Memorandum
City of Lawrence
Legal Services Department
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TO: |
David L. Corliss, City Manager
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FROM: |
Toni Wheeler, Director of Legal Services
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Cc: |
Diane Stoddard, Assistant City Manager Cynthia Boecker, Assistant City Manager Jonathan Douglass, Assistant to the City Manager |
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Date: |
July 15, 2009 |
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RE: |
Ordinance Annexing Former Farmland Industries Property and Adjacent Right-of-Way |
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Attached please find Ordinance No. 8435, annexing 448 acres, more or less, of the Former Farmland Industries Property and adjacent right-of-way, located generally east of Lawrence and along K-10 Highway pursuant to K.S.A. 12-521. On April 28, 2009, the City Commission authorized the submission of a petition to the Board of County Commissioners of Douglas County to commence a county-approved annexation of the property. In accordance with the Kansas statutes, and after appropriate notice, the Board of County Commissioners convened a public hearing on July 13, 2009, to receive testimony and consider the advisability of the proposed annexation. City staff presented the City’s proposal for annexation, including the plan for the extension of services to the area proposed to be annexed. After closing the public hearing, the Board of County Commissioners unanimously passed an Order approving the annexation proposed by the City.
The next step in the annexation process requires the City to pass and publish an annexation ordinance. The City Clerk must then file a certified copy of the ordinance with the county clerk, the register of deeds and the county election commissioner of Douglas County. The annexation ordinance will be effective upon publication as provided by law. As part of the annexation ordinance, the ordinance repeals Resolution No. 6528, which was adopted in 2004. This resolution expressed the desire of the City Commission at that time that the property not be annexed until there was evidence that the necessary remediation would be accomplished. Staff recommends that this Resolution is no longer necessary, and that City annexation will best allow for the goals of the adopted Farmland land use plan to be accomplished.
Action Requested: Staff recommends the City Commission adopt Ordinance No. 8435 and direct the City Clerk to file a certified copy of said ordinance with the Douglas County Clerk, who also serves as the County’s Election Official, and the Register of Deeds, if appropriate.
Attachments:
Farmland annexation service plan
Farmland industries redevelopment plan
Planning Commission Resolution Determining the Compatibility of Proposed Annexation