[Council Communication]  [Attachments]

Council Communication

Title:	A Resolution Setting the Time and Place for a Public Hearing on the Withdrawal of Certain Real Property from Jackson County Fire District No. 5, and Directing Publication of Notice as Required by ORS 222.524 (Russ Dale Annexation, 250 Clay Street)
Dept:	Legal Department
Date:	November 18, 2003
Submitted By:	Paul Nolte
Approved By: ...........................	Gino Grimaldi, City Administrator

Synopsis:	The council approved this annexation on February 4, 2003. The resolution annexing the property is scheduled for the council meeting on December 16, 2003. In addition to annexing the property, the council should also withdraw the property from the fire district as Ashland provides fire protection within the city limits. A public hearing is required by statute before the property may be withdrawn from the district.
Recommendation:	Adopt the resolution to set the public hearing for December 16, 2003.
Fiscal Impact:	The city is required to assume the obligations levied against the property for any outstanding bonds of the district. There are no outstanding bonds.
Background:	This is one of three phases for a "full consent" annexation (where all of the landowners and at least 50% of the electors residing in the area to be annexed have consented to the annexation). The first phase is the land use phase coordinated through the planning department where hearings are held before the planning commission and the council. That phase was completed in February 2003 when the council adopted land use findings approving the annexation. Another phase is set to come before the council on December 16, 2003, to adopt a resolution actually annexing the property. The third phase involves the withdrawal of the annexed area from any special district. For Ashland, the only special district involved is Jackson County Fire District #5. This phase involves a statutorily required public hearing and council adoption of an ordinance withdrawing the area from the district.
Attachments:	• Resolution setting the public hearing • Map of the property to be annexed, Legal Description

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