12-520c. Annexation of land not adjoining city, when; resolution to county commissioners; findings by board spread upon journal; effect; appeals to district court.
12-520c
12-520c. Annexation of land not adjoining city, when; resolution to
county commissioners; findings by board spread upon journal; effect;
appeals to district court.
(a) The governing body of any city may by ordinance annex land not
adjoining the city if the following conditions exist:
(1) The land is located within the same county as such city;
(2) The owner or owners of the land petition for or consent in writing
to the annexation of such land; and
(3) The board of county commissioners of the county find and determine
that the annexation of such land will not hinder or prevent the proper
growth and development of the area or that of any other incorporated city
located within such county.
(b) No land adjoining any land annexed by any city under the provisions
of this section shall be deemed to be adjoining the city for the purpose of
annexation under any other act or section of this act until such adjoining
land or the land annexed under this section shall adjoin the remainder of
the city by reason of the annexation of the intervening territory.
(c) Whenever the governing body of any city deems it advisable to annex
land under the provisions of this section such governing body shall by
resolution request the board of county commissioners of the county to make
a finding as required under subsection (a) (3) of this section. The city
clerk shall file a certified copy of such resolution with the board of
county commissioners who shall, within thirty (30) days following the
receipt thereof, make findings and notify the governing body of the city
thereof. Such findings shall be spread at length upon the journal of
proceedings of said board. The failure of such board to spread such
findings upon the journal shall not invalidate the same.
Any owner or city aggrieved by the decision of the board of county
commissioners may appeal from the decision of such board to the district
court of the same county in the manner and method set forth in K.S.A.
19-223. Any city so appealing shall not be required to execute the bond
prescribed therein.
History: L. 1974, ch. 56, § 5; March 28.