19-2871. Same; addition of certain areas to district; petition by park board; notice and hearing; resolution; tax levies.
19-2871
19-2871. Same; addition of certain areas to district; petition by
park board; notice and hearing; resolution; tax levies.
If the district, as from time to time enlarged, does not include all of
Johnson county, and thereafter areas within said county not included
within the district are (1) subdivided or platted into separate lots,
tracts or parcels as shown in the office of the register of deeds, or
(2), incorporated within and as a part of any incorporated city, (3),
developed for industrial or business use or (4), built up for residence
purposes so that the population in a compact area immediately adjacent
to the district averages not less than four (4) inhabitants per acre,
the park board may file a petition with the board of commissioners for
the addition of any such area to the park district, which petition shall
set forth the boundaries of the area proposed to be added in metes and
bounds, or by other sufficient legal description, asserting that (1),
such areas are subdivided or platted into separate lots, tracts or
parcels as shown in the office of the register of deeds, or (2),
incorporated within and as a part of any incorporated city, (3), the
area has been developed for industrial or business use, or (4), has been
built up for residence purposes and that the population of the area
averages not less than four (4) inhabitants per acre, that the
inhabitants have access to the parks and park facilities of the district
and are benefited thereby, and that it is to the interest of the park
district that such territory be added, and requesting that the area be
added to and be made a part of the park district the same as if it had
originally been a part thereof.
Upon the filing of the petition the board of county commissioners
shall set a date for a hearing and direct the county clerk to publish a
notice for three (3) consecutive weeks in a newspaper of general
circulation in the district, the last publication to be at least five
(5) days before the day fixed for the hearing, which notice shall set
forth the boundary of the area proposed to be added to the park district
as set forth in the petition and stating that a hearing will be held by
the board of county commissioners on the day and hour fixed by the board
of county commissioners. At the hearing the board of county
commissioners shall determine whether the description of the area is
sufficient, whether a portion of the boundary of the proposed addition
touches upon the existing boundary of the park district and whether the
allegations of the petition are true and correct.
If the board of county commissioners finds the petition to be in due
form, the area sufficiently described, and the allegations of the
petition true and correct it may adopt a resolution setting forth its
findings and adding the area to the park district, and thereupon the
added area shall become a part of the park district. Thereafter all
assessed tangible property within such newly added area shall be subject
to all tax levies of the district for maintenance, operation and
improvements and for bond and interest maturities on previous as well as
future issues. A copy of the resolution shall be filed with the county
clerk and a copy shall be filed with the county treasurer.
History: L. 1953, ch. 170, § 13; L. 1961, ch. 151, § 2; L. 1965,
ch. 175, § 1; June 30.