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Home My WebLink AboutCorrespondence LCOG 7/1/2008 ;- -;:----.... . . Page 1 of3 DONOVAN James From: TAYLOR Paula L [PTAYLOR@lcog.org] Sent: Tuesday, July 01, 2008 10:07 AM To: lIMBIRD Andrew; VANVACTOR Bill (HL) Cc: DONOVAN James; BANKS Megan H; JONES Brenda Subject: RE: Annexations effective date Importance: High Attachments: new sections for ordinances 7-1-08.doc . For your review, attached is some draft language addressing the concurrent annexations/withdrawals and the Ordinance effective dates. Can someone remind me why 'an emergency clause can't be used for these annexations? Wouldn't that make all of the annexations "effective" after the second reading. The taxation issue that Bill references below will apply to these annexations no matter what. If the council doesn't feel comfortable with using an emergency clause on all three, what about the Franklin Boulevard one - since it's about public safety concerns? Brenda - Can you confirm that the second reading date is confirmed as July 21 - two weeks after the public hearing? Thanks everyone! pt From: LIMBIRD Andrew [mailto:alimbird@ci.springfield.or.us] Sent: Monday, June 30, 2008 S:03 PM To: VANVAcrOR Bill (HL) Cc: DONOVAN James; TAYLOR Paula L; BANKS Megan H; JONES Brenda Subject: RE: Annexations effective date Bill: Yes, Willakenzie Rural Fire Protection District and Glenwood Water District were notified of all three annexations. Andy From: Bill Van Vactor [mailto:BW@haroldleahy.com] Sent: Monday, June 30, 2008 3:2S PM To: LIMBIRD Andrew Subject: RE: Annexations effective date Date Received: (..- I --D ~ Planner. "7" 11'\ -J 1/ I o-r3~~ Jim and Andy, Paula and I just got off the phone. The withdrawal authority is in ORS 222.524 in combination with ORS 222.120 so we are ok on that issue although we should add a recital to that effect. (keep in mind it only works for certain districts) Paula and I agree an additional section under the ordaining section spelling out the annexations/withdrawals needs to be added. 7/1/2008 .. ,;.-... . . Page 2 of3 As to the effective date being Nov 5, 2008 I must have missed that. Is that correct for all three ordinances? I assume that is that date because, after the 2nd reading and 30 day effective date requirement in the charter, we end up within 90 days of general and therefore the effective date is the day after the election. However for tax purposes it is not effective until July 1,2009. Did Glenwood water and Wilakenzie Fire get a notice of the withdrawal> Bill This email is for the sole use of the intended recipient(s) and contains information belonging to Leahy, Van Vactor & Cox, LLP which is confidential and/or legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking of any action in reliance on the contents of this email information is strictly prohibited. If you have received this email in error, please immediately notify the sender by reply email and destroy all copies of the original message. >>> "LIMBIRD Andrew" <alimbird@cLspringfield.or.us> 6/30/20083:01 PM >>> Bill: I am fine with adding another Section to the concluding statements in the ordinances describing the annexation of the territories to the LCMWSD and Willamalane and withdrawing the territories from the Willakenzie Rural Fire District. What concerns me is I have always assumed - perhaps erroneously - that the City's existing IGA between Springfield Fire & Life Safety and rural fire districts provides for incremental withdrawal of territory from rural districts upon annexation. Is this something we missed? In preparing the applications with LCOG staff (formerly of the Boundary Commission) there wasn't any discussion about the rural fire districts because the City is the provider of Fire & Life Safety services inside the City limits. .Additionally, it is my understanding Springfield Fire & Life Safety is contracted by the rural fire districts to provide emergency response services to properties that are outside the City limits but inside the City's UGB. I'd like to resolve this issue, hopefully without sending our applicants to the County for payment of additional fees and enduring an unknown timeline for withdrawal from another service district. They have patiently awaited the execution of IGAs between the City, LCMWSD and Willamalane (completed last month) so this would come as an unwelcome surprise and delay. Paula, any comment from the APs? Andy From: Bill Van Vactor [mailto:BW@haroldleahy.com] Sent: Monday, June 30, 2008 2:31 PM To: LIMBIRD Andrew; JONES Brenda; jdonvan@ci.springfield.or.us Cc: MOTT Gregory; LEAHY Joe (HL); TAYLOR Paula L Subject: Annexations effective date . Andy and Jim, I learned late last week that Lane County is requesting Springfield to join with them and Freeze the LCMWSD boundaries to wherever they are on August 1, 2008. I am not sure why they picked that date or whether we can even get this to the Council before they take their August recess. They are suggesting that we not process any LCMWSD boundary changes that would become effective after that date. In the mean time I have your annexation ordinances. You both used the same effective date with a reference to SDC 5.7-155. Section A of that provision cites three statutes, ORS 222.040 that provides that the date cannot be within 90 days of a general election and if it is it rolls to the day after the election. Then it says for purposes of ORS 308.225 (property tax purposes) the date is the date the abstract is filed with the Secretary of State. ORS 222.180 provides the effective date is the date the abstract is filed with the Sec. of State. It then adds you can specify an effective date up to 10 years in the future. 7/1/2008 .. Page 3 of 3 Fini!i1y 'ORS 222.465 provides the dalf withdrawal for domestic water districts ~ after March 31, July 1 of the next calendar year. (if before April 1, then it can be effective July 1 of the same calendar year) 50, with all of this being said. What was you intent or planned effective date? What date makes the most sense? Now specific questions; Andy, Should we also have the council ordain that it is also annexing LCMW5D and Willamalane and withdrawing Willakenzie RFD? Do we need one more section doing that? On the later, Willakenzie Rural Fire District, we have agreements with LCMW5D and Willamalane to take this action, do we have such an agreement with Willakenzie RFPD or a plan provision that calls for automatic withdrawal as the city grows? Otherwise I think this action on a district boundary has to be processed by Lane County. Or do you just want to be silent on Willakenzie and direct the land owner to the County? Jim Likewise a section in the ordaining part of the ordinance annexing LCMW5D and Willamlane (unless it is already within the district which it might be for Willamalane) and withdrawing form Glenwood water district? On the later, Glenwood water, we have agreements with LCMW5D and Wi llama lane to take this action, do we have such an agreement with Glenwood Water or a plan provision that calls for automatic withdrawal as the city grows? Otherwise:: I think this action on a district boundary has to be processed by Lane County. Or do you just want to be silent on Glenwood water and direct the land owner (ODOl?) to the County? 0 should the City carry that to the County. I hope I have not totally confused you. Bill This email is for the sole use of the intended recipient(s) and contains information belonging to Leahy, Van Vactor & Cox, LLP which is confidential and/or legally privileged. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking of any action in reliance on the contents of this email information is strictly prohibited. If you have received this email in error, please immediately notify the sender by reply email and destroy all copies of the original message. 7/1/2008