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HomeMy WebLinkAboutResolution 04-04 02/02/2004 . . . RESOLUTION NO 04,..,04 A RESOLUTION DIRECTING THE CITY MANAGER OF THE CITY OF SPRINGFIELD TO TAKE APPROPRIATE ACTION TO SECURE SUFFICIENT ELECTORS TO OBJECT TO ANY DECISION OF THE LANE COUNTY BOUNDARY COMMISSION APPROVING THE PETITION OF WILLAKENZIE RURAL FIRE PROTECTION DISTRICT TO ANNEX ALL SPRINGFIELD TERRITORY INTO THE DISTRICT FOR THE PURPOSE OF SECURING AN ELECTION ON THE ISSUE PURSUANT TO ORS 199.505(1) WHEREAS, Willakenzie Rural Fire Protection District, a Special Service District of the State of Oregon, filed with the Lane County Boundary Commission on January 6, 2004 a Petition to annex all Springfield territory into the District effective July 1, 2004; and WHEREAS, the City of Springfield, a Municipal Corporation of the State of Oregon, concurred in ) such annexation Petition by Resolution dated December 8, 2004; and, . WHEREAS, notwithstanding the Petition filed by Willakenzie Rural Fire Protection District and the concurrence by the City of Springfield, the Councilors of the City of Springfield believe that this matter should be voted upon by the electors of the City of Springfield; and, WHEREAS, in the event that the Lane County Boundary Commission approves the request, the process established by Oregon Revised Statute 199.505(1 )(a) exists whereby not less than 10% or 100, whichever number is less, electors within the affected territory (City) may object; and, WHEREAS, if 100 electors submit written objections to the Boundary Commission, upon certification by the Commission the Lane County Board of Commissioners shall call an election in the territory to be annexed; and, WHEREAS, in the event of the calling of such an election the Willakenzie Rural Fire Protection District is required to pay for the cost of such election pursuant to ORS 199.505(2)(b); and, WHEREAS, if a majority of the electors vote to overturn any approval of the annexation by the Boundary Commission, annexation will not occur; and, WHEREAS, if a majority of the voters vote in favor of any approval of the annexation by the Boundary Commission, the annexation will be sustained; and, WHEREAS, members of the Common Council of the City of Springfield wish to encourage public discussion and debate regarding the annexation in the event of its approval by the Boundary Commission. NOW THEREFORE BASED ON THE FOREGOING RECITALS THE CITY OF SPRINGFIELD HEREBY RESOLVES AS FOLLOWS: Section 1: In the event that the Boundary Commission were to approve the Annexation Petition of Willakenzie Rural Fire Protection District to annex all Springfield territory into the District, the Council believes that the advisability of such annexation is a matter upon which the electors of the City of Springfield might well differ. RESOLUTION Page 1 . . , Section 2: Section 3: Section 4: The City Manager is hereby instructed to take appropriate action to secure sufficient electors who will object to any Boundary Commission decision approving the annexation and submit written objections to the Boundary Commission which upon certification by the Boundary Commission will result in the Lane County Board of Commissioners calling an election in the territory to be annexed for the purpose of submitting the issue of annexation to the voters. In the event an election is called, the City of Springfield will reimburse Willakenzie Rural Fire Protection District the cost of the election as billed to it by Lane County. This Resolution shall take effect upon adoption by the Council and approval by the Mayor. ADOPTED by the Common Council of the City of Springfield this 2nd day of February 2004, by a vote of .Lfor and o(iagainst. APPROVED by the Mayor of the City of Springfield this 2nd,'dayof February C ATTEST: ,2004. ~(~~, Am'1-8ewa,Gi-t'1-Reoor-EieF Rr:VIEWED ~ AP~~gVE[Q) A~ 10 Fg~M '- ~'07 n"'~..J ~~ D/\TE: -.Ll.2J ~ O~... t ' OFFICE OF CITY ATTORNEY RESOLUTION Page 2