge6graphic~1
, reference to the property, the planning director's recommendation,
and the date and.time the council will consider the recommendation
shall be mailed to: . .
1. The applicant
2. Owners and occupants of properties located within 100 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, . .
(d) The city council may:
1. , .Adopt a resolution approving, modifying and approving, or
denying the application for annexation;. or ,
2. Vote to defer action on such a resolution until after it holds a
publicheiuing on the proposed annexation.
(e) When the city council elects to hold a public hearing, the
, procedures that apply are those in (2)(d) below.
(2) For an application submitted pursuant to EC 9.7810(3):
(a) A public hearing is required.'
(b) The city council shall set a date, time and place for it to conduct a
, hearing to consider the application.
(c) , The planning director shall forWard to the city council a written
recommendation based on' the approval criteria in EC 9.7825 that the
application be'approved, modified and approved, or denied:
(d) Notice of the. public hearing sh~1I be: . '
1. Mailed at least 14 Clays prior to the public hearing to those
listed in subsection (1)(c) above;'
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2. Published in a local newspaper with general circulation once
each week for two successive weeks prior to the hearing date;
and
3. Posted in four public places in the city fortwo successive
\_ weeks prior to the hearing date,
(3)' Territories annexed.to the city according to the procedures.in EC 9.7800-
9.7835 shall be automatically.rezoned as of the effective date of the
annexation from Lane County land zones and zoning overlays to
equivalent Eugene zones and overlay zones as shown in Table !!.7820
Equivalent Zones and Overlay Zones. For purposes of this section,
property that is also within an area identified,as a Nodal Development
Area on the Metro Plan Diagram shall be automatically included in the
Eugene IND Nodal Development Overlay Zone. The official city zoning
'mapshall be amended to reflect the change of zone,
1 Table 9,7820 Equivalent Zones and Overlav Zones I
I AGIUL Urbanizable Land Zones 1 Euqene Zones I
1 Auricultural- lAG I Agricultural 1
I PUUL 1 Public Land 1 PL '1 Public Land 1
I R-i/UL I Low-Density Residential R-.1 1 Low Density Residential 1
'- 1 R-2/UL 1 Medium-Densitv Residential R-2 'I Medium Density Residential 1
I GOIUL 1 General Office GO 1 General Office 1
1 C-1IUL I Neighborhood Commercial C-1 1 Neighborhood Commercial 1
'I C-2/UL Community Commercial C-2 I Community Commercial
1/-2/UL ' 1 Ligfit-Medium Industrial 1-2 'I Light-Medium Industrial
j/-31UL 1 Heavy Industrial' 1-3 Heavv Industrial ~.
1 r Urbanizable Land Zoning Overlay Eugene Overlay Zones
'.I/SR Site. Review I/SR Site Review. I
I/CAS Commercial Airport Safety' I/CAS Commercial Airport Safety I.
I/WR Water Resources ConserVation I/WR Water Resources Conservation I
Overlav Zone " "Overlav Zone
. (4) The city will not deem an application complete for a change in the zoning
of territory proposed for,annexationuntil the annexation has been
approved by the city.
(5) Withdrawals of annexed territory from a public service district serving the,
territory shall be processed as provided in EC 9.7835.. ' .
9.7825
Annexation -Aooroval Criteria. .The city council shall approve, modify and
approve, or deny a proposed annexation based on .the application's
consistency with the following:
(1) The territory proposed to. be annexed is within the city's urban growth
boundary and is: '
(a) Contiguous to the city limits; ,or
(b) Separated from the city only by a public right of way or a stream,
bay, lake or other body 'of water.
,(2t, The proposed annexation is consistent with applicable pqfifiei in ~e ..
",k;- Metro Plan and in any applicable refinement plans. Uale HeCelVed
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(3) The proposed ann.exation will result in a boundary in which the minimum
level of key urban facilities and services, as defined in the Metro Plan, can
be provided in an orderly, efficient, and timely manner. .
9.7830 Annexation - Effective Date iwd Notice of Aooroved Annexation,
(1) Effective Date. The effective date of an approved annexation shall be set
ih accordance with state law.' ,
(2) Notice, of Approved Annexation,
,
,
(a)
Not later than 10 working days after the passage of a resolution
approving an annexation, the city shall: ,
1, Send by certified mail a notice to public utilities (as defined in
ORS 757,005), electric cooperatives and telecommunications .
,carriers (as defined in ORS 133.721) operating within the city.
The notice shall-include: . '
.' a. Each site address to be annexed as recorded on county
as,sessment and tax rolls; .
b. A legal description and map 6f the proposed boundary
change; and
c. A copy of the resolution approving the annexation.
2.' Mail a notice of the annexation to the Secretary of State that
, includes a copy of the resolution approving the annexation and
, "
a copy of the statement(s), of consent. '.
Within 20 days from the passage of a resolution approving.an
annexation, the city shall mail a notice of the annexation to the
'county clerk, county assessor,and owners and electors in the
affeCted territory. The notice shall include a legal description of the
new city boundaries. ' _
If the effective date of an annexation is more than one year after the
city passes the resolution approving it, the city shall mail a notice of
the annexation to the Lane County clerk not sooner than 120 days.
and n'ot later than 90 days prir;Jr to the effective date of the '
annexation: ' . .
,
(b)
(c)
9.7835, Annexation - Withdrawal from Public SerVice Districts Followina Annexation.
(1) Council Public Hearing on Withdrawal. Generally on an annual basis, the
city council shall set a date, time and place for it to conduct a 'hearing to
consider an ''ordinance to withdraw annexed territory from the following
/' public service districts serving that territory:
(a) A rural fire protection district; :
(b) A water district, including a domestic water supply corporation;
(c) A park and recreation district;
(d) A highway lighting district;
(e) A county service district;
(t). ' . A special road district;
(g) A road assessment district; or
(h) A sanitary district or authority.
" " (2),. .Notice of Public Hearing. Notice of the hearing,' including the date, time, ,
;,\,:-\1;,_':,,\',,<';, ;,,((!?Iace and purpose ofthe hearing shall be: . Date RecelveJ
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(a) Published in a local newspaper with general circulation once each
week for two successive weeks prior to the hearing date; and
(b) Posted in four public places in the city for two successive weeks'
prior to the hearing date.
'(3) Criteria. In determining whether to withdraw the territory, the, city council
shall determine whether the withdrawal is in the best interest of the 'city. .
(4) Effective Date. The. effective date of the withdrawal shall be set in
, , accordance with state iaw,
(5) " Notice of Withdrawal, Not later than March 31 of the tax assessment year
to which the withdrawal of territory applies, the "city shall mail notice to
. the County Assessorand Department of Revenue including the legal
description of the boundary change and an accurate map showing the
, change, prepared consistent with ORS 308.225,
Section 5. Section 9.8035 of the Eugene Code: 1971, is amended to pro~ide:
9.80.35
Annexation Aoolicatlon Reauirements and Criteria.' The provisions for
processing annexation applications are,found in EC9.780Q through [9.7885] 9,7835,
Annexation Application Procedure,s and Criteria.
'-
Section 6. The following caption, and Sections 9,8115,- 9,8121 are added to the
Eugene Code, 1971, to provide:
EXTRA-TERRITORIAL EXTENSION OF WATER OR SEWER SERVICE
9,8115 Extra-Territorial Extension of Water or Sewer Service - PUrDose. Sections
9.8115 through 9.8121 govern the approval of requests for the extension of
water service or sewer service outside ofthe city limits. These regulations are
intended to accomplish the orderly development of land within the community,
ensure the adequate provision or public facilities and services,.protect the
public health and safety of the community and enable development to occur
consistent with applicable provisions of the Metro Plan. '
'9.8117 Extra- Territorial Extension 'of Water or Sewer Service - Aoolicabilitv. The
provisions of EC 9.8115 through 9.8121 apply to applications requesting the
extension of water service or sewer service outside of the city limits.
9.8119 Extra-Territorial Extension of Water or Sewer Service '- Aoolication
,Reauirements. In addition to the provisions of EC 9.7010 &2olication Filina, an
, application for extra-territorial extension of water or sewer service shall
include the following: .
(1) A lislot all tax lots proposed to be served, including street addresses;
i, .". .", (2) . The proposed number of service connections and their 10catjQ{J,St' R . d'
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,(3) Awritten'narrative addressing the proposal's consistency with the
approval criteria in EC 9.8121.
9.8121 Extra- Territorial Extension of Water or Sewer Service - Aooroval Criteria. The
planning director shall consider an application for 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)' The property proposed for service is located within the city's urban
growth boundary, is located within the property boundaries of the Mahl(;m
Sweet Airport, or, for purposes of water extension only, Lane Community
College;
(2) Annexation of the property proposed to be served is currently not
possible due to ttie'inability to meetthe 'criteria for annexation as set
forth in EC 9.7820; _
(3) The applicant has entered into an annexation agreement pertaining to the,
property proposed.to be served. or will enter into an annexation
agreement as a condition of approval; .
(4)- The property proposed for service is not vacant;.
(5) The provision of service will not prolong uses which are nonconforming
uses under the Eugene Code, 1971; .
(6) In the case of an application for extension of water service, the property
to be served is comlected with an approved means of sewage disposal;
(7), The proposed extension is consistent with adopted, resolutions, policies,
plans and ordinances concerning extra-territorial extensions; and
(8) Even if a,proposed extension is inconsistent with the criteria above, the
city may approve an extra-territorial extension of water or sewer service:
(a) Where a communicable disease hazard exists and the extension is
, the only practical remedy; or
(b) . To property within a dissolved water district within which EWES is
~, providing service to some properties. '
Section 7. The 'Iegislative findings attached hereto as Exhibit A are adopted in
support of this Ordinance.
Section ,8. The City Recorder, at the request of, or with the concurrence of the
City Attorney, may correct any reference errors contained herein, or in other provisions
of the Eugene Code, '1971, to the provisions added, amended, or repealed herein. The
City Recorder is specifically auth~rized to correct references to the Lane County Local
. Government E}.ouhdary Commission.
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Section 9. . The State Legislature has abolished the Lane .County Local
Government Boundary Commission, effective January 1,2008. The City's ability to
accept and process annexation applications serves an important public purpose; and it
-'is therefore necessary that the provisions contained in this Ordinance establishing
procedures for the City to effect annexations and withdrawals .of territory from public
service districts ,become effective on January. 1, 2008, which is less than 30, days from
its date of adoption. .
Section 10. Pursuant to the provisions of Section 32(2) of the Eugene Charter of
2002, with the affirmative vote of two-thirds of the members of the City Council, this
Ordinance shall become)effective on January 1 , 2008.
Section 11.. Notwithstanding the effective date of this Ordinance as provided in
Section 10, in order to ensure the City's ability to accept and process annexation
applications on January 1, 2008, the City Manageris specifically authorized to establish
fees necessarY for implementation of the provisions contained herein, in accordance
/
~
with the provisio,ns of Section 2.020 of the Eugene Code, 1971,to become effective on ,
January 1, 2008.
Passed by the City Council this
Approved by the Mayor this
_ day:of
,2007
_day of
,2007
City Recqrder
Mayor
"
Date Received
OCl1 6 200).1
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, Exhibit A
FINDINGS
The following '~riteria from EC 9.8065 shall be applied to the proposed code amendment:
(i)
The amendment is consistent with applicable statewide planning g~als adopted by the,
Land Conservation and Development Commission, , '
Goal] - Citizen Involvement,: To develop a citizen involvement program that insures the
, opportunity for citizens to be involved in all phases of theplanning process.
, .
The City has acknowledged provisions for citizen involvement which insure the opportunity for
citizens to' be involved in all phases of the planning process and set out requirements for such
'involvement. The action taken did not amend the citizen involvement program: The process for
adopting these amendments complies with Goal I because it is consistent with the citizen
involvement provisions. Specifically, thePlaiming Commission held a public hearing followed
by a similar public hearing proce'ss before the, City Council.. Based on this information, the
process followed is consistent with Goal!.
. Goal 2 - Land Use Planninv. To establish a land use planning process and policy framework as .
, a basis for all decisions and actions related to use of land and to assure an adequate factual
basis for-such decisions and actions.
, ' .
The E'ugene Land Use Code specifies the procedure and.criteria that were used in considering
these amendments to the code. The record shows that there is an adequate factual basis for the
amendments. Specifically, Senate Bill 417 mandates that local jurisdictions assume the
responsibility of ~nnexations. Therefore, there is a need for the city to establish locaL provisions
,for future annexation applications.
, '.
., .
The Goal. 2 coordination requiremehtis met when the City engages' in an exchwge, or invites
such an exchange, between the City and.any affected governmental unit and when the City uses
the information obtained in the'exchange to balance the needs of the citizens. To complywith
the Goal 2 coordination requirement; the City engaged in an exchange about the subject of thi~
amendment with all of the affected. governmental units. Specifically, the City provided notice of
the proposed action and opportunity to comment to Lane County, Springfield and the Department
of Land Conservation and Development.
,
There are np Goal 2 Exceptions required for these amendments'. Therefore, the amendments are
consistent with Goal 2. ' ' 'r .
Goal 3 - Avricultural Lands. To Preserve Agric'ultural Lands.
,
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The amendments are' for properly located within the urban grow1h boundary and do n()t affe~t any
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land designated for agricultural use. Therefore, Goal 3. does not apply.
Goai 4 - Forest Lands. T~'conserveforest lands.
. ,
The amendments are for property located within the urban growth boundary and do n'ot affect any
hind designated for forest use. Therefore, Goal 4 does not apply. '
/ .. .
Goal 5 - Oven Svaces.' Scenic and Historic Areas, and Natural Resources. To conserve open
space and protect natural and scenic'resources.
. \"
These amendments do not create or amend the city's list of Goal 5 resources, do not amend a
,code provision adopted in order to protect a significant Goal 5 resource or to address specific'
requirements of Goal 5, and do not allo\V new uses that could beconflicting uses with a
significant Goal 5 resource site. 'The proposed ordinance involves a legislative action which
establishes procedures for review of specific' applications. As such, the proposed code
. amendment will not result in any a~tionaffecting compliance with this goaL Therefore, the
amendment is consistent with Goal 5.
'Goal 6- Air. Water and land Resource Oualitv. To maintain and improve the quality of the air. '
water and land resources of the state.
The amendments to not affect the City's ability to provide for c1eanair, water or land resources. '
The proposed ordinance involves a legislative action which e'stablishes procedu'res for review of
specific applications: As such, the proposed code amendment will not result in any action
affecting compliance with this goal. Therefore, this amendment is consistent with Goal 6.
I.
Goal 7 - Areas Subiect to Natural Disasters and Hazards. To Protect lif~and prope~ty from
natural disasters and hazards.
The amendments do not effect the City's restrictions on development in areas subject to natural
.' . .. \
disasters and hazards, Further, the amendment does not allow for new development that could
result in a natural hazard. The proposed ordinance involves a legislative action which establishes .
procedures for review of specific applications. As such, the p'roposed code amendment will not
result in any actio~ affecting compliance with' this goaL Therefore, this amendment is consistent
with Goal 7.
Goal 8 - Recreational Needs. To satisfy the recreational needs of the citizens afthe state and
visitor~, and where appropriate. to provide for the siting of necessary recreational facilities
including destination resorts. '
" (
The plan amendments do not effect the ciiy's provisions for recreation areas, facilities or
recreational opportunities. Theproposed ordinance involves a legislative action which
establishes procedures for review of specific applications. As such, the proposed code
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amendment will not result in any action affecting compliance with ,this goaL Therefore, this
amendment is consistent with Goal 8.
Goal 9 - Economic Develovment. To provide adequate opportunities throughout th'e' state for a
variety of economic activities vital to the he~lth, welfare, and prosperity of Oregon s citizens.
. .
The amendments do not impact the supply of industrial or corrimerciallands. The proposed
. ordinance involves a legislative action which establishes procedures for review of specific
applications. As such, the proposed code amendment will not result in any action affecting
compliance with this goaL Therefore, the amendments are consistent with Goal 9.
, Goall 0 ~ Housinf!. To provide for the housing needs of citizens of the state. ,
The amendments do not impact the supply ofresidentiallands. The proposed ordinance involves
a legislative action which establishes procedures for review of specific applications. As such, the
proposed code 'amendment will not result in any action affecting compliance with this goaL
Therefore, the amendments are consistent with Goal 10.
GoallI- Public Facilities and Services.To plan and'develop a timely, orderly ~nd efficient
arrangement of public facilities and services to serve as a framework for urban and rural
development.
'The cities of Eugene, Springfield and Lane County have adopted the Public Facilities and
Services Plan (PFSP) which serves as a primary toolfor implementing a regional strategy
consistent with this goal: The proposed ordinance will not impact the PFSP, and in fact, 'Nill
compliment this plan as a means to carry out many of its principles. .
The proposed ordinance includes approval'criteria which require that annexation applications are
consistent with 'adopted plans, such as the PFSP. In addition, the criteria require that annexation'
sites will have services which can be provided in an orderly, efficient and timely manner.
Therefore,it is concluded that the proposed ordinance is not only consistent with Goalll, it
, helps to further its implementation.
"
Goal 12- Transvortation: To provide and encourage a safe. convenient and economic
transportation system.
The proposed code amendment does not affectthe provision 'of safe, convenient and economic
transportation systems and do' not significantly affect any transportation' facilities. The purpose
of the proposed ordinance is to reply to a state mandate requiring local jurisdictions in Lane
, County to assume responsibility for processing annexatiol! requests.
The proposed ordinance involves alegislative amendment establishing city-wide procedures for
. annexation applications. There are no amen4mentsproposed to other adopted PIJjare a~eCe;ved
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there ,my geographically specific amend~ents that would change the functionalchissification of'
an existing or plarmed transportation facility, or change the standards implementing a functional .(,
classification system. As a citywide legislative action focused on procedural requirements, this
ordinance does not inchide any provisions that would affect the functional classification or
performance of any transportation facility at the end ofthe plarming period (2015).
Forthe reasons described above;.the proposed ordinance is consistent with Goa112. ,
Goal]3 - Enerf!V Conservation. To conserve energy.
. ,
, The amendmeilts do not impact energy conservation. The proposed ordinance involves a
legislative action which establishes procedures for review of specific applications. ,As such, the
. . proposed code amendment will not result in any action affecting compliance with this goaL
Therefore, this amendment is consistent with Goal 13. '
Goal 14- Urbanization. To provide for an orderly and efficient transition from rural to ,urban
land use.
, The proposed code provisions ensure that future annexations will be undertaken to provide. for an .
orderly and efficient transition ofurbanizable landio ur~an land. The City's acknowledged
comprehensive plan contains substantive policies that, under the code amendments; will continue
to guide the city's .future determinations as to whether tolannex specific territory. As such, the
proposed code amendments are consistent with Goal 14~
" '
, ,
, ,
, ,
Goal 15 - Willamette River Greenwav. To protect; conserve, enhance and maintain the natural,
, scenic, historical, agricultural, economic 'and recreational qualities of lands along ihe
Willwilette River as the Willamette River Greenway. , , ' ,
The amendments to not contain any changes that affect the regulation .of areas within the
Willamette River Greenway. The proposed ordinan<;e involves a legislative action which
'establishes procedures for review of specific applicati()n~. ,As such, the proposed code
. I . .
amendment has no material impact related to this goal. Therefore, this amendment is consistent.
'with Goal 15. .
Goals 16 -19. Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and Ocaen
resources.
These Statewide Plarming Goals do not apply to the actions taken.
, ,
, .
The amendment i~ consistent with applicable provisions of the Metro Plan' and
applicable adopted refin'ement plans. . '
The proposed ordinance shifts the procedural requirements of annexation applications from the
(2)
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Boundary Commission to the local jurisdictions ofL~ne County, as required inlSenate Bill 417..
This ordinance will maintain and enhance the City's ability to implement Metro Plan policies
such as the following: I
The UGB and sequential development shall continue to be implemented as ~n essential
means to achieve compact urban growth. The provision of all urban services sha'll be
concentrated inside the TjGB. (Metro Plan policy 1, page 11-C-3)
Land within the UGB may be converted from urbanizable to, urban only through
annexation to a city when it is found that:
a, ' A minimum level of key urban facilities and services can be provided to the areQ in an
orderly and efficient manner.
b. There will be logicaz'area and time within which to deliver urban services and
facilities. Conversion of urbanizable land to urban shall also be consisteni with the
. Metro Plan. (Metro Plan policy 8, page II-C-4/
Annexation to a city througH normal processes shall continue to be the highest priority.
(Metro Plan policy 10, page II-C-4)
. 't . -
, Ultimately, land within the UGS shall be annexed to a city and provided with the required
minimum level of urban facilities and services. While the time frame for annexation may
vary, annexation should occur as land transitions from urbanizable to urban. (Metro Plan'
policy 16, page II-C-5). , ,
The proposed ordinance requires that all allilexations be consistent with the Metro Plan and other
adopted refinement plans. This criterion of approval will ensure that each application for '
allilexation individually demonstrilte compliance 'with these adopted plans. Based on this
requirement and the fact that no amendments are proposed to any adopted plans, the proposed
code amendment will be consistent with this criterion. 1"
(3),
The amendment is consistent with EC9.3020 Criteria for Establishment of an S
Special Area Zone, in the cas~ of establishme~t of a,special area zone.
The,proposed amendments do not establish a special area zone. Therefore, this criterion does not'
. apply to this code amendment
v
I With the abolition of the Lane County Boundary Commission, annexations in Lane County will be subject to .
different statutory criteria arid procedures than those applied by the Boundary Commission, The co-adopters of the
Metro Plan will, through a future action, consider changes to the MeiroPlan to address the differe'l"'\s. t R ., d
. '., .' . Ua e ecelve
OCT 1 6 200'f
Planner: 'BJ
\
74th OREGON LEGlSLATrvEASSEMBLY--2007 R~gutar Session
-.
,
Enrolled
Senate Bill 417
Sponsored by 'Senator WALKER, Representatives BARNHART, C EDWARDS
CHAPTER
AN ACT
Relating to boundary commissions; creating' new provisions; "amending ORB 183.315, 183.635, 199.430,
199.432, 199.457; 267,207 and 267,263;' repealingORS 199.425, 199.458 and 199.459; and appropri-
ating money.
Be It Enacted by the reople of the' State of Oregon:'
SECTION 1. (1) The local government boundary commi~sion ha~ing jurisdiction in Lane
County is abolished. On the: operative date of this sectiOJi, the tenure _of office of the mem-
bers of the commission an,d of any advisory committee. appointed by the commission ceases.
. (2) All .the duties, functions and powers of the commission are abo.lished.
SECTION 2. (1) The members of the local government boundary cODunission 'having ju-
risdiction in Lane County shall:' --....
. (a) 'Deliver to the State ArchiVist all records within the jurisdiction of the commission
that ,relate to the duties, functions and powers abolished by sectionrl of this 2007 Act except
as provided ill' section 4 of ,this 2007 Act; and. "
, (b) Terminate those employees engaged primarily in the exercise of the duties, functiOlis
and po~ers abolished by section 1 of this 2007 Act.
(2) The State Archivist shall tak,e possession of the records described in subsection (1)(a') ,
of this section for archival purposes.
(3) The Govemor shall re!!,olve any ,dispute between the 'commission and 'the State
Archivist relating to tr~nsfers of .records. .
SECTION, 3, (I) The Lane C';unty Local Government Boundary Commission Fund is "
abolished. '
(2) The unexpended moneys in the fund and' th~ 1Ulexpended balances of am~unts au-
thorized to be expended by 'the. local government boundary co~ission having jurisdiction in
Lane' County for the bie~um beginning July: 1, 2007, from rev~nues dedicated, contimio~sly
appropriated, appropriated o~ othe~se made available for the purpose of admiriistering and
enforcing the duties, functi()ns and powers abolished by section 1 of. this 2007.Act are ap.'
propriated and transferred to Lane County for:
(a) Payment of costs incurred in relatio;n to' an action" proceeding or prosecution de:
scribed in section 4 of this 2007 Act or a liability, duty ~r obligation described in section 5
of this 2007 Act; and '
(b) Equitable distribution to local governments, as defined h. ORS 174.116, within Lane
County in the manner hi which service ch~ges were assessed and collected from' cities,
counties and districts: within the Jurisdiction of the loc,al government b?undary commission,
Enrolled Senate Bill 417 (SB 417-A)
Page 1
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for the purpose of paying the cdsts of tho.se local governments that are associated with fu-
ture boundary changes. '
(3) If the ~expended moneys described in subsection (2) of t~is section are not adequate
to, make the payments required by subsection (2)(a) of this section, Lane County may assess
and collect charges from ci~ies, counties and"districts within the jurisdicti~n of the local
gove~ent boundary commission in the manner describeq. in ORB 199.457 to make the pay-
ments. '
(4) The expenditure Classifications, if any, established :fly Acts authorizing or limiting
expenditures by the commission remain applicable to' expenditures by a local government ill
Lane County.
SECTION' 4: (1) The abolishment of the duties, functions and powers of the local gov-
ernment boundary commission having jurisdiction in Lane, CoUnty by section 1 of t.his 2007
Act does not affect any action, proceeding or prosecution involving or with respect to those
duties, functions' and powers begun before and pend.i.Dg at the time o'f abolis~ent, except
that: I
(a) The appropriate' city is substituted for the conimission in an action, proceeding or
prosecution relating to a c~ange in the boundary of. tha't city; and .
(b) Lane County is sub~~ituted' for the ,commission1in all other actions, proceedings or
prosecutions. . I .
(2) The members of the commission shall deliver to:
(a) The ~Pr--r~:ate city within Lane County all re~ords and property within the juris-
diction of the' commission that relate to a pending actiop, proceeding or prosecution relating
to'a change.'in the boundary of that city; and '
(b) Lane County all other .records and property wit~in the jurisdiction of the commission
. that relate 'to a pending action, proc~eding or prosecution.
(3) The commission shall dispose of or deliver-all other property, or proceeds of the dis-
pos;" of the property, to Lane Co~nty. l, "
SECTION 5. (l) Nothing' in sections 1 to 6 of tbis 2007 Act, the amendments' to ORS
183.315, 183.635, 199.430, 199.432, 199.457, 267.207 and 267.263 by sections 8 to 14 of this 2007
Act and the repeal of ORS 199.425, 199.458 a';d'199:459 by section 15 of this 2007 Act relieves
. a person of a liability, duty or ob~igation accruing under or with respect to t.he duties, func-
tions and powers abolished by _ section 1 of this 2007 ~ct. Lane County - may undertake the
collection or enforcement of the liabilities, duties or obligations. '
" (2) The rights and obligations' of the local governm~nt boundary commission having ju-
risdiction in Lane County "legally incurred under contra~ts, leases and bU:siness transactions
executed, entered. into or begun before the operative date 'of section.l of this 2007. Act are
transferred to Lane County~ For the purpose of succeskion to these rights and obligations,
Lane County ,is a continU:ation, of the commission a.n:~, nrit a new authority. .
SECTION 6. Whenever, in an uncodified law or resolution -of the Legislative - Assembly
or in a rule, Qocument~ record or proc_eeding authorized by . the Legislative Assembly, refer-
ence is mad~ to the local 'government ,bound~ co~i.ssion having jurisdiction in Lane
County or' a :member or employee of th~ coinmission, the reference is c~nsidered to l?e, 'as
'appropriate, a reference to Lane County or an officer or employee of Lane County, or a city
within Lane County or an offi~er or employee of ' the city. .
SECTION 7, On and after 'January 2; 2008, a boundal-ychange, as defined in ORS 199.415,
must be processed as provided in .the appropriate provisions of ORS chapters 195, 198, 221
or 222.
SECTION 8. ORS, 183.315 is amended to read: '
183.315. (1) The provisions of ORS 183.410, 183.415, 183;425, 183.4.40: 183.450, 183..452, 183.458,
183.460, 183.470 and 183.480 do not apply to local government boundary commissions created pur-
suant toORS [199.425 orl 199.430, the Department of Reven~e, State Accident Insurance Fund Cor-
poration, Department. of Consumer and Business Services with respect to its functions under ORS
,
. Enrolled Senate Bill 417 (SB 417.A)
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Date Received
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chapters 654 and 656, Psychiatric Security Review Board or State Board of Parole and Post-Prison
Supervision.
(2) This chapter does not apply with respect to actions of the Governor authorized under ORB
chapter 240 and ORS 396.125 or actions of the Adjutant General authorized ;'nder ORS 396.160 (14),
(3). The provisions of ORS 183.410, 183.415, 183,425, 183.440, 183:450, 183.452, 183.458 and 183.460
. do not apply to the Employment Appeals Board or the Employment Department.
(4). The EmploYment Department shall be exempt [rom."the provisions of this chapter to the ex-
tent that a fornial finding of the United States Secretary of Labor is made that such provision con~ .
flicts with the terms ~f the federal law, acceptance of which by the state.is a condition prece"dent
to cant"inued certification by the United' States Secretary of Labor of the state's law.
(5) The provisions of ORS 183.415 to 183.430, 183.440 to 183.-460, 183A70 to 183.485 and 183.490
to 183.500 do not apply to..orders issued to persons who;
(a) Have' been committ.ed pursuant to ORS 137.124 to the custody of the Department. of Cor-
rections or are otherwise confined in a Department- of Corrections facility; or
. (b) Seek to visit an. inmate confined in a Department of Corrections facility.
(6) ORS 183.410, 183.415, 183.425, 183.440, 183.450, 183.460, 183.470 and 183.482 (3) do not apply
to the Public Utility Commission. Notwithstanding ORB 183.489 and except as provided in ORS'
757..495 and 759.390, only a party to a' heari~g before the Public Utility Commission is entitled to
seek judicial review of an order of the' commissiori. . .
(7) The provisions of this c.hapter do not, apply to 'the susp~nsion; ca"ncellation or termination
of an ~pprenticeship or training agreement under OR.S 66.9.Q60'-
(8) The- provisions of ORS 183.413 to 183.497 do not apply to administrative proceedings con-
ducted under rules adopted by tlie Secretary of State under ORS 246.190.
SECTION 9. ORS 183.635 is amended to read:
. 183.635. (1) Exc:ept as pr~vid~d in this .s~cti~ri, -all agencies must use administrative .law judges'
assignedJrom. the Office ,of Administrative Hearings ~s~ablished 'under ORS 183.605 to 'conduct' con-
tested case' hearings, without 'regard to whether those hearings are 'subject to the procedural re-
quirements for contested case hearings. ."
'(2) The. following 'agl?ncies need not use' administrative-law judges assigned from the office:
(a:) Attorney General.
,(b) Boards of stewards appoint~d by the Oregon Racing Commission. . .
(c) Bureau of Labor and .Industries and the COInmissioner of. the Bureau of Labor and Industries.
(d) Department" of Corrections. ..'
(e) Department of Education, State Board of Education and Superintendent of Publi~ Instruction.
(f) Depart~ent of Higher Education and institutions of higher education. listed in ORB 352.002.
(g) Department of Human Services for vocational :r:ehabilitation services ~ases under 29 U.S.C:
722(c) and disability determination cases under 42 U:S.C. 405.
(h). Department 'of Revenue.
. (i) Department of State Police.
OJ Employment Appeals Board: ,
(k) Employment Relations Board.
(L) Energy Facility Siting Council.
(m). Fair Dismissal Appeals Board..
(n) Governor.
(0) Land Conservation and Development Commission.
(p) Land Use Board of Appeals, . .'
(q) Local government boundary' commissions created purs~ant to ORS [199.425 or] 199.430.
(r) Oregon Youth Autho'rity. .'
(s) .Psychiatric Sec~rity Review Board.
(t) Public Utility Commission.
(u) 'Secretary of State.
(v) State Acci~ent Insurance Fund CorporatiC!n.
(
/Enrolled Senate Bill 417 (BB 417-A)
Page 3
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(w) State Apprenticeship and Training Council.
(x) State Board of Parole and Post~Prison Supervision.
(y) State Land Board,
(z). State .Treasurer.
(~a) Wage an~ Hour Commiss~on.
(3) The Workers' Compensation Board is exempt from using administrative law judges assigned
from the office for any hearing conducted by the board un~er ORS chapters 147, 654 and 656. Except
as specifically pr!Jvided in this subsection, the Department of Consumer and Business Service~ must
'~se administrative "law judges' assigned from the office only for contested cases arising out of the
department's powers and duties under:
(a) ORS chapter 59;
(b)ORS 200,005 to 200,075;
. (c) ORS chapter 455;
(d) ORS chapter 674;
(e) ORS chapters 706 to 716;
(I) ORS 'chapter 717; .
(g) ORS chapters 722, 723, 725 and 726; and
(h) ORS chapters 731, 732, 733, 734, 735, 737, 742, 743, 744, 746, 748 and 750.
(4) Notwithstanding any other provision of law; in any. proceeding in' which an agency is re-
quired to use an administra~ive law judge assigned from the office, an officer 'or employee of the
agency may IJ.ot conduct the hearing on behalf of the agency.
. (5) Notwithstanding any other provision of OR€; 183,600 to 183,690, an agency isnot required
to use an aqministrative law. judge assig~ed from the office !if: .
(a) Federal law requires that a different administrative ~law judge or hearing ~fficer be use4;' or
.(b) Use of an administrative law judge from the office could result in a loss of federal funds.
(6) NotWithstanding any other provision of this section, the Departmen't of Environmental
Quality, must use administrative law,judges "~$signed f~om the office only for contested case hearings I
conducted under the provisions of ORS 183.413 to 183.470, I " .
'. SECTION 10. ORS 199.430 is amended to read:
199.430. (1) [Outsid~ the areas described'in ORS 199.42.5,]'A boundary commission may b~ created'
as provided by this section with territorial jurisdiction in oile county or in two or more contiguous
counties. A commission may be created by: . I
(a) Similar resolutions creating a ,commission adopteq by the county board of each of the coun.
ties within the jurisdiction of the commissio~j or . .
(b) Similar petitions, signed by the electors of each codnty within. the jurisdiction of the pro-
posed commission, requesting the creation of a commission having jurisdiction within the ,counties,
filed with and approved by order of the county boards of' each county in the jurisdiction of the
commission, ) . , ,
, (2) Ea~h petition filed with a coun,t! board"r~questing c:reation of a boundary commission shall
'. be signed by not less than 10 percent of the registered electors of the c:ounty. The petition shall be
'approved by the county board if it finds that the: needs of the local government units in the territory
described' in the petition and the public interest, would be benefited by the~ .esta~li.shment of a
boundary commission to carry out the purposes described by ORS 199.410,
(3) A resolution creating 'or an order approving the creation o[.a boundary commission. is ef.
fective on: . I .
(a) The date the last county board in the jurisdiction of the commission adopts the resolu~ion
or order; or '
(b) The date specified ill; the order, or resolution, but not more'tha'-:l 60 d~ys ~fter the adoption
of the resolution or order.
(4) When a commission is created under this section, copies of the resolution~ or orders of the
county boards shall be filed with the Governor, the Secretary of State, and the county clerk and the
assessor of each county within the jurisdiction of the commIssion. .
, . . I
Enrolled Senate Bill 417 (SB 417-A)
Page 4
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(5) A commission .created as provided by this section shall not have jurisdiction of any pro-
ceeding initiate4 prior to the effective date of the. resolution or order cr~ating such co~mission.
SECTION 11. ORS 199.432 is amended to read:
199.432. (1) A boundai-y commission created' under ORS [199.425 or] 199.430 may sue and ,be sued,
en~er into contracts and perform such other acti.ons as may be necessary to carry out t~e .provisi<!ns
of ORB 199.410 to 199.534.
(2) A boundary commission is a state agency as defined in ORS 291.002 and is not subject to the
'provisions of ORS 291.201 to 291.226, 291.230 to 291.260, 291.371, 291.373, 291.375 or 291.385,
(3) A bounda:ry commission employing personnel under ORB 199.455 shall provide employee.
benefits provided to state management ~ervice employee.s.
SECTION 12. O~S 199.457 is amended to read:
199.457. (1) Any county located within the jurisdiction of a boundary: commission may levy taxes
and expend funds for the purposes of ORS 199.410 to 199,534, ' '
(2) A boundary commission may accept any funds, property or services, or the use .of any prop-
erty donated by any person, district, city or comity.in carrying out the purposes of ORB 199.410 to
199.534. ,.' c_
(3) A boundary commission, with the approval of the aqyisory committee appointed under ORB
199.450; may establish and collect reasC!nable service charges,'from persons, .cities, the county or
counties and special districts within its juris~iction to defray the costs of operating the commi?sion
and carrying out the purposes of ORB .199.410 fo -199.534. Such charges shall includ~. but not be
" limited- to, fees for filing a petition or resolution for a boundary change with the commiss.ion.
(4) In addition to any servi"ce charges estab~ished under subsection (3) of this section, a bound-
ary commission may determine it is necessary to charge cities and counties. within its jurisdiction
for services and activities carried out under ORS 199.410 .to 199.534. If the commission.' determines
. that it is necessary to charge cities .and counties' within its jurisdiction for any fiscal year, the
commission shall determine, .with .the approval. of the advisory committee appointed und'er ORS
199.450, the total amount to be charged and sh~ll assess each city and county with the portion of
the total" amount as the population ,of. the. portion ,of the city or county within the jurisdiction of the
commission bears to the total population of the area within the jurisdiction of the commission. For
the purp~ses ~f this subsection, the population of a c.ounty. does not, include the population. of. any
city situated within the boundarIes of that count~. [An.a"ssessment made under this subsection shall
not exceed 21 cents per capita per year for a. boundary commission created pursuant to ORS .199.425.]
(5) In addition to any service charges, established under subsection (3) of this section, a bound.
ary commission may determine it is necessary to charge districts within its jurisdiction for services
and activities carried out under ORS 199.410 to 199.534. If the .commission aetermines that it is
necessary. to charge districts. within its jurisdiction for any fiscat" year, the ~ommission shail deter-
mine,_ with-the approval of the advisory committee appointed uq.der ORS 199.450, the total amount
to be. charged and shall assess each district . with the portion of the total.amount as the assessed
:valuation of the d-istrict within the jurisdiction of the comI?ission bears to the total assessed '-valu-
ation of all districts within the jurisdiction of the c9mmission. [For purposes of this subsection, the
assessed vciluati~n of inactive or nonfunction~i~g. distn"cts shall not be included. in thi? total assessed
valuation of all districts and su'ch districts shall not be. assessed. For a boundary commission 'created
pursuant. to ORS 199.425 any district with an assessed valuation over $1 billion shall be a~sessecf a
flat rate of $2,500 per year and such district's assessed valuation shall not" be included in the total
assessed valuat~on of all districts within the jurisdiction of'the commis?ion. An assessmen~ made under
this subsection shall not exceed 0.00878 dollars per thousand dollars of assessed valuation per~year for
a boundary commission created pursuant to ORB 199.425.] However, assessments shall not be made
by a boundary.commission under this subsection against 'a:highway lighting district organized under
ORB chap~er 372, a vector control district organized under ORS chapter 452 or a county service
district organized under ORS chapter 451 for the purpose of providing street lighting works or
vector conj;rol. .
(
, Eniotled Senate Bill 417 (SB 417-A)
Page 5
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Date Received
OCT 1 6 200.'1.
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(B)-For each fiscal year beginning on or after July 1, 1982, the commission shall notify each city,
'county. or district governing body of-its intent to, levy:an assessment under. thi~ section anq the
amount of the assessment for each city, county and district at least ,120 days before the beginning.
of the - fiscal year for which the assessment will be made.
(7) The deCision of the commis!?ion to assess the cities; counties and districts within its juris-
diction, and the amount of the assessment' upon each, shall be binding upon those government"al
bodies. Cities, counties and districts a-hall pay their assessment in equal quarterly payments ~s the
commission may require" except that any city or district with a total annual assessment of less than
$100 shall pay the total assessm'ent in one installment at the time specified for the second"quarterly
paymeI?-t. "
(8) When a city or district located in a county outside the jurisdiction of a boundary 'commission
annexes or otherwise incorporates" territory located ,within the jurisdiction of a boundary commis-
sion, the boundary commissi.OIl shall assess the city or district- with tl~e portion of the total amount
determined under subsection (4) or (5) of this s.ection as th-e assessed valuation of the territory of
the city or district within the jurisdiction of the boundary commission bears to the totai assessed
valuation of the entire city or district.
SECTION 13',ORS 267.207 is amended to read: , , " ,
267.207.' (1) The board of d~rectors of a mass transit, district may alter the territorial boundaries
of the district by a nonemergency ordinance adopted at any; regular meeting:
, . , - I
(2) If an ordinance annexing territory to a distr~ct is initiated or referred by, or referred .to, the
electors of the district, it shall not take eff~ct unless" approred by a majority of the electors regis-
tered in the territory proposed'to be annexed. to t~e district votin~ on the question and by a ma-
,jority of the electors of "the district. voting on the question. _" .
"(3)(a)_ The board of directors of a mass, transit district.. as a result. of the continuing' compre-
hens~~e transportation planning process required ~y the Fe~eral Trans.it Administration, shall de-
termine annually ~he territory in the district ~thin which! the transit system of the district will r
operate. When the board determines during such. planning process for any fiscal year that it will
not provide transit service during that fiscal year to an area presently within the district, the board
shall by ordinance withdr~w from that area on the date specified in the ordinance, and that area
shall no longer'be- part of the district, 'The board shall by ordina~ce set forth the criteria to be used.
in making the determinations described in' this subsection.
(b) Subject to "p~ragraph, (a) of this subsection, the territorial jurisdiction of a district"shall in-
clude:
. (A) ~l territory located within the boundaries of a - metropolitan service district;
(B) Each census tract within which the. transit system of the district operates, or such smaller
portion C!f the tract as determined by the bO,ard; -and I
(e)" If so deter!Uined by. the board of directors, any territory-located within tw~ "and one-half
.miles or less of the transit system of the district or any rO,ute used by that system for the trans-
portation of passengers"
(4) If a.ri ordinance withdrawing. territory from a district is initia~ed or referred by, or referr~d
to, the electors of the district it shall not take effect-unless. approved by a majority of the- electors
of the entire district voting on. the question. ..'
(5) [No'twithstanding ORB 19~.425,] The alteration of the boundaries of a district under this
sect~on [shall not be] is not subject to the j~risdiction or reyiew of a local ~overnment boundary
c.ommission.
SECTION 14. ORS 267,263 is amended to read: ,
267,263, [Notwithstanding ORS 199.425,] The alteration of the boundaries of a district under ,ORS '
267.250 to 267,263 is not su~ject to the jurisdiction or review of ,a local government boundary com.
mission. " ". , _,
SECTION 15; ORB 199.425, Ui9.458 and 199.459 are rePealed. ,
SECTION 16. (I) Sections I, 3, 5 and 6 of this 2007 Act, the amendments to ORB 183.315,
183.635, 199.430, 199.432, 199.457, 267.207 and 267.263 by sections8 to .14 of 'this 2007 Act and
,',
Enrolled Senate Bill 417 (SB 417-A)
Page' 6
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.the repeal of ORB 199.425, 199.458 and 199.459 by section' 15 of this 2007 Act become operative
. on July 1, 2008.,
(2) Lane County, cities within Lane County and the local governmentboundary coinmis.
sionhaving jurisdiction in Lane' County may take any action necessary under sections 2, 4
and 7 of this 2007 Act before the. operative date of sections 1, 3, 5-and 6 of this 2007 Act, the
amendments to ORS 183,315, 183.635, 199.430, 199.432, 199.457, 267.207 and 267.263 by sections
8 t;' 14 of this 2007 Act and the repeal of ORB 199.425, 199.458 and 199.459by section 15 of this
2007 Act.
Passed by Senate April 16, 2007
Received by Governor:
,
.....................M.,..
'..............,' 2007
Secretary of Senate
Ap~roved:
..........,..M.,
.........,2007
President of Senate
Passed by House May 10, 2007
Governor
Filed in Office of Secretary ,of State:
Speaker of House
......M"..
...." 2007 .
)
/
Secretary of State
"
,
Enrolled Senate Bill 417 (BB 417-A)
Pl!lge 7
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Date Received
OCT1 6 200t):
Planner: ~J
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RESOLUTION 1'10, 4903
A RESOLUTION AMENDING THE ADMINISTRATIVE
GUIDELINES FOR ANNEXATIONS ADOPTED', BY
RESOLUTION NO, 4358 OF TliE CITY COUNCIL.'
''\
'\
The City Council of the City of Eugene finds that:
A. Administrative Guidelines for Annexation Proposals. (the Guidelines) were
adopted by Resolution No. 4358 of the City Council on January 25, 1993. The Guidelines,
which were attached as Exhibit A to Resolution No. '4358 were adopted as .City policy to be
utilized, together with such other criteria as may be required under state law and adopted City
policy, in the formation, processing and adjudication of annexation proposals. .
B. Copies of Resolution 4358, including its Exhibit A, were forwarded to the City's
PlanniIig Commission,' Planning and Development -Department, and other affected City
, departments to ensure the Guidelines were cOIJsidered and evaluattid in the processing and
development of annexation proposals to be initiated before the Lane County Local Government
. Boundary Commission. .'
C. The second paragraph under the Annexation Initiation and Formation Guidelines
section of the Guidelines. sets forth the conditions under ,which property owner initiated
annexatiqn requests should be expanded to include road rights-of-way or public land. The City
Council has directed that the city manager halt the practice: of adding right-of-way to annexation
requests in the River Road/Santa Clara area where suer' additions would' create islands of
unincorporated properties, and the Guidelines should be amended to explicitly recognize this
direction. " "
NOW, THEREFORE,
- 1
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY' OF EUGENE; a'
MuniCipal Corporation of the State of Oregon, as follow,S:
Sectionl,. Based on the above findings, which are\hereby adopted, the lead sentence for
the second paragraph under the Annexation Initiation and; Formation Guidelines section of the
Guidelines attached as Exhibit A to Resolution No. 4358 is amended by revising and adding
language toread as follows: I
"Under any of the following conditions property owner initiated annexation
. requests may be expanded to include road rights,of-way or public land except
where adding right .of way would create islands of unincorporated properties in .
the River Road/Santa Clara area."
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OCT 1 6 ZOO;'\
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Section 2. ,The City Recorder,is requested to append a copy of this Resolution to
Resolution No. 4358, and to forward copies to the City's Planning'Commission, Planning and
Development Department, Lane County Local Government Boundary Commission, and other,
affected agencies or departments..
. Section 3. Except as herein amended, all other'provisions of Resolution 'No. 4358, and
the Administrative Guidelines for Annexations adopted therein, remain in full force and effect.
Section 4. This Resolution shall become effective immediately upon its adoption.
. ' ,
(
The foregoing Resolution adopted the 11th dayof April, 2007.,
~~\(1 \t,{~,l (~,
Ci~Recorder
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Date Received
OCT '6 200:1
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Resolution - 2
28
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Date Received
OCT 1 6 2001
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RESOLUTION NO,'1358'
A RES@J]""4'.l\!JI..[ MJ01!TlNG'
~NNiE~1fI(i}N P.ROt!<:)"S\,\{hS
..' -'- - ,
l$ilt~tJu,..i0}H~'O. 400~. '
G"UI~J:JNES FOR
AND RE~EA,LING
I
.
'mDe;;lSitt/€!mlnl;il.oft1I1eGity of Ell gene finds that:
. _ t . ' .
, ,1. I1ndl!t;, ORS 199[499 proposals for annexation of territory to theGily of
E\Jg!iir~. l11ay be initliitetl-. "~fote ,the Lane County LOcal GovemmentBbtilrdilty
~mm1$slbl1"bYi'propeFty -..:",....s ar-by resolution af'theCity COull'cil. '(
.,2. Itr'atidet toinsutethat, the areas proposed to, be annexed are Id&lMl.ilfid
, ,r!fi(~Yljj~l5Jlt, 'areas' for annelClltion tIte COuncil, by Resolution No. 4002 a:dopflM 'on
", ' ",~.;'~1f.Qtijip'el'i 11.'1)986. adopted starrdardsapd guidi$lilres govettling the fOMatit.ln of
" "":!anit~floh";'t66Sllls. '
, ~ij~~a~:~';~r';"~7:;11{F'Jl p. ,
. revisions ,;t~" . thcrs, 'e
._" .0.0
N6WIT,j:fbiU],u~
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'p';' ,:,~j);~1IDi'~S~~"V;~'!I~~!lfl-iE",~'t<i.W,<<(ifO'N<m;'(lF 'lHEf'€FFY OF E{j'G_;~a
'~M1i,llT~fWirlia!l~$lill!l"ot4'iiie';;StafG"lit;((\jreg-Otij'ii's;toll(jWs:' '
-:-'t :>":'. -. . . ." \
,:"i. ", " ., ,',SNltliln1l>1:> ,Biised.itpon4h'ea:lXive ,findings; which are adopted lieteiil;Wesoliitibfi
"NOF4iJQtlilffi'&tIfe'lgtJldtilillesi;forannexation"prop0sals'alloptedlherein", is' 'herebY'fl!pj!aletl.
',' ", ,', ";~~iOii',,2.. 'Fli.e AclTriinistratiYe Guidelines for AjrnexaiiolI Ptopo$ll1saf\ltehedil,s
;~f~\tl~41e'tettl';ai1d'incat'PO'rlitedhetein'by referen'Ce are adt5Jlfed.as tliepo1iey af'llte
,1($fiY,-ofilEtlg~ne,t(j"be utilit.ed'ifi,.the. fOrD1aliiiln, praceSSit)g.and"adjudiClltion,(jf'liiffiexati/jji!
"P:t~P(cjrgllsvfo-getllet'witll suefHjther 'criteria 'asmaY'berequit~d'tobeap'plied-1ii'ldet'Sffite'
Ali:W~lilj:j1?;a'd9Pted,Gity,ptllicy. Theseguidelifles shull be oortSldered and evaluawa~by .the
sl@'jiA'I!annmgGdmnUssion; and Git}' Council in the prareiSing aild development (jf
iliW~il!l(iMi',ur"laJs to be initiated before the Lane County :.ocalGovemment'Bounllaty
&0thnrti;sion.
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, SeCtion 3. '[be City Recorder is requested to forward 'a copy of this Resolution to
, the Planning Commission, Planning and Development Department, and other affected
agencies or d.epartments. .
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OCT 1 6 200n
Planner: BJ'
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Exhibit A
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ADMINISTRA'ITVE G{JlutlL.INEl;; FOR ANNEXATIONS
:i\'itllmtatinn1!tiK!essiM ,Gnldl!lines
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A:ili1:~tation p~('lposals meeting all of the following criteria should be processed through the .
'Boundary- Coinmlssion process rather than the fur. City process.
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'Yhe allnexation proposal is consistent with criteria iri the Eugene Code and policies
. in. the Metropolitan Plan pertaining to anneXlltion.
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The l".,~,,"'o~dcity zoning is consistent with the Metropolitan I'1an and applicable
n.eighborhood refinement plan.
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tJ ')k' :~;. l!Tft:cJ~ti'ii~y:,of:~e:f(jl1owing conditions the City should initiate annexation of property within
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:', '; _' .'" ' AilneJ<liflBil' of; th<:>m:\m 1~ <;on~i.t'wt mlJj'llj&!U~d annexation agfWWGntli Qf wiill an
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'tiiideI1 atty! of the ftillowilig conditiolls property owner initiated annexation requests should
'b~e;tplfitded Ici} include road right&'<Of-way or public land.., '
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Annexation.l'lf rQad righ;. ,,~. ".../Wlll Simplify the development process and eliminate
dual pemrllting .and inspection processes invOlving both the City and the County.
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Annexation of road rights-of-Way will clarify exis1irtg jurisdictional boundaril!$.
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Annexa1ion of road. rigl\1s-of-way Will provide far the m.ost efficient service delivezy
boundaries possible under the current increm.ental annelGltian process. .
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Publicly owned Iandis adjacent to the pronosed ~exation area and the responsible
public agency supports anneXlltian of the property.
Administrative Guidelines - Annexation
Page 1
Date Received
OCT 1 6 200:f,
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RESOLUTION NO. < >/ \'-, '/--.:
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A RESOLUTION REPEALING RES'OLUTION NO. 2448
ADOPTED.OCTOBER 13, 1975 ,AND ADOPTING A RE-
VISED WATER POLICY FOR THE CITY OF EUGENE.
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The Common Council of the City of ' Eugene' finds that: .
The. power of the ~ity to maintain and operate, a water utility
is vested by Charter in the Eugene Water & Electric Board ,(EWEB)
subject to regulation by the City Council. The primary purpose
and ,major duty of EWEB is to ,provide service to the residents of
the City. The City does not'intend ordinarily.to-supply service
beyond the corporate limits of the city. .Water may be supplied
to n"n~",c; Cls.nts Qnl v if the, City has anample__s_uP-1?~}C_J.Q'r..,_its own
present and future use and on'ly in accordance wi th__<;ldup.teo d ty
water J>9licy':: Although the policy is riot fni:'ended to prohibit
'extension absolutely and in every' instance, it is intended to
limit the extension of public water service to those instances
where extraterritorial extension is in the best interests of the:
City.
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On October 13, 1975,the council adopted a Resolu,tion which
authorized extension of water service by EWER outside the City if
~ the property was within the Eugene-Springfield Metropoli tan Area
1990 ~)}eral'Planprojected urban service area but annexation was
inappropriate or legally il1)possible and the owner had complied'
with certain conditions, including signing an agreement to annex
at the "appropriate time'in the .future. The Resolution also autho-
rized extension of water service under certain conditions to pro-
vide a solution' to a public health hazard to occupants, of existing
structures. . .
;.
. It'is in the best interest of the City that the water. policy
of the City be clarified .by adoption of. a rc~iseQ policy for use
in considering any extension of water service outside the corporate
limits of the City:
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an urban service which should not be extended beyond the pro-
j ected urban service boundary. In, certain circumstances', however,
spec;i._fic, extensions, may be made if in compl.iance with this ,policy.
The revised water policy shall apply to all,_e,1{.t,r(l:t:~Frit:C?Eial
'extension .of water serv,ice within or beyond,.. the projected urban'
service' arE~a bo'undary i' and shall be,' used by the adritinistrationof
th~ City to determine whether to recommend extension to the Lane
County Local'Government BoundaryCOl9!!1ission or otherwise cause the
Commission to consider the extension of water se~vice to a property.
NOW, THEREFORE,
BE IT RESOLVED BY THE COMMON COuNCIL OF THE CITY OF EUGENE,
a Municipal corpor'ation of the State of Oregon, ,as follows:,,-
,
Section 1.. That 'Resolution No. ~4A~J adopted October 13, 1975,
and any other Resolution in c~:mflict he~ewith, is hereby repealed. .
Section 2. That the following is' hereby adopted as thlLPolicy
to be followed by the- City in considering any extension of water
service: '
A., Definitions. Wherever referred to herein, the
following words and phrases shall mean: .
1. ,Approved Means of Se-Jage Disposal. A means
approved by the Lane County Environmental Management De-
'partment that is presently in co~formance with the stan-
, dards established by. the Department of Environmental
Quality or other applicable. governmental agency with
appropriate jurisdiction. '
2.- Change of Use. A change from' one use' as in-
corporated in. Chapter 9 of the Eugene Code, 1971, or
Chapter 10 of the Lane Code to another use authorized by,
these Codes.
3. Communicable Disease Hazard. A"condition
which is. conducive to the propagation or dissemination
of' communicable or con-tagious disease producing organisms,
which presents a reasonably clear possibility that the
public generally is being exposed to a 'disease which can
cause physical suffering or i;tlness,'and which has poten-
tialfor spreading within the city.of Eugene:
4. bissoived Water District. A domestic water
supply district formed under, the :,laws of the stat'e of
Oregon which has sinc~_been dissolved' arid who$e functions
and responsibilitie_s' have been aSflumedpy__EWEIl.
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5. Eugene-Springfield Metropolitan Area 1990
c': Ge-n, eral :Plan. The comprehensive general pla,n as nl'\'",+o tiece' ived
" constituted or hereafter, amended for the area, famLl~~1\.
.,:,.'Vi'-/\known~'~s'( the' 1990 Plan, is a statement of goals, Objectives,', '
. . OCT 1 6 200'1
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Resolution "~ 2
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and recommendations (policies) adopt~d by the City of
Eugene, the City. of Springfield, Lane County, and the
Lane Council of Governments in 1972 to guide the de-
velopment of the metropolitan area. The Plan .is.
generally 'in accordance with the. policy of the State
of, Oregon adopted by the ~egislatur.e:'
.... . comprehensive plans' .... (2) Are ex-
pressions of public policy in the form',
of policy statements, generalized maps,
and standards and guidelines; (3) Shall
be the basis for'more specific rules,
regulations, and ordinances to implement
the policy expressed through the compre-
hensive plans; '(4) Shall be prepared to
assure that all public actions are consis-
tent and ,coordinated with the pOlicies ex-
pressed through the comprehensive plans......
ORS 197.010
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6. Extension of Service,: For the purpose of this
Resolution, an extens~on of service inclUdes provision of
water to an existing use, 'to, a new use, an intensification
of an existing use, or a change in'use.
7,. Intensification of Use: An increase in the use',
of property, such as an increase in the number or capacity
of businesses, manufacturing establishmerits',' dwelling units,
or offices within a structure or on the land. An addition
to a single-famili dwelling unit for the use of the family
is not an, intensification of'use.
8. Nonconformin'g Use: A use of a building or land
. which l'awfully existed ,when applicable land use regulations
were adopted but which would not be permitted under exist-
.ing. regulations.
9. Projected Urban Services Area: The'estimated
geographic area within which a full range of urban services
will need. to be extended or provided to accommodate urban
development at any future point in time (such as 1990,
see Eugene-Springfield Metropolitan Area 199'0 General Plan,
page12).' .
B. Policy Governing Extensions:
1. Within the City Limits: The Council of the City
of,Eugene through EWEB shall provide public water service
of the highestquali ty to those ar,eas' wfthin "the City.
jected
2. Property Outside the City But Within the Pro-
Urban Service Area:.
2.1 Property Which Meets' Annexation Criteria:
If the property is outside the, City limit~~Ae~- .
Hon is le..9allypossible, and the PrOper!;~Wsnecelved
the normally' applied annexation criteria, water
OCT 1 6 2007 '
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Resolution - 4
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service sh~ll be provided'on1y following annexa-
tion of the property. ~ '
2.2 'Property Which Does Not Meet Annexation
Criteria: If the ,property is ontside the City
. limits' and not within' " <'Ij ssob'ed_distrrct arid
annexation is legally impossible or the property
does not meet the norma:!-1y applied annexation
criteria,the City may recommend to the Lane
County Local Government Boundary Commission, on'
behalf of the property owner, extension of water ,
service by EWEB only, und:er the following condftions:,
2.2.1 The City shall not 'ordinari1y
recommend the extension'of water service
to serve vacant land.'
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2.2.2 The provision of water service
will not prolong uses! which are nonconfopffi-
ing under applicable ~egulati6ns, policies,
and standards as interpreted by the 'City.
2.2.3 The property is connected with
, an appr~vedmeans of sewage disposal.
2.2.4 The owner; has, signed' an agree-
ment with the City which pro.vides:
,
(1) The owner is. obligated to
support annexation proceedings _should
the City, ,at its, option, initiate
annexation. ' .
(2) The owner agrees not. to
challenge any annexation of the sub-
ject property. ( .
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(3 ) The owner will' acquire City
approval for any new use, change of use,
or intensification of use of the prop-
erty. The' City will not ,withhold ap~
prova1 of~he use arbitrarily if.it is
.in compliance with applicable plans,
policies, and standards as interpreted
by the City. .
(4) The owner will be bound by
the terms of the 'contract even if an
,alte~native source of water,becomes
available unless the owner is released
from the agreem~nt by ~he City. .
'\ Date Received,
,OCT 1 6 20011
Planner: BJ
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.(5) The awner acknawledges. the
paramaunt rights af EWEB and the resi-
dents of 'the City to. the municipal water
supply.
(6) The awner agrees to. abide' by
applicable EWEB palicies and prapedures.
, (7) The City, at its aptian, 'has
, the right to. re-examine pravisian af
water service to. the praperty awner at
any time after five (5) years and termi-
nate Bervice to. the praperty upan eighteen
(18) 'manths natice,
(8) The .owner agrees natta bring
actian ar suit ar appeal any,City deci-
sian 'to. terminate'service and shall
waive any rights he may have ar may ac-
quire thereafter to. praceed against the
City to cantinue service.
(9) The cantract will be binding
an the parties, assigns, and successars.
~lO)' A natice af.agreement pertain-.
ing to. the can tract will be, recarded at
the eX~ense af the City.".
2.3 Praperty within a Dissalved Water District:
If a' praperty is within a .disBalved water district
and is not;"currently being served'and daes nat meet
the 'canditi6nsaf Sectian2.1 ar Sectian 2.2.1 .
thraugh 2;2.4 and the awner applies for extensian
af water service, the City administratian may re-
fer the matter to. the BaundaJ:'y'.Cammissian with an
explanatian ,af the applicable City palicy and
without a recammendatian af appraval.' In the event
the Baundary'Commission enters a final arder ap-
provi-ng, ,extensian af ,.water service,. the matter
then will be referred to. the City Cauncil far its
determination .'
3. Property Outside the Prajected Urban Service Area:
3..1 Mah1an' Sweet Aviatian Park: Al thaugh Mahlan
Sweet AviatianPark is autside the prajected urban
service area, it is within the extraterritarial :
juris9ictian af the City. The camprehensive general
plan recognizes the .fact that public water service
should be extended to. Mah10n .Sweet Aviatian Park
specifically as a ,land use acti vi ty af sufficient
size, character, and'distance fram existing urban
service to. preclude its lacatian wi thiri the pra- ,"
.jected' urban service area. Water' servilCk:l~ 1il~T\OI'V' ad
vided to. Mahlan Sweet Aviatian Park anJJ~l~ h~v
OCT 1 6 2001,
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Planner: BJ36
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of property owners along the 'line to the Park.
Water service:shall be extended to additional
uses on the airport property~ which is an in~
tegral part of the 'City, but there shall be no
extension of additional' .service to property
9wnersalong the line t9the Park. '
3.2 Lane Community College: Lane Community,
College is, a public edue,ation'alinstitution,-
approved by the State Board o~.Education, serv-
ing Eugene area residel!ts. The College" has been
receiving water from Eugene Water & Electric
Board since June 2, '1967"before adoption of
'the comprehensive general plan.. The College is
served by an approved means of sewage disposal.
Water service has been extended also to a number
of property owners along' the line' to the College;'
The City will continue .p~ovision of service to
the College in accordanc~ with the terms ,of its
agreement but will consider extension of service
only to .instructional uses at the College.
3.3 Other Property Outside the Projected
'Urban Service Area: Thel City will consider ex-
,tension of water servicei to other property out-
side. the projected urbant, service area, only in
the following instances:'
3.3.1' Communicable Disease Hazard:
The City, on behalf of , a property owner, may
initiate an application and recommend to the
Lane- County Local Government Boundary Conunis-'
siori extension of water service upon a de-
termination by the City that a communicable
. disease hazard exists'. . ,Provision of water
service by the City. must be the only practical
remedy for the problem, the property must have
an approved means of sewage.disposal, and the
conditions set forth in Section 2.2..4 above
must be satisfied.
(
3.3,2 Property Within a Dissolved Water
District: Some' of the property outside the
projected urban service area' is within a dis-
solved water district wpere service is being
provided by EWEB to some proper~y owners. If
a property owner not currently being served
applies for water service arid_..s.e.c.t_is)!:L3.,.J.l
,herein does not apply, the City administration
may refer the matter to ~h~cBoundary Conunission
wi th an explanation of _the." app).i<;:able Cij:y
policy and without a recommendation Obata~elceived
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OCT 1 6 200'1 '
Planner: BJ
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In the event the Boundary Commission enters
a final order approving extension of' water
service, the matter then will be referred'to
the City, Counci'l fot its determination.
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, 4.. Water Districts That May Dissolve After Adoption
of .This Policy: It, is recognized that after the effective '
date of this'policy, water districts served by EWEB may be
dissolved by agreement between the .City and the district.
Any.such agreement shall be deemed an amendment,to this
policy, and the agreement shall include the terms and con-.
ditions under which service to the property owners within
the district may be provided.
Section 3. The City Recorder is directed to forward a copy of
this Resolution to the Lane County Local Government Boundary Commis-
sion, the Eugene Water & Electric Board, and tO'all City departments,
boards, and commissions' affected hereby.
. \
'The foregoing Resolution adopted the 2~th day of March, 1977.
--,
Ci ty Recorder'
.
(
Date Received
OCT , .6 2007..:
'Planner: BJ
)
Resolution - 7
38