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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 d! ATTEST: /f Recorder - Cit of Ti -X d RESOLUTION No. 73- 40