ORDINANCE NO. 2009

(An ordinance proclaiming the annexation of certain contiguous territory located within the Urban Growth Boundary — Kevin Pratt and Eric T. Rhodes)


WHEREAS, the owner of certain property (3N 10E 34A Tax Lot 701) contiguous to the City limits located in the Urban Growth Area, Kevin Pratt, has applied for connection to the City’s sewer and water systems;

WHEREAS, the owner of certain property (3N 10E 34A Tax Lot 702) contiguous to the City limits located in the Urban Growth Area, Eric T. Rhodes, desires access to the City’s sewer and water systems for purposes of future development;

WHEREAS, the subject properties (3N 10E 34A Tax Lots 701 and 702) are legally described as set forth in the annexation application and are located in Hood River County, State of Oregon;

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, the property owners provided their written consent to this annexation.  There are no electors registered to vote at the property.  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WHEREAS, the Council concluded that the territory sought to be annexed should be annexed and withdrawn only from the Westside Rural Fire Protection District and Ice Fountain Water District as part of the proposed annexation;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 (June 3, 2013 and June 24, 2013, respectively) 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 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 June 4, 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 34A Tax Lots 701 and 702) is hereby proclaimed to be annexed to the City of Hood River, subject to the decision signed on June 4, 2013, 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 (rather than July 1, 2014 as addressed in the planning commission’s decision).
5. The effective date for the withdrawal of the territory from the Ice Fountain Water District will be July 1, 2014 (ORS 222.465).

Read for the first time:  June 24, 2013.

Read for the second time and passed:  July 8, 2013 to become effective thirty (30) days hence.

Signed:  July 8, 2013.

___________________________________
Arthur Babitz, Mayor

ATTEST:

____________________________________
Jennifer Gray, City Recorder