Memorandum

City of Lawrence

Legal Department

TO:	David L. Corliss, City Manager
FROM:	Toni Wheeler, Director of Legal Department
Date:	April 4, 2011
RE:	Annexation of 69 Acres – Notice to Rural Water District No. 6

Staff requests authorization to provide notice to Rural Water District No. 6 of the City’s intent to annex approximately 69 acres of land adjacent to Farmer’s Turnpike that is in RWD No. 6’s service territory.  Written notice is required by K.S.A. 12-539. 

Background

At its regular meeting on April 5, 2011, the City Commission received a petition and consent to annexation from Steven C. Rothwell, representing several property owners of three parcels to annex approximately 69 acres of land immediately south of the Farmer’s Turnpike and immediately west of East 950 Road.  The City Commission referred the item to the Lawrence-Douglas County Planning Commission for its consideration.

At a future City Commission meeting, the City Commission may consider passing a resolution requesting the Board of County Commissioners of Douglas County to make a finding, as required under state law, 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 the County.  If the Board of County Commissioners makes the necessary findings with respect to the proposed annexation, the City Commission would have the legal authority to adopt an ordinance annexing the land, if the Commission deems it appropriate.    

Under K.S.A. 12-539, the City must provide written notice to Rural Water District No. 6 of the City’s intent to annex the land not less than 60 days before the effective date of an ordinance proposing to annex land into the City.  The notice to the rural water district must include a description of the land to be annexed and the city’s plan for providing water service to the land being annexed. 

The City’s plan for providing water service to the land proposed to be annexed is to permit Rural Water District No. 6 to provide water service to the annexed area.  The City could amend its current contract with Rural Water District No. 6 to supply the rural water district with additional water, if the rural water district deems it necessary for it to provide the land proposed to be annexed with adequate water.  If Rural Water District No. 6 is unwilling to supply the property with water at the service level required by the property owner, or if the City and District cannot agree to a contract for the provision of additional water from the City, the City will designate a different water supplier. 

Action Requested

Authorize the City Manager to provide written notice pursuant to K.S.A. 12-539 to Rural Water District No. 6 of the City’s intent to annex approximately 69 acres of land owned by members of the Rothwell family located south of Farmer’s Turnpike and west of East 950 Road.