19-3613.   Fire districts in Johnson county;creation; petition; notice and hearing; territory; protest, when; finalresolution; publication.Subject to the provisions of K.S.A. 19-270, the board of countycommissioners of Johnsoncounty, hereinafter referred to as the county board, may create a firedistrict as providedherein. Upon the filing with the county board of a petition signed by notless than 200 qualified electors within the limits of thefire district sought to be created, the county board shall within 30days after date of such filing set a time and place for a publichearing on the petition and give notice of such hearing by publication forthree successive weeks in a newspaper of general circulation in thatpart of the county. Any such fire district may include land or territorywithin the boundaries of an incorporated city, but only with the approvalof such city. Such approval shall be evidenced by resolution of thegoverning body of the city, a certified copy of which shall be filed withthe county clerk and when once filed evidencing such approval, may notthereafter be withdrawn. The date of hearing on the petition shall be notmore than 10 days after the date of the last publication.At the hearing, or within 30 daysthereafter, the county board shalleither approve or reject the petition as filed, or may modify the proposeddistrict by excluding therefrom certain areas as proposed or by addingcertain areas to it and approve the petition as modified in that way. Ifany areas be added to the proposed district, then before action of thecounty board shall become final the county board shall notify the owners ofsuch added land by mailing a notice of the proposed addition to the owneras the names and addresses of such owners appear in the office of thecounty clerk.

      If no protest in writing is received from such owners within a period of10 days after giving of such notice, then the resolution creatingsuch district shall become final. If any such protest is received, then thecounty board may at its discretion set a time and place of further hearingfor those owners only whose land is sought to be added to the district asoriginally petitioned for and shall give notice thereof by mail as providedabove. Within a period of 10 days following the conclusion of suchhearing, the county board shall either approve the proposal as to the wholedistrict, as modified, or reject the proposal for the additional area to beadded and then either reapprove or reject the original petition as to allor part of the land described in it. The action of the county board shallbe by resolution, which shall be published once in a newspaper of generalcirculation in that part of the county in which such district is located.

      History:   L. 1955, ch. 175, § 1; L. 1957, ch. 193, § 3;L. 1985, ch. 102, § 1;L. 1986, ch. 70, § 17; May 15.