Memorandum

City of Lawrence

Legal Services Department

TO:	David Corliss,  City Manager Toni Ramirez Wheeler, Director of Legal Services
FROM:	John Jay Miller, Staff Attorney Mary Miller, Planner
CC:	Debbie Van Saun, Assistant City Manager Scott McCullough, Director of Planning & Development Services
Date:	August 7, 2007
RE:	Island Annexation Resolution for the Wakarusa Water Reclamation Facility

On May 23^rd, 2007 the Planning Commission recommended approval of the City’s request to annex approximately 536.88 acres located south of the Wakarusa River near the intersection of N 1175 and E 1600 Roads.  The property was recently purchased by the City of Lawrence for the location of the Wakarusa Water Reclamation Facility and needs to be annexed at this time to begin the development process for the facility. Because the boundaries of the 536.88 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 536.88 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.