HomeMy WebLinkAboutItem 2: Ordinance Providing for Withdrawal from Special Districts
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Pursuant to state law and local code requirements, territories annexed to cities are withdrawn from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Properties are withdrawn from special districts upon annexation to the city as a result of the city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.
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Public notice of the hearing was published and posted as required by state law and local code
requirements. Based on previous years' withdrawals, little or no public testimony is anticipated.
Annexation of the subject parcels was initiated by the property owners, and public notice of annexation
was provided. The inclusion of subject parcels on City tax rolls, and withdrawal from special districts
taxation was anticipated by the applicants and by special districts as part of the annexation process.
Legal descriptions and maps (Exhibits 1 through 14) showing the location of each annexed property
subject to withdrawal are included in the council packet for the public hearing.
RELATED CITY POLICIES
The approval criterion for withdrawal from public service districts following annexation is contained in
EC 9.7835, and corresponding statutory provisions at ORS 222.524, which require the council to find
that approval of the withdrawal is in the best interest of the City.
COUNCIL OPTIONS
The City Council may consider the following options:
1. Approve the withdrawals by ordinance;
2. Approve the withdrawals by ordinance with specific modifications as determined by the City
Council;
3. Deny the withdrawals by ordinance.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends that the council take action on this item at its meeting on February 23,
2009, adopting the ordinance as drafted, providing for withdrawal of all of the listed territories by March
31, 2009.
SUGGESTED MOTION
None at this time; council action is scheduled for February 23, 2009.
ATTACHMENTS
A. Ordinance, including Exhibits 1 through 14 (13 exhibits prepared by Boundary Commission in 2008,
one exhibit prepared by City of Eugene for the 2009 annexation).
FOR MORE INFORMATION
Staff Contact: Ann Siegenthaler, Associate Planner
Telephone: (541) 682-5452
Staff e-mail: ann.siegenthaler@ci.eugene.or.us
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ATTACHMENT A
ORDINANCE NO. _______
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.
The City Council of the City of Eugene finds that:
A.
Notice of the proposed withdrawal of real property contained in the River Road
Water District, the River Road Park and Recreation District, the Santa Clara Rural Fire
Protection District, and/or the Santa Clara Water District (“the Districts”) which has been
annexed to the City, was published in the Register-Guard on February 2 and 9, 2009, and posted
in four public places in the City of Eugene for the same period of time.
B.
The Notice provided that a public hearing was set for February 17, 2009, at 7:30
p.m., in the Council Chambers, City Hall, in Eugene, Oregon, to allow the City Council to hear
objections to the withdrawals and to determine whether the withdrawals are in the best interest of
the City.
C.
The City is willing to assume the liabilities and indebtedness previously
contracted by the Districts proportionate to the parts of the Districts that have been annexed to
the City upon the effective date of the withdrawals as provided in ORS 222.520.
D.
The withdrawals of the annexed territories from the Districts are consistent with
adopted City policies, and are in the best interest of the City.
NOW, THEREFORE,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
The following territories in Lane County, Oregon, annexed to the City of
Eugene by Notice of the Lane County Local Boundary Commission, are withdrawn from the
River Road Water District and River Road Park and Recreation District effective July 1, 2009:
File Name/Number: James-Long; EC EU 08-03
Site Address: 900 Sunnyside Avenue
Tax Lot(s): 4100
Assessor's Map: 17-04-23-41
Location: River Road region of north Eugene, south of Beltline Road, west of
River Road, south of Sunnyside Drive, east of Park Terrace, north of Park
Avenue, and more particularly described on Exhibit 1 attached to this Ordinance
and incorporated herein by reference.
Effective and Approved: January 25, 2008
Ordinance - Page 1 of 5
File Name/Number: G&R Building Concepts/JLA Investments; EC EU 08-04
Site Address: 651 Bushnell Lane
Tax Lot(s): 401
Assessor's Map: 17-04-15-10
Location: River Road region of north Eugene, south of Beltline Road, east of
River Road, west of the Northwest Expressway, north of Bushnell Lane, east of
Skipper Avenue, and more particularly described on Exhibit 2 attached to this
Ordinance and incorporated herein by reference.
Effective and Approved: January 25, 2008
File Name/Number: Manley; EC EU 08-09
Site Address: None available.
Tax Lot(s): Portions of Tax Lots 6100 and 6200
Assessor's Map: 17-04-23-22
Location: River Road region of north Eugene, south of Beltline Road, west of
River Road, south of Maxell Road, west of North Park Avenue, north of Virgil
Avenue, and east of Compton Avenue, and more particularly described on Exhibit
3 attached to this Ordinance and incorporated herein by reference.
Effective and Approved: January 25, 2008
File Name/Number: Hernandez; EC EU 08-11
Site Address: 1457 Golden Avenue
Tax Lot(s): 7200
Assessor's Map: 17-04-14-44
Location: River Road region of north Eugene, south of Beltline Road, west of
River Road, south of Hatton Avenue, west of Parnell Drive, east of Golden
Avenue, and more particularly described on Exhibit 4 attached to this Ordinance
and incorporated herein by reference.
Effective and Approved: January 25, 2008
File Name/Number: G&R Building Concepts/JLA Investments; EC EU 08-19
Site Address: 1806 Allea Drive
Tax Lot(s): 900, 1200, 1500, and a portion of Tax Lot 1300
Assessor's Map: 17-04-15-41
Location: River Road region of north Eugene, south of Beltline Road, west of
River Road, east of Northwest Expressway, north of Maxwell Road, south of
Bramblewood Lane, west of Allea Drive, and more particularly described on
Exhibit 5 attached to this Ordinance and incorporated herein by reference.
Effective and Approved: January 25, 2008
File Name/Number: G&R Building Concepts/JLA Investments; EC EU 08-20
Site Address: None available
Tax Lot(s): 4600, 4601, 4700
Assessor's Map: 17-04-23-44
Ordinance - Page 2 of 5
Location: River Road region of north Eugene, south of Beltline Road, west of
River Road, south of Filbert Avenue, east of the Northwest Expressway, and west
of Chestnut Drive, and more particularly described on Exhibit 6 attached to this
Ordinance and incorporated herein by reference.
Effective and Approved: January 28, 2008
Section 2.
The following territories in Lane County, Oregon, annexed to the City of
Eugene by Order of the Lane County Local Boundary Commission, are withdrawn from the
River Road Water District and River Road Park and Recreation District effective July 1, 2009:
File Name/Number: Minor/Pound/Oakleigh Lane; C EU 08-07
Site Address: 119 McClure Lane
Tax Lot(s): 5800 and a 260 foot segment of Oakleigh Lane right-of-way
Assessor's Map: 17-04-24-24
Location: River Road region of north Eugene, south of Beltline Road, east of
River Road, north of McClure Lane, south of Oakleigh Lane, and west of the
Willamette River, and more particularly described on Exhibit 7 attached to this
Ordinance and incorporated herein by reference.
Effective: May 21, 2008
Approved: February 7, 2008 by Boundary Commission Final Order No. 1328
File Name/Number: Hummel; C EU 08-08
Site Address: 1372 Sunny Drive
Tax Lot(s): 6700 and a portion of the Sunny Drive right-of-way
Assessor's Map: 17-04-14-43
Location: River Road region of north Eugene, south of Howard Avenue, east of
Dalton Drive, west of Golden Avenue, north of Horn Lane, and more particularly
described on Exhibit 8 attached to this Ordinance and incorporated herein by
reference.
Effective: May 21, 2008
Approved: February 7, 2008 by Boundary Commission Final Order No. 1329
Section 3.
The following territory in Lane County, Oregon, annexed to the City of
Eugene by Resolution of the Eugene City Council, is withdrawn from the River Road Park and
Recreation District, the Santa Clara Water District, and the Santa Clara Rural Fire Protection
District, effective July 1, 2009:
File Name/Number: Koester/Haggard/Carroll; A 08-4
Site Address: 687 River Avenue
Tax Lot(s): 3400 and a 260-foot section of the Beaver Street right-of-way
Assessor's Map: 17-04-13-00
Location: Santa Clara region of north Eugene, south of Beltline Road, east of
Ross Lane, west of the Willamette River, and more particularly described on
Exhibit 9 attached to this Ordinance and incorporated herein by reference.
Ordinance - Page 3 of 5
Effective: January 29, 2009 (date annexation Resolution filed with the Oregon Secretary
of State pursuant to EC 9.7830 and ORS 222.180)
Approved: January 26, 2009 by Eugene Council Resolution No. 4963
Section 4
. The following territories in Lane County, Oregon, annexed to the City of
Eugene by Order of the Lane County Local Government Boundary Commission, are withdrawn
from the Santa Clara Water District, effective July 1, 2009:
File Name/Number: Wallace; C EU 08-01
Site Address: 740 River Loop #1
Tax Lot(s): 2401 and an approximately 2.0 acre segment of River Loop 1 right-
of-way
Assessor's Map: 17-04-12-20
Location: Santa Clara region of north Eugene, north of Beltline Road, east of
River Road, south and east of River Loop 1, west of Admiral Street, and north of
Grizzly Avenue, and more particularly described on Exhibit 10 attached to this
Ordinance and incorporated herein by reference.
Effective: May 21, 2008
Approved: February 7, 2008 by Boundary Commission Final Order No. 1327
File Name/Number: Treadmill Joint Venture; C EU 08-10
Site Address: None available.
Tax Lot(s): 1490
Assessor's Map: 17-04-10-00
Location: Santa Clara region in north Eugene, north of Beltline Road, west of
River Road, east of the Northwest Expressway, north of Winery Lane, west of
Merryvale Road, and south of Chardonnay Lane, and more particularly described
on Exhibit 11 attached to this Ordinance and incorporated herein by reference.
Effective: May 21, 2008
Approved: February 7, 2008 by Boundary Commission Final Order No. 1330
File Name/Number: Dream Crafters LLC; C EU 08-13
Site Address: 2675 Ross Street
Tax Lot(s): 5800
Assessor's Map: 17-04-12-31
Location: Santa Clara region of north Eugene, north of Beltline Road, east of
River Road, south of Hunsaker Lane, north of Helen Street, and east of Ross
Lane, and more particularly described on Exhibit 12 attached to this Ordinance
and incorporated herein by reference.
Effective: May 21, 2008
Approved: February 7, 2008 by Boundary Commission Final Order No. 1331
File Name/Number: Santa Clara Properties LLC; C EU 08-18
Site Address: 2615 River Road
Tax Lot(s): 800
Assessor's Map: 17-04-11-44
Ordinance - Page 4 of 5
Location: Santa Clara region of north Eugene, north of Beltline Road, east of
River Road, north of Green Lane, and south of Hunsaker Lane, and more
particularly described on Exhibit 13 attached to this Ordinance and incorporated
herein by reference.
Effective: May 21, 2008
Approved: February 7, 2008 by Boundary Commission Final Order No. 1335
File Name/Number: 3585 Emerald LLC; C EU 08-21
Site Address: 2757 Ferndale Drive
Tax Lot(s): 600
Assessor's Map: 17-04-11-31
Location: Santa Clara region of north Eugene, north of Beltline Road, east and
adjacent to Ferndale Drive, north of Irving Road, and south of Oak Leaf Drive,
and more particularly described on Exhibit 14 attached to this Ordinance and
incorporated herein by reference.
Effective: May 21, 2008
Approved: February 7, 2008 by Boundary Commission Final Order No. 1336
Section 5.
The City Recorder is requested to forward a copy of this Ordinance to the
above referred Districts.
Passed by the City Council this Approved by the Mayor this
___ day of February, 2009. ______ day of February, 2009.
_______________________________ ________________________________
City Recorder Mayor
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Ordinance - Page 5 of 5