12-520c.   Annexation of land not adjoining city, when; resolution tocounty commissioners; findings by board spread upon journal; effect;appeals to district court.(a) The governing body of any city may by ordinance annex land notadjoining 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 writingto the annexation of such land; and

      (3)   The board of county commissioners of the county find and determinethat the annexation of such land will not hinder or prevent the propergrowth and development of the area or that of any other incorporated citylocated within such county.

      (b)   No land adjoining any land annexed by any city under the provisionsof this section shall be deemed to be adjoining the city for the purpose ofannexation under any other act or section of this act until such adjoiningland or the land annexed under this section shall adjoin the remainder ofthe city by reason of the annexation of the intervening territory.

      (c)   Whenever the governing body of any city deems it advisable to annexland under the provisions of this section such governing body shall byresolution request the board of county commissioners of the county to makea finding as required under subsection (a) (3) of this section. The cityclerk shall file a certified copy of such resolution with the board ofcounty commissioners who shall, within thirty (30) days following thereceipt thereof, make findings and notify the governing body of the citythereof. Such findings shall be spread at length upon the journal ofproceedings of said board. The failure of such board to spread suchfindings upon the journal shall not invalidate the same.

      Any owner or city aggrieved by the decision of the board of countycommissioners may appeal from the decision of such board to the districtcourt 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 bondprescribed therein.

      History:   L. 1974, ch. 56, § 5; March 28.