ORDINANCE NO. 2008

(An ordinance proclaiming the annexation of certain contiguous territory located within the Urban Growth Boundary - Vagabond Lodge and Columbia Gorge Hotel as well as a portion of Westcliff Drive.)

WHEREAS, the owners of certain property located in the Urban Growth Area signed consent-to-annexation agreements in order to obtain sanitary sewer service from the City of Hood River;
WHEREAS, the property subject to the consent-to-annexation agreements consists of three parcels located in Hood River County, State of Oregon (3N 10E 27C Tax Lot 100 and 3N 10E 27D Tax Lots 100 & 101);
WHEREAS, one of the parcels subject to a consent-to-annexation agreement is contiguous to the City Limits (3N 10E 27D Tax Lot 101);
WHEREAS, the owners of one parcel subject to a consent-to-annexation agreement (Vagabond Lodge, Inc., 3N 10E 27C Tax Lot 100) request permits to expand a commercial business including discharge of additional sanitary sewer effluent into the City’s sanitary sewer system (City of Hood River Planning Dept. File No. 2013-03);
WHEREAS, pursuant to HRMC Chapter 12.09.020(A), any parcel contiguous to city limits for which the city has received a consent to annexation pursuant to Title 12 or otherwise in exchange for provision of extraterritorial water, wastewater or storm water service, or is being annexed as a condition of approval pursuant to Section 12.09.010(C), shall be annexed into the city pursuant to the provisions of this chapter and the applicable provisions of Title 17 of this code;
WHEREAS, the City of Hood River is also annexing the portion of Westcliff Drive located immediately south of the subject parcels and east to the existing City Limits boundary at Cascade Avenue;
WHEREAS, because property owners provided written consent to this annexation, the annexation was processed pursuant to ORS 222.115 and ORS 222.120;
WHEREAS, there are no electors registered to vote at the subject properties;
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 such districts 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WHEREAS, the Council concluded that the territory sought to be annexed should be annexed and withdrawn only from the Westside Rural Fire Protection District at this time;
WHEREAS, the Council concluded that the territory sought to be annexed should remain in the Ice Fountain Water District and Farmers Irrigation District upon annexation until such time as City water is available to serve the subject property;
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 Quasi-Judicial procedures set forth in Chapters 17.09.040 and 17.15.040 of the Hood River Municipal Code, held public hearings (Planning Commission hearings held April 1, 2013 and April 29, 2013, and City Council hearings held April 22, 2013 and May 13, 2013) to consider the annexation of the property into the City of Hood River and withdrawal of the property from the Westside Rural Fire Protection District;
WHEREAS, the City Council considered the Planning Commission’s record and recommendation, the Planning Department’s Staff Report, and testimony presented;
WHEREAS, the City Council adopts the Planning Commission’s Findings of Fact and Conclusions of Law for annexation set forth in the decision signed May 2, 2013 attached to this Ordinance as 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 (3N 10E 27C Tax Lot 100 and 3N 10E 27D Tax Lots 100 & 101 and a portion of Westcliff Drive) is hereby proclaimed to be annexed to the City of Hood River, subject to the decision signed on May 2, 2013, adopted herein.
2. The property described above is hereby withdrawn from the Westside Rural Fire Protection 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:  May 13, 2013.

Read for the second time and passed:  May 13, 2013 to become effective thirty (30) days hence.

Signed on:  __________________________, 2013.

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Arthur Babitz, Mayor

ATTEST:

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Jennifer Gray, City Recorder