ORDINANCE NO. 8926
AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, REPEALING ORDINANCE NO. 8285, PERTAINING TO THE ANNEXATION OF CERTAIN LAND, AND REPEALING ORDINANCE NO. 8350, PERTAINING TO THE REZONING OF CERTAIN LAND.
WHEREAS, on July 1, 2008, the Governing Body passed and approved Ordinance No. 8285, annexing certain real property, the legal description of which is set forth in Section 3, infra, into the City;
WHEREAS, on November 18, 2008, the Governing Body passed and approved Ordinance No. 8350 rezoning the subject real property from County A (Agricultural) District to IG (General Industrial) District;
WHEREAS, in the case styled Baggett, et al. v. Board of Douglas County Commissioners, Case No. 2008cv371, filed in the District Court of Douglas County, Kansas, owners of land neighboring the subject real property appealed the findings of the Board of Commissioners of Douglas County, Kansas, permitting the annexation;
WHEREAS, in the case styled Baggett, et al. v. City of Lawrence Kansas, Case No. 2008cv622, filed in the District Court of Douglas County, Kansas, owners of land neighboring the subject real property challenged the City's rezoning of the subject property;
WHEREAS, on April 19, 2010, the District Court of Douglas County, Kansas, entered judgment in favor of the County and the City, affirming the County's findings and the City's subsequent annexation and rezoning of the subject property;
WHEREAS, the owners of land neighboring the annexed real property appealed that judgment to the Kansas Court of Appeals;
WHEREAS, on September 30, 2011, the Kansas Court of Appeals reversed that judgment and remanded the case to the district court to enter an order consistent with its opinion;
WHEREAS, the County and the City, as an intervenor, sought review of the annexation decision with the Kansas Supreme Court;
WHEREAS, on November 4, 2011, the Kansas Court of Appeals issued the mandate in Baggett, et al. v. City of Lawrence, Kansas, Case No. 2008cv622, invalidating the City's rezoning of the subject property;
WHEREAS, on May 20, 2013, the Kansas Supreme Court denied the petition for review of the decision of the Kansas Court of Appeals; and
WHEREAS, on July 24, 2013, consistent with the decision of the Kansas Court of Appeals, the district court entered judgment in favor of plaintiffs in Baggett, et al. v. Board of Douglas County Commissioners, Case No. 2008cv371, invalidating the City's annexation of the subject property, and remanded the proposed annexation to the County for further proceedings consistent with its judgment.
BE IT, THEREFORE, ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
SECTION 1. The above-stated recitals are incorporated herein by reference and shall be as effective as if repeated verbatim.
SECTION 2. Ordinance No. 8285, in accordance with the court's July 24, 2013, Journal Entry of Judgment in Baggett, et al. v. Board of Douglas County Commissioners, Case No. 2008cv371, is hereby repealed in its entirety.
SECTION 3. Accordingly, the City gives notice that the following described real property, to-wit:
The Southeast One Quarter (SE1/4) of Section Eighteen (18), Township Twelve (12) South, Range Nineteen (19) East of the 6th Principal Meridian, less public road right of way, containing 154.9 acres, more or less and subject to restrictions, easements, and reservations of record; in Douglas County, Kansas.
is hereby excluded from the boundaries of the City of Lawrence, Kansas.
SECTION 4. Ordinance No. 8350, rezoning the subject real property, the legal description of which is set forth in Section 3, supra, from County A (Agricultural) District to IG (General Industrial) District, in accordance with the November 4, 2011, mandate of the Kansas Court of Appeals, is hereby repealed in its entirety. The subject property shall retain its previous zoning designation.
SECTION 5. If any section, sentence, clause, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.
SECTION 6. This ordinance shall be in full force and effect from and after its passage and publication as provided by law.
PASSED by the Governing Body of the City of Lawrence, Kansas, this ____ day of November, 2013.
APPROVED:
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Michael Dever
Mayor
ATTEST:
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Diane Trybom
Acting City Clerk
APPROVED AS TO FORM AND LEGALITY:
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Toni R. Wheeler
City Attorney
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NOTICE TO PUBLISHER
Publish one time and return one Proof of Publication to the City Clerk and one to the City Attorney.