----------------------------------------------------------------------------


12  AN ACT concerning certain special benefit districts; relating to the cre-
13    ation or enlargement thereof; amending K.S.A. 19-270, 24-409 and
14    82a-623 and repealing the existing section sections.
15
16  Be it enacted by the Legislature of the State of Kansas:
17    Section 1.  K.S.A. 19-270 is hereby amended to read as follows: 19-
18  270. (a) (1) A special benefit district shall include any:
19    (A)  Sewer district;
20    (B)  water district, rural water district and water supply district;
21    (C)  fire district;
22    (D)  improvement district;
23    (E)  industrial district; and
24    (F)  drainage district.
25    (2)  The fringe area of a city means the area of unincorporated terri-
26  tory lying outside of but within three miles of the nearest point on the
27  city limits of a city which has adopted subdivision regulations under K.S.A.
28  12-749, and amendments thereto.
29    (b)  No special benefit district shall be created, established or other-
30  wise formed within the fringe area of any city unless approved by at least
31  a 3/4 majority vote of the board of county commissioners of the county in
32  which the city is located. The boundaries of any such district shall not be
33  extended within the fringe area of the city unless approved by at least
34  a 3/4 majority vote of the board of county commissioners of the county in
35  which the city is located. If the boundaries of the district cross county
36  lines and if the district to be created or the boundaries to be ex-
37  tended would be located within the fringe area of a city, the board of
38  county commissioners of each county in which the district such a city is
39  located shall be required to approve the creation or of the district within
40  the fringe area of the city or the extension of the boundaries of the district
41  within the fringe area of the city by at least a 3/4 majority vote of the board
42  of county commissioners of each county. If a hearing is not already re-
43  quired to be held prior to the creation or expansion within the fringe
HB 2218--Am. by S
                                     

 1  area of a city of a special benefit district, the board of county commis-
 2  sioners shall call and hold a hearing on the proposed action. Notice of
 3  the hearing shall be published once in the official county newspaper. The
 4  notice shall be published at least seven days prior to the date of the
 5  hearing.
 6    At the hearing, the board shall receive testimony from the city, town-
 7  ship, county or regional planning commission having jurisdiction over any
 8  of the affected land area. Such testimony shall address any incompatibil-
 9  ities between the creation or expansion of the district within such fringe
10  area and any adopted land use or comprehensive plans. The governing
11  body of the city may present testimony of any proposed annexation of the
12  affected land area. Any interested person may present testimony before
13  the board. As a guide in determining the advisability of authorizing the
14  creation or change in boundaries of a special benefit district located
15  within the fringe area of a city, the board's considerations shall include,
16  but not be limited to, any testimony offered at the public hearing con-
17  cerning: (1) The size and population of such city; (2) the city's growth in
18  population, business and industry during the past 10 years; (3) the exten-
19  sion of its boundaries during the past 10 years; (4) the probability of its
20  growth toward the territory during the ensuing 10 years, taking into con-
21  sideration natural barriers and other reasons which might influence
22  growth toward the territory; (5) the willingness of the city to annex the
23  territory and its ability to provide city services in case of annexation; and
24    (6) the general effect upon the entire community, all of these and other
25  considerations having to do with the overall orderly and economic devel-
26  opment of the area and to prevent an unreasonable multiplicity of inde-
27  pendent municipal and special district governments. The board shall ap-
28  prove or disapprove the creation or change in boundaries of the special
29  benefit district within 30 days of the hearing. Any person or city aggrieved
30  by the decision of the board of county commissioners may appeal from
31  the decision of the board within 30 days following the rendering of the
32  decision to the district court of the county in which the affected area is
33  located. The appeal shall be taken in the manner provided by K.S.A. 19-
34  223, and amendments thereto. Any city so appealing shall not be required
35  to execute the bond prescribed therein.
36    Sec. 2.  K.S.A. 82a-623 is hereby amended to read as follows:
37  82a-623. Subject to the provisions of K.S.A. 1986 Supp. 19-270, no-
38  tice of the filing of a petition for attachment fixing the time and place of
39  hearing and giving notice thereof shall be in the same manner as pre-
40  scribed in K.S.A. 82a-615, and amendments thereto, except notice shall
41  not refer to any meetings to elect to board of directors or adopt bylaws,
42  and in addition thereto the county clerk shall mail to each director of the
43  board of the district named in the petition, a copy of such petition and
HB 2218--Am. by S
                                     

 1  notice of time and place same shall be considered and amendments
 2  thereto, the county clerk shall give notice to the county commissioners of
 3  the filing of the petition for attachment. The board of county commis-
 4  sioners shall fix a time and place, within 30 days from the date of the
 5  filing of the petition, for a hearing on the same. The county clerk, at least
 6  seven days before the date fixed for the hearing, shall send by first class
 7  mail to each owner of land within the area sought to be attached a copy
 8  of the petition for attachment, and a copy of the notice fixing the time
 9  and place of hearing on the petition. The owners of land within the area
10  sought to be attached shall be determined by an enumeration of land-
11  owners taken from the tax rolls of the county in which the land is located.
12  If the petition for attachment is accompanied by a verified statement by
13  one of the owners of land within the area sought to be attached, or the
14  attorney for the petitioner, that the owners of all of the land within the
15  area sought to be attached have signed the petition for attachment, a copy
16  of the petition for attachment shall not be sent to the owners of land sought
17  to be attached. The clerk shall send by first class mail a copy of the petition
18  for attachment and a copy of the notice fixing the time and place of hearing
19  on the petition to the office of the water district to which attachment is
20  sought. The clerk also shall transmit to the chief engineer a copy of the
21  petition for attachment and a copy of the notice fixing the time and place
22  of hearing thereon.
23    Sec. 3.  K.S.A. 24-409 is hereby amended to read as follows:
24  24-409. All powers granted to drainage districts incorporated under
25  the provisions of this act shall be exercised by a board of directors
26  consisting of three persons who shall be freeholders and actual resi-
27  dents of the district. In districts organized in counties having a population
28  of less than 85,000, the directors provided for in this act shall be free-
29  holders of such drainage districts residing owners of land located in the
30  district. Directors also shall reside in the county in which such district
31  is located, or if such district is located in more than one county,
32  then such the directors may shall reside in either county thereof in a
33  county in which a portion of the drainage district is located. Except as
34  provided in K.S.A. 24-412, as amended and amendments thereto, the
35  directors shall hold their offices for four years and until their suc-
36  cessors are elected or appointed, as the case may be, and qualified,
37  and shall be chosen at the time and in the manner provided by law.
38    New Sec. 4.  Whenever a petition signed by the owners of at
39  least 25% of the land in a defined area located within an improve-
40  ment district created pursuant to K.S.A. 19-2753, and amendments
41  thereto, is filed with the county clerk of the county in which such
42  improvement district is located requesting the board of county com-
43  missioners to hold a public hearing for the purpose of determining
HB 2218--Am. by S
                                     

 1  the advisability of detaching from such district the area of land
 2  described in such petition, the board of county commissioners shall
 3  call and hold a public hearing within 30 days after the filing of such
 4  petition. The board shall publish a notice of such hearing at least
 5  once each week for two consecutive weeks in a newspaper of general
 6  circulation in the county. The last publication shall be not more
 7  than six days prior to the date fixed for the holding of the hearing.
 8  Following such public hearing, the board shall enter an order ap-
 9  proving or rejecting the petition for detachment. The board of
10  county commissioners shall enter an order detaching such land, if
11  the improvement district has not provided any services to such land
12  within one year preceding the date of the filing of such petition.
13  Such order shall be effective on January 1 of the succeeding year.
14  Thereupon, the board, by resolution, shall declare the new bound-
15  aries of the improvement district and shall certify a copy of such
16  resolution to the county clerk.
17    Any land detached from the improvement district shall be liable
18  for its proportionate share of all outstanding indebtedness of the
19  improvement district on the date the resolution is passed by the
20  board detaching the territory.
21    New Sec. 5.  Any land located within an improvement district
22  created pursuant to K.S.A. 19-2753 et seq., and amendments
23  thereto, or any land located within an industrial district created
24  pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall
25  not be included within the boundaries of any sewer district created
26  pursuant to K.S.A. 19-27a01 et seq., and amendments thereto, un-
27  less the governing body of such improvement district or industrial
28  district approves the inclusion thereof.
29    New Sec. 6.  Any land located within an improvement district
30  created pursuant to K.S.A. 19-2753 et seq., and amendments
31  thereto, or any land located within an industrial district created
32  pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall
33  not be included within the boundaries of any sewer district created
34  pursuant to K.S.A. 80-2001 et seq., and amendments thereto, unless
35  the governing body of such improvement district or industrial dis-
36  trict approves the inclusion thereof.
37    New Sec. 7.  Any land located within an improvement district
38  created pursuant to K.S.A. 19-2753 et seq., and amendments
39  thereto, or any land located within an industrial district created
40  pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall
41  not be included within the boundaries of any rural water district
42  created pursuant to K.S.A. 82a-601 et seq., and amendments
43  thereto, unless the governing body of such improvement district or
HB 2218--Am. by S
                                     

 1  industrial district approves the inclusion thereof.
 2    New Sec. 8.  Any land located within an improvement district
 3  created pursuant to K.S.A. 19-2753 et seq., and amendments
 4  thereto, or any land located within an industrial district created
 5  pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall
 6  not be included within the boundaries of any rural water district
 7  created pursuant to K.S.A. 82a-612 et seq., and amendments
 8  thereto, unless the governing body of such improvement district or
 9  industrial district approves the inclusion thereof.
10    New Sec. 9.  Any land located within an improvement district
11  created pursuant to K.S.A. 19-2753 et seq., and amendments
12  thereto, or any land located within an industrial district created
13  pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall
14  not be included within the boundaries of any public wholesale wa-
15  ter supply district created pursuant to K.S.A. 19-3545 et seq., and
16  amendments thereto, unless the governing body of such improve-
17  ment district or industrial district approves the inclusion thereof.
18    New Sec. 10.  Any land located within an improvement district
19  created pursuant to K.S.A. 19-2753 et seq., and amendments
20  thereto, or any land located within an industrial district created
21  pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall
22  not be included within the boundaries of any water supply and dis-
23  tribution district created pursuant to K.S.A. 19-3501 et seq., and
24  amendments thereto, unless the governing body of such improve-
25  ment district or industrial district approves the inclusion thereof.
26    New Sec. 11.  Any land located within an improvement district
27  created pursuant to K.S.A. 19-2753 et seq., and amendments
28  thereto, shall not be included within the boundaries of any indus-
29  trial district created pursuant to K.S.A. 19-3801 et seq., and amend-
30  ments thereto, unless the governing body of such improvement dis-
31  trict or industrial district approves the inclusion thereof.
32    New Sec. 12.  Any land located within an industrial district cre-
33  ated pursuant to K.S.A. 19-3801 et seq., and amendments thereto,
34  shall not be included within the boundaries of any improvement
35  district created pursuant to K.S.A. 19-2753 et seq., and amendments
36  thereto, unless the governing body of such improvement district or
37  industrial district approves the inclusion thereof.
38    New Sec. 13.  Any land located within an improvement district
39  created pursuant to K.S.A. 19-2753 et seq., and amendments
40  thereto, or any land located within an industrial district created
41  pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall
42  not be included within the boundaries of any drainage district cre-
43  ated pursuant to K.S.A. 24-401 et seq., and amendments thereto,
HB 2218--Am. by S
                                     

 1  unless the governing body of such improvement district or indus-
 2  trial district approves the inclusion thereof.
 3    New Sec. 14.  Any land located within an improvement district
 4  created pursuant to K.S.A. 19-2753 et seq., and amendments
 5  thereto, or any land located within an industrial district created
 6  pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall
 7  not be included within the boundaries of any drainage district cre-
 8  ated pursuant to K.S.A. 24-501 et seq., and amendments thereto,
 9  unless the governing body of such improvement district or indus-
10  trial district approves the inclusion thereof.
11    New Sec. 15.  Any land located within an improvement district
12  created pursuant to K.S.A. 19-2753 et seq., and amendments
13  thereto, or any land located within an industrial district created
14  pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall
15  not be included within the boundaries of any drainage district cre-
16  ated pursuant to K.S.A. 24-601 et seq., and amendments thereto,
17  unless the governing body of such improvement district or indus-
18  trial district approves the inclusion thereof.
19    New Sec. 16.  Any land located within an improvement district
20  created pursuant to K.S.A. 19-2753 et seq., and amendments
21  thereto, or any land located within an industrial district created
22  pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall
23  not be included within the boundaries of any drainage district cre-
24  ated pursuant to K.S.A. 24-656 et seq., and amendments thereto,
25  unless the governing body of such improvement district or indus-
26  trial district approves the inclusion thereof.
27    New Sec. 17.  Any land located within an improvement district
28  created pursuant to K.S.A. 19-2753 et seq., and amendments
29  thereto, or any land located within an industrial district created
30  pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall
31  not be included within the boundaries of any fire district created
32  pursuant to K.S.A. 19-3601 et seq., and amendments thereto, unless
33  the governing body of such improvement district or industrial dis-
34  trict approves the inclusion thereof.
35    New Sec. 18.  Any land located within an improvement district
36  created pursuant to K.S.A. 19-2753 et seq., and amendments
37  thereto, or any land located within an industrial district created
38  pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall
39  not be included within the boundaries of any fire district created
40  pursuant to K.S.A. 19-3613 et seq., and amendments thereto, unless
41  the governing body of such improvement district or industrial dis-
42  trict approves the inclusion thereof.
43    New Sec. 19.  Any land located within an improvement district
HB 2218--Am. by S
                                     

 1  created pursuant to K.S.A. 19-2753 et seq., and amendments
 2  thereto, or any land located within an industrial district created
 3  pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall
 4  not be included within the boundaries of any fire district created
 5  pursuant to K.S.A. 19-3624 et seq., and amendments thereto, unless
 6  the governing body of such improvement district or industrial dis-
 7  trict approves the inclusion thereof.
 8    New Sec. 20.  Any land located within an improvement district
 9  created pursuant to K.S.A. 19-2753 et seq., and amendments
10  thereto, or any land located within an industrial district created
11  pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall
12  not be included within the boundaries of any fire district created
13  pursuant to K.S.A. 80-1512 et seq., and amendments thereto, unless
14  the governing body of such improvement district or industrial dis-
15  trict approves the inclusion thereof.
16    New Sec. 21.  Any land located within an improvement district
17  created pursuant to K.S.A. 19-2753 et seq., and amendments
18  thereto, or any land located within an industrial district created
19  pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall
20  not be included within the boundaries of any fire district created
21  pursuant to K.S.A. 80-1524 et seq., and amendments thereto, unless
22  the governing body of such improvement district or industrial dis-
23  trict approves the inclusion thereof.
24    New Sec. 22.  Any land located within an improvement district
25  created pursuant to K.S.A. 19-2753 et seq., and amendments
26  thereto, or any land located within an industrial district created
27  pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall
28  not be included within the boundaries of any fire district created
29  pursuant to K.S.A. 80-1540 et seq., and amendments thereto, unless
30  the governing body of such improvement district or industrial dis-
31  trict approves the inclusion thereof.
32    New Sec. 23.  Any land located within an improvement district
33  created pursuant to K.S.A. 19-2753 et seq., and amendments
34  thereto, or any land located within an industrial district created
35  pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall
36  not be included within the boundaries of any fire district created
37  pursuant to K.S.A. 80-1547 et seq., and amendments thereto, unless
38  the governing body of such improvement district or industrial dis-
39  trict approves the inclusion thereof.
40    Sec. 2 3 24.  K.S.A. 19-270 is, 24-409  and 82a-623 are hereby re-
41  pealed.
42    Sec. 3 4 25.  This act shall take effect and be in force from and after
43  its publication in the statute book Kansas register.