Item 2: Ordinance Providing for Withdrawal from Special Districts

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Public Hearing: An Ordinance Providing for Withdrawal of Territories from the River Road Water District, the River Road Park and Recreation District, the Santa Clara Rural Fire Protection District, and from the Santa Clara Water District Date: February 17, 2009 Agenda Item Number: 2 Department: Planning and Development Staff Contact: Ann Siegenthaler www.eugene-or.gov Contact Telephone Number: (541) 682-5452 ISSUE STATEMENT The City Council will hold a required public hearing to consider an ordinance to withdraw annexed land from public service districts. BACKGROUND Pursuant to state law and local code requirements, territories annexed to cities are withdrawn from special service districts through a separate process after the annexation of those areas becomes effective. Properties are withdrawn from special districts upon annexation to the city as a result of the city assuming responsibility for providing urban services. The special districts affected by this action are River Road Water District, the River Road Park and Recreation District, the Santa Clara Rural Fire Protection District, and the Santa Clara Water District. Withdrawals routinely come before the council on an annual basis. Properties annexed during the previous year are batched together to facilitate this process. The 2009 batch contains the 13 annexations requested by property owners in 2008, and one annexation in 2009, for which withdrawals are needed. In accordance with state law and local code requirements, withdrawals from special districts are reviewed by the council through a public hearing for the purpose of hearing objections to the withdrawals. After the public hearing, the council will be asked to determine whether the withdrawals meet the approval criterion established by state law and local code, which is that the City “shall determine whether the withdrawal is in the best interest of the city” (EC 9.7835). The attached ordinance (Attachment A) describes the affected properties and withdraws them from special districts. If the withdrawals are found to be in the City’s best interest, the ordinance should be adopted to make the withdrawals effective. Withdrawals are time sensitive. State law provides that, if a withdrawal is not approved or enacted prior to March 31, the withdrawal does not become effective until July 1 of the following year. If the proposed withdrawals are not effective by July 1, these properties will remain on the tax roll of the special service districts that no longer provide services to the property. Enacting the withdrawal ordinance prior to March 31, 2009, will result in the withdrawals taking effect on July 1, 2009. The council action on the ordinance is scheduled for February 23, 2009. Z:\CMO\2009 Council Agendas\M090217\S0902172.doc