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Home My WebLink AboutItem 4: Ordinance Providing Withdrawal of Property from RR & Rec Dist ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: An Ordinance Providing for Withdrawal of Annexed Properties from the River Road Park & Recreation District, and the River Road Water District Meeting Date: January 28, 2013 Agenda Item Number: 4 Department: Planning and Development Staff Contact: Becky Taylor www.eugene-or.gov Contact 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 January 22, 2013. No public testimony was received at the public hearing. The purpose of the ordinance is to remove annexed properties from the tax rolls of special service districts, which in this case are the River Road Park and Recreation District and the River Road Water District. Annexation of these properties was approved by the City Council in 2012, at the request of the property owners. The City is now providing urban services to these properties; however, they remain on the tax rolls of special service districts until withdrawn. These withdrawals come before the council on an annual basis. This year, the batch contains the three annexations approved in 2012 (for a total of five tax lots). Timing for adoption of the ordinance is critical. State statutes provide that any properties to be withdrawn must be withdrawn by March 31, 2013; otherwise those properties will remain on the tax rolls of special service districts until July 2013. If the council finds that the withdrawals are in the City's best interest, the council is asked to adopt the attached ordinance, which provides for the withdrawal from special service districts of these annexed properties. Maps and legal descriptions of the properties to be withdrawn are provided as exhibits to the ordinance. 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 City Council to find that approval of the withdrawal is in the best interest of the City. S:\CMO\2013 Council Agendas\M130128\S1301284.doc 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, 2013. SUGGESTED MOTION I move to adopt Council Bill 5085 withdrawing territories from the River Road Park and Recreation District and the River Road Water District. ATTACHMENTS A. Ordinance, including Exhibits A, B, and C (legal descriptions and maps of properties) FOR MORE INFORMATION Staff Contact: Becky Taylor, Associate Planner Telephone: 541- 682-5437 Staff e-mail: becky.g.taylor@ci.eugene.or.us S:\CMO\2013 Council Agendas\M130128\S1301284.doc ATTACHMENT A ORDINANCE NO. __________ AN ORDINANCE PROVIDING FOR WITHDRAWAL OF ANNEXED PROPERTIES FROM 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 River Road Park & Recreation District, and the River Road Water District (“the Districts”) which have been annexed to the City, was published in the Register-Guard on January 8 and 15, 2013, 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 January 22, 2013, at 7:30 p.m., in Harris Hall at the Lane County Public Service Building 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 River Road Park & Recreation District and from the River Road Water District, effective July 1, 2013: File Name/Number: W. Dickinson Properties / A 11-1 Site Address: 925 River Road Assessor's Map: 17-04-24-24; Tax Lots: 7701 and 7800 Location: East of River Road, north of McClure Lane, south of Oakleigh Lane, and more particularly described on Exhibit A attached to this Ordinance and incorporated herein by reference. Annexation Approved: January 23, 2012, by Eugene Council Resolution #5052 Annexation Effective: January 26, 2012 File Name/Number: Satterwhite Family Trust / A 12-1 Site Address: 189 and 201 Crocker Lane Assessor's Map: 17-04-25-21; Tax Lots: 2600 and 2801 Ordinance - Page 1 of 2 Location: West of River Road, north of Crocker Lane, south of Hansen Lane, and more particularly described on Exhibit B attached to this Ordinance and incorporated herein by reference. Annexation Approved: July 23, 2012, by Eugene Council Resolution #5066 Annexation Effective: July 30, 2012 File Name/Number: Robert and Jacqueline Getty Site Address: Audel Avenue (no street number applicable) Assessor's Map: 17-04-23-20; Tax Lot: 122 Location: West of Lake Drive, south of Howard Avenue, east of N. Park Avenue, and more particularly described on Exhibit C attached to this Ordinance and incorporated herein by reference. Annexation Approved: July 23, 2012, by Eugene Council Resolution #5068 Annexation Effective: July 30, 2012 Section 2. 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 th 28 day of January, 2013. ____ day of January, 2013. __________________________________ __________________________________ City Recorder Mayor Ordinance - Page 2 of 2 Exhibit A Page 1 of 3 Exhibit A Page 2 of 3 Exhibit A, Page 3 of 3 ;(MGOMRWSR4VSTIVXMIW % ;(MGOMRWSR4VSTIVXMIW % ;MXLHVE[EP%VIE )YKIRI'MX]0MQMXW Exhibit B Page 1 of 2 Exhibit B, Page 2 of 2 Satterwhite Family Trust (A 12-1) Satterwhite Family Trust (A 12-1) Withdrawal Area Eugene City Limits Exhibit C Page 1 of 2 Exhibit C, Page 2 of 2 Getty, Robert & Jacqueline (A 12-2) Getty, Robert & Jacqueline (A 12-2) Withdrawal Area Eugene City Limits