15-126.   Incorporation of cities; appeals to district court fromcommissioners' decision; reversal of decision; duties of board.(a) Any person who has an interest in andis aggrieved by thedecision of the board of county commissioners under the provisions ofK.S.A. 15-115, et seq., and amendments thereto, may appeal to thedistrict court of the samecounty in the manner provided by K.S.A.19-223, and amendments thereto. Uponappeal the district court shall have jurisdiction to affirm or, if thecourt is of the opinion that the decision of the board was arbitrary,unlawful or capricious, to reverse the decision complained of or directthe county commissioners to take proper action. Neither the filing northe pendency of any appeal of the decision of the board of county commissionersincorporating the territory to the district court, or any appeal therefrom,shall limit in any way the exercise of the corporate powers of the cityby its officers, employees and agents.

      (b)   In the event the appellate court enters an order pursuant to subsection(a) reversing the decision of the board of county commissioners incorporatingthe territory, the board shall take immediate responsibility for the administrationof the assets, debts and obligations of the former city. In doing so, theboard, by resolution, shall create and serve as officers of a special taxingdistrict covering the territory of the former city. If the proceeds of thesale of the property and the remaining assets of the former city are insufficientto pay its debts and obligations, the board shall provide for the levy oftaxes on the tangible taxable property within the limits of the specialtaxing district sufficient to pay the remaining debts and obligations.

      History:   L. 1967, ch. 117; § 1; L. 1984, ch. 81, § 1; July 1.