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HomeMy WebLinkAboutItem 9: Ordinance for Withdrawal of Territories from the River Road Water District ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: 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 Meeting Date: February 23, 2009 Agenda Item Number: 9 Department: Planning and Development Staff Contact: Ann Siegenthaler www.eugene-or.gov Contact Telephone Number: (541) 682-5452 ISSUE STATEMENT The City Council is scheduled to take action on this request to withdraw from special districts properties annexed to the city in the last year. BACKGROUND The City Council held its required public hearing on this item on February 17, 2009. There are 14 territories now annexed to the city which are to be withdrawn from special service districts. These represent annexations initiated by property owners and approved in 2008 and early 2009. As provided by state law and local code requirements, the City Council is asked to determine whether the withdrawal is in the best interest of the City (ORS 222.524 and 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 A) which provides for the withdrawal from special service districts of these annexed territories. The withdrawals must be approved and submitted to the State Department of Revenue prior to March 31, 2009, or the withdrawals will not become effective until July 2010, and these properties will remain until then on the tax roll of the special service district that no longer provides services to the property. The council packet for the February 17, 2009 public hearing contains the ordinance and legal descriptions and maps (Exhibits 1 through 14) showing the location of each annexed property subject to withdrawal. The ordinance and exhibits are provided here again, for the City Council's convenience. 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. Z:\CMO\2009 Council Agendas\M090223\S0902239.doc CITY MANAGER’S RECOMMENDATION The City Manager recommends adoption of the ordinance as drafted, providing for withdrawal of all of the listed territories by March 31, 2009. SUGGESTED MOTION Move to adopt 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 the Santa Clara Water District. ATTACHMENTS A. Ordinance, including Exhibits 1 through 14 (thirteen 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 Z:\CMO\2009 Council Agendas\M090223\S0902239.doc 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 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 Ordinance - Page 2 of 5 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. 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 Ordinance - Page 3 of 5 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 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 Ordinance - Page 4 of 5 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 00219569.DOC;1 Ordinance - Page 5 of 5