ORDINANCE NO. 1984

(An ordinance proclaiming the annexation of certain contiguous territory located within the Urban Growth Boundary—Frances Howard)


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 35BC #1200);

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 five electors registered to vote at the property, three of whom provided written consent to the annexation.  This annexation was processed pursuant to ORS 222.125;
WHEREAS, the property is located within the Westside Rural Fire Protection District, Farmers Irrigation 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, Farmers Irrigation 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WHEREAS, the Council concluded that the territory sought to be annexed should be annexed and withdrawn only from the Westside Rural Fire Protection District and Ice Fountain Water District as part of the proposed annexation;
WHEREAS, the Council concluded that the territory sought to be annexed should remain within the Farmers Irrigation District upon 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 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 (April 5, 2010, April 19, 2010 and April 26, 2010, respectively) to consider the annexation of the property into the City of Hood River and withdrawal of the Property from the West Side Fire District and the Ice Fountain Water District;
WHEREAS, the City Council considered the Planning Commission’s record and recommendation, the Planning Department’s Staff 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 decision signed April 20, 2010 attached to this Ordinance as a part of Exhibit A 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, subject to the conditions in the decision signed on April 20, 2010, adopted herein.
2. The Property described above is hereby withdrawn from the Westside Rural Fire Protection District and from the Ice Fountain Water 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.  The effective date for the withdrawal of the territory from the Ice Fountain Water District will be July 1, 2011.
Read for the first time:  April 26,2010.

Read for the second time and passed:  April 26, 2010, to become effective thirty (30) days hence.

Signed  April 26,2010, 2010.

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Arthur Babitz, Mayor

ATTEST:

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Jennifer McKenzie, City Recorder