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City of Ashland, Oregon / City Recorder / City Council Information / Packet Archives / Year 2005 / 01/18 / Meas. 37 Waiver

Meas. 37 Waiver

Council Communication

A Resolution Requiring Waiver of 2004 Statewide Measure 37 Claims for Property Owners Desiring to Annex Their Properties to the City of Ashland


Meeting Date: January 18, 2005 Primary Staff Contact: Mike Franell, 552-2090, frannelm@ashland.or.us
Department: Legal Secondary Staff Contact: John McLaughlin, 552-2043 mac@ashland.or.us
Contributing Departments: Community Development
Approval: Gino Grimaldi

Statement:
Through the act of annexation, the ordinances governing land use change from rural to urban, and may restrict certain uses on the annexed property. With the passage of Measure 37, it may be possible for an annexed property owner to file a claim based upon the change from Jackson County jurisdiction to the City of Ashland. In order to address this concern, a resolution has been prepared that would require property owners requesting annexation to submit a written waiver of any Measure 37 claim that may accrue.

Should the Council adopt the resolution, Staff will prepare the appropriate waiver form for inclusion with annexation applications.

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Background:
Measure 37 was passed by the Oregon voters at the November, 2004 election, and the City is taking efforts to address the issues associated with its passage. This effort addresses potential impacts associated with annexation request.
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Related City Policies:
None
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Council Options:
The Council may choose to either adopt the resolution to require waivers to Measure 37 claims as part of the application for an annexation, modify the resolution, or choose not to adopt the resolution.
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Staff Recommendation:
Staff recommends adoption of the resolution as presented.
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Potential Motions:
Move to adopt the resolution requiring waiver of 2004 Statewide Measure 37 claims for property owners desiring to annex their properties to the City of Ashland.
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Attachments:
•  Proposed Resolution


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