Memorandum

City of Lawrence

Legal Department

TO:	David L. Corliss, City Manager
FROM:	Toni Wheeler, Director of the Legal Department
C:	Scott McCullough, Director of Planning & Development Services
Date:	August 5, 2011
RE:	Annexation of City-Owned Park Property

In 2008, the developer of a tract formerly known as the Emery property donated to the City of Lawrence a 45-acre tract of land for future parks and recreation use.  City staff recommends the City initiate annexation of the property.  Annexation is desired so that the city-owned land will come under the jurisdiction of the City and will be subject to the City’s laws and regulations.  Parks and Recreation Department staff envisions a walking trail through the property in the future.  The City has no plans for development of the land, other than for parks and recreation use. 

Annexation Procedures:

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 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. 

The City must provide written notice pursuant to K.S.A. 12-539 of the City’s intent to annex the land to Rural Water District No. 1 not less than 60 days before the effective date of an ordinance proposing to annex the 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.  Water service is not needed and there are no existing rural water district facilities located on the land proposed to be annexed. 

Since the land proposed to be annexed is greater than ten (10) acres, the annexation proposal should go to the Planning Commission for review in accordance with the City’s annexation policy.  After the Planning Commission’s review and appropriate notice to the rural water district is provided, the City Commission may adopt an ordinance annexing the land, if appropriate. 

Action Requested: Authorize the City Manager to provide written notice to Rural Water District No. 1 of the City’s intent to annex approximately 45.4 acres of land located north and east of the intersection of West 6^th Street and the SLT, in accordance with K.S.A. 12-539, and to refer the annexation request to the Lawrence- Douglas County Planning Commission for review and a recommendation.