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ORDINANCE NO. 1921

(An ordinance proclaiming the annexation of certain contiguous territory located within the Urban Growth Boundary—Scholar/Lewis Annexation.)


WHEREAS, the owners of certain property contiguous to the City limits located in the Urban Growth Area have applied for connection to the City’s water and sewer system, a copy of which application is attached as Exhibit “A’’;

WHEREAS, the property is legally described as set forth in the application and is located in Hood River County, State of Oregon (Tax Lot 2903 Map 3N 10E 34A) (the “Property”);

WHEREAS, pursuant to HRMC Chapter 12.09, a request for connection to City water and/or sewer service for property located contiguous to City limits shall be considered a written consent to annexation;

WHEREAS, all of the Property owners provided their written consent to this annexation.  There are no electors on the property.  This annexation was processed pursuant to ORS 222.170(2) or, alternatively, pursuant to ORS 222.125;

WHEREAS, the Property is located within the Westside Rural Fire Protection District and the Ice Fountain Water District and ORS Chapter 222 provides for the withdrawal of territories from districts such as the Westside Rural Fire Protection District and Ice Fountain Water District upon annexation;

WHEREAS, notice of the public hearing on the questions of annexation and withdrawal was published and posted as provided in ORS Chapter 222;

WHEREAS, the Council concluded that the territory sought to be annexed should be annexed and withdrawn from the Westside Rural Fire Protection District and Ice Fountain Water District as part of the proposed annexation;

WHEREAS, the City has the authority, within constitutional and statutory limits, to set the property tax rate at which annexed territories should be taxed;

WHEREAS, the current tax rate applicable to properties n the City includes a levy for the local option (Measure 14-8, Funding for Purchase for Ladder and a Pumper Truck) passed by the electors of the City in 1997;

WHEREAS, territories that did not have the opportunity to vote on the local option should not be required to pay the levy attributable to the local option;

WHEREAS, the Planning Commission and the City Council have, in accordance with the procedures set forth in Chapter 17.15 of the Hood River Municipal Code, held public hearings (15 November 2006 and 27 November 2006, respectively) to consider the annexation of the Property into the City of Hood River and withdrawal of the Property from the affected special districts;

WHEREAS, the City Council considered the Planning Commission’s record and recommendation, the Planning Staff’s report, and testimony presented, if any;

WHEREAS, the City Council adopts the Planning Commission’s findings of fact and conclusions of law set forth in the staff report signed 16 November 2006 attached to this Ordinance and incorporated by reference as if fully set forth herein;

NOW, THEREFORE, the City of Hood River ordains as follows:

1. The Property described above is hereby proclaimed to be annexed to the City of Hood River.
2. The Property described above is hereby withdrawn from the Westside Rural Fire Protection District and the Ice Fountain Water District, and not withdrawn from Farmers Irrigation District.
3. The effective date of the annexation is the date of filing within the Secretary of State.
4. The effective date for the withdrawal of the territory from the Ice Fountain Water District is July 1, 2007.
5. The effective date for the withdrawal of the territory from the Westside Rural Fire Protection District is the date the annexation is effective.
6. To the extent applicable, the tax rate for the Property shall not include a levy attributable to Measure 14-8: Funding for Purchase for Ladder Truck and a Pumper Truck approved by the voters in 1997.

Read for the first time:    November 27, 2006.

Read for the second time and passed:  ____________________, 2006, to become effective thirty (30) days hence.
                                                                          
     ___________________________________
Linda Streich, Mayor
ATTEST:
                                                                                                                                            ____________________________________  
Jill P. Rommel, City Recorder