12-520a.   Resolution; hearing; notice; publication;sketch of area;criteria considered at hearing; consent, effect.(a) The governing body of any city desiring to annex land under theauthority of K.S.A. 12-520, and amendments thereto, shall adopt aresolution stating that the city is considering the annexation of the land.The resolution shall:

      (1)   Give notice that a public hearing will be held to consider theannexation of the land and fix the date, hour and place of the publichearing. Unless the governing body of the city determines adequatefacilities are not available, the public hearing shall be held at a sitelocated in or as near as possible to the area proposed to be annexed. Thehearing shall be held at the time determined by the governing body to bethe most convenient for the greatest number of interested persons;

      (2)   describe the boundaries of the land proposed to be annexed; and

      (3)   state that the plan of the city for the extension of services to thearea proposed to be annexed, which is required under the provisions ofK.S.A. 12-520b, and amendments thereto, is available for inspection duringregular office hours in the office of the city clerk.

      (b)   The date fixed for the public hearing shall be not less than 60nor more than 70 days following the date of the adoption of the resolutionfixing the date of the hearing.

      (c)   A copy of the resolution providing for the public hearing shall bemailed by certified mail to each owner of land proposed to be annexed notmore than 10 days following the date of the adoption of the resolution. Theresolution shall be published in the official newspaper of the city notless than one week and not more than two weeks preceding the date fixed forthe public hearing. A sketch clearly delineating the areain such detail as may be necessary to advise the reader of theparticularland proposed to be annexed shall be published with the resolution.Acopy of such sketch also shall be mailed to the owner of theproperty with the resolution.

      (d)   A copy of the resolution providing for the public hearing shall besent by certified mail not more than 10 days following the date of theadoption of the resolution to:

      (1)   The board of county commissioners;

      (2)   the governing body of the township where the land to be annexed islocated;

      (3)   any special assessment district or governmental unit providingmunicipal services to the area proposed to be annexed including, but notlimited to, sewer districts, rural water districts, fire districts orimprovement districts;

      (4)   any utilities having facilities within the area proposed to be annexed;

      (5)   the governing body of any school district in the area proposed to beannexed;

      (6)   any city, county, township or joint planning commission havingjurisdiction over the area proposed to be annexed; and

      (7)   any other political or taxing subdivision located within the areaproposed to be annexed.

      (e)   At the public hearing, a representative of the city shallpresentthe city's proposal for annexation, including the plan of the city for theextension of services to the area proposed to be annexed. Followingthe explanation, all interested persons shall be given an opportunity to beheard. The governing body may recess, for good cause shown, the hearing to atime and date certain, which shall be fixed in the presence of persons inattendance at the hearing.

      At such hearing or at any continuation of such hearing, the city shalldeterminethe advisability of the annexation. As aguide indetermining the advisability of such annexation, thecity shall consider the:

      (1)   Extent to which any of the area is land devoted to agricultural use;

      (2)   area of platted land relative to unplatted land;

      (3)   topography, natural boundaries, storm and sanitary sewers, drainagebasins,transportation links or any other physical characteristics which may be anindication of theexistence or absence of common interest of the city and the area proposed to beannexed;

      (4)   extent and age of residential development in the area to be annexed andadjacent landwithin the city's boundaries;

      (5)   present population in the area to be annexed and the projected populationgrowthduring the next five years in the area proposed to be annexed;

      (6)   extent of business, commercial and industrial development in the area;

      (7)   present cost, methods and adequacy of governmental services andregulatory controls inthe area;

      (8)   proposed cost, extent and the necessity of governmental services to beprovided by thecity proposing annexation and the plan and schedule to extend such services;

      (9)   tax impact upon property in the city and the area;

      (10)   extent to which the residents of the area are directly or indirectlydependent upon thecity for governmental services and for social, economic, employment, culturaland recreationalopportunities and resources;

      (11)   effect of the proposed annexation on the city and other adjacent areas,including, butnot limited to, other cities, sewer and water districts, improvement districts,townships orindustrial districts and, subject to the provisions of K.S.A. 12-521a, andamendments thereto,fire districts;

      (12)   existing petitions for incorporation of the area as a new city or forthe creation of aspecial district;

      (13)   likelihood of significant growth in the area and in adjacent areasduring the next fiveyears;

      (14)   effect of annexation upon the utilities providing services to the areaand the ability ofthose utilities to provide those services shown in the detailed plan;

      (15)   economic impact on the area; and

      (16)   wasteful duplication of services.

      (f)   No resolution, notice and public hearing required under theprovisions of this section shall be required as a prerequisite to theannexation of land owned by or held in trust for the city or any agencythereof or land all of the owners of which petition for or consent theretoin writing.

      (g)   Any resolution, adopted pursuant to this section, which includesterritory subsequently incorporated pursuant to K.S.A. 15-115 etseq., and amendments thereto, shall be invalid.

      History:   L. 1974, ch. 56, § 2; L. 1984, ch. 66, § 1; L.1987, ch. 66, § 3;L. 1993, ch. 147, § 2;L. 2005, ch. 155, § 2; July 1.