Memorandum

City of Lawrence

City Attorney’s Office

 

TO:                  David L. Corliss, City Manager

                        Toni Ramirez Wheeler, City Attorney

 

FROM:            Randall F. Larkin, Senior Assistant City Attorney

 

CC:                  Scott McCullough, Director of Planning and Development Services

                        Mary Miller, Current Planner

 

DATE:             September 13, 2012

 

RE:                  Annexation of approximately 110 acres (Fairway, LC) located west of George Williams Way and north of West Sixth Street/US Highway 40

__________________________________________________________________

 

On September 10, 2012, Fairway, LC, the owner of record of approximately 110 acres of land located west of George Williams Way and north of West Sixth Street/ US Highway 40 filed with the City an application to annex the property under K.S.A. 2011 Supp. 12-520.

 

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

 

However, because the subject property is located in the service area of Rural Water District No. 1, under K.S.A. 2011 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.

 

Also, the subject property is within the certified service territory of Atmos Energy. Pursuant to K.S.A. 66-1,176, before adopting any ordinance annexing the subject property into the City, the City must give written notice to Atmos Energy of its intent to annex the subject property.

 

Action Requested

Authorize the City Manager to provide written notice, pursuant to K.S.A. 2011 Supp.  12-539 and K.S.A. 66-1,176, to Rural Water District No. 1 and to Atmos Energy of the City’s intent to annex approximately 110 acres of land owned by Fairway, LC, and located west of George Williams Way and north of West Sixth Street/US Highway 40.