ORDINANCE NO. 1953

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


WHEREAS, the owner of certain property contiguous to the City limits located in the Urban Growth Area has applied for connection to the City’s 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 (3N 10E 34A#1804) (“Isacowitz”);

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 is considered a written consent to annexation;
WHEREAS, all of the Property owners provided their written consent to this annexation.  There are 2 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WHEREAS, the Council concluded that the territory sought to be annexed should be annexed and withdrawn only from the Westside Rural Fire Protection District as part of the proposed annexation.  Ice Fountain has requested to continue to provide water service to the Property and that the Property remain in the Ice Fountain District;

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 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 (May 19, 2008 and June 9, 2008 respectively) to consider the annexation of the Property into the City of Hood River and withdrawal of the Property from West Side Fire District;
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 January 29, 2008 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 not from the Ice Fountain Water District and Farmers Irrigation District.
3. The effective date of the annexation is the date of filing with the Secretary of State.
4. The effective date for the withdrawal of the territory from the Westside Rural Fire Protection District is the date the annexation is effective.
Read for the first time:    June 9, 2008.

Read for the second time and passed:  February 11, 2008, to become effective thirty (30) days hence.
                            
Signed      , 2008.
                                      
     ___________________________________
Linda Streich, Mayor
ATTEST:
                                                                                                                                            ____________________________________  
Jennifer McKenzie, City Recorder