Item 5: Annexation - Annual Withdrawal from Special Districts

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: An Ordinance Providing for Withdrawal of Annexed Properties from the Lane Rural Fire District, the River Road Park & Recreation District, and the River Road Water District Meeting Date: February 28, 2011 Agenda Item Number: 5 Department: Planning and Development Staff Contact: Bill Almquist www.eugene-or.govContact Telephone Number: 541-682-5437 ISSUE STATEMENT The City Council is scheduled to take action on this request to withdraw previously annexed properties from special districts. BACKGROUND The City Council held the required public hearing on this item on February 22, 2011. Public testimony was received from one individual, Dale Weigandt, superintendant of River Road Park & Recreation District, who stated he is opposed to the annexation of the below-described Lindner Lane property, which is currently served by his district. To clarify, the owners of properties described below were already annexed to the City of Eugene in 2010, following voluntary application by the property owners and subsequent approval by City Council. State law and local code requires that properties (or “territories”) that are annexed to cities be withdrawn from special service districts through a separate process. When properties are withdrawn from special districts following annexation to the City, the City assumes responsibility for providing services (e.g. fire protection, water service, etc.) formerly provided by the special districts. The special districts affected by action in this particular case are Lane Rural Fire District, River Road Park & Recreation District, and River Road Water District. Withdrawals come before the council on an annual basis. Properties annexed during the previous year are batched together to facilitate this process. The 2011 batch contains the two annexations approved in 2010 (for a total of six tax lots):  Kirk Giudici and Jade Elms—195 Lindner Lane; (City File A 10-01, Effective May 24, 2010)  Airport Industrial Properties—29536, 29538, 29540, 29548, and 29550 Airport Road; (City File A 10-02, Effective November 3, 2010) The council is asked to determine whether the withdrawals meet the approval criterion established by state law and local code; the only approval criterion is that the City “shall determine whether the withdrawal is in the best interest of the city” (EC 9.7835). If the council finds that the withdrawals are in the City's best interest, the council is asked to adopt the ordinance (Attachment B), which provides for \\Cesrv500\cc support\CMO\2011 Council Agendas\M110228\S1102285.doc