Title 17 DEVELOPMENT CODE
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)
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