Memorandum

City of Lawrence

Legal Department

TO:	David L. Corliss, City Manager
FROM:	Toni Wheeler, Director of the Legal Department
Cc:	Scott McCullough, Director, Planning & Development Services John Miller, Staff Attorney
Date:	December 9, 2010
RE:	Ordinance No. 8594 Annexing Property into the City o f Lawrence, Kansas Pursuant to K.S.A. 12-519 et seq.

Please place on the City Commission’s agenda for the Commission’s consideration, Ordinance No. 8594 annexing approximately 51 acres of land located generally west of the City along Farmer’s Turnpike and more fully described in the attached ordinance.    

Background

On September 21, 2010, the governing body received the property owner’s petition for and consent to annexation.  In accordance with the City’s annexation policy, the governing body referred the request to the planning commission for a recommendation because the tract of land is larger than ten acres in size.  The planning commission considered the annexation at its regular meeting on October 27, 2010, and voted 8-0 to recommend the Board of County Commissioners make the finding required by K.S.A. 12-520c so the annexation could proceed.  The planning commission also found that the annexation complied with Horizon 2020. 

On November 9, 2010, the governing body received the planning commission’s recommendation regarding the annexation of the subject land.  The governing body then adopted Resolution No. 6910 which requested the Board of County Commissioners find and determine that the annexation of the property “will not hinder or prevent the proper growth and development of the area or that of any other incorporated city” located within Douglas County, in accordance with K.S.A. 12-520c. 

The Board of County Commissioners met in regular session on November 17, 2010, to consider the City’s resolution and received public comment.  The Board continued its consideration of the matter to its December 1, 2010 meeting.  At the close of the December 1^st meeting, the County Commission directed staff to prepare a resolution for its review on December 8^th that made the finding required by the statute.  On December 8, 2010, the Board of County Commissioners adopted a resolution finding that the annexation of the subject property will not hinder or prevent the proper growth and development of the area or any other incorporated city in Douglas County on a vote of 2-1.  The County Administrator notified the City of the County’s finding on December 8, 2010.

With the County Commission’s finding, the City now has the legal authority to adopt an ordinance annexing the property, if appropriate.  The adoption and publication of the ordinance annexing the property are the next steps to annex the property.  After the ordinance is published, and the city clerk will file certified copies of the annexation ordinance with the county clerk, register of deeds and county election officer.

The City notified Rural Water District No. 6 of its intent to annex the land on September 27, 2010.  Under legislation adopted in the 2010 legislative session, notice to a rural water district must be given not less than 60 days before the effective date of the ordinance.  Sixty days has lapsed since the City provided RWD No. 6 notice of its intent to annex the subject property.  Therefore, the City is free to pass and publish an ordinance annexing the land.

Action requested:  Adopt on first reading, Ordinance No. 8594 annexing approximately 51.13 acres of land into the City of Lawrence, Kansas pursuant to K.S.A. 12-519 et seq., if appropriate.