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:	November 3, 2010
RE:	Legal Requirements for Annexation of Venture Tract Pursuant to K.S.A. 12-520c

This memorandum provides a brief overview of the procedures for the annexation of approximately 51 acres of land owned by Venture Properties, Inc. 

Annexation Pursuant to K.S.A. 12-520c

The subject land is not adjacent or contiguous to the City’s boundaries.  It is located north and west of the City in Douglas County along Farmer’s Turnpike and north of I-70.  (The subject land is located east of the 155 acres that the City annexed along Farmer’s Turnpike in 2008.)  Because it is not contiguous to the City, the land may be annexed pursuant to K.S.A. 12-520c.  This statute permits a city to annex land that is not adjacent to the city’s boundaries if three conditions are met.  First, the land is located in the same county as the city which is annexing the land.  Second, the owner requests or consents to annexation.  Third, the Board of County Commissioners finds and determines the annexation “will not hinder or prevent the proper growth and development of the area or that of any other incorporated city located within the county.”  (K.S.A. 12-520c)  On September 21, 2010, the Governing Body received the property owner’s petition for annexation. 

In accordance with the City’s annexation policy, the Governing Body referred the annexation request to the Planning Commission for a recommendation because the tract of land proposed to be annexed is larger than ten (10) acres in size.  The Planning Commission considered the annexation at its regular meeting on October 27, 2010.  The Planning Commission supported the annexation request on a vote of 8-0. 

Procedural Requirements

The City must substantially comply with the statutory requirements for annexation set forth in K.S.A. 12-520c.  When the City deems it advisable to annex land under this statute, the governing body, by resolution, requests the Douglas County Board of Commissioners make the required findings under the statute.  The city clerk files a certified copy of the City’s resolution with the Board of County Commissioners.  The Board is required to make findings on whether the annexation of the land “will hinder or prevent the proper growth and development of the area or of any other incorporated city located within” Douglas County.  The Board notifies the City of its findings within 30 days of receipt of the City’s resolution.  The Board’s findings are spread at length on the Board’s journal of proceedings, however, the failure to do so does not invalidate the proceedings. 

Unlike annexations under K.S.A. 12-520, consent annexations of non-adjoining land do not require notice, a public hearing, or a determination that the proposed annexation will not cause manifest injury “to the owners of any land proposed to be annexed, or to the owners of land in areas near or adjacent to the land proposed to be annexed or to the city if the annexation is disapproved.”  K.S.A. 12-521(c).

The final action required under the statute for the annexation is the adoption by the governing body of an ordinance annexing the property.  If the Board of County Commissioners makes the required findings, the City has the legal authority to adopt an ordinance annexing the property, if the governing body deems it appropriate.  The ordinance is published, and the city clerk files certified copies of the annexation ordinance with the county clerk, register of deeds and county election officer.

Notice to Rural Water District of City’s Intent to Annex

HB 2283 which became effective July 1, 2010, requires notice to rural water districts.  On September 27, 2010, the City Commission authorized the City Manager to provide written notice to Rural Water District No. 6 of the City’s intent to annex the land and to provide the City’s plan for the provision of water service in accordance with HB 2283.  Under this legislation, the written notice must be provided not less than 60 days before the effective date of an ordinance proposing to annex the land.  A copy of the City’s notice is attached (added 11/08/10).  If the City designates a different water supplier for the annexed land, the City must purchase the property, facilities, improvements and going concern value of the facilities of the rural water district located in the territory, if any.  The statute provides a procedure for determining the value of the property, facilities, improvements and going concern in the event the City and the rural water district cannot agree on the value.  At this time, City staff recommends the rural water district continue as the supplier of water to the annexed land.