(A) Eligibility criteria.
(1) Territory may be annexed only if all of the following criteria are met. A petition to annex land must conform to the provisions of the city’s Land Use Plan and its implementing ordinances.
(2) If conflict exists, the Land Use Plan shall take precedence:
(a) The property is contiguous to the existing city limit; and
(b) The property is located within the city’s urban growth boundary as established by the city’s Land Use Plan.
(B) Timeliness criteria. Territory may be annexed only if all following criteria are met.
(1) An adequate level of urban services and infrastructure is available, or will be made available in a timely manner.
(a) ADEQUATE LEVEL means sufficient to support the proposed annexation and conforms to adopted plans and ordinances,
(b) URBAN SERVICES means police, fire, library, parks and city provided services.
(c) INFRASTRUCTURE means sanitary sewer, water, storm drainage, streets and sidewalks.
(d) BE MADE AVAILABLE IN A TIMELY MANNER means that improvements needed for an adequate level of urban services and infrastructure will be provided in a logical, economical and efficient manner. Improvements for needed infrastructure shall be secured by a development agreement or other funding mechanism that will place the economic burden for such improvements on the territory proposed for annexation. This can include grants that fund partnership projects between the city and the particular annexation projects.
(2) The petitioner has provided sufficient planning and engineering data and has completed all necessary studies and reviews required by the city’s Land Use Plan and implementing ordinances. It may not be timely to annex property if the appropriateness of the proposed use could be altered by government plans or studies that are underway, or are needed, to update, clarify or provide additional specificity to the plan, background reports and studies.
(3) The City Council may consider, at its discretion, any other factor which affects a particular annexation petition.
(Ord. 2002-02, passed 9-3-2002)