Memorandum

City of Lawrence

Legal Services Department

TO:	David L. Corliss, City Manager
FROM:	Toni Wheeler, Director of Legal Services
Date:	April 23, 2009
RE:	Petition to Douglas County Commission for Annexation of Former Farmland Site

Please place on the City Commission’s agenda the attached petition to the Board of County Commissioners of Douglas County for the annexation of the former Farmland Nitrogen Facility on Highway K-10 on the east side of Lawrence.  The City is proceeding with annexation of the land pursuant to K.S.A. 12-521.  Under this type of annexation, the City proposes the annexation and the County holds a public hearing on whether the annexation should be granted or denied. 

Procedure

The process begins with the City authorizing a petition to be filed with the Board of County Commissioners.  The petition contains a legal description of the land to be annexed and requests that the County Commission hold a public hearing on the advisability of the proposed annexation.  The City also files with the petition a plan for extending municipal services to the area to be annexed.  The City’s Plan is also attached.  The petition will be submitted to the Planning Commission after presentation of the petition to the Board of County Commissioners.   

The County Commission sets a date for the hearing between sixty (60) and seventy (70) days of the date the petition is presented to the County.  Notice of the date, time and place of the hearing is sent to each landowner involved, along with a sketch of the area to be annexed.  Notice is also published in the newspaper.  At the hearing, the City presents its proposal for annexation, including the planned extension of municipal services.  The County may hear other testimony regarding the advisability of the proposed annexation.  The Board of County Commissioners is required to consider the impact of approving or disapproving the annexation on the entire community, including the City and the land proposed to be annexed.  The Board of County Commissioners makes specific written findings and conclusions regarding whether the proposed annexation will cause manifest injury to the landowners of the area to be annexed, or to landowners of property adjacent to or nearby the proposed annexation.  The Board of County Commission must render a decision regarding the annexation within seven (7) days of the close of the public hearing. 

If the County approves the annexation, the City will adopt and publish an annexation ordinance, with certified copies of the published ordinance filed with the County Clerk, Register of Deeds and the County election officer.

Action Requested:  Approve Petition seeking approval of the proposed annexation of the former Farmland property from the Board of County Commissioners of Douglas County, Kansas, pursuant to K.S.A. 12-521, if appropriate.