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Home My WebLink AboutItem 1: Ordinance Withdrawing Annexed Land from Special Districts (2) 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 When properties are withdrawn from special districts upon annexation to the City, the City assumes responsibility for providing services (e.g. fire protection, water service) formerly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 March 31, 2010, will result in the withdrawals taking effect on July 1, 2010. Council action on the ordinance is scheduled for February 8, 2010. Public notice of the hearing was published and posted as required by state law and local code requirements, including notice to the affected special service districts. Based on previous years' withdrawals, little or no public testimony is anticipated. Annexation of these properties was initiated by the property owners, and public notice of annexation was provided. The inclusion of these properties on City tax rolls, and withdrawal from special districts taxation was anticipated by the property owners and by special districts as part of the annexation process. Legal descriptions and maps (Exhibits 1 through 4) 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 No action is required at this time; however, options will be provided at the time of City Council deliberations and action scheduled for February 8, 2010. CITY MANAGER’S RECOMMENDATION As this is the public hearing for this item, no recommendation is suggested at this time. A recommendation will be provided for the City Council deliberations and action scheduled for February 8, 2010. SUGGESTED MOTION None at this time. A suggested motion will be provided at the time of City Council deliberations and action scheduled for February 8, 2010. ATTACHMENTS A.Vicinity Map B. Ordinance, including Exhibits 1 through 4 (legal descriptions and maps of properties). FOR MORE INFORMATION Staff Contact: Ann Siegenthaler, Associate Planner Telephone: (541) 682-5452 Staff e-mail: ann.siegenthaler@ci.eugene.or.us Z:\CMO\2010 Council Agendas\M100119\S1001191.doc Ô±½¿¬·±² ±º Ð®±°»®¬·» Ô·²¬¦ô Ø»¿¬¸»® øß ðèóê÷ ó Û«¹»²» Í½¸±±´ Ü·¬®·½¬ øß ðèóï÷ ó Ý±«²¬§ Ú¿®³ Î¼ ß²²»¨¿¬·±² øß ðçóï÷ Â Â Â Â Ñ´¼ Ý±¾«®¹ Î¼ ß²²»¨¿¬·±² øß ðèóé÷ l Ý¿«¬·±²æ Ì¸· ³¿° · ¾¿»¼ ±² ·³°®»½·» ±«®½» ¼¿¬¿ô «¾¶»½¬ ¬± ½¸¿²¹»ô ¿²¼ º±® ¹»²»®¿´ ®»º»®»²½» ±²´§ò ATTACHMENT B ORDINANCE NO. _________ 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. The City Council of the City of Eugene finds that: A. Notice of the proposed withdrawal of real property contained in the Willakenzie Rural Fire Protection District, the Santa Clara Rural Fire Protection District, and from the Santa Clara Water District (“the Districts”) which have been annexed to the City, was published in the Register-Guard on January 4 and 11, 2010, 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 January 19, 2010, 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 Resolution of the Eugene City Council, are withdrawn from the Willakenzie Rural Fire Protection District, effective July 1, 2010: File Name/Number: Eugene School District 4J (A 08-1) Site Address: None available Assessor's Map: 17-03-16-22; Tax Lot: portion of 102 Location: East side of Coburg Road, north of Kinney Loop, south of Game Farm Road, and more particularly described on Exhibit 1 attached to this Ordinance and incorporated herein by reference. Approved: October 13, 2008 by Eugene Council Resolution No. 4948 Effective: November 5, 2008 File Name/Number: Old Coburg Road Annexation (A 08-7) Site Address: Assessor’s Map: Tax Lot: 89255 Old Coburg Road 17-03-16-41 400 89295 Old Coburg Road 17-03-16-41 500 89297 Old Coburg Road 17-03-16-41 600 Ordinance - Page 1 of 2 89317 Old Coburg Road 17-03-16-41 700 89350 Old Coburg Road 17-03-16-41 800 89344 Old Coburg Road 17-03-16-41 900 89326 Old Coburg Road 17-03-16-41 1002 89385 and 89375 Old Coburg Road 17-03-15-00 portion of 900 Right-of-Way: 3.19 acre section of the Old Coburg Road right-of-way contiguous to property described above. Location: East of Coburg Road, west of I-5 between Chad Drive and North Game Farm Road, along Old Coburg Road, and more particularly described on Exhibit 2 attached to this Ordinance and incorporated herein by reference. Approved: February 23, 2009 by Eugene Council Resolution No. 4965 Effective: March 9, 2009 File Name/Number: County Farm Road (A 09-1) Site Address: None available Assessor's Map: 17-03-17-11; Tax Lot: 800 Right-of-Way: .65 acre section of the southern portion of Park View Drive right- of-way contiguous to the property described above. Location: West of County Farm Road, south of Park View Drive, and more particularly described on Exhibit 3 attached to this Ordinance and incorporated herein by reference. Approved: May 11, 2009 by Eugene Council Resolution No. 4975 Effective: May 20, 2009 Section 2. The following territory in Lane County, Oregon, annexed to the City of Eugene by Resolution of the Eugene City Council, is withdrawn from the Santa Clara Rural Fire Protection District, and from the Santa Clara Water District, effective July 1, 2010: File Name/Number: Heather Lintz (A 08-6) Site Address: 484 and 490 River Loop #1 Assessor's Map: 17-04-11-11; Tax Lot: 8300 Location: South and east of River Loop #1, north of Grizzly Avenue, and more particularly described on Exhibit 4 attached to this Ordinance and incorporated herein by reference. Approved: October 12, 2009 by Eugene Council Resolution No. 4988 Effective: November 4, 2009 Section 3. 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, 2010. ____ day of February, 2010. __________________________________ __________________________________ City Recorder Mayor Ordinance - Page 2 of 2