19-2871

Chapter 19.--COUNTIES AND COUNTY OFFICERS
Article 28.--PARKS, MUSEUMS, LAKES AND RECREATIONAL GROUNDS

      19-2871.   Same; addition of certain areas to district; petition bypark board; notice and hearing; resolution; tax levies.If the district, as from time to time enlarged, does not include all ofJohnson county, and thereafter areas within said county not includedwithin 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 residencepurposes so that the population in a compact area immediately adjacentto the district averages not less than four (4) inhabitants per acre,the park board may file a petition with the board of commissioners forthe addition of any such area to the park district, which petition shallset forth the boundaries of the area proposed to be added in metes andbounds, or by other sufficient legal description, asserting that (1),such areas are subdivided or platted into separate lots, tracts orparcels as shown in the office of the register of deeds, or (2),incorporated within and as a part of any incorporated city, (3), thearea has been developed for industrial or business use, or (4), has beenbuilt up for residence purposes and that the population of the areaaverages not less than four (4) inhabitants per acre, that theinhabitants have access to the parks and park facilities of the districtand are benefited thereby, and that it is to the interest of the parkdistrict that such territory be added, and requesting that the area beadded to and be made a part of the park district the same as if it hadoriginally been a part thereof.

      Upon the filing of the petition the board of county commissionersshall set a date for a hearing and direct the county clerk to publish anotice for three (3) consecutive weeks in a newspaper of generalcirculation in the district, the last publication to be at least five(5) days before the day fixed for the hearing, which notice shall setforth the boundary of the area proposed to be added to the park districtas set forth in the petition and stating that a hearing will be held bythe board of county commissioners on the day and hour fixed by the boardof county commissioners. At the hearing the board of countycommissioners shall determine whether the description of the area issufficient, whether a portion of the boundary of the proposed additiontouches upon the existing boundary of the park district and whether theallegations of the petition are true and correct.

      If the board of county commissioners finds the petition to be in dueform, the area sufficiently described, and the allegations of thepetition true and correct it may adopt a resolution setting forth itsfindings and adding the area to the park district, and thereupon theadded area shall become a part of the park district. Thereafter allassessed tangible property within such newly added area shall be subjectto all tax levies of the district for maintenance, operation andimprovements and for bond and interest maturities on previous as well asfuture issues. A copy of the resolution shall be filed with the countyclerk 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.