Chapter 17.184 ANNEXATION

17.184.010 Authority of city to annex.

17.184.020 Process.

17.184.030 Annexation by election.

17.184.040 Annexation without city election.

17.184.050 Annexation with election in proposed territory.

17.184.060 Island annexation.

17.184.070 Submission of annexation reports.

17.184.080 Effective date of annexation.

17.184.090 Zone designation of annexed property.


17.184.010 Authority of city to annex.

The boundary of the city may be extended by the annexation of territory not then within the city and which territory is within the city’s urban growth boundary and contiguous to the city or separated from it by a stream or right-of-way only. (Ord. 619, 2003)

17.184.020 Process.

Annexations shall be reviewed in accordance with the Type III review procedures.

A. Following submission of annexation proposal or initiation, the city recorder shall set a date for hearing. Notice shall be pursuant to the proposed method of annexation.

B. The planning commission shall hear testimony and shall recommend approval or denial of the proposed annexation and submit such recommendation to the council within ten (10) days for the hearing. The planning commission’s decision shall, in a written form, state the rationale used in justifying the decision, and that the decision is in conformance with the city’s comprehensive plan. For all annexations the decision shall state how the proposal will:

1. Promote an orderly, timely and economical transition of rural and agricultural lands into urbanized lands;

2. Relate to areas with natural hazards;

3. Protect open spaces and scenic views and areas;

4. Provide for transportation needs in a safe, orderly and economic manner;

5. Provide for an orderly and efficient arrangement of public services;

6. Affect identified historical sites and structures and provide for the preservation of such sites and structures;

7. Improve and enhance the economy of the city; and

8. Provide quality, safe housing through a variety of housing types and price ranges.

C. The city recorder shall set a date for a public hearing with the council upon receipt of the planning commission’s recommendation. Notice shall be pursuant to the proposed method of annexation. After considering all testimony the council shall sustain or reverse the planning commission’s recommendation. The council shall, in a written form, state the rationale used in justifying the decision, and that the decision is in conformance with the city’s comprehensive plan. The decision shall state how the proposed annexation will address the criteria stated in Section 17.184.020(B). (Ord. 619, 2003)

17.184.030 Annexation by election.

A. The council, upon approval of the annexation proposal, has the authority to submit the proposal for annexation to the registered voters of the city.

B. The proposal for annexation may be voted upon at a general election or at a special election to be held for that purpose. The voters of the city and of the territory may vote upon the proposal for annexation simultaneously or at different times not more than twelve (12) months apart.

C. Two or more proposals for annexation may be voted upon simultaneously; however in the city each proposal shall be stated separately on the ballot and voted on separately, and in the territory proposed for annexation no proposal for annexing other territory shall appear on the ballot.

D. The council shall give notice of each annexation election by publication prior to such election one each week for four successive weeks in a newspaper of general circulation in the city. Whenever simultaneous elections are held, the same notice and publication shall fulfill the requirements of publication for the city election and the election held in the territory. Notice shall also be given by posting notices of the election in four public places within the city if votes are to be cast therein and four public places in each territory proposed to be annexed for a like period as provided in this chapter for publication of notice. The notice shall distinctly state the proposition to be submitted, shall contain a legal description of, and a map indicating the boundaries of each territory proposed to be annexed, and the registered voters shall be invited thereby to vote upon such annexation. The council shall also designate and the notice shall state the hours during which the polls will be open within the city and each territory proposed to be annexed. If the election is to be held at the usual precinct polling places designated for a general election held at that time, or if the election is not held at the same time as a general election, but is held at the same polling places used for the last preceding general election, the notice shall so state; if any polling place is to be different than the regular polling places, the notice shall describe the location of the polling places to be used in the area or precincts in which the polling places are different. (Ord. 619, 2003)

17.184.040 Annexation without city election.

A. By ordinance, the council may elect to dispense with submitting the annexation proposal to the registered voters of the city, set a date for public hearing, at which time the registered voters of the city can be heard on the annexation proposal.

B. Notice of the public hearing shall be published once a week for two successive weeks prior to the day of the hearing, in a newspaper of general circulation in the city, and posted in four public places in the city for a like period.

C. Written notice shall be given to all property owners within the boundaries of the proposed annexation and within two hundred (200) feet of the external boundaries of the proposed annexation.

D. After the public hearing the council, by ordinance subject to referendum, and containing a legal description of the proposed annexation:

1. Declare that the territory is annexed to the city upon the condition that the majority of the votes cast in the territory is in favor of annexation;

2. Declare that the territory is annexed to the city where persons with land ownership in the proposed territory consent in writing to such annexation. (Ord. 619, 2003)

17.184.050 Annexation with election in proposed territory.

A. The council need not call or hold an election in any contiguous territory proposed to be annexed, or post notice in the contiguous territory, if more than half the owners of land in the territory, who also own more than half of the land in the contiguous territory and of real property therein representing more than half of the assessed value of all real property in the contiguous territory consent in writing to the annexation of their land in the territory and file the annexation proposal on or before the day:

1. The public hearing procedure shall be pursuant to Sections 17.184.020(A) and (B); and Sections 17.184.040(B) and (C). If the council dispenses with submitting the question to the registered voters of the city; or

2. The council takes action to call an annexation election in the city under Section 17.184.030(D), if the council submits the question to the registered voters of the city. (Ord. 619, 2003)

17.184.060 Island annexation.

A. It is within the power and authority of the city by ordinance subject to referendum, to annex land that is surrounded by the corporate limits or boundaries of the city, with or without consent of any property owner or resident in the territory.

B. Notice and procedure for public hearing shall be provided pursuant to the provisions of Section 17.184.040.

C. If the council elects to submit the questions to the registered voters of the city, procedure shall be pursuant to Section 17.184.030. (Ord. 619, 2003)

17.184.070 Submission of annexation reports.

A. The city shall report all changes in the boundaries or limits of the city to the county clerk, county assessor and Oregon Department of Revenue. The report shall contain a legal description of the new boundaries and shall be filed within ten (10) days from the effective date of the change of any boundary lines.

B. With the exception of “island annexation” the city recorder shall submit to the Secretary of State:

1. A copy of the annexation ordinance;

2. An abstract of the vote within the city if votes were cast therein, which shall show the whole number of registered voters voting therein on the annexation, the number of votes cast in favor of, and against the annexation;

3. A copy of the statement of consent of landowners in the territory annexed;

4. A copy of the ordinance of the city declaring that no election is required in the city; and

5. An abstract of the vote upon the referendum if a referendum petition was filed with respect to the deferred ordinance. (Ord. 619, 2003)

17.184.080 Effective date of annexation.

The annexation shall be complete from the date of filing with the Secretary of State as provided in ORS 222.150, 222.160, 222.170, and 111.900. Thereafter, the annexed territory shall be and remain part of the city. The date of such filing shall be the effective date of annexation, provided such filing is not made later than ninety (90) days prior to any general or primary election; otherwise, the effective date of such annexation shall be the day after the primary or general election next following the date of filing. (Ord. 619, 2003)

17.184.090 Zone designation of annexed property.

The city council shall establish the appropriate zoning, in conformance to the comprehensive plan, effective upon the effective date of the annexation of property to the city. (Ord. 619, 2003)