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Home My WebLink AboutNotes, Meeting PLANNER 2/1/2010 . . 2/1/2010 Regular Meeting Andy Limbird, DSD X 3784 Consent Calendar Community and Economic Development and Revitalization Request to revise the water district withdrawal date for the Wildish Glenwood property Annexation Ordinance. Meeting Date: Meeting Type: Staff Contact/Dept.: Staff Phone No: Estimated Time: Council Goals: AGENDA ITEM SUMMARY SPRINGFIELD CITY COUNCIL ITEM TITLE: ACTION REQUESTED: On the adopted Annexation Ordinance, restate the effective date of withdrawal from the Glenwood Water District from July 1,2010 to June 30, 2010. ISSUE STATEMENT: A TT ACHMENTS: DISCUSSIONI FINANCIAL IMPACT: The City Council is authorized by Springfield Development Code Section 5.17-100 and ORS Chapter 222 to accept, process, and act on annexations to the City. The adopted annexation procedures authorize the City Council to make corresponding changes to the boundaries of service districts as territory is annexed to Springfield. The City, Council adopted Annexation Ordinance 6250 on November 16, 2009, and the annexation became effective on December 4, 2009. The stated date of withdrawal from the Glenwood Water District is July 1,2009, which is consistent with requirements of ORS 222.524. However, County and State records require withdrawal from the service district effective July I of each year, which necessitates completing the withdrawal action prior to this date. To ensure the property is not subject to a "double-taxation" circumstance, staff is recommending a revised water district withdrawal date for the adopted annexation ordinance. All other provisions, conditions, and requirements of the annexation remain the same. 1. Adopted Annexation Ordinance 6250 2. Proposed Revised Annexation Ordinance The requested change addresses a logistical issue that was discovered during a recent annexation action for a segment of 19th Street. The proposed restated date of withdrawal from the Glenwood Water District benefits County and State agencies that manage taxation and assessment changes for the property. There are no other anticipated changes or effects on the property, aside from avoiding possible double- taxation penalties at the changeover of the fiscal year. Additionally, because the requested change is a de minimis administrative correction, the City's Legal Counsel advises that public notification and a public hearing for the change is not warranted. The property owner's financial obligations to the City are spelled out in an executed Annexation Agreement and there are no proposed changes to the responsibilities or requirements of the Agreement. Therefore, no financial impacts should result from the change of water district withdrawal date. The City will use the date of June 30 for all successive service district withdrawals, unless legal circumstances change. !Jato f-i.eCeived:...J./!}.b/u Planner: AL . . ORDINANCE NO 6250 AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SPRINGFIELD, LANE COUNTY METROPOLITAN WASTEWATER SERVICE DISTRICT, AND WILLAMALANE PARK AND RECREATION DISTRICT; AND WlTHDRA WING THE SAME TERRITORY FROM THE GLENWOOD WATER DISTRICT , THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT: WHEREAS, a request to annex certain territory was submitted on August 14, 2009, said territory being described as follows: Township 18 South, Range 03 West, Section 02, Map 20, Tax Lots 3000, 3100, 3200 and 3300; and Township 18 South, Range 03 West, Section 02, Map 32, Tax Lot 3800 as generally depicted and more particularly described in and on file in City Case Number C SP 2009 - LRP2009-00009 and attached nereto as.Exhibit A to this Ordinance; and WHEREAS, the City Council is authorized by Springfield Development Code (SDC) Article 5.7-100 and ORS Chapter 222 to accept, process, and act on annexations to the City; and WHEREAS, in accordance with SDC 5.7-125 and ORS 222.170(1), a petition and written consent for annexation bas been submitted by the property owners to the Common Council ofthe City of Springfield on November 2, 2009 (Exhibit B); and WHEREAS, this annexation has been initiated in accordance with SDC 5.7-125 and ORS 222 and bas been set for public hearing; and,. WHEREAS, the territory proposed to be annexed is within the Eugene-Springfield Metropolitan Area General Plan (more commonly known as the Metro Plan) urban growth boundary and is contiguous to the City limits [SDC 5.7-140.A]; and, WHEREAS, the annexation is consistent with Policy 10, page ll-C-4; Policy 16, page II-C-5; and Policy 21, page II-C-6, in the Metro Plan [SDC 5.7-140.B] requiring annexation to the City of Springfield as the highest priority for receiving urban services; and . . WHEREAS, the minimum level of key urban facilities and services can be provided in an orderly and efficient manner as required in Metro Plan Policy 8, page II-C-4, and there is a logical area and time within whicb to deliver urban services and facilities [SDC 5.7-140.C]; and, WHEREAS, provision of City urban services has been arranged through an Annexation Agreement (Exhibit C) between City staff and the property owners, as described in and on file in City Case Number LRP2009-00009 [SDC 5.7" 140.Dl, that memorializes the owner's commitment, agreement, and obligation to meet the City's requirements for the provision of the minimum level of key urban services and facilities; and, WHEREAS, a Staff Report (Exhibit D) was presented to the City Council with the Director's recommendation to concunently annex the subject territory to the Lane County Metropolitan Wastewater Service District and Willamallme Park and Recreation District, as these special districts are service providers for the City [SDC 5.7-140 B]; and is consistent with the intergovernmental agreement between Lane County and Springfield regarding boundary cbanges dated May 21, 2008; and, WHElU;AS, a Staff Report was presented to the City Council with the Director's recommendation to concurrently withdraw the annexation territory from the Glenwood Water District as the Springfield Utility Board would provide water utility service directly to the area after it was annexed to the City [SDC 5.7 -160.B]; and, 1 Attachnienl1-1 Date neceived: J-/,/~/d I I Planner: AL I' . . WHEREAS, on November 2, 2009, the Springfield Common Council conducted a public bearing and is now ready to take action on this application based on the recommendation and findings in support of approving the annexation request, and the Glenwood Water District's withdrawal as set forth in the aforementioned Staff Report to the Council, incorporated berein by reference, and the evidence and testimony presented at this public bearing beld in the matter of adopting this Ordinance. NOW THEREFORE, THE CITY OF SPRINGFIELD ORDAINS AS FOLWWS: . SECTION 1: The Common Council of the City of Springfield does hereby approve the annexation area to . the City of Springfield, Lane County Metropolitan Wastewater Service District and Willamalane Park and Recreation District, said territory being described as follows: Assessor's Map Township 18 South, Range 03 West, Section 02, Map 20, Tax Lots 3000,3100,3200 and 3300; and Township 18 South, Range 03 West, Section 02, Map 32,' Tax Lot 3800 (municipally addressed as 4851, 4857 and 500 I Franklin Boulevard) as generally depicted and more particularly described in Exhibit A. SECTION 2: The withdrawal of territory described in Section 1 above from the Glenwood Water District shall become effective on July 1,2010. SECTION 3: The City Manager bas signed the final Annexation Agreement, "';hich memorializes the owner's commitment, agreement, and obligation to meet the City's requirements for provision of the minimum h;vel of keyurban services and facilities. SECTION 4: The City Manager or the Development Services Director sball send copies of this Ordinance as required by SQC 5.7-155. SECTION 5: It is hereby found and determined that matters relating to the provision of City services are matters affecting the public bealth, safety, and welfare and that an emergency therefore exists and this Ordinance shall take effect immediately upon adoption by the Council and approval of the Mayor. ADOPTED by the Common Council of the City of Springfield this 16th day of November, 2009, by a vote of 6 for and ~ against APPROVED by the Mayor of the City of S eld this 16 th day of November, 2009. C City~ ArrEST: Iml~WED l!. APPROVED A~. TO FORM L ............. ~ <fA,'" OATE; \ I:) 12.0. I "''I OFFICE OF CITY ATTORNEY 2 ORDINANCE NO. 6250 Attachment 1-2 r;:. i ., i. )ceived: ]-/, / Ju,. ,:<:mner: Al I / ( . . ORDINANCE NO. (Special) AN ORDINANCE AMENDING ORDINANCE NO. 6250 WHICH APPROVED "THE ANNEXATION OF CERTAIN TERRITORY 'To THE CITY OF SPRINGFIELD, LANE COUNTY METROPOLITAN WASTEWATER SERVICE DISTRICT, AND WILLAMALANE PARK AND RECREATION DISTRICT; AND WITHDRAWING THE SAME TERRITORY FROM THE GLENWOOD WATER DISTRICT" BY CHANGING THE EFFECTIVE DATE OF WITHDRAWAL FROM THE GLENWOOD WATER DISTRICT FROM JULY 1, 2010 TO JUNE 30, 2010 THE COMMON COUNCIL OF THE cm OF SPRINGFIELD FINDS THAT: WHEREAS, Section 2 of Ordinance No. 6250 should be amended to provide that the withdrawal of territory described in Section 1 of Ordinance No. 6250 from the Glenwood Water District should become effective on June 30, 2010 rather than July 1, 20iOjand WHEREAS, the Lane County Department of Assessment and Taxation and Lane County Counsel's Office have requested this Amendment in order to clarify the City's intent that,the territory described in Ordinance No. 6250 be withdrawn from the Glenwood Water District prior to commencement of the July 1, 2010-June 30, 2011 tax year. NOW THEREFORE, THE cm OF SPRINGFIELD ORDAINS AS FOLLOWS: Section 2 of Ordinance No. 6250 is hereby amended to read as follows: "SECITON 2: The withdrawal of territory described in Section 1 above from the Glenwood Water District shall become effective on June 30, 2010." Except as specified herein, the terms and conditions of Ordinance No. 6250 shall remain in full force and effect. ADOPTED by the Common Council of the City of Springfield this January, 2010, by a vote of for and against. day of APPROVED by the Mayor of the City of Springfield this 2010. day of January, Mayor ATTEST: Attachment 2-1 _ ...) 0--> ..-".,.... ~ \...""""","" \ \ '22. I Ie Date Received:-bl, IJ--ott> ! /J Planner: AL City Recorder