ORDINANCE NO. 1958

(An ordinance proclaiming the annexation of certain contiguous territory located within the Urban Growth Boundary—City Annexation of properties on Westcliff Drive)


WHEREAS, the owner of certain property contiguous to the City limits located in the Urban Growth Area has previously applied for connection to the City’s sewer system, and signed a Consent to Annexation which has been recorded in the deed records of Hood River County at June 8, 2006 and 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 27D #102 & 103) 3880 Westcliff Drive and a vacant unaddressed contiguous parcel.

WHEREAS, the Consent to Annexation provides the property owners’ written consent to annexation and withdrawal, and to pay any costs associated therewith;


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WHEREAS, the Council concluded that the territory sought to be annexed should be annexed and withdrawn only from the Westside Rural Fire Protection District as part of the proposed annexation.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 remains 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 (June 16, 2008 and July 14, 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 findings of fact dated June 18, 2008 and 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.
5. The property owner shall comply with the following (Resolution 2008-18):  The Property owner, and their heirs, successors and assigns, shall compensate the City for the costs associated with the withdrawal of the Property from Ice Fountain Water District pursuant to the City’s Intergovernmental Agreement with Ice Fountain Water District applicable to the withdrawal.  The Property owner shall record a document in the deed records of Hood River County executed by the property owner binding the property owner and their heirs, successors and assigns to the obligation required by this condition.
Read for the first time, July 14, 2008.

Read for the second time and passed July 28th, 2008 to become effective thirty (30) days hence.
                            
Signed      , 2008.
                                       
                                                          ___________________________________
                                                          Linda Streich, Mayor
ATTEST:
                                                                                                                                            ____________________________________ 


Jennifer McKenzie, City Recorder

 

1. The City shall provide a legal description of the subject property indicating the exact location of the property requested to be annexed in relation to the Urban Growth Area boundary.  This annexation approval does not include any lands outside the Urban Growth Area of the City of Hood River.
2. The effective date for the annexation shall be the date the ordinance is filed with the Secretary of State, except for purposes of ORS 308.225.  The effective date of the withdrawal from West Side Fire will be the effective date of the annexation, except for purposes of ORS 308.225. 
3. The property owner shall deposit with the City funds in the amount of the estimated payment to West Side Rural Fire Protection District in an amount specified by Council.  Within 30 days after the estimated payment amounts are approved by the City and West Side Fire, the property owner shall pay the balance owing to the City, or the City shall refund to the property owner any amount overpaid.
4. The property will not be withdrawn from Farmers Irrigation District.  Farmers may continue to serve the property in accordance with District policies.
5. The Hood River County Building Department will continue to provide building inspections and plan review for the 28 units approved on tax lot #102.