12-521.Petition to county commissioners for annexation of certain
lands city not authorized to annex; contents; plans; reports, contents;
statement of plans; hearing, time and place; publication notice; notice to
landowners; sketch of area; procedure at hearing; criteria to be
considered; granting of order; entry in journal, effect; appeals to district court.
(a) Whenever the governing body of any city deems it advisable to annex
land which such city is not permitted to annex under K.S.A. 12-520, and
amendments thereto, or if the governing body of any city is permitted to
annex land under K.S.A. 12-520, and amendments thereto, but deems it
advisable not to annex thereunder, the governing body may annex such land
as provided by this section. The governing body, in the name of the
city, may
present a petition to the board of county commissioners of the county
in which the land sought to be annexed is located. The petition shall set
forth a legal description of the land sought to be annexed and request a
public hearing on the advisability of such annexation. The governing body
of such city shall make plans for the extension of services to the tract of
land
proposed to be annexed and shall file a copy thereof with the board of
county commissioners at the time of presentation of the petition. Such
report shall include:
(1) A sketch clearly delineating the land proposed to be annexed and the
area of the city adjacent thereto to show the following information:
(A) The present and proposed boundaries of the city affected by such
proposed annexation;
(B) the present streets, water mains, sewers and other city utility
lines, and the proposed extension thereto;
(C) the general land use pattern in the areas to be annexed.
(2) A statement setting forth a plan of sufficient detail to provide a
reasonable person with a full and complete understanding of the intentions
of the city for extending to the area to be annexed each major municipal
service provided to persons and property located within the city and area
proposed to be annexed at the time of annexation and the estimated cost of
providing such services. The plan shall state the estimated cost impact of
providing such services to the residents of the city and the residents of
the area proposed to be annexed. The plan shall state the method by which
the city plans to finance the extension of such services to such area. The
plan shall include a timetable for the extension of major municipal
services to the area proposed to be annexed. The plan shall state the
means by which the services currently provided by a township or special
district in the area to be annexed shall be maintained by the city at a
level which is equal to or better than the level of services provided prior
to annexation. The plan shall state those services which shall be provided
immediately upon annexation and those services which may be provided upon
petition of the landowners to create a benefit district.
(b) The date fixed for the public hearing shall be not less than 60
nor more than 70 days following the date of the presentation of the
petition requesting such hearing. Notice of the time and place of the
hearing, together with a legal description of the land sought to be annexed
and the names of the owners thereof, shall be published in a newspaper of
general circulation in the city not less than one week and not more than
two weeks preceding the date fixed for such hearing.
A copy of the notice providing for the public hearing shall be mailed by
certified mail to each owner of the land proposed to be annexed not more
than 10 days following the date of the presentation of the petition
requesting such 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 such notice and a copy thereof mailed to the owner of the
property with such notice.
The board for good cause shown may continue the hearing beyond the time
specified in the notice without further publication.
(c) On the day set for hearing, the board of county commissioners shall hear
testimony as to the advisability of such annexation, and 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.
The action of the board of county commissioners shall be quasi-judicial in
nature. The board of county commissioners shall consider the impact of
approving or disapproving the annexation on the entire community involved,
including the city and the land proposed to be annexed, in order to insure
the orderly growth and development of the community. The board shall make
specific written findings of fact and conclusions determining whether such
annexation or the annexation of a lesser amount of such area causes
manifest injury to the owners of any land proposed to be annexed, or to the
owners of land in areas near or adjacent to the land proposed to be annexed
or to the
city if the annexation is disapproved. The findings and conclusions
shall be based upon the preponderance of evidence presented to the
board. In determining whether manifest injury would result from the
annexation, the board's considerations shall include, but not be limited
to, the extent to which the following criteria may affect the city, the
area to be annexed, the residents of the city and the area to be annexed,
other governmental units providing services to the area to be annexed, the
utilities providing services to the area to be annexed, and any other
public or private person, firm or corporation which may be affected thereby:
(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) the extent of business, commercial and industrial development in the area;
(7) the present cost, methods and adequacy of governmental services and
regulatory controls in the area;
(8) the 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, 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; and
(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.
(d) The board of county commissioners shall render a judgment within
seven days after the hearing has been adjourned sine die. If a majority of
the board of county commissioners concludes that the annexation or any part
thereof should be allowed, the board shall so find and grant the annexation by
order; and thereupon the city may annex the land by ordinance. Orders of
the board of county commissioners denying the petition or a part thereof
for annexation shall require a majority vote of the members of the board.
When an order denying a petition or part thereof is issued, it shall be by
resolution, which shall be sent by certified mail to the city proposing the
annexation. All orders of the board of county commissioners granting or
denying petitions for annexation shall be spread at length upon the journal
of proceedings of the board. The failure of such board to spread an order
granting annexation upon the journal shall not invalidate such order.
(e) Any owner of land annexed pursuant to this section or the city
aggrieved by the decision of the board of county
commissioners may appeal the decision of the board to the district
court of the same county in the manner and method set forth in K.S.A.
19-223, and amendments thereto.
Nothing in this subsection shall be construed as granting the owner of land
in
areas near or adjacent to land annexed pursuant to this section the right to
appeal the decision of the board of county commissioners. Any city so
appealing shall not be
required to execute the bond prescribed therein.
History: L. 1967, ch. 98, § 3; L. 1974, ch. 56, § 6; L. 1987, ch. 66, § 5;
L. 1993, ch. 147, § 3; July 1.
12-521.Petition to county commissioners for annexation of certain
lands city not authorized to annex; contents; plans; reports, contents;
statement of plans; hearing, time and place; publication notice; notice to
landowners; sketch of area; procedure at hearing; criteria to be
considered; granting of order; entry in journal, effect; appeals to district court.
(a) Whenever the governing body of any city deems it advisable to annex
land which such city is not permitted to annex under K.S.A. 12-520, and
amendments thereto, or if the governing body of any city is permitted to
annex land under K.S.A. 12-520, and amendments thereto, but deems it
advisable not to annex thereunder, the governing body may annex such land
as provided by this section. The governing body, in the name of the
city, may
present a petition to the board of county commissioners of the county
in which the land sought to be annexed is located. The petition shall set
forth a legal description of the land sought to be annexed and request a
public hearing on the advisability of such annexation. The governing body
of such city shall make plans for the extension of services to the tract of
land
proposed to be annexed and shall file a copy thereof with the board of
county commissioners at the time of presentation of the petition. Such
report shall include:
(1) A sketch clearly delineating the land proposed to be annexed and the
area of the city adjacent thereto to show the following information:
(A) The present and proposed boundaries of the city affected by such
proposed annexation;
(B) the present streets, water mains, sewers and other city utility
lines, and the proposed extension thereto;
(C) the general land use pattern in the areas to be annexed.
(2) A statement setting forth a plan of sufficient detail to provide a
reasonable person with a full and complete understanding of the intentions
of the city for extending to the area to be annexed each major municipal
service provided to persons and property located within the city and area
proposed to be annexed at the time of annexation and the estimated cost of
providing such services. The plan shall state the estimated cost impact of
providing such services to the residents of the city and the residents of
the area proposed to be annexed. The plan shall state the method by which
the city plans to finance the extension of such services to such area. The
plan shall include a timetable for the extension of major municipal
services to the area proposed to be annexed. The plan shall state the
means by which the services currently provided by a township or special
district in the area to be annexed shall be maintained by the city at a
level which is equal to or better than the level of services provided prior
to annexation. The plan shall state those services which shall be provided
immediately upon annexation and those services which may be provided upon
petition of the landowners to create a benefit district.
(b) The date fixed for the public hearing shall be not less than 60
nor more than 70 days following the date of the presentation of the
petition requesting such hearing. Notice of the time and place of the
hearing, together with a legal description of the land sought to be annexed
and the names of the owners thereof, shall be published in a newspaper of
general circulation in the city not less than one week and not more than
two weeks preceding the date fixed for such hearing.
A copy of the notice providing for the public hearing shall be mailed by
certified mail to each owner of the land proposed to be annexed not more
than 10 days following the date of the presentation of the petition
requesting such 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 such notice and a copy thereof mailed to the owner of the
property with such notice.
The board for good cause shown may continue the hearing beyond the time
specified in the notice without further publication.
(c) On the day set for hearing, the board of county commissioners shall hear
testimony as to the advisability of such annexation, and 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.
The action of the board of county commissioners shall be quasi-judicial in
nature. The board of county commissioners shall consider the impact of
approving or disapproving the annexation on the entire community involved,
including the city and the land proposed to be annexed, in order to insure
the orderly growth and development of the community. The board shall make
specific written findings of fact and conclusions determining whether such
annexation or the annexation of a lesser amount of such area causes
manifest injury to the owners of any land proposed to be annexed, or to the
owners of land in areas near or adjacent to the land proposed to be annexed
or to the
city if the annexation is disapproved. The findings and conclusions
shall be based upon the preponderance of evidence presented to the
board. In determining whether manifest injury would result from the
annexation, the board's considerations shall include, but not be limited
to, the extent to which the following criteria may affect the city, the
area to be annexed, the residents of the city and the area to be annexed,
other governmental units providing services to the area to be annexed, the
utilities providing services to the area to be annexed, and any other
public or private person, firm or corporation which may be affected thereby:
(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) the extent of business, commercial and industrial development in the area;
(7) the present cost, methods and adequacy of governmental services and
regulatory controls in the area;
(8) the 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, 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; and
(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.
(d) The board of county commissioners shall render a judgment within
seven days after the hearing has been adjourned sine die. If a majority of
the board of county commissioners concludes that the annexation or any part
thereof should be allowed, the board shall so find and grant the annexation by
order; and thereupon the city may annex the land by ordinance. Orders of
the board of county commissioners denying the petition or a part thereof
for annexation shall require a majority vote of the members of the board.
When an order denying a petition or part thereof is issued, it shall be by
resolution, which shall be sent by certified mail to the city proposing the
annexation. All orders of the board of county commissioners granting or
denying petitions for annexation shall be spread at length upon the journal
of proceedings of the board. The failure of such board to spread an order
granting annexation upon the journal shall not invalidate such order.
(e) Any owner of land annexed pursuant to this section or the city
aggrieved by the decision of the board of county
commissioners may appeal the decision of the board to the district
court of the same county in the manner and method set forth in K.S.A.
19-223, and amendments thereto.
Nothing in this subsection shall be construed as granting the owner of land
in
areas near or adjacent to land annexed pursuant to this section the right to
appeal the decision of the board of county commissioners. Any city so
appealing shall not be
required to execute the bond prescribed therein.
History: L. 1967, ch. 98, § 3; L. 1974, ch. 56, § 6; L. 1987, ch. 66, § 5;
L. 1993, ch. 147, § 3; July 1.
12-521.Petition to county commissioners for annexation of certain
lands city not authorized to annex; contents; plans; reports, contents;
statement of plans; hearing, time and place; publication notice; notice to
landowners; sketch of area; procedure at hearing; criteria to be
considered; granting of order; entry in journal, effect; appeals to district court.
(a) Whenever the governing body of any city deems it advisable to annex
land which such city is not permitted to annex under K.S.A. 12-520, and
amendments thereto, or if the governing body of any city is permitted to
annex land under K.S.A. 12-520, and amendments thereto, but deems it
advisable not to annex thereunder, the governing body may annex such land
as provided by this section. The governing body, in the name of the
city, may
present a petition to the board of county commissioners of the county
in which the land sought to be annexed is located. The petition shall set
forth a legal description of the land sought to be annexed and request a
public hearing on the advisability of such annexation. The governing body
of such city shall make plans for the extension of services to the tract of
land
proposed to be annexed and shall file a copy thereof with the board of
county commissioners at the time of presentation of the petition. Such
report shall include:
(1) A sketch clearly delineating the land proposed to be annexed and the
area of the city adjacent thereto to show the following information:
(A) The present and proposed boundaries of the city affected by such
proposed annexation;
(B) the present streets, water mains, sewers and other city utility
lines, and the proposed extension thereto;
(C) the general land use pattern in the areas to be annexed.
(2) A statement setting forth a plan of sufficient detail to provide a
reasonable person with a full and complete understanding of the intentions
of the city for extending to the area to be annexed each major municipal
service provided to persons and property located within the city and area
proposed to be annexed at the time of annexation and the estimated cost of
providing such services. The plan shall state the estimated cost impact of
providing such services to the residents of the city and the residents of
the area proposed to be annexed. The plan shall state the method by which
the city plans to finance the extension of such services to such area. The
plan shall include a timetable for the extension of major municipal
services to the area proposed to be annexed. The plan shall state the
means by which the services currently provided by a township or special
district in the area to be annexed shall be maintained by the city at a
level which is equal to or better than the level of services provided prior
to annexation. The plan shall state those services which shall be provided
immediately upon annexation and those services which may be provided upon
petition of the landowners to create a benefit district.
(b) The date fixed for the public hearing shall be not less than 60
nor more than 70 days following the date of the presentation of the
petition requesting such hearing. Notice of the time and place of the
hearing, together with a legal description of the land sought to be annexed
and the names of the owners thereof, shall be published in a newspaper of
general circulation in the city not less than one week and not more than
two weeks preceding the date fixed for such hearing.
A copy of the notice providing for the public hearing shall be mailed by
certified mail to each owner of the land proposed to be annexed not more
than 10 days following the date of the presentation of the petition
requesting such 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 such notice and a copy thereof mailed to the owner of the
property with such notice.
The board for good cause shown may continue the hearing beyond the time
specified in the notice without further publication.
(c) On the day set for hearing, the board of county commissioners shall hear
testimony as to the advisability of such annexation, and 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.
The action of the board of county commissioners shall be quasi-judicial in
nature. The board of county commissioners shall consider the impact of
approving or disapproving the annexation on the entire community involved,
including the city and the land proposed to be annexed, in order to insure
the orderly growth and development of the community. The board shall make
specific written findings of fact and conclusions determining whether such
annexation or the annexation of a lesser amount of such area causes
manifest injury to the owners of any land proposed to be annexed, or to the
owners of land in areas near or adjacent to the land proposed to be annexed
or to the
city if the annexation is disapproved. The findings and conclusions
shall be based upon the preponderance of evidence presented to the
board. In determining whether manifest injury would result from the
annexation, the board's considerations shall include, but not be limited
to, the extent to which the following criteria may affect the city, the
area to be annexed, the residents of the city and the area to be annexed,
other governmental units providing services to the area to be annexed, the
utilities providing services to the area to be annexed, and any other
public or private person, firm or corporation which may be affected thereby:
(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) the extent of business, commercial and industrial development in the area;
(7) the present cost, methods and adequacy of governmental services and
regulatory controls in the area;
(8) the 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, 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; and
(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.
(d) The board of county commissioners shall render a judgment within
seven days after the hearing has been adjourned sine die. If a majority of
the board of county commissioners concludes that the annexation or any part
thereof should be allowed, the board shall so find and grant the annexation by
order; and thereupon the city may annex the land by ordinance. Orders of
the board of county commissioners denying the petition or a part thereof
for annexation shall require a majority vote of the members of the board.
When an order denying a petition or part thereof is issued, it shall be by
resolution, which shall be sent by certified mail to the city proposing the
annexation. All orders of the board of county commissioners granting or
denying petitions for annexation shall be spread at length upon the journal
of proceedings of the board. The failure of such board to spread an order
granting annexation upon the journal shall not invalidate such order.
(e) Any owner of land annexed pursuant to this section or the city
aggrieved by the decision of the board of county
commissioners may appeal the decision of the board to the district
court of the same county in the manner and method set forth in K.S.A.
19-223, and amendments thereto.
Nothing in this subsection shall be construed as granting the owner of land
in
areas near or adjacent to land annexed pursuant to this section the right to
appeal the decision of the board of county commissioners. Any city so
appealing shall not be
required to execute the bond prescribed therein.
History: L. 1967, ch. 98, § 3; L. 1974, ch. 56, § 6; L. 1987, ch. 66, § 5;
L. 1993, ch. 147, § 3; July 1.