Item 4: Ordinance on Withdrawal of Annexed Properties from RR Park & Rec District

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Public Hearing: An Ordinance Providing for Withdrawal of Annexed Properties from the River Road Park & Recreation District, and the River Road Water District Meeting Date: January 22, 2013 Agenda Item Number: 4 Department: Planning and Development Staff Contact: Becky Taylor www.eugene-or.govContact Telephone Number: 541-682-5437 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 When properties are withdrawn from special districts upon annexation to the City, the City assumes responsibility for providing services (e.g. fire protection, water service) formerly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 River Road Park & Recreation District, and the 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 2012 batch contains the three annexations approved in 2012 (for a total of five 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. This delay would mean that the properties will remain on the tax roll of the special service districts that no longer provide services to the property for more than a year. Approving the withdrawal ordinance S:\CMO\2013 Council Agendas\M130122\S1301224.doc