(A) Eligibility criteria. The Council must determine that property is eligible for annexation based on the following criteria:
(1) The property is contiguous to the existing city limits;
(2) The property is located within Banks Urban Growth Boundary; and
(3) Any other prerequisite requirement that may be applicable under the Oregon Revised Statutes.
(B) Timeliness criteria. The Council must determine that it is timely to annex property based on the following criteria.
(1) An adequate level of urban services and infrastructure is available, or will be made available in a timely manner.
(a) ADEQUATE LEVEL means conforms to adopted plans and ordinances, or as may be determined by the agency that provides the service or infrastructure.
(b) URBAN SERVICES means police; fire; school facilities; parks and recreation facilities; greenways and open spaces and other city-provided services.
(c) INFRASTRUCTURE means sanitary sewer, water, storm drainage, and streets.
(d) BE MADE AVAILABLE IN A TIMELY MANNER means that improvements needed for an adequate level of urban services and infrastructures will be provided in a logical, economical, and efficient manner and are made available in accordance with the development agreement or other funding mechanism at the time of approval. Improvements for the needed infrastructure and urban services must be secured by a development agreement or other funding mechanism that places the primary economic burden on the annexed property and not on the city.
(2) Sufficient planning and engineering data must be provided, and all necessary studies and reviews must be completed in such a manner that there are no unresolved issues regarding development of the annexation property. It may not be timely to annex property if the appropriateness of the proposed use could be altered by plans or studies that are underway, or are needed, to update, clarify, or provide additional specificity to the property use. Examples of needed studies may include, but are not limited to, public infrastructure plans, buildable lands inventories, area refinement plans, park study, or any related planning study pertaining to growth management.
(3) The Council may consider, at its discretion, any other factors that effect the timeliness or wisdom of any particular annexation petition.
(4) The burden for providing the findings and cost thereof for this section and § 30.03 is placed upon the applicant.
(Ord. 102500, passed 10-25-2000)