Memorandum

City of Lawrence

City Attorney’s Office

 

TO:

David L. Corliss, City Manager

 

FROM:

Toni Wheeler, City Attorney

 

Cc:

Scott McCullough, Director, Planning & Development Services

Randall Larkin, Senior Assistant City Attorney

 

Date:

May 8, 2012

RE:

Ordinance No. 8730 Annexing Property into the City of Lawrence, Kansas Pursuant to K.S.A. 12-520

 

Please place on the City Commission’s agenda for the Commission’s consideration, Ordinance No. 8730 annexing approximately 208 acres of land including adjacent rights of way, located generally west of the City on West 6th Street/Highway 40, and K-10 Highway.  The area proposed to be annexed is more fully described in the attached ordinance, and shown in the attached map.    

 

Background

On March 27, 2012, the governing body received the property owner’s correspondence consenting to the proposed annexation.  In accordance with the City’s annexation policy, the governing body referred the request to the planning commission for a recommendation because the tract of land is larger than ten acres in size.  The planning commission considered the annexation at its regular meeting on April 23, 2012, and voted 9-0 to recommend the City Commission adopt an ordinance annexing the subject property. The planning commission also found that the annexation complied with Horizon 2020.  See the separate staff report of the Planning and Development Services Department. 

 

Statutory Authority to Annex – K.S.A. 12-520 (Supp. 2011)

The City may unilaterally annex the land by ordinance because the land adjoins the city and the landowner has consented to the annexation in writing.  No resolution, notice, public hearing or plan for the extension of municipal services is required under a consent annexation of adjoining land.  See K.S.A. 12-520 (Supp. 2011). 

 

In addition to having the written consent of the owners of approximately 146 acres known as the “Brink Tracts” (Hanover Place, L.C. and Tanglewood, L.C. are the owners of record.), we have the written consent to annex the adjacent road rights of way.  The Board of County Commissioners of Douglas County (“BOCC”) and the Kansas Department of Transportation (KDOT) have consented to the annexation of the road right of way in the proposed annexation area.  First Church and Gateway West Land Hold Company, L.L.C. also consented to the annexation of right of way adjacent to their property.  Copies of the parties’ written consent are attached.

 

The City has notified appropriate utility companies of the proposed annexation.  The City notified Rural Water District No. 1 of its intent to annex the land in accordance with K.S.A. 12-539 (Supp. 2011) because it is in RWD No. 1’s service territory.  The City also notified Westar Energy of the proposed annexation pursuant to K.S.A. 66-1,176.  Copies of the City’s written notices are attached.   

 

Effective Date of Ordinance No. 8730

Two state annexation statutes affect the effective date of the proposed Ordinance No. 8730.  K.S.A. 12-539 (Supp. 2011) provides that notice of the City’s intent to annex must be provided to the rural water district not less than 60 days before the effective date of the ordinance annexing the land into the City.  The City sent written notice to RWD No. 1 on April 2, 2012.  The earliest the proposed ordinance can be effective is Saturday, June 2, 2012, provided it is published on or before that date.  K.S.A. 12-523 (Supp. 2011) provides that an annexation ordinance published within 60 days of an election, including a primary election, is not effective until the day following the election.  To avoid having the proposed annexation ordinance effective after the August 7th, 2012, primary election, the proposed ordinance must be published prior to June 8, 2012.  Staff has set forth in the proposed ordinance that it is effective after its passage and publication as provided by law and shall be in effect commencing on June 4, 2012.  This satisfies K.S.A. 12-539 (2011 Supp.) and K.S.A. 12-523 (2011 Supp.).  If the ordinance is not passed and published prior to June 8, 2012, the earliest it could be effective is August 8th.  It is desirable to have the annexation proceedings complete and effective prior to the governing body’s action on the rezoning.    

 

Action requested:  Adopt on first reading, Ordinance No. 8730 annexing approximately 208 acres of land into the City of Lawrence, Kansas, located north and west of the intersection of U.S. Highway 40/West Sixth Street and Kansas Highway 10, including the adjoin rights of way, pursuant to K.S.A. 12-520, if appropriate.