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:

November 2, 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.  On August 16, 2011, the Governing Body authorized the City Manager to provide written notice to Rural Water District No. 1 of the City’s intent to annex the property.  Notice to the water district is required by K.S.A. 12-539.  Under K.S.A. 12-539, 60 days must pass before the effective date of an ordinance proposing to annex the land into the City.

 

Notice was sent on August 22, 2011; the 60 days elapsed on October 21st, 2011.  Rural Water District No. 1 did not notify the City that it objects to the proposed annexation.  On October 24, 2011, the Planning Commission approved the request to annex the property. (PC item 1, approved 8-0 on 9/24/11) Staff Report  Draft Minutes 

 

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. 

 

 

Action Requested:  Adopt Ordinance No. 8681, 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.