This chapter may be cited for all purposes as the City of Yamhill
Annexation Policy, 1979.
(Ord. 331 §1, 1979; Ord. 443 §1, 1998)
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 chapter.
(Ord. 331 §2, 1979; Ord. 443 §1, 1998)
(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;
(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, 1979; Ord. 443 §1, 1998)
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, 1979; Ord. 443 §1, 1998)
(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, 1979; Ord. 443 §1, 1998)
(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 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 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, 1979; Ord. 443 §1, 1998)
(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, 1979; Ord. 443 §1, 1998)
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:
(A) 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
(B) 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, 1979; Ord. 443 §1, 1998)
(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.
(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, 1979; Ord. 443 §1, 1998)
(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, 1979; Ord. 443 §1, 1998)
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, 1979; Ord. 443 §1, 1998)
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, 1979; Ord. 443 §1, 1998)
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, 1979; Ord. 443 §1, 1998)