AN ORDINANCE ADOPTING TITLE 13, ANNEXATION, OF THE YAMHILL MUNICIPAL CODE; ADOPTING RULES AND REGULATIONS PERTAINING TO ANNEXATION, WITHIN THE CITY OF YAMHILL, SUPERSEDING PREVIOUS ORDINANCES, AND DECLARING AN EMERGENCY.

THE CITY OF YAMHILL ORDAINS AS FOLLOWS:

SECTION 1. There is hereby added to the Yamhill Municipal Code, Title 13, Annexation, as follows:

Chapters:
13.04 Annexation Provisions and Procedures

Sections:

13.04.010 Title

13.04.020 Purpose

13.04.030 Introductory Provisions

13.04.040 Authority of City to Annex

13.04.050 General Annexation Procedure

13.04.060 Annexation by Election

13.04.070 Annexation Procedure Without City Election

13.04.080 Annexation Procedure with Election in Proposed Territory

13.04.090 "Island Annexation"

13.04.100 Submission of Annexation Reports

13.04.110 Effective Date of Annexation

13.04.120 Zone Designation of Annexed Property

13.04.130 Annexation Fee

13.04.010 Title. This Chapter may be cited for all purposes as the City of Yamhill Annexation Policy, 1979. (Ord. 331, §1, 1979; Ord. O-443, §1(part), 1998)

13.04.020 Purpose. The City recognizes the need to establish standards and procedures for the future orderly annexation of lands into the City. Therefore all future annexations to the City shall occur consistent with the provisions of this ordinance. (Ord. 331, §2(part), 1979; Ord. O-443, §1(part), 1998)

13.04.030 Introductory Provisions.

(A) Annexation to the City may be permitted only if:

(1) The site abuts the city limits of Yamhill;

(2) The site is within the Urban Growth Boundary;

(3) The site is with the immediate urban area;

(4) The proposed use for the site complies with the Yamhill Comprehensive Plan;

(5) The capacity exists to provide the site with urban services that will not unduly tax the public facility and services resources of the City and;

(6) The site contains land which is physically suitable for urban use, and

(7) The proposed annexation will have a positive fiscal impact on the City. (Ord. 331, §2(part), 1979; Ord. O-443, §1(part), 1998)

13.04.040 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 contiguous to the City or separated from it by a stream only. (Ord. 331, §2(part), 1979; Ord. O-443, §1(part), 1998)

13.04.050 General Annexation Procedure.

(A) Following submission of annexation proposal or initiation, the City Recorder shall set a date for hearing with the Planning Commission. 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 10 days of 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 proposed annexation will:

(1) Promote an orderly, timely, and economical transition of rural and agricultural lands into urbanizable lands;

(2) Avoid promoting development in areas of natural hazard;

(3) Affect the natural resources of the area including; air resources, water quality, natural vegetation and fish and wildlife resource;

(4) Effectively utilize energy resources and promote conservation of energy use;

(5) Provide for recreation and open space opportunities;

(6) Affect and provide for an orderly and efficient arrangement of public facilities and services;

(7) Improve and enhance the economy of the City;

(8) Provide the opportunity for a variety of quality, safe, housing;

(9) Affect and provide for an orderly and efficient arrangement of transportation needs in an orderly, safe and economic manner.

(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. (Ord. 331, §2(part), 1979; Ord. O-443, §1(part), 1998)

13.04.060 Annexation by Election.

(A) The Council, upon approval of the annexation proposal, has the authority to submit, except when not required under ORS 222.850 to 222.915, to dispense with submitting 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 proposal for annexation may be voted upon by the voters of the City and of the territory simultaneously or at different times not more than twelve 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 once 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 section 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 precinct 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. 331, §2(part), 1979; Ord. O-443, §1(part), 1998)

13.04.070 Annexation Procedure 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 a 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 500 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 as provided in Section 13.04.080, (A) of this Chapter. (Ord. 331, §2(part), 1979; Ord. O-443, §1(part), 1998)

13.04.080 Annexation Procedure 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 Section 13.04.060, (A), and (B); and Section 13.04.070, (B), and (C). If the council dispenses with submitting the question to the registered voters of the City; or

(2) The Council takes the necessary action to call the annexation election in the City under Section 13.04.070, (D), if the Council submits the question to the registered voters of the City.  (Ord. 331, §2(part), 1979; Ord. O-443, §1(part), 1998)

13.04.090 "Island Annexation".

(A) It is within the power and authority of the City by ordinance subject to referendum, to annex land, provided it is not an incorporated City, 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 13.04.060, (A), (B), and (C); and Section 13.04.070, (B).

(C) If the Council elects to submit the questions to the registered voters of the City, procedure shall be pursuant to Section 13.04.060. (Ord. 331, §2(part), 1979; Ord. O-443, §1(part), 1998)

13.04.100 Submission of Annexation Reports.

(A) The City shall report all changes in the boundaries or limits of the City to the County Clerk and County Assessor. The report shall contain a legal description of the new boundaries and shall be filed within 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 against annexing,

(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. 331, §2(part), 1979; Ord. O-443, §1(part), 1998)

13.04.110 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, 111.900 and Section 13.04.100, (B). 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 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. 331, §2(part), 1979; Ord. O-443, §1(part), 1998)

13.04.120 Zone Designation of Annexed Property. Territory annexed to the City shall retain the zoning classification of its former jurisdiction, until changed by the City. Zone change proceedings shall be initiated by the City within two months after the effective date of annexation. (Ord. 331, §2(part), 1979; Ord. O-443, §1(part), 1998)

13.04.130 Annexation Fee. The fee for application for Annexation to the City of Yamhill shall be as determined by Resolution set forth by the City Council. (Ord. 331, §2(part), 1979; Ord. O-443, §1(part), 1998)

SECTION 2. This Ordinance hereby supersedes the Ordinance Number 331. Any other ordinances or parts of ordinances dealing with the establishment and enforcement of Annexation Regulations, of the City of Yamhill, that are in conflict herewith, are hereby repealed.

SECTION 3. This Ordinance being necessary for the immediate preservation of the public peace, health and safety of the City of Yamhill, Oregon, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect immediately upon passage. The emergency being for the uniformity of reference (by city personnel, as well as any citizen and/or building program applicant); uniformity as to citations into the Municipal Court; and due to the fact that the Yamhill Municipal Code is already in use.

INTRODUCED AND ADOPTED by the City of Yamhill Council and signed by me in authentication of its passage this 28th day of October , 1998.