Memorandum

City of Lawrence

Legal Department

TO:	David L. Corliss, City Manager
FROM:	Toni Wheeler, Director of Legal Department
Date:	April 20, 2011
RE:	Annexation of City-Owned Property at Lawrence Municipal Airport

In 2010, the City acquired two tracts of land from the KU Endowment Association comprising a total of approximately 7.6 acres adjacent to the runway at the Lawrence Municipal Airport.  The Federal Aviation Administration (FAA) directed the City to acquire the property to further FAA’s designated Runway Protection Zones.  The FAA paid 95% of the property acquisition costs and the City paid the remaining 5% to acquire the tracts.  City staff recommends the City annex the property.

Under K.S.A. 12-520, the City may unilaterally annex the land even though the land does not adjoin the City because the City owns the land.  The policy justification for this is to allow cities to locate facilities such as airports outside the city proper while providing that such land be under the city’s jurisdiction.  Under the statutes, the procedure for annexing land owned by or held in trust for a city follows the procedure for consent annexations of adjoining land.  The theory underlying this approach is that the city has consented to the annexation of its own land.  No resolution, notice or public hearing is required as part of such an annexation.  Since the land proposed to be annexed is less than ten (10) acres, the annexation proposal does not require Planning Commission review.  After appropriate notice to the rural water district (explained below), the City Commission may adopt an ordinance annexing the land, if appropriate.  Staff will prepare an ordinance annexing the land and place it on a future City Commission agenda for action.    

The City must provide written notice of the City’s intent to annex the land to Rural Water District No. 13 not less than 60 days before the effective date of an ordinance proposing to annex the land into the City.  This notice is required pursuant to K.S.A. 12-539.  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 land proposed to be annexed is adjacent to the airport runway.  Water service is not needed and there are no existing rural water district facilities located on the land proposed to be annexed.  City staff does not anticipate Rural Water District 13 will have any objections to the City’s plan to annex the land. 

Action Requested: Staff requests authorization to have the City Manager provide written notice to Rural Water District No. 13 of the City’s intent to annex approximately 7.6 acres of land located adjacent to the City’s runway at the Lawrence Municipal Airport in accordance with K.S.A. 12-539. 

Please let me know if you have questions or need additional information.