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hearing. In this case, notice of the public hearing was advertised in The Eugene
<br />Register-Guard on September 13, 2007. A second notice may be published in a
<br />newspaper of general circulation or notice of the hearing may be mailed to each owner of
<br />land in the affected territory,2 as described in the petition,3 not more than 15 days before
<br />the hearing. In this case, notice of the hearing was sent to the affected property owners
<br />(Em ron-Metal Properties LLC/River Land Properties LLC, owners of the properties
<br />proposed for annexation) on September 26, 2007. The final notice required by the
<br />boundary commission law is the posting of a notice of the public hearing in the affected
<br />city, district, or territory at least 15 days before the hearing. In this case, notice of the
<br />public hearing was posted in the area of the annexation, at the Eugene city hall, and at
<br />the Lane County courthouse on September 19, 2007.
<br />In conformance with OAR 191-005-0065(3), these staff notes, as well as the August 2, 2007,
<br />staff report and minutes, are incorporated as part of the record for the October 4, 2007, meeting.
<br />This annexation proposal was filed with the boundary commission in accordance with ORS
<br />199.490(1)(c), initiated by the property owners. The owner's written consent initiated the
<br />annexation request. The statutory provision to receive consent from owners of more than one-
<br />half the land area is met. The proposal was filed on July 3, 2007. At the request of the City of
<br />Eugene and the property owners, the annexation request was postponed to this meeting, which is
<br />beyond the 90-day statutory time frame. Action by the boundary commission must occur not
<br />later than one year from the date the annexation was filed (July 3, 2008).
<br />Since the August meeting, the applicants' representatives worked with Lane County and Eugene
<br />planning staff to resolve concerns raised about the location of the urban growth boundary (UGB).
<br />A revised map and legal description was submitted representing the agreed upon location of the
<br />UGB. The southerly and easterly boundaries of the annexation area are coterminous with the
<br />location of the UGB. With the agreement of the property owners and the Eugene and Lane
<br />County planning staff, the processing of the annexation can continue.
<br />When property owners initiate an annexation, the affirmative decision of the boundary
<br />commission made at a public hearing is subject, if requested, to a remonstrance within the
<br />affected territory. If, within 45 days of the commission's action, 10 percent or 100 whichever is
<br />lesser, of the electors in the affected territory, sign a remonstrance petition, an election will be
<br />conducted within the territory. In this case, it is all of tax lot 701 and a portion of tax lot 702,
<br />T18S R03W S10. The end of the 45-day remonstrance period on this annexation request, if
<br />approved, is November 19, 2007. At the time of submittal, there were no electors' registered
<br />within the annexation area.
<br />Z Affected territory means the territory described in the petition. ORS 199.415(3)
<br />Petition means the documents required to initiate a boundary change and includes, but is not limited to, an initiating
<br />document, legal description, cadastral maps, and information form. ORS 199.415(14), ORS 199.490(4), and OAR
<br />191-006-0000(3)
<br />Elector means an individual registered to-vote at an address within the affected territory. ORS 199.490(1) and (5)
<br />and ORS 199.505
<br />LCLGBC Staff Notes cc Eu to -37) - October 4, 2007
<br />Page IV-A-2
<br />Laurel Ridge Record (Z 15-5) Page 1072
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