Memorandum

City of Lawrence

Legal Services Department

TO:	David Corliss, Interim City Manager
FROM:	John Jay Miller, Staff Attorney
CC:	Debbie Van Saun, Assistant City Manager
Date:	August 30, 2006
RE:	Island Annexation Resolution for the Pump Station #48 Site

On September 5^th, 2006 the City Commission approved the purchase of approximately 44 acres of property from PERT, LC for the siting of the pump station building and related improvements. Approximately 9 acres of the property that was recently purchased by the City needs to be annexed at this time to begin the site planning process for the construction of the pump station. Because the boundaries of the 9 acre site are not contiguous with the city limits the annexation of the property is considered an “island” annexation and must be annexed according to K.S.A. 12-520c.

Pursuant to the statute, the governing body must request by resolution that the Board of County Commissioners of Douglas County “find and determine that the annexation of such land will not hinder or prevent the proper growth and development of the area or that of any other incorporated city located within such county.” The annexation must be approved by the County Commission prior to the governing body annexing the property into the corporate boundaries of the City.

Staff recommends approving the resolution initiating the statutory procedure for an “island” annexation of approximately 9 acres. The proposed resolution and a map showing the location of the property to be annexed are attached.

After approval of the findings by the County Commission, staff will prepare an ordinance annexing the property and will present it to the City Commission for approval.