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Ms.McKeehan indicated most annexation elections start as protest elections. As long as 51% of the property owners do not protest, then the annexation can move forward. Happy Valley is a unique area because it is inhabited,whereas most annexation areas are not inhabited. It is true the agreement requires an owner not to protest,but to force someone to vote yes is a very Mr. Roush suggested that to clear up the ambiguity, the agreement can be revised to make it more express that an owner will agree to do something affirmatively. Ms. McKeehan said the agreement would say that at the point in time when the City wants to annex the property,the property owner would agree to the annexation. Mayor Pico felt the intent of the preaanexation agreement was that the owner agreed to annex to the City at whatever time the annexation went forward. He wanted to clarify that. It was moved by Ms.Ayala,seconded by Ms.Hoaterman,to approve Option 3 with a revision to future preannexatton agreements to indicate the owners vote would be in favor of annexation. The roll call vote was as follows: AYES: Ayala,Brozosky,Campbell,Hostenman,and Mayor Pico NOES: None ABSENT: None ABSTAIN: None Mr. Campbell believed that Council should not set policies to make people happy, it should set policies that are fair. He agreed Option 3 was the most fair. He was uncomfortable with the proposed answer to the agreement because he did not want to influence how a person votes. Mayor Pico disagreed. If the City is providing water and sewer services, it is done with the express understanding that when an opportunity for annexation arose,that the property owner would agree to annex to the City. EXCERPT:CITY COUNCIL MINUTES, December 3, 2002 Page 4 of 4