ORDINANCE NO.  8285

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS ANNEXING PROPERTY INTO THE CITY OF LAWRENCE, KANSAS PURSUANT TO K.S.A. 12-519 ET SEQ.

WHEREAS, On April 15, 2008, the Governing Body of the City of Lawrence, Kansas adopted Resolution No. 6764, requesting that the Board of County Commissioners of Douglas County, Kansas make certain findings pursuant to K.S.A. 12-520c; and

WHEREAS, On May 14, 2008, the Board of County Commissioners of Douglas County, Kansas considered the annexation requested by the City of Lawrence, Kansas in Resolution No. 6764; and

WHEREAS, On May 21, 2008, the Board of County Commissioners of Douglas County, Kansas adopted Resolution No. 08-18 finding, pursuant to K.S.A. 12-520c, that the annexation will not hinder or prevent the proper growth and development of the area or any other incorporated city within Douglas County and notified the City of Lawrence of their findings.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION ONE:    The Governing Body finds that the property in Section Two of this ordinance qualifies for annexation pursuant to State law.  The Governing Body further finds that Resolution No. 6764 requested that the Board of County Commissioners of Douglas County, Kansas find and determine that the requested annexation will not hinder or prevent the proper growth and development of the area or that of any incorporated city located in Douglas County, Kansas all pursuant to K.S.A. 12-520c.  The Governing Body finds that the Board of County Commissioners made lawful findings pursuant to K.S.A. 12-520c.

SECTION TWO:   The following described property is hereby annexed into and made part of the City of Lawrence, Kansas to-wit:

The Southeast One Quarter (SE1/4) of Section Eighteen (18), Township Twelve (12), Range Nineteen (19), less public road right-of-way, containing 154.9 acres, more or less and subject to restrictions, easements, and reservations of record; in Douglas County, Kansas

SECTION THREE: Building permits may be issued for the property described in Section Two if the City of Lawrence reasonably determines that either City water or City sanitary sewer service is not required to serve the use or uses on the property, the uses being those that can be served by rural water or on-site sanitary sewer management systems (including without limitation sewage storage tanks).

SECTION FOUR: The city clerk shall file a certified copy of this ordinance with the County Clerk, and the Register of Deeds of Douglas County, Kansas

SECTION FIVE: Severability. If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

SECTION SIX:    This ordinance shall take effect and be in force from and after its adoption and publication as provided by law.

Passed by the Governing Body this ____ day of June, 2008.

APPROVED:

_______________________

Michael Dever, Mayor

ATTEST:

_______________________________________

Frank S. Reeb, City Clerk

APPROVED AS TO FORM AND LEGALITY:

_______________________________________

Toni Ramirez Wheeler

Director of Legal Services

Approved as to closure of the legal description:

____________________________________

Charles F. Soules, Director of Public Works

Publish one time and return one Proof of Publication to the City Clerk and one to the Director of Legal Services.