Session of 2000
HOUSE BILL No. 2877
By Committee on Local Government
2-7
9 AN ACT
concerning certain municipalities; relating to improvement dis-
10 tricts and industrial
districts; amending K.S.A. 1999 Supp. 19-2755a
11 and 19-2786j and
repealing the existing sections.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section
1. K.S.A. 1999 Supp. 19-2755a is hereby amended to read
15 as follows: 19-2755a. (a) Any land
located within an industrial district
16 created pursuant to K.S.A. 19-3801 et seq.,
and amendments thereto,
17 shall not be included within the boundaries
of any improvement district
18 created pursuant to K.S.A. 19-2753 et seq.,
and amendments thereto,
19 unless the governing body of such
improvement district or industrial dis-
20 trict approves the inclusion thereof.
21 Nothing in
this section shall be construed as providing a procedure
for
22 the detachment or deannexation of
land located within the boundaries of
23 an improvement
district.
24 (b) The board
of directors of an improvement district that is adjacent
25 to an industrial district may agree
pursuant to a contract with such in-
26 dustrial district that the adjacent
improvement district will not annex land
27 located within such industrial district
for a period not to exceed 20 years.
28 Such contract may be renewed at its
expiration. Any such contract also
29 shall be binding upon any city that
incorporates after the effective date
30 of such agreement if within the
corporate limits of such city there is lo-
31 cated any portion of the territory of
such improvement district. Such
32 contract shall not be entered into or
renewed until the execution thereof
33 is authorized by a resolution adopted by
the improvement district. No
34 such improvement district or city during
the term of such contract, shall
35 take action to annex any land in such
industrial district unless the gov-
36 erning body of such industrial district
approves the inclusion thereof.
37 Sec.
2. K.S.A. 1999 Supp. 19-2786j is hereby amended to read as
38 follows: 19-2786j. Whenever a petition
signed by the owners of at least
39 25% of the land in a defined area located
within an improvement district
40 created pursuant to K.S.A. 19-2753, and
amendments thereto, is filed
41 with the county clerk of the county in
which such improvement district
42 is located requesting the board of county
commissioners to hold a public
43 hearing for the purpose of determining the
advisability of detaching from
2
1 such district the area of land
described in such petition, the board of
2 county commissioners shall call and
hold a public hearing within 30 days
3 after the filing of such petition.
The board shall publish a notice of such
4 hearing at least once each week for
two consecutive weeks in a newspaper
5 of general circulation in the county.
The last publication shall be not more
6 than six days prior to the date fixed
for the holding of the hearing. Fol-
7 lowing such public hearing, the board
shall enter an order approving or
8 rejecting the petition for
detachment. The board of county commissioners
9 shall enter an order detaching such
land, if the improvement district has
10 not provided any services to such land
within one year preceding the date
11 of the filing of such petition. Such order
shall be effective on January 1
12 of the succeeding year. Thereupon, the
board, by resolution, shall declare
13 the new boundaries of the improvement
district and shall certify a copy
14 of such resolution to the county clerk.
15 Any land detached from
the improvement district shall be liable for its
16 proportionate share of all outstanding
indebtedness of the improvement
17 district on the date the resolution is
passed by the board detaching the
18 territory. Any such land also shall be
liable for its proportionate share of
19 all outstanding indebtedness when such
indebtedness is assumed by a city
20 pursuant to K.S.A. 19-2786d or K.S.A.
19-2786e, and amendments
21 thereto, if prior to the incorporation
of the city, the improvement district
22 entered into an agreement under
subsection (b) of K.S.A. 19-2755a, and
23 amendments thereto, so long as no part
of the industrial district is annexed
24 by such city.
25 Sec. 3. K.S.A. 1999 Supp.
19-2755a and 19-2786j are hereby
26 repealed.
27 Sec. 4. This act shall
take effect and be in force from and after its
28 publication in the statute book.