19-270.   Special benefit districts; creation or enlargement; approvalof board of county commissioners, required.(a) (1) A special benefit district shall include any:

      (A)   Sewer district;

      (B)   water district, rural water district and water supply district;

      (C)   fire district;

      (D)   improvement district;

      (E)   industrial district; and

      (F)   drainage district.

      (2)   The fringe area of a city means the area of unincorporated territorylying outside of but within three miles of the nearest point on the citylimits of a city which has adopted subdivision regulations under K.S.A. 12-749,and amendments thereto.

      (b)   No special benefit district shall be created, within the fringe area ofany city unless approved byat least a 3/4 majority vote of the board of county commissioners of the countyin whichthe city is located. The boundaries of any such district shall not beextended within the fringe area of the city unless approved by at least a3/4 majority vote of the board of countycommissioners of the county in which the city is located. If theboundaries of the district cross county lines and if the district to becreated or the boundaries to be extended would belocated within the fringe area of a city, the board of countycommissioners of each county in which such a city islocated shall berequired to approve the creation of the district within the fringearea of the city or the extension of the boundaries of thedistrict within the fringe area of the city by at least a 3/4 majority voteof the board. If a hearing isnot already required to be held prior to the creation or expansion within thefringe area of a city of aspecial benefit district, the board ofcounty commissioners shall call and hold a hearing on the proposed action. Notice of the hearing shall be published once in the official countynewspaper. The notice shall be published at least seven days prior to thedate of the hearing.

      At the hearing, the board shall receive testimony from the city,township, county or regionalplanning commission having jurisdiction over any of the affected land area.Such testimony shall address any incompatibilities between the creation orexpansion of the district within such fringe area and any adopted land useor comprehensive plans. The governing body of the city may present testimony of any proposedannexation of the affected land area. Any interested person may presenttestimony before the board. As a guide in determining the advisability ofauthorizing the creation or change in boundaries of a special benefitdistrict within the fringe area of a city, the board'sconsiderations shall include, but not be limitedto, any testimony offered at the public hearing concerning:(1) The size and population of such city; (2) thecity's growth in population, business and industry during the past 10years; (3) the extension of its boundaries during the past 10 years; (4) theprobability of its growth toward the territory during the ensuing 10 years,taking into consideration natural barriers and other reasons which mightinfluence growth toward the territory; (5) the willingness of the city toannex the territory and its ability to provide city services in case ofannexation; and (6) the general effect upon the entire community, all ofthese and other considerations having to do with the overall orderly andeconomic development of the area and to prevent an unreasonablemultiplicity of independent municipal and special district governments. The board shall approve or disapprove the creation or change in boundariesof the special benefit district within 30 days of the hearing.Any person or city aggrieved by the decision of the board of countycommissioners may appeal from the decision of the board within 30 daysfollowing the rendering of the decision to the district court of the countyin which the affected area is located. The appeal shall be taken in themanner provided by K.S.A. 19-223, and amendments thereto. Any city soappealing shall not be required to execute the bond prescribed therein.

      History:   L. 1986, ch. 70, § 1;L. 1995, ch. 57, § 1;L. 1997, ch. 143, § 1; May 8.