Resolution No. 73-44CITY OF TIGARD, OREGON
RESOLUTION No. 73- ,Q~
A RESOLUTION FORWARDING TO THE LEGISLATIVE INTERIM COMMITTEE ON LOCAL GOVEFINMENT
AND TRANSPORTATION RECOMMENDATIONS OF THE CITY OF TIGARD REGARDING CHANGES IN
STATE LEGISLATION RELATING TO ANNEXATION.
WHEREAS, the manner in which growth and development occur represent a
matter of statewide concern; and
WHEREAS, the manner in which growth and development occur will determine
the quality of the life style available to Oregonians in the future; and
WHEREAS, scattered urbanization and premature subdivision represent a
potentially ineffecient uneconomical and unbalanced growth ethic which threatens the
State's agricultural viability and its natural resources as well as governments'
capability to provide necessary services; and
WHEREAS, the creation of special service districts in unincorporated areas
often results in further encouragement to the establishment of undesireable
scattered urbanization and premature subdivision; and
WHEREAS, incorporated municipalities are best able to provide for the
wide range of needs created by urban densities; and
WHEREAS, many areas have developed to urban densities without providing for
necessary balanced services; and
WHEREAS, it is a desireable objective that incorporated municipalities be
provided the tools necessary for the development and maintenance of strong
local government providing for all the services and facilities necessitated by
development at urban densities; and
WHEREAS, one of the tools necessary to the objective of strong local
government is strengthened annexation capabilities; and
WHEREAS, the Legislative Interim Committee on Local Government and
Transportation has invited testimony from local government,
NOW, THEREFORE, BE IT RESOLVED BY THE TIGARD CITY COUNCIL THAT:
Section 1: The City of Tigard recommends to the Legislative Interim Committee
on Local Government and Transportation the following provisions be
incorporated into existing statutes governing municipal boundary changes:
1. Annexation Eligibility - It is recommended that eligibility for all
annexations be based upon the following criteria:
a. The are is contiguous to existing City limits.
b. The area is urban or can be expected to be urbanized in the foreseeable
future.
C. A community of interest exists between the area to be annexed and
the annexing community. Contiguity shall be prima facia evidence that
a community of interest exists unlAss one of the following conditions
are found to exist after public hearing and testimony:
1. The land is predominately agricultural in nature, and more than
50% of the owners thereof derive over 50% of their income from such
agricultural use of the land and state in writing an intent to
continue such agricultural use for at least 5 years; or
RESOLUTION No. 73-_&~_
2. Residents of the area make no use of or receive no benefits from
services provided by the annexing municipality and the residents
therefore place no burden on the annexing municipality by virtue
of their proximity to the annexing municipality, and it can be
demonstrated that the annexing municipality is not capable of
providing services normally provided by said municipality on the
i same terms and conditions as such services are provided to the
residents of the City.
2. Peninsular Annexations - It is recommended that a-_new classification
of annexation be established to be known as peninsular annexations
incorporating the following elements:
a. Peninsular annexations are described as those areas which have 66 2/3
boundary contiguity with an annexing municipality.
b. Due to the strong community of interest occasioned by the geographic
relationship between the area to be annexed and the annexing municipality,
peninsular annexations shall be processed in the same manner as "islaud"
annexations and when initiated by a municipality, not subject to
referendum when approved by the appropriate Boundary Review Commission.
3. Referendum - It is recommended that for all tho=a annexation proceedings
for which the right of referendum is provided, such right of referendum
be extended to the residents and property owners within the City as well
as those within the area proposed to be annexed.
4. Veto of Boundary Review Commission Action - In those cases where
referendum action is initiated with the intent to overturn a Boundary
Review Commission action, it shall be necessary that a 66 2/3 vote
at an election be gained in order to so overturn said Boundary Review
Commission action.
Section 2: A copy of this resolution shall be forwarded to the Legislative
Interim Committee on Local Government and Transportation for its
consideration and further action.
APPROVED: This 1,2- day of /J/c 1973.
Mayor - City of Tiger
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ATTEST:
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Recorder - Cit of Ti -X d
RESOLUTION No. 73- 40