Article 27.--PUBLIC IMPROVEMENTS; IMPROVEMENT AND SERVICE DISTRICTS
19-2755.Same, incorporation and organization; notice
and hearing; factors considered
in determining advisability.
(a) Subject to the provisions of K.S.A. 19-270, when a petition conforming
to this section and K.S.A. 19-2754,
and amendments thereto, is filed with the
board of county commissioners requesting that an improvement district be
incorporated and organized, the board shall hold a hearing on the petition.
To be valid, the petition shall be signed: (1) By a majority of those persons
who pay taxes on real property in the proposed district and who reside within
the boundaries of the proposed district; or (2) by all the owners of all
real property in the proposed district, whether residing in the proposed
district or not. Upon the filing of such a petition, the board of county
commissioners shall fix a
time for the hearing of such petition and to cause the county clerk to
give notice of the hearing by publication once each week for two consecutive
weeks in a newspaper published in
and of general circulation in the county. The notice shall be published
at least 15 days
before the date fixed for the hearing. Notice of the hearing shall also
be posted in not less than three public places in the territory not
less than 15 days before the hearing. The county clerk,
not less than 15 days before the hearing, shall
send notices of the
hearing with a copy of the petition, without the signatures, to the
clerk, secretary or chairperson of any duly constituted city, county,
regional or metropolitan planning commission exercising planning
authority over all or part of the territory, to the director of the
division of community development of the department
of economic development
and to the city clerk of any city, any portion of which is within
five miles of the nearest boundary of the territory as described in
the petition.
(b) As a guide in determining the advisability of organizing
the district,
the board shall consider the following factors, among others: (1)
Population and population density of the area within the
boundaries of the territory; (2) land area, topography, natural
boundaries and drainage basin; (3) area of platted land relative to
unplatted land and assessed value of platted land relative to assessed value
of unplatted areas; (4) extent of residential, business, commercial and
industrial development; (5) past expansion in terms of
population and construction; (6) likelihood of significant
growth in the area, and in adjacent areas, during the next 10
years; (7) the present cost and adequacy of governmental services and
controls in the area and the probable effect of the proposed action, and
of alternative courses of action, on the cost and adequacy of local
governmental services and regulation in the area and in adjacent areas;
(8) the need for the public improvements in the proposed district and
whether the issuance of bonds therefor would unduly require the
speculative use of public funds; and (9) effect of the proposed action, and
of alternative actions, on adjacent areas and on the local governmental
structure of the general area.
(c) If the territory or any part thereof is within five miles of an
existing city, the board shall take into consideration: (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.
History: L. 1945, ch. 180, § 3; L. 1965, ch. 172, § 3; L.
1969, ch. 156, § 2; L. 1981, ch. 173, § 59;
L. 1985, ch. 256, § 6;
L. 1986, ch. 70, § 7; May 15.
Article 27.--PUBLIC IMPROVEMENTS; IMPROVEMENT AND SERVICE DISTRICTS
19-2755.Same, incorporation and organization; notice
and hearing; factors considered
in determining advisability.
(a) Subject to the provisions of K.S.A. 19-270, when a petition conforming
to this section and K.S.A. 19-2754,
and amendments thereto, is filed with the
board of county commissioners requesting that an improvement district be
incorporated and organized, the board shall hold a hearing on the petition.
To be valid, the petition shall be signed: (1) By a majority of those persons
who pay taxes on real property in the proposed district and who reside within
the boundaries of the proposed district; or (2) by all the owners of all
real property in the proposed district, whether residing in the proposed
district or not. Upon the filing of such a petition, the board of county
commissioners shall fix a
time for the hearing of such petition and to cause the county clerk to
give notice of the hearing by publication once each week for two consecutive
weeks in a newspaper published in
and of general circulation in the county. The notice shall be published
at least 15 days
before the date fixed for the hearing. Notice of the hearing shall also
be posted in not less than three public places in the territory not
less than 15 days before the hearing. The county clerk,
not less than 15 days before the hearing, shall
send notices of the
hearing with a copy of the petition, without the signatures, to the
clerk, secretary or chairperson of any duly constituted city, county,
regional or metropolitan planning commission exercising planning
authority over all or part of the territory, to the director of the
division of community development of the department
of economic development
and to the city clerk of any city, any portion of which is within
five miles of the nearest boundary of the territory as described in
the petition.
(b) As a guide in determining the advisability of organizing
the district,
the board shall consider the following factors, among others: (1)
Population and population density of the area within the
boundaries of the territory; (2) land area, topography, natural
boundaries and drainage basin; (3) area of platted land relative to
unplatted land and assessed value of platted land relative to assessed value
of unplatted areas; (4) extent of residential, business, commercial and
industrial development; (5) past expansion in terms of
population and construction; (6) likelihood of significant
growth in the area, and in adjacent areas, during the next 10
years; (7) the present cost and adequacy of governmental services and
controls in the area and the probable effect of the proposed action, and
of alternative courses of action, on the cost and adequacy of local
governmental services and regulation in the area and in adjacent areas;
(8) the need for the public improvements in the proposed district and
whether the issuance of bonds therefor would unduly require the
speculative use of public funds; and (9) effect of the proposed action, and
of alternative actions, on adjacent areas and on the local governmental
structure of the general area.
(c) If the territory or any part thereof is within five miles of an
existing city, the board shall take into consideration: (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.
History: L. 1945, ch. 180, § 3; L. 1965, ch. 172, § 3; L.
1969, ch. 156, § 2; L. 1981, ch. 173, § 59;
L. 1985, ch. 256, § 6;
L. 1986, ch. 70, § 7; May 15.
Article 27.--PUBLIC IMPROVEMENTS; IMPROVEMENT AND SERVICE DISTRICTS
19-2755.Same, incorporation and organization; notice
and hearing; factors considered
in determining advisability.
(a) Subject to the provisions of K.S.A. 19-270, when a petition conforming
to this section and K.S.A. 19-2754,
and amendments thereto, is filed with the
board of county commissioners requesting that an improvement district be
incorporated and organized, the board shall hold a hearing on the petition.
To be valid, the petition shall be signed: (1) By a majority of those persons
who pay taxes on real property in the proposed district and who reside within
the boundaries of the proposed district; or (2) by all the owners of all
real property in the proposed district, whether residing in the proposed
district or not. Upon the filing of such a petition, the board of county
commissioners shall fix a
time for the hearing of such petition and to cause the county clerk to
give notice of the hearing by publication once each week for two consecutive
weeks in a newspaper published in
and of general circulation in the county. The notice shall be published
at least 15 days
before the date fixed for the hearing. Notice of the hearing shall also
be posted in not less than three public places in the territory not
less than 15 days before the hearing. The county clerk,
not less than 15 days before the hearing, shall
send notices of the
hearing with a copy of the petition, without the signatures, to the
clerk, secretary or chairperson of any duly constituted city, county,
regional or metropolitan planning commission exercising planning
authority over all or part of the territory, to the director of the
division of community development of the department
of economic development
and to the city clerk of any city, any portion of which is within
five miles of the nearest boundary of the territory as described in
the petition.
(b) As a guide in determining the advisability of organizing
the district,
the board shall consider the following factors, among others: (1)
Population and population density of the area within the
boundaries of the territory; (2) land area, topography, natural
boundaries and drainage basin; (3) area of platted land relative to
unplatted land and assessed value of platted land relative to assessed value
of unplatted areas; (4) extent of residential, business, commercial and
industrial development; (5) past expansion in terms of
population and construction; (6) likelihood of significant
growth in the area, and in adjacent areas, during the next 10
years; (7) the present cost and adequacy of governmental services and
controls in the area and the probable effect of the proposed action, and
of alternative courses of action, on the cost and adequacy of local
governmental services and regulation in the area and in adjacent areas;
(8) the need for the public improvements in the proposed district and
whether the issuance of bonds therefor would unduly require the
speculative use of public funds; and (9) effect of the proposed action, and
of alternative actions, on adjacent areas and on the local governmental
structure of the general area.
(c) If the territory or any part thereof is within five miles of an
existing city, the board shall take into consideration: (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.
History: L. 1945, ch. 180, § 3; L. 1965, ch. 172, § 3; L.
1969, ch. 156, § 2; L. 1981, ch. 173, § 59;
L. 1985, ch. 256, § 6;
L. 1986, ch. 70, § 7; May 15.