HomeMy WebLinkAboutItem 2: Annexation of Properties from Lane Rural Fire District, River Road Parks and River Road Water District
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Public Hearing: An Ordinance Providing for Withdrawal of Annexed Properties from
the Lane Rural Fire District, the River Road Park & Recreation District,
and the River Road Water District
Meeting Date: February 22, 2011 Agenda Item Number: 2
Department: Planning and Development Staff Contact: Bill Almquist
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 When properties are withdrawn from special districts upon annexation to the City, the City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 Lane Rural Fire District, 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 2011 batch contains the two annexations approved in 2010
(for a total of six tax lots):
Kirk Giudici and Jade Elms—195 Lindner Lane; (City File A 10-01, Effective May 24, 2010)
Airport Industrial Properties—29536, 29538, 29540, 29548, and 29550 Airport Road; (City File A
10-02, Effective November 3, 2010)
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 B) 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
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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 prior to March 31,
2011, will result in the withdrawals taking effect on July 1, 2011, and those properties being included on
the City tax roll immediately thereafter. Council action on the ordinance is scheduled for February 28,
2011.
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 and 2) 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 28, 2011.
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 28, 2011.
SUGGESTED MOTION
None at this time. A suggested motion will be provided at the time of City Council deliberations and
action scheduled for February 28, 2011.
ATTACHMENTS
A. Vicinity Map of Subject Properties
B. Draft Ordinance, including Exhibits 1 and 2 (legal descriptions and maps of properties).
FOR MORE INFORMATION
Staff Contact: Bill Almquist, Assistant Planner
Telephone: 541- 682-5437
Staff e-mail: bill.j.almquist@ci.eugene.or.us
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ORDINANCE NO. _________
AN ORDINANCE PROVIDING FOR WITHDRAWAL OF ANNEXED
PROPERTIES FROM THE LANE RURAL FIRE DISTRICT, THE RIVER ROAD
PARK & RECREATION DISTRICT, AND THE RIVER ROAD WATER
DISTRICT.
The City Council of the City of Eugene finds that:
A.
Notice of the proposed withdrawal of real property contained in the Lane Rural
Fire District, the River Road Park & Recreation District, and the River Road Water District
been annexed to the City, was published in the Register-Guard on
February 8 and 15, 2011, and posted in four public places in the City of Eugene for a period of
two successive weeks prior to the hearing date.
B.
The Notice provided that a public hearing was set for February 22, 2011, 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 territory in Lane County, Oregon, annexed to the City of
Eugene by Resolution of the Eugene City Council, is withdrawn from the Lane Rural Fire
District, effective July 1, 2011:
File Name/Number: Airport Industrial Properties (A 10-2)
Site Address: 29536, 29538, 29540, 29548, and 29550 Airport Road
Assessor's Map: 17-04-09-20; Tax Lots: 1500, 1700, 1800, 2000, 2100
Location: West of Highway 99, south of Airport Road, and more particularly
described on Exhibit 1 attached to this Ordinance and incorporated herein by
reference.
Annexation Approved: October 12, 2010, by Eugene Council Resolution No.
5015
Annexation Effective: November 3, 2010
Ordinance - Page 1 of 2
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 River Road Park &
Recreation District and from the River Road Water District, effective July 1, 2011:
File Name/Number: Kirk Giudici and Jade Elms (A 10-1)
Site Address: 195 Lindner Lane
Assessor's Map: 17-04-13-33; Tax Lot: 7100
Location: West of River Road, east of Evergreen Drive, north of Lindner Lane,
and more particularly described on Exhibit 2 attached to this Ordinance and
incorporated herein by reference.
Annexation Approved: May 24, 2010, by Eugene Council Resolution No. 5006
Annexation Effective: May 24, 2010
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, 2011. ____ day of February, 2011.
__________________________________ __________________________________
City Recorder Mayor
Ordinance - Page 2 of 2