Article 5: Annexation Procedure.............................5-1 5.010 Purpose...........................................5-1 5.020 Application.......................................5-1 5.021 Pre-Application Conference...................5-1 5.022 Application Submittal........................5-1 5.050 Annexation........................................5-1 5.051 Purpose .....................................5-1 5.052 Criteria for Property Subject to Annexation Agreement ...................................5-2 5.053 Criteria for all Other Property..............5-2 5.054 Procedures...................................5-2 5.060 Annexation by Consent.............................5-3 5.065 Annexation by Triple Majority ....................5-3 Article 5: Annexation Procedure 5.010 Purpose The purpose of this Article is to provide for adequate review of all annexation requests, to establish a system for determining the cost and appropriateness of proposed annexations, to provide for public participation in the annexation process, and to set forth the procedures and criteria for annexing real property to the City of Grants Pass. 5.020 Application 5.021 Pre-Application Conference. The applicant shall request a pre-application conference as provided in Section 3.033 of this Code, prior to submitting an application for annexation. 5.022 Application Submittal. The applicant shall submit a complete application on forms provided by the Director. The Director shall verify the completeness of the application and notify the applicant as provided in Section 3.052 of this Code. An incomplete application may be resubmitted as provided in Section 3.053 of this Code. 15.050 Annexation 5.051 Purpose. The purpose of this Section is to set forth the procedures and the criteria for annexation of real property into the City of Grants Pass. 5.052 Criteria for Property Subject to Annexation Agreement. If the proposed property is subject to an annexation agreement, then the applicant must prove the following: (1) All the conditions and requirements of the annexation agreement have been met. (2) Any additional conditions or requirements made necessary by subsequent judicial or state or federal or legislative acts have been met. 5.053 Criteria for all Other Property. If the proposed property is not subject to an annexation agreement, the applicant must prove that the following standards have been met to receive approval of annexation: (1) The proposed property is located within the Grants Pass Urban Growth Boundary Area and the area is contiguous with the existing City boundary. (2) The proposed property is developed or will be developed consistent with City standards. (3) The proposal is consistent with the City’s Comprehensive Plan at such a time as the State has acknowledged that plan, or the proposal is consistent with LCDC Goals, prior to an acknowledgment of the City’s Comprehensive Plan. (4) The proposal is consistent with this Code. (5) The proposal is consistent with the provisions of the Oregon Revised Statutes. (6) The City of Grants Pass has sufficient capacity to provide the property with basic urban services, such as municipal water, sanitary sewer, fire protection, and police protection. 5.054 Procedures. The procedures for processing a request for full and complete annexation shall be: (1) A complete application is received by the Director as provided in Section 3.050. (2) The Director shall prepare a compliance report indicating the degree of compliance of the subject property with the provisions of this Code and other City standards, and compliance with any conditions subject to development of the property, and shall review the compliance report with the property owner in conference. (3) A public hearing is held before the City Council to determine whether the annexation standards of Section 5.053 have been met, or to call for an annexation election pursuant to ORS Chapter 222. Notice and follow-up procedures for the hearing shall be as provided for a Type IV procedure as provided in Section 2.060. Conduct of the hearing shall be as provided in the Legislative Hearing Guidelines, Article 9 of this Code. (4) If approved by Council or by election, the City Manager shall, within 3 working days of the approval action, cause the necessary actions for service extension and notification of other governmental bodies to be initiated, and shall notify the applicant and all property owners in writing when such actions have been completed. (5) If the proposal for annexation is rejected by the City Council for failing to meet criteria, or if the proposal is rejected in an election held pursuant to ORS Chapter 222, the proposal may be resubmitted as provided in Section 3.053 of this Code. 5.060 Annexation by Consent The City need not hold an election in the City or in any contiguous territory proposed to be annexed, or hold any hearing required by ORS Chapter 222 when all the owners of land in that territory consent in writing to the annexation of the land in the territory and file a statement of their consent with the City. Once consent for annexation has been executed, the City, by ordinance, may set the final boundaries of the area to be annexed by a legal description and proclaim the annexation. 5.065 Annexation by Triple Majority (1) The City need not hold an election in the City or in any contiguous territory proposed to be annexed, or hold any hearing required by ORS Chapter 222 if more than half of 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. Once consent for annexation has been executed, the City, by ordinance, may set the final boundaries of the area to be annexed by a legal description and proclaim the annexation. At the hearing on the ordinance, property owners who have not consented to annexation may testify in favor or against its passage. All property owners shall be notified of the hearing at least 10 days prior to the hearing. (2) The public hearing for property owners may be held at the same time as the passage of the ordinance or at another time. _________________________ 1. Amended 11-7-01