12-521.   Petition to county commissioners for annexation of certainlands city not authorized to annex; contents; plans; reports, contents;statement of plans; hearing, time and place; publication notice; notice tolandowners; sketch of area; procedure at hearing; criteria to beconsidered; granting of order; entry in journal, effect; appeals to district court.(a) Whenever the governing body of any city deems it advisable to annexland which such city is not permitted to annex under K.S.A. 12-520, andamendments thereto, or if the governing body of any city is permitted toannex land under K.S.A. 12-520, and amendments thereto, but deems itadvisable not to annex thereunder, the governing body may annex such landas provided by this section. The governing body, in the name of thecity, maypresent a petition to the board of county commissioners of the countyin which the land sought to be annexed is located. The petition shall setforth a legal description of the land sought to be annexed and request apublic hearing on the advisability of such annexation. The governing bodyof such city shall make plans for the extension of services to the tract oflandproposed to be annexed and shall file a copy thereof with the board ofcounty commissioners at the time of presentation of the petition. Suchreport shall include:

      (1)   A sketch clearly delineating the land proposed to be annexed and thearea of the city adjacent thereto to show the following information:

      (A)   The present and proposed boundaries of the city affected by suchproposed annexation;

      (B)   the present streets, water mains, sewers and other city utilitylines, and the proposed extension thereto;

      (C)   the general land use pattern in the areas to be annexed.

      (2)   A statement setting forth a plan of sufficient detail to provide areasonable person with a full and complete understanding of the intentionsof the city for extending to the area to be annexed each major municipalservice provided to persons and property located within the city and areaproposed to be annexed at the time of annexation and the estimated cost ofproviding such services. The plan shall state the estimated cost impact ofproviding such services to the residents of the city and the residents ofthe area proposed to be annexed. The plan shall state the method by whichthe city plans to finance the extension of such services to such area. Theplan shall include a timetable for the extension of major municipalservices to the area proposed to be annexed. The plan shall state themeans by which the services currently provided by a township or specialdistrict in the area to be annexed shall be maintained by the city at alevel which is equal to or better than the level of services provided priorto annexation. The plan shall state those services which shall be providedimmediately upon annexation and those services which may be provided uponpetition of the landowners to create a benefit district.

      (b)   The date fixed for the public hearing shall be not less than 60nor more than 70 days following the date of the presentation of thepetition requesting such hearing. Notice of the time and place of thehearing, together with a legal description of the land sought to be annexedand the names of the owners thereof, shall be published in a newspaper ofgeneral circulation in the city not less than one week and not more thantwo weeks preceding the date fixed for such hearing.

      A copy of the notice providing for the public hearing shall be mailed bycertified mail to each owner of the land proposed to be annexed not morethan 10 days following the date of the presentation of the petitionrequesting such hearing.

      A sketch clearly delineating the area in such detail as may be necessaryto advise the reader of the particular land proposed to be annexed shall bepublished with such notice and a copy thereof mailed to the owner of theproperty with such notice.

      The board for good cause shown may continue the hearing beyond the timespecified in the notice without further publication.

      (c)   On the day set for hearing, the board of county commissioners shall heartestimony as to the advisability of such annexation, and a representativeof the city shall present the city's proposal for annexation, including theplan of the city for the extension of services to the area proposed to beannexed.

      The action of the board of county commissioners shall be quasi-judicial innature. The board of county commissioners shall consider the impact ofapproving or disapproving the annexation on the entire community involved,including the city and the land proposed to be annexed, in order to insurethe orderly growth and development of the community. The board shall makespecific written findings of fact and conclusions determining whether suchannexation or the annexation of a lesser amount of such area causesmanifest injury to the owners of any land proposed to be annexed, or to theowners of land in areas near or adjacent to the land proposed to be annexedor to thecity if the annexation is disapproved. The findings and conclusionsshall be based upon the preponderance of evidence presented to theboard. In determining whether manifest injury would result from theannexation, the board's considerations shall include, but not be limitedto, the extent to which the following criteria may affect the city, thearea to be annexed, the residents of the city and the area to be annexed,other governmental units providing services to the area to be annexed, theutilities providing services to the area to be annexed, and any otherpublic or private person, firm or corporation which may be affected thereby:

      (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,drainage basins, transportation links or any otherphysical characteristics which may be an indication of the existence orabsence of common interest of the city and the area proposed to be annexed;

      (4)   extent and age of residential development in the area to be annexedand adjacent land within the city's boundaries;

      (5)   present population in the area to be annexed and the projectedpopulation growth during the next five years in the area proposed to be annexed;

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

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

      (8)   the proposed cost, extent and the necessity of governmental services tobe provided by the city proposing annexation and the plan and schedule toextend such services;

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

      (10)   extent to which the residents of the area are directly orindirectly dependent upon the city for governmental services and forsocial, economic, employment, cultural and recreational opportunities andresources;

      (11)   effect of the proposed annexation on the city and other adjacentareas, including, but not limited to, other cities, sewer and waterdistricts, improvement districts, townships or industrial districts and,subject to the provisions of K.S.A. 12-521a, fire districts;

      (12)   existing petitions for incorporation of the area as a new city orfor the creation of a special district;

      (13)   likelihood of significant growth in the area and in adjacentareas during the next five years; and

      (14)   effect of annexation upon the utilities providing services to thearea and the ability of those utilities to provide those services shown inthe detailed plan.

      (d)   The board of county commissioners shall render a judgment withinseven days after the hearing has been adjourned sine die. If a majority ofthe board of county commissioners concludes that the annexation or any partthereof should be allowed, the board shall so find and grant the annexation byorder; and thereupon the city may annex the land by ordinance. Orders ofthe board of county commissioners denying the petition or a part thereoffor annexation shall require a majority vote of the members of the board. When an order denying a petition or part thereof is issued, it shall be byresolution, which shall be sent by certified mail to the city proposing theannexation. All orders of the board of county commissioners granting ordenying petitions for annexation shall be spread at length upon the journalof proceedings of the board. The failure of such board to spread an ordergranting annexation upon the journal shall not invalidate such order.

      (e)   Any owner of land annexed pursuant to this section or the cityaggrieved by the decision of the board of countycommissioners may appeal the decision of the board to the districtcourt of the same county in the manner and method set forth in K.S.A.19-223, and amendments thereto.Nothing in this subsection shall be construed as granting the owner of landinareas near or adjacent to land annexed pursuant to this section the right toappeal the decision of the board of county commissioners. Any city soappealing shall not berequired to execute the bond prescribed therein.

      History:   L. 1967, ch. 98, § 3; L. 1974, ch. 56, § 6; L. 1987, ch. 66, § 5;L. 1993, ch. 147, § 3; July 1.