ORDINANCE NO. 2017

(An ordinance proclaiming the annexation of certain contiguous territory located within the Urban Growth Boundary – Curtis Homes, LLC)

WHEREAS, the owner of certain property (3N 10E 35BC Tax Lot 500) contiguous to the City limits located in the Urban Growth Area, Cameron Curtis on behalf of Curtis Homes, LLC, has applied for connection to the City’s sewer and water systems;
WHEREAS, the subject property (3N 10E 35BC Tax Lot 500) is a single parcel of land legally described as set forth in the annexation application and is located in Hood River County, State of Oregon;
WHEREAS, the subject property (3N 10E 35BC Tax Lot 500) is contiguous to the City Limits;
WHEREAS, the owner of the subject property requests concurrent approval of a subdivision application (City of Hood River Planning Dept. File No. 2014-36);
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 owner provided 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 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WHEREAS, the Council concluded that the territory sought to be annexed should be annexed and withdrawn only from the Westside Rural Fire Protection District and Ice Fountain Water District at this time;
WHEREAS, the Council concluded that the territory sought to be annexed should remain in 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 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 6, 2015, and City Council hearing held April 27, 2015) 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 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 for annexation set forth in the decision signed April 10, 2015 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 35BC Tax Lot 500) is hereby proclaimed to be annexed to the City of Hood River, subject to the decision signed on April 10, 2015, 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.
5. The effective date for the withdrawal of the territory from the Ice Fountain Water District will be July 1, 2016 (ORS 222.465).

Read for the first time:  April 27, 2015.

Read for the second time and passed:  April 27, 2015 to become effective thirty (30) days hence.

Signed on:  __________________________, 2015.

 

___________________________________
Paul Blackburn, Mayor

ATTEST:


____________________________________
Jennifer Gray, City Recorder