Item 1: Ordinance Withdrawing Annexed Land from Special Districts (2)

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Public Hearing: An Ordinance Providing for Withdrawal of Annexed Properties from the Willakenzie Rural Fire Protection District, the Santa Clara Rural Fire Protection District, and from the Santa Clara Water District Hearing Date: January 19, 2010 Agenda Item Number: 1 Department: Planning and Development Staff Contact: Ann Siegenthaler www.eugene-or.govContact 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 State law and local code require properties (“territories”) that are annexed to cities to withdraw from special service districts through a separate process after the annexation of those properties becomes effective. When properties are withdrawn from special districts upon annexation to the City, the City assumes responsibility for providing services (e.g. fire protection, water service) formerly provided by the special districts. The special districts affected by this action are the Willakenzie Rural Fire Protection District, the Santa Clara Rural Fire Protection District, and the Santa Clara 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 2010 batch contains the three annexations approved in 2009, and one annexation approved in 2008, (for a total of 11 tax lots or portions of tax lots). In accordance with state law and local code requirements, withdrawals from special districts are reviewed by the council through a public hearing in order to hear any 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; the only approval criterion 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 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. Approving the withdrawal ordinance prior to Z:\CMO\2010 Council Agendas\M100119\S1001191.doc