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Home My WebLink AboutItem 5: Annexation - Annual Withdrawal from Special Districts ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: 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 28, 2011 Agenda Item Number: 5 Department: Planning and Development Staff Contact: Bill Almquist www.eugene-or.govContact Telephone Number: 541-682-5437 ISSUE STATEMENT The City Council is scheduled to take action on this request to withdraw previously annexed properties from special districts. BACKGROUND The City Council held the required public hearing on this item on February 22, 2011. Public testimony was received from one individual, Dale Weigandt, superintendant of River Road Park & Recreation District, who stated he is opposed to the annexation of the below-described Lindner Lane property, which is currently served by his district. To clarify, the owners of properties described below were already annexed to the City of Eugene in 2010, following voluntary application by the property owners and subsequent approval by City Council. State law and local code requires that properties (or “territories”) that are annexed to cities be withdrawn from special service districts through a separate process. When properties are withdrawn from special districts following annexation to the City, the City assumes responsibility for providing services (e.g. fire protection, water service, etc.) formerly provided by the special districts. The special districts affected by action in this particular case are Lane Rural Fire District, River Road Park & Recreation District, and 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) The council is 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). If the council finds that the withdrawals are in the City's best interest, the council is asked to adopt the ordinance (Attachment B), which provides for \\Cesrv500\cc support\CMO\2011 Council Agendas\M110228\S1102285.doc the withdrawal from special service districts of these annexed properties. Maps and legal descriptions of the properties to be withdrawn are also provided as exhibits to the ordinance. As a reminder, withdrawals are time sensitive. State law provides that, if a withdrawal is not approved by 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 Approving the withdrawal ordinance by provide services to the property for more than a year. 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. 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 adoption of the ordinance as drafted, providing for withdrawal of all listed territories by March 31, 2011. SUGGESTED MOTION I move that the City Council adopt 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. ATTACHMENTS A. Vicinity Map of Subject Properties B. 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 \\Cesrv500\cc support\CMO\2011 Council Agendas\M110228\S1102285.doc 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