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ANNEXATIONS
The city finds annexation is the first step to converting future urbanizable lands to urban land within the city’s urban growth boundary and urban planning area and as such, it is an important part of the process of providing timely and orderly urban development. The city also recognizes that development of lands at urban densities must include the consideration of the provision of adequate levels of required urban services and infrastructure such as police, fire, sanitary sewer, water, roads and storm water disposal. Policies and procedures adopted in this subchapter are intended to carry out the purposes of the city’s Comprehensive Plan and ensure that annexation of lands to the city is done timely and orderly and consistent with the Charter which requires that, unless otherwise mandated by state law, all annexation proposals must be approved by a majority vote of the city’s citizens before the annexation becomes effective.
(Prior Code, § 16.205.000) (Ord. 464, passed 9-16-2019)
The following conditions must be met prior to or concurrent with city processing of any annexation request:
(A) The subject property must be located within the city’s urban growth boundary;
(B) The subject property must be contiguous to the existing city limits or separated from it only by a public right-of-way or a stream, bay, lake or other body of water, per ORS 221.111(1); and
(C) A right-of-way that is not within the urban growth boundary may be annexed for road reconstruction or modification or for the placement of utilities.
(Prior Code, § 16.205.005) (Ord. 464, passed 9-16-2019)
(A) The following criteria shall apply to all annexation requests:
(1) The proposed use for the site complies with the city’s Comprehensive Plan and with the designation(s) thereon. If a re-designation of the plan map is requested concurrent with annexation, the uses allowed under the proposed designation must comply with the Comprehensive Plan;
(2) An adequate level of urban services and infrastructure must be available or made available in a specified time period determined by Council. An ADEQUATE LEVEL OF URBAN SERVICES is defined as:
(a) Municipal sanitary sewer, storm drainage and water service meeting the requirements enumerated in the Comprehensive Plan for provision of those services;
(b) Rights-of-way with adequate design capacity for the proposed use and projected future uses; and
(c) Where construction of improvements necessary for delivery of the urban services identified in division (A)(1) above or the rights-of-way identified in division (A)(2) above are not thought to be immediately necessary, the applicant shall note the methods that are proposed to be used for providing and/or financing those services/improvements including, but not limited to, dedication of right-of-way, granting waiver(s) of remonstrance against possible future local improvement districts created or other approaches/devices to pay for improvement costs.
(3) Findings documenting the availability of police, fire, parks, school facilities and all related services shall be made allowing for conclusive findings either for or against the proposed annexation. The adequacy of each of these services shall be considered in relation to each annexation proposal;
(4) The proposed annexation represents a logical direction for city expansion, promotes an orderly, reasonable and economically feasible expansion of the city boundaries and, in the judgment of the city, serves the present and future interests of the city; and
(5) The burden of providing evidence supporting the findings hereof.
(B) Improvements for needed infrastructure may be secured by a funding mechanism that will place the primary economic burden on the territory proposed for annexation and not on the city generally.
(Prior Code, § 16.205.010) (Ord. 464, passed 9-16-2019)
(A) Except as otherwise mandated by state law, annexation proposals must be approved by a majority vote of the city’s citizens. For annexations subject to such voter approval, annexation elections can be scheduled on any election date set by law. An application deadline for all proposed annexations subject to voter approval is established to permit public hearings by both the Planning Commission and City Council so as to allow for meeting the election date filing deadlines. Applications for annexations subject to voter approval shall be filed with the city before the close of business on the one hundred forty-fifth day prior to the date on which the election is scheduled.
(B) Publication and posting deadlines for all annexations are as follows.
(1) Notice of public hearing shall be published once each week for two successive weeks prior to the day of hearing before the legislative body, in a newspaper of general circulation in the city and shall be posted in three public places in the city for a like period.
(2) For all annexations subject to voter approval, notice of measure election shall be published in a newspaper of general circulation as required by state law. In addition, a map depicting the property proposed to be annexed shall be published in the County Voters’ Pamphlet along with an unbiased explanatory statement.
(3) The city shall cause the property proposed to be annexed to be posted with a minimum of one sign not greater than six square feet in size. The sign shall provide notice of the annexation election, a map of the subject property and other relevant information regarding the proposed annexation.
(4) For all proposed annexations subject to voter approval, the decision to set the annexation for an election shall be at the discretion of the City Council and shall be approved by resolution. All costs associated with placing the matter on the ballot shall be paid by the applicant or owner of the property proposed to be annexed.
(Prior Code, § 16.205.015) (Ord. 464, passed 9-16-2019)
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