Memorandum

City of Lawrence

City Attorney’s Office

TO:                  David L. Corliss, City Manager

                        Cynthia Wagner, Assistant City Manager

                        Toni Ramirez Wheeler, City Attorney

FROM:            Randall F. Larkin, Senior Assistant City Attorney

CC:                  Scott McCullough, Director of Planning and Development Services

                        Michelle Leininger, Long-Range Planner

DATE:             February 8, 2012

RE:                  Annexation of approximately 125 acres (Yankee Tank) – Notice to Rural Water District No.  1

__________________________________________________________________

Staff requests authorization to provide written notice to Rural Water District No. 1 of the City’s intent to annex approximately 125 acres of land, including Yankee Tank (commonly known as Lake Alvamar) and three tracts of land adjacent thereto, all of which are contiguous to the City. Because portions of the subject properties are located in the service territory of Rural Water District No. 1, K.S.A. 2010 Supp. 12-539 requires that such notice be provided before the City may annex the subject properties.

Background

At its July 13, 2011, regular meeting, the City Commission authorized the Mayor to sign a joint letter, together with other local entities, addressed to the National Resource Conservation Service supporting its proposal to fund a large portion of rehabilitation of the Yankee Tank Dam (commonly known as the Lake Alvamar Dam). For the City to participate in the project and for the project to receive the necessary funding, the lake property and three adjacent parcels would have to be annexed into the City. Accordingly, thereafter, the owners of those properties submitted to the City two separate applications for annexation. At its August 23, 2011 regular meeting, in accordance with City policy, the City Commission received those applications and referred them to the Lawrence-Douglas County Metropolitan Planning Commission for consideration and recommendation. 

At its January 23, 2012, regular meeting, the Lawrence-Douglas County Metropolitan Planning Commission considered Request for Annexation, No. A-8-3-11, submitted by owners of record, North Tank, L.C., and Burning Tree, L.L.C., requesting that the City annex approximately 17.4 acres adjacent to Yankee Tank and contiguous to the City. At the same time, the Planning Commission considered Request for Annexation,       No. A-8-4-11, submitted by owners of record, Alvamar, Inc., and Kansas Athletics, Inc., requesting that the City annex approximately 109 acres including Yankee Tank and two tracts adjacent thereto, all of which are contiguous to the City. As noted above, portions of those properties are located in the service territory of Rural Water District No. 1. After receiving a presentation from staff, reviewing evidence produced by the applicants, and hearing public comment, the Planning Commission voted unanimously to recommend to the City Commission that it adopt an ordinance annexing the subject properties.

To annex the subject properties, the City Commission must adopt an ordinance annexing those properties.

However, because portions of the subject properties are located in the service are of Rural Water District No. 1, under K.S.A. 2010 Supp. 12-539, the City must provide written notice to Rural Water District No. 1 of the City’s intent to annex the land, not less than 60 days prior to the effective date of any ordinance annexing the land into the City. The notice must include a legal description of the land to be annexed and the City’s plan for providing water service to it.

Although the subject properties are located in Rural Water District No. 1, as they are undeveloped they do not receive water service at this time. The City’s plan for providing water service to the land proposed to be annexed, in the event that any of that property is developed, would be to extend the City’s water service to those properties. The City currently serves developed properties contiguous to the subject properties.

Action Requested

Authorize the City Manager to provide written notice, pursuant to K.S.A. 2010 Supp.  12-539, to Rural Water District No. 1 of the City’s intent to annex approximately 125 acres of land owned by North Tank, L.C., Burning Tree, L.L.C., Alvamar, Inc., and Kansas Athletics, Inc., including Yankee Tank (commonly known as Lake Alvamar) and three tracts adjacent thereto, all of which are contiguous to the City.