19-270.Special benefit districts; creation or enlargement; approval
of board of county commissioners, required.
(a) (1) A special benefit district shall include any:
(A) Sewer district;
(B) water district, rural water district and water supply district;
(C) fire district;
(D) improvement district;
(E) industrial district; and
(F) drainage district.
(2) The fringe area of a city means the area of unincorporated territory
lying outside of but within three miles of the nearest point on the city
limits of a city which has adopted subdivision regulations under K.S.A. 12-749,
and amendments thereto.
(b) No special benefit district shall be created, within the fringe area of
any city unless approved by
at least a 3/4 majority vote of the board of county commissioners of the county
in which
the city is located. The boundaries of any such district shall not be
extended within the fringe area of the city unless approved by at least a
3/4 majority vote of the board of county
commissioners of the county in which the city is located. If the
boundaries of the district cross county lines and if the district to be
created or the boundaries to be extended would be
located within the fringe area of a city, the board of county
commissioners of each county in which such a city is
located shall be
required to approve the creation of the district within the fringe
area of the city or the extension of the boundaries of the
district within the fringe area of the city by at least a 3/4 majority vote
of the board. If a hearing is
not already required to be held prior to the creation or expansion within the
fringe area of a city of a
special benefit district, the board of
county commissioners shall call and hold a hearing on the proposed action.
Notice of the hearing shall be published once in the official county
newspaper. The notice shall be published at least seven days prior to the
date of the hearing.
At the hearing, the board shall receive testimony from the city,
township, county or regional
planning commission having jurisdiction over any of the affected land area.
Such testimony shall address any incompatibilities between the creation or
expansion of the district within such fringe area and any adopted land use
or comprehensive plans.
The governing body of the city may present testimony of any proposed
annexation of the affected land area. Any interested person may present
testimony before the board. As a guide in determining the advisability of
authorizing the creation or change in boundaries of a special benefit
district within the fringe area of a city, the board's
considerations shall include, but not be limited
to, any testimony offered at the public hearing concerning:
(1) The size and population of such city; (2) the
city's growth in population, business and industry during the past 10
years; (3) the extension of its boundaries during the past 10 years; (4) the
probability of its growth toward the territory during the ensuing 10 years,
taking into consideration natural barriers and other reasons which might
influence growth toward the territory; (5) the willingness of the city to
annex the territory and its ability to provide city services in case of
annexation; and (6) the general effect upon the entire community, all of
these and other considerations having to do with the overall orderly and
economic development of the area and to prevent an unreasonable
multiplicity of independent municipal and special district governments.
The board shall approve or disapprove the creation or change in boundaries
of the special benefit district within 30 days of the hearing.
Any person or city aggrieved by the decision of the board of county
commissioners may appeal from the decision of the board within 30 days
following the rendering of the decision to the district court of the county
in which the affected area is located. The appeal shall be taken in the
manner provided by K.S.A. 19-223, and amendments thereto. Any city so
appealing shall not be required to execute the bond prescribed therein.
History: L. 1986, ch. 70, § 1;
L. 1995, ch. 57, § 1;
L. 1997, ch. 143, § 1; May 8.
19-270.Special benefit districts; creation or enlargement; approval
of board of county commissioners, required.
(a) (1) A special benefit district shall include any:
(A) Sewer district;
(B) water district, rural water district and water supply district;
(C) fire district;
(D) improvement district;
(E) industrial district; and
(F) drainage district.
(2) The fringe area of a city means the area of unincorporated territory
lying outside of but within three miles of the nearest point on the city
limits of a city which has adopted subdivision regulations under K.S.A. 12-749,
and amendments thereto.
(b) No special benefit district shall be created, within the fringe area of
any city unless approved by
at least a 3/4 majority vote of the board of county commissioners of the county
in which
the city is located. The boundaries of any such district shall not be
extended within the fringe area of the city unless approved by at least a
3/4 majority vote of the board of county
commissioners of the county in which the city is located. If the
boundaries of the district cross county lines and if the district to be
created or the boundaries to be extended would be
located within the fringe area of a city, the board of county
commissioners of each county in which such a city is
located shall be
required to approve the creation of the district within the fringe
area of the city or the extension of the boundaries of the
district within the fringe area of the city by at least a 3/4 majority vote
of the board. If a hearing is
not already required to be held prior to the creation or expansion within the
fringe area of a city of a
special benefit district, the board of
county commissioners shall call and hold a hearing on the proposed action.
Notice of the hearing shall be published once in the official county
newspaper. The notice shall be published at least seven days prior to the
date of the hearing.
At the hearing, the board shall receive testimony from the city,
township, county or regional
planning commission having jurisdiction over any of the affected land area.
Such testimony shall address any incompatibilities between the creation or
expansion of the district within such fringe area and any adopted land use
or comprehensive plans.
The governing body of the city may present testimony of any proposed
annexation of the affected land area. Any interested person may present
testimony before the board. As a guide in determining the advisability of
authorizing the creation or change in boundaries of a special benefit
district within the fringe area of a city, the board's
considerations shall include, but not be limited
to, any testimony offered at the public hearing concerning:
(1) The size and population of such city; (2) the
city's growth in population, business and industry during the past 10
years; (3) the extension of its boundaries during the past 10 years; (4) the
probability of its growth toward the territory during the ensuing 10 years,
taking into consideration natural barriers and other reasons which might
influence growth toward the territory; (5) the willingness of the city to
annex the territory and its ability to provide city services in case of
annexation; and (6) the general effect upon the entire community, all of
these and other considerations having to do with the overall orderly and
economic development of the area and to prevent an unreasonable
multiplicity of independent municipal and special district governments.
The board shall approve or disapprove the creation or change in boundaries
of the special benefit district within 30 days of the hearing.
Any person or city aggrieved by the decision of the board of county
commissioners may appeal from the decision of the board within 30 days
following the rendering of the decision to the district court of the county
in which the affected area is located. The appeal shall be taken in the
manner provided by K.S.A. 19-223, and amendments thereto. Any city so
appealing shall not be required to execute the bond prescribed therein.
History: L. 1986, ch. 70, § 1;
L. 1995, ch. 57, § 1;
L. 1997, ch. 143, § 1; May 8.
19-270.Special benefit districts; creation or enlargement; approval
of board of county commissioners, required.
(a) (1) A special benefit district shall include any:
(A) Sewer district;
(B) water district, rural water district and water supply district;
(C) fire district;
(D) improvement district;
(E) industrial district; and
(F) drainage district.
(2) The fringe area of a city means the area of unincorporated territory
lying outside of but within three miles of the nearest point on the city
limits of a city which has adopted subdivision regulations under K.S.A. 12-749,
and amendments thereto.
(b) No special benefit district shall be created, within the fringe area of
any city unless approved by
at least a 3/4 majority vote of the board of county commissioners of the county
in which
the city is located. The boundaries of any such district shall not be
extended within the fringe area of the city unless approved by at least a
3/4 majority vote of the board of county
commissioners of the county in which the city is located. If the
boundaries of the district cross county lines and if the district to be
created or the boundaries to be extended would be
located within the fringe area of a city, the board of county
commissioners of each county in which such a city is
located shall be
required to approve the creation of the district within the fringe
area of the city or the extension of the boundaries of the
district within the fringe area of the city by at least a 3/4 majority vote
of the board. If a hearing is
not already required to be held prior to the creation or expansion within the
fringe area of a city of a
special benefit district, the board of
county commissioners shall call and hold a hearing on the proposed action.
Notice of the hearing shall be published once in the official county
newspaper. The notice shall be published at least seven days prior to the
date of the hearing.
At the hearing, the board shall receive testimony from the city,
township, county or regional
planning commission having jurisdiction over any of the affected land area.
Such testimony shall address any incompatibilities between the creation or
expansion of the district within such fringe area and any adopted land use
or comprehensive plans.
The governing body of the city may present testimony of any proposed
annexation of the affected land area. Any interested person may present
testimony before the board. As a guide in determining the advisability of
authorizing the creation or change in boundaries of a special benefit
district within the fringe area of a city, the board's
considerations shall include, but not be limited
to, any testimony offered at the public hearing concerning:
(1) The size and population of such city; (2) the
city's growth in population, business and industry during the past 10
years; (3) the extension of its boundaries during the past 10 years; (4) the
probability of its growth toward the territory during the ensuing 10 years,
taking into consideration natural barriers and other reasons which might
influence growth toward the territory; (5) the willingness of the city to
annex the territory and its ability to provide city services in case of
annexation; and (6) the general effect upon the entire community, all of
these and other considerations having to do with the overall orderly and
economic development of the area and to prevent an unreasonable
multiplicity of independent municipal and special district governments.
The board shall approve or disapprove the creation or change in boundaries
of the special benefit district within 30 days of the hearing.
Any person or city aggrieved by the decision of the board of county
commissioners may appeal from the decision of the board within 30 days
following the rendering of the decision to the district court of the county
in which the affected area is located. The appeal shall be taken in the
manner provided by K.S.A. 19-223, and amendments thereto. Any city so
appealing shall not be required to execute the bond prescribed therein.
History: L. 1986, ch. 70, § 1;
L. 1995, ch. 57, § 1;
L. 1997, ch. 143, § 1; May 8.