12-505.   Same; proceedings on petition.(a) Upon the presentation of such petition, as hereinbefore provided for,to the governing body ofthe city or planning commission, the governing body or planningcommission shall proceed to hear thesame, or may adjourn the hearing from time to time to some day and hourcertain, as deemed necessary, and which adjournment shallbe noted uponthe record of the proceedings thereof. On theday of the hearing of such petition, the governingbody or planning commission shall hear such testimony as may beproduced before it, and such other testimony as required in order tofully understand the true nature of the petition and thepropriety of granting the same. If the planning commission holds the hearing,the commission shall make a recommendation regarding the vacation and submitsuch recommendation to the governing body in the same manner provided by K.S.A.12-752, and amendments thereto, for the submission and approval ofrecommendations regarding plats. Subject to the provisions of subsection(b), if thegoverning body or planning commission determines from the proofs andevidence presented thatdue and legal notice has been given by publicationas required in this act, and that no private rights will be injured orendangered by such vacation or exclusion, and that the public will sufferno loss or inconvenience thereby, and that in justice to the petitioneror petitioners the prayer of the petitioner ought to be granted, the governingbody shall order that such vacation or exclusion,or both, be made. Any orderapproving a vacation of plat, street,alleys, easements or a public reservation shall provide for the reservationto the city and the owners of any lesser property rights for publicutilities, rights-of-ways and easements for public service facilitiesoriginally held in such plat, street, alley, easement or public reservationthen in existence and use. The petition shallnot be granted if a written objection thereto is filed with thecity clerk, at the time of or before the hearing, by any owner or adjoiningowner who would be a proper party to the petition but has not joined therein.When only a portion of a street, alley or public reservation is proposed tobe vacated, the petition shall not be granted if a written objection is filedwith the clerk of the governing body by any owner of lands which adjoin theportion to be vacated.

      (b)   If within two years following the effective date of the annexation ofany tract pursuant to K.S.A. 12-520c, and amendments thereto, and uponpetition of the owner of any such tract, the governing body of the city shallexclude such tract if the owner reimburses the city for all costs incurred bythe city in the extension of services to such tract, together with intereston the amount of such costs at a rate provided by K.S.A. 16-201, and amendmentsthereto. The owner shall be required to pay only those costs which areattributable to services which exclusively benefit such tract.

      The provisions of this subsection shall apply only to a tract which is underone ownership on the date the petition for exclusion is filed by the ownerthereof with the city governing body, and which will not adjoin the city onthe effective date of its exclusion from the city.

      The terms "tract" and "owner" in this subsection shall have the same meaningascribed thereto in K.S.A. 12-519, and amendments thereto.

      The provisions of this subsection shall expire on December 31, 1997.

      (c)   Anylands so excluded shall be listed for future taxation the same as though ithad never been a part of such city, and which order shall be entered atlength on the records of the proceedings of thegoverning body. Thereupon the city clerk shall certify acopy of such order to the registerof deeds of the county in which suchproperty is located. The register of deeds shall record in thedeed records of the county at the expense of the petitioner or petitioners,and the register of deeds shall also write on the margin of the recordedplat of such townsite or addition, the words "canceled by order" or"canceled in part by order," as the case may be, giving reference thereonto the page and book of records where such order is recorded inthe register's office.

      History:   L. 1905, ch. 519, § 2; R.S. 1923, § 12-505; L. 1967,ch. 82, § 2; L. 1984, ch. 65, § 4;L. 1997, ch. 147, § 2; May 1.