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Ordinance No. 20-07ORDINANCE No. 20-07 Page 1 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 20-07 AN ORDINANCE ANNEXING TWO (2) PARCELS OF LAND TOTALING APPROXIMATELY 1.8 ACRES AND ONE-HALF OF THE ADJOINING SW BULL MOUNTAIN ROAD RIGHT-OF-WAY, APPROVING THE BULL MOUNTAIN SUMMIT ANNEXATION (ZCA2020-00001), AND WITHDRAWING PROPERTIES FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT, AND WASHINGTON COUNTY URBAN ROAD MAINTENANCE DISTRICT WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(b), ORS 222.125, and ORS 222.170(1) to annex contiguous territory upon receiving written consent from owners of land in the territory proposed to be annexed; and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw properties which currently lie within the boundaries of the Tigard Water District, Washington County Enhanced Sheriff's Patrol District, and Washington County Urban Road Maintenance District upon completion of the annexation; and WHEREAS, the Tigard Planning Commission held a public hearing on June 15, 2020, and Tigard City Council held a public hearing on July 14, 2020, to consider the annexation of two (2) parcels of land consisting of Washington County Tax Map (WCTM) 2S108AB, Tax Lots 1300 and 1400 and adjoining right-of-way, and withdrawal of said parcels and adjoining right-of-way from the Tigard Water District, Washington County Enhanced Sheriff's Patrol District, and Washington County Urban Road Maintenance District; and WHEREAS, pursuant to Metro 3.09, ORS 222.120, and 222.524, notice was given and the City held two (2) public hearings on the issue of annexation into the City on June 15, 2020 and July 14, 2020; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of the annexed properties from the Tigard Water District, Washington County Enhanced Sheriff's Patrol District, and Washington County Urban Road Maintenance District; and WHEREAS, the Tigard Community Development Code states that upon annexation, the zone is automatically changed to the City zoning which most closely implements the City's comprehensive plan map designation, or to the City designations which are the most similar; and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09, and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan, and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed properties from the applicable service districts is in the best interest of the City of Tigard. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcels and adjoining right-of-way as described and shown in the attached Exhibits “A” and “B”, and withdraws said parcels from the Tigard Water District, Washington County Enhanced Sheriff's Patrol District, and Washington County Urban Road Maintenance District. SECTION 2: The Tigard City Council adopts the “Planning Commission Recommendation to the City Council” (ZCA2020-00001) as findings in support of this decision; a copy of the recommendation is attached hereto as Exhibit “C”, and incorporated herein by this reference. SECTION 3: City staff is directed to take all necessary measures to implement the annexation, including filing a certified copy of this ordinance with Metro for administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 4: If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity does not affect the other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. SECTION 5: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the properties from the Tigard Water District, Washington County Enhanced Sheriff's Patrol District, and Washington County Urban Road Maintenance District will be the effective date of this annexation. SECTION 6: This ordinance will be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. In accordance with ORS 222.180, the annexation will be effective upon the effective date of this ordinance and filing with the Secretary of State. PASSED: vote of all council members present after being read by number and By title only, this 14th July day of , 2020. APPROVED: By Tigard City Council this 14th July Caroline Patton, Deputy City Recorder day of , 2020. Jason B. Snider, Mayor Approved as to form: City Attorney Date ORDINANCE No. 20-07 Page 2 unanimous