12-520a.Resolution; hearing; notice; publication;
sketch of area;
criteria considered at hearing; consent, effect.
(a) The governing body of any city desiring to annex land under the
authority of K.S.A. 12-520, and amendments thereto, shall adopt a
resolution stating that the city is considering the annexation of the land.
The resolution shall:
(1) Give notice that a public hearing will be held to consider the
annexation of the land and fix the date, hour and place of the public
hearing. Unless the governing body of the city determines adequate
facilities are not available, the public hearing shall be held at a site
located in or as near as possible to the area proposed to be annexed. The
hearing shall be held at the time determined by the governing body to be
the most convenient for the greatest number of interested persons;
(2) describe the boundaries of the land proposed to be annexed; and
(3) state that the plan of the city for the extension of services to the
area proposed to be annexed, which is required under the provisions of
K.S.A. 12-520b, and amendments thereto, is available for inspection during
regular office hours in the office of the city clerk.
(b) The date fixed for the public hearing shall be not less than 60
nor more than 70 days following the date of the adoption of the resolution
fixing the date of the hearing.
(c) A copy of the resolution providing for the public hearing shall be
mailed by certified mail to each owner of land proposed to be annexed not
more than 10 days following the date of the adoption of the resolution. The
resolution shall be published in the official newspaper of the city not
less than one week and not more than two weeks preceding the date fixed for
the public hearing. A sketch clearly delineating the area
in such detail as may be necessary to advise the reader of the
particular
land proposed to be annexed shall be published with the resolution.
A
copy of such sketch also shall be mailed to the owner of the
property with the resolution.
(d) A copy of the resolution providing for the public hearing shall be
sent by certified mail not more than 10 days following the date of the
adoption of the resolution to:
(1) The board of county commissioners;
(2) the governing body of the township where the land to be annexed is
located;
(3) any special assessment district or governmental unit providing
municipal services to the area proposed to be annexed including, but not
limited to, sewer districts, rural water districts, fire districts or
improvement districts;
(4) any utilities having facilities within the area proposed to be annexed;
(5) the governing body of any school district in the area proposed to be
annexed;
(6) any city, county, township or joint planning commission having
jurisdiction over the area proposed to be annexed; and
(7) any other political or taxing subdivision located within the area
proposed to be annexed.
(e) At the public hearing, a representative of the city shall
present
the city's proposal for annexation, including the plan of the city for the
extension of services to the area proposed to be annexed. Following
the explanation, all interested persons shall be given an opportunity to be
heard. The governing body may recess, for good cause shown, the hearing to a
time and date certain, which shall be fixed in the presence of persons in
attendance at the hearing.
At such hearing or at any continuation of such hearing, the city shall
determine
the advisability of the annexation. As a
guide in
determining the advisability of such annexation, the
city shall consider the:
(1) Extent to which any of the area is land devoted to agricultural use;
(2) area of platted land relative to unplatted land;
(3) topography, natural boundaries, storm and sanitary sewers, drainage
basins,
transportation links or any other physical characteristics which may be an
indication of the
existence or absence of common interest of the city and the area proposed to be
annexed;
(4) extent and age of residential development in the area to be annexed and
adjacent land
within the city's boundaries;
(5) present population in the area to be annexed and the projected population
growth
during the next five years in the area proposed to be annexed;
(6) extent of business, commercial and industrial development in the area;
(7) present cost, methods and adequacy of governmental services and
regulatory controls in
the area;
(8) proposed cost, extent and the necessity of governmental services to be
provided by the
city proposing annexation and the plan and schedule to extend such services;
(9) tax impact upon property in the city and the area;
(10) extent to which the residents of the area are directly or indirectly
dependent upon the
city for governmental services and for social, economic, employment, cultural
and recreational
opportunities and resources;
(11) effect of the proposed annexation on the city and other adjacent areas,
including, but
not limited to, other cities, sewer and water districts, improvement districts,
townships or
industrial districts and, subject to the provisions of K.S.A. 12-521a, and
amendments thereto,
fire districts;
(12) existing petitions for incorporation of the area as a new city or for
the creation of a
special district;
(13) likelihood of significant growth in the area and in adjacent areas
during the next five
years;
(14) effect of annexation upon the utilities providing services to the area
and the ability of
those utilities to provide those services shown in the detailed plan;
(15) economic impact on the area; and
(16) wasteful duplication of services.
(f) No resolution, notice and public hearing required under the
provisions of this section shall be required as a prerequisite to the
annexation of land owned by or held in trust for the city or any agency
thereof or land all of the owners of which petition for or consent thereto
in writing.
(g) Any resolution, adopted pursuant to this section, which includes
territory subsequently incorporated pursuant to K.S.A. 15-115 et
seq., and amendments thereto, shall be invalid.
History: L. 1974, ch. 56, § 2; L. 1984, ch. 66, § 1; L.
1987, ch. 66, § 3;
L. 1993, ch. 147, § 2;
L. 2005, ch. 155, § 2; July 1.
12-520a.Resolution; hearing; notice; publication;
sketch of area;
criteria considered at hearing; consent, effect.
(a) The governing body of any city desiring to annex land under the
authority of K.S.A. 12-520, and amendments thereto, shall adopt a
resolution stating that the city is considering the annexation of the land.
The resolution shall:
(1) Give notice that a public hearing will be held to consider the
annexation of the land and fix the date, hour and place of the public
hearing. Unless the governing body of the city determines adequate
facilities are not available, the public hearing shall be held at a site
located in or as near as possible to the area proposed to be annexed. The
hearing shall be held at the time determined by the governing body to be
the most convenient for the greatest number of interested persons;
(2) describe the boundaries of the land proposed to be annexed; and
(3) state that the plan of the city for the extension of services to the
area proposed to be annexed, which is required under the provisions of
K.S.A. 12-520b, and amendments thereto, is available for inspection during
regular office hours in the office of the city clerk.
(b) The date fixed for the public hearing shall be not less than 60
nor more than 70 days following the date of the adoption of the resolution
fixing the date of the hearing.
(c) A copy of the resolution providing for the public hearing shall be
mailed by certified mail to each owner of land proposed to be annexed not
more than 10 days following the date of the adoption of the resolution. The
resolution shall be published in the official newspaper of the city not
less than one week and not more than two weeks preceding the date fixed for
the public hearing. A sketch clearly delineating the area
in such detail as may be necessary to advise the reader of the
particular
land proposed to be annexed shall be published with the resolution.
A
copy of such sketch also shall be mailed to the owner of the
property with the resolution.
(d) A copy of the resolution providing for the public hearing shall be
sent by certified mail not more than 10 days following the date of the
adoption of the resolution to:
(1) The board of county commissioners;
(2) the governing body of the township where the land to be annexed is
located;
(3) any special assessment district or governmental unit providing
municipal services to the area proposed to be annexed including, but not
limited to, sewer districts, rural water districts, fire districts or
improvement districts;
(4) any utilities having facilities within the area proposed to be annexed;
(5) the governing body of any school district in the area proposed to be
annexed;
(6) any city, county, township or joint planning commission having
jurisdiction over the area proposed to be annexed; and
(7) any other political or taxing subdivision located within the area
proposed to be annexed.
(e) At the public hearing, a representative of the city shall
present
the city's proposal for annexation, including the plan of the city for the
extension of services to the area proposed to be annexed. Following
the explanation, all interested persons shall be given an opportunity to be
heard. The governing body may recess, for good cause shown, the hearing to a
time and date certain, which shall be fixed in the presence of persons in
attendance at the hearing.
At such hearing or at any continuation of such hearing, the city shall
determine
the advisability of the annexation. As a
guide in
determining the advisability of such annexation, the
city shall consider the:
(1) Extent to which any of the area is land devoted to agricultural use;
(2) area of platted land relative to unplatted land;
(3) topography, natural boundaries, storm and sanitary sewers, drainage
basins,
transportation links or any other physical characteristics which may be an
indication of the
existence or absence of common interest of the city and the area proposed to be
annexed;
(4) extent and age of residential development in the area to be annexed and
adjacent land
within the city's boundaries;
(5) present population in the area to be annexed and the projected population
growth
during the next five years in the area proposed to be annexed;
(6) extent of business, commercial and industrial development in the area;
(7) present cost, methods and adequacy of governmental services and
regulatory controls in
the area;
(8) proposed cost, extent and the necessity of governmental services to be
provided by the
city proposing annexation and the plan and schedule to extend such services;
(9) tax impact upon property in the city and the area;
(10) extent to which the residents of the area are directly or indirectly
dependent upon the
city for governmental services and for social, economic, employment, cultural
and recreational
opportunities and resources;
(11) effect of the proposed annexation on the city and other adjacent areas,
including, but
not limited to, other cities, sewer and water districts, improvement districts,
townships or
industrial districts and, subject to the provisions of K.S.A. 12-521a, and
amendments thereto,
fire districts;
(12) existing petitions for incorporation of the area as a new city or for
the creation of a
special district;
(13) likelihood of significant growth in the area and in adjacent areas
during the next five
years;
(14) effect of annexation upon the utilities providing services to the area
and the ability of
those utilities to provide those services shown in the detailed plan;
(15) economic impact on the area; and
(16) wasteful duplication of services.
(f) No resolution, notice and public hearing required under the
provisions of this section shall be required as a prerequisite to the
annexation of land owned by or held in trust for the city or any agency
thereof or land all of the owners of which petition for or consent thereto
in writing.
(g) Any resolution, adopted pursuant to this section, which includes
territory subsequently incorporated pursuant to K.S.A. 15-115 et
seq., and amendments thereto, shall be invalid.
History: L. 1974, ch. 56, § 2; L. 1984, ch. 66, § 1; L.
1987, ch. 66, § 3;
L. 1993, ch. 147, § 2;
L. 2005, ch. 155, § 2; July 1.
12-520a.Resolution; hearing; notice; publication;
sketch of area;
criteria considered at hearing; consent, effect.
(a) The governing body of any city desiring to annex land under the
authority of K.S.A. 12-520, and amendments thereto, shall adopt a
resolution stating that the city is considering the annexation of the land.
The resolution shall:
(1) Give notice that a public hearing will be held to consider the
annexation of the land and fix the date, hour and place of the public
hearing. Unless the governing body of the city determines adequate
facilities are not available, the public hearing shall be held at a site
located in or as near as possible to the area proposed to be annexed. The
hearing shall be held at the time determined by the governing body to be
the most convenient for the greatest number of interested persons;
(2) describe the boundaries of the land proposed to be annexed; and
(3) state that the plan of the city for the extension of services to the
area proposed to be annexed, which is required under the provisions of
K.S.A. 12-520b, and amendments thereto, is available for inspection during
regular office hours in the office of the city clerk.
(b) The date fixed for the public hearing shall be not less than 60
nor more than 70 days following the date of the adoption of the resolution
fixing the date of the hearing.
(c) A copy of the resolution providing for the public hearing shall be
mailed by certified mail to each owner of land proposed to be annexed not
more than 10 days following the date of the adoption of the resolution. The
resolution shall be published in the official newspaper of the city not
less than one week and not more than two weeks preceding the date fixed for
the public hearing. A sketch clearly delineating the area
in such detail as may be necessary to advise the reader of the
particular
land proposed to be annexed shall be published with the resolution.
A
copy of such sketch also shall be mailed to the owner of the
property with the resolution.
(d) A copy of the resolution providing for the public hearing shall be
sent by certified mail not more than 10 days following the date of the
adoption of the resolution to:
(1) The board of county commissioners;
(2) the governing body of the township where the land to be annexed is
located;
(3) any special assessment district or governmental unit providing
municipal services to the area proposed to be annexed including, but not
limited to, sewer districts, rural water districts, fire districts or
improvement districts;
(4) any utilities having facilities within the area proposed to be annexed;
(5) the governing body of any school district in the area proposed to be
annexed;
(6) any city, county, township or joint planning commission having
jurisdiction over the area proposed to be annexed; and
(7) any other political or taxing subdivision located within the area
proposed to be annexed.
(e) At the public hearing, a representative of the city shall
present
the city's proposal for annexation, including the plan of the city for the
extension of services to the area proposed to be annexed. Following
the explanation, all interested persons shall be given an opportunity to be
heard. The governing body may recess, for good cause shown, the hearing to a
time and date certain, which shall be fixed in the presence of persons in
attendance at the hearing.
At such hearing or at any continuation of such hearing, the city shall
determine
the advisability of the annexation. As a
guide in
determining the advisability of such annexation, the
city shall consider the:
(1) Extent to which any of the area is land devoted to agricultural use;
(2) area of platted land relative to unplatted land;
(3) topography, natural boundaries, storm and sanitary sewers, drainage
basins,
transportation links or any other physical characteristics which may be an
indication of the
existence or absence of common interest of the city and the area proposed to be
annexed;
(4) extent and age of residential development in the area to be annexed and
adjacent land
within the city's boundaries;
(5) present population in the area to be annexed and the projected population
growth
during the next five years in the area proposed to be annexed;
(6) extent of business, commercial and industrial development in the area;
(7) present cost, methods and adequacy of governmental services and
regulatory controls in
the area;
(8) proposed cost, extent and the necessity of governmental services to be
provided by the
city proposing annexation and the plan and schedule to extend such services;
(9) tax impact upon property in the city and the area;
(10) extent to which the residents of the area are directly or indirectly
dependent upon the
city for governmental services and for social, economic, employment, cultural
and recreational
opportunities and resources;
(11) effect of the proposed annexation on the city and other adjacent areas,
including, but
not limited to, other cities, sewer and water districts, improvement districts,
townships or
industrial districts and, subject to the provisions of K.S.A. 12-521a, and
amendments thereto,
fire districts;
(12) existing petitions for incorporation of the area as a new city or for
the creation of a
special district;
(13) likelihood of significant growth in the area and in adjacent areas
during the next five
years;
(14) effect of annexation upon the utilities providing services to the area
and the ability of
those utilities to provide those services shown in the detailed plan;
(15) economic impact on the area; and
(16) wasteful duplication of services.
(f) No resolution, notice and public hearing required under the
provisions of this section shall be required as a prerequisite to the
annexation of land owned by or held in trust for the city or any agency
thereof or land all of the owners of which petition for or consent thereto
in writing.
(g) Any resolution, adopted pursuant to this section, which includes
territory subsequently incorporated pursuant to K.S.A. 15-115 et
seq., and amendments thereto, shall be invalid.
History: L. 1974, ch. 56, § 2; L. 1984, ch. 66, § 1; L.
1987, ch. 66, § 3;
L. 1993, ch. 147, § 2;
L. 2005, ch. 155, § 2; July 1.