Memorandum

City of Lawrence

Legal Department

TO:	David L. Corliss, City Manager
FROM:	Toni Wheeler, Director of Legal Department
Date:	June 7, 2011
RE:	Annexation of City-Owned Property at Lawrence Municipal Airport

On April 26, 2011, the City Commission authorized the City Manager to provide written notice to Rural Water District No. 13 of the City’s intent to annex two tracts of land the City owns at the Lawrence Municipal Airport (see attached map).  Notice to the water district is required by K.S.A. 12-539.  In 2010, the City acquired the land comprising a total of approximately 7.6 acres from the KU Endowment Association adjacent to the airport’s runway.  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 and has prepared Ordinance No. 8513 for the Commission’s consideration.

Under K.S.A. 12-520(a)(2), 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.       

The City provided the required written notice of the City’s intent to annex the land to Rural Water District No. 13 in a letter dated April 29, 2011.  Ordinance 8513 will be effective after its adoption and publication, and 60 days after notice to the water district. 

Action Requested: Staff recommends adoption of Ordinance No. 8513, annexing the subject land pursuant to K.S.A. 12-520(a)(2). 

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