Session of 2000
SENATE BILL No. 662
By Committee on Ways and Means
3-14
10 AN ACT
concerning improvement and industrial districts; amending
11 K.S.A. 19-2786d and
19-2786e and K.S.A. 1999 Supp. 19-2755a and
12 19-2786j and repealing
the existing sections.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section
1. K.S.A. 1999 Supp. 19-2755a is hereby amended to read
16 as follows: 19-2755a. (a) Any land
located within an industrial district
17 created pursuant to K.S.A. 19-3801 et seq.,
and amendments thereto,
18 shall not be included within the boundaries
of any improvement district
19 created pursuant to K.S.A. 19-2753 et seq.,
and amendments thereto,
20 unless the governing body of such
improvement district or industrial dis-
21 trict approves the inclusion thereof.
22 Nothing in
this section shall be construed as providing a procedure
for
23 the detachment or deannexation of
land located within the boundaries of
24 an improvement
district.
25 (b) The board
of directors of an improvement district that is adjacent
26 to an industrial district may agree
pursuant to a contract with such in-
27 dustrial district that the adjacent
improvement district will not annex land
28 located within such industrial district
for a period not to exceed 20 years.
29 Such contract may be renewed at its
expiration. Any such contract also
30 shall be binding upon any city that
incorporates after the effective date
31 of such agreement if within the
corporate limits of such city there is lo-
32 cated any portion of the territory of
such improvement district. Such
33 contract shall not be entered into or
renewed until the execution thereof
34 is authorized by a resolution adopted by
the improvement district. No
35 such improvement district or city during
the term of such contract, shall
36 take action to annex any land in such
industrial district unless the gov-
37 erning body of such industrial district
approves the inclusion thereof.
38 Sec.
2. K.S.A. 19-2786d is hereby amended to read as follows:
19-
39 2786d. (a) When all of the territory within
an improvement district is
40 annexed by an incorporated
a city, such city shall take over all properties
41 and assets and shall assume all debts,
liabilities and obligations, and shall
42 perform all functions and services in such
district and after such annex-
43 ation such district shall be abolished. The
governing body of such city
2
1 shall, by ordinance,
shall designate the date upon which the city shall take
2 over and such district shall be
abolished, but in no event shall such date
3 be later than 90 days after the
effective date of such annexation. The city
4 so annexing an improvement district
shall assume and pay, as a general
5 obligation of such city, all special
assessments which may have been levied
6 against specific lots, parcels or
tracts of property within such improvement
7 district by such improvement district
except special assessments for
8 streets, lateral sewers and water
distribution systems. Real property
9 within the district shall be
discharged from the lien of any special assess-
10 ments or taxes or special taxes levied to
pay for the cost of improvements,
11 except special assessments or special taxes
which were levied for the pur-
12 pose of paying for street improvements,
lateral sewers or a water distri-
13 bution system. Any individual taxpayer who
owns property within such
14 improvement district shall have the power
to bring suit to force any such
15 city to abide by and carry out the terms
and provisions of this section.
16 (b)
(1) Except as provided by paragraph (2) of this
subsection, upon
17 incorporation of a city which includes all
of the territory within an im-
18 provement district, such city shall take
over all properties and assets and
19 shall assume all debts, liabilities and
obligations of the district, and shall
20 perform all functions and services in such
district. After such incorpora-
21 tion the district shall be abolished. The
governing body of the newly
22 incorporated city shall, by ordinance,
designate the date upon which the
23 city shall take over and when such district
shall be dissolved, but in no
24 event shall such date be later than 90 days
after the election of the gov-
25 erning body of such city. Such city shall
assume and pay, as a general
26 obligation of such city, all special
assessments which may have been levied
27 against specific lots, parcels or tracts of
property within such improvement
28 district by such improvement district
except special assessments for
29 streets, lateral sewers and water
distribution systems. Real property
30 within the district shall be discharged
from the lien of any special assess-
31 ments or taxes or special taxes levied to
pay for the cost of improvements,
32 except special assessments or special taxes
which were levied for the pur-
33 pose of paying for street improvements,
lateral sewers or a water distri-
34 bution system. Any individual taxpayer who
owns property within such
35 improvement district shall have the power
to bring suit to force any such
36 city to abide by and carry out the terms
and provisions of this section.
37 (2) Any land
within an improvement district abolished pursuant to
38 paragraph (1) shall be liable for its
proportionate share of all outstanding
39 indebtedness when such land is included
within a city which is incorpo-
40 rated after entering into an agreement
under subsection (b) of K.S.A. 19-
41 2755a, and amendments thereto, so long
as no part of the industrial dis-
42 trict is annexed by such city. Except as
provided by this paragraph,
43 nothing herein shall be construed to
increase the liability of such land for
3
1 any indebtedness beyond that for
which it otherwise would have been
2 liable if the land had not been
included within such city.
3 Sec.
3. K.S.A. 19-2786e is hereby amended to read as follows:
19-
4 2786e. (a) When less than all of the
territory within any such improvement
5 district is annexed by a city or is
included in a newly incorporated city,
6 the governing authorities of such
city and such improvement district shall
7 be authorized to enter into contracts
in regard to the division and allo-
8 cation of duplicate and overlapping
powers, functions and duties between
9 such agencies, and in regard to the
use, improvement, control, purchase,
10 assumption and disposition of the
properties, assets, debts, liabilities and
11 obligations of such district. Any such
district is expressly authorized to
12 enter into agreements with such city for
the operation of the district's
13 utility systems and other properties by
such city and may provide for the
14 transfer, conveyance and sale of such
systems and properties of whatever
15 kind and wherever situated (including
properties outside of the city) to
16 such city and upon such terms and
conditions as may be mutually agreed
17 upon by and between the governing bodies of
such district and city. Such
18 operating contracts may extend for such
period of time not exceeding 30
19 years as may be agreed upon and shall be
subject to amendment, renewal
20 or termination by mutual consent of such
governing bodies. No such
21 contract shall contain any provision
impairing the obligation of any exist-
22 ing contract of such city or district.
23 The city shall assume
and pay, as a general obligation of the city any
24 and all special assessments or special
taxes levied against any of the lots,
25 parcels or tracts of land by the
improvement district and such lots, parcels
26 or tracts of land shall be discharged from
the lien of such special assess-
27 ments or taxes, except that the city shall
not assume and agree to pay,
28 nor shall any such property be discharged
from the lien of any special
29 taxes or assessments which might be levied
to pay the cost of the con-
30 struction of streets, lateral sewers or
water distribution systems and such
31 special taxes or assessments shall continue
as a lien upon such real prop-
32 erty and shall be paid by the owners of
such real property as if the same
33 had not been annexed by the city or
included within a newly incorporated
34 city. In the absence of a contract between
the city and the improvement
35 district such district shall be authorized
to continue to exercise all the
36 powers and functions which it was empowered
to exercise and perform
37 prior to such annexation or incorporation
of such city, and the city shall
38 not duplicate services rendered by the
district or the district's boundaries
39 without the district's consent but may
perform in the district all other
40 municipal functions in which the district
is not engaged.
41 (b) Any such
land also shall be liable for its proportionate share of
all
42 outstanding indebtedness when such land
is included within a city which
43 is incorporated after entering into an
agreement under subsection (b) of
4
1 K.S.A. 19-2755a, and amendments
thereto, so long as no part of the in-
2 dustrial district is annexed by
such city. Except as provided in this sub-
3 section, nothing herein shall be
construed to increase the liability of such
4 land for any indebtedness beyond
that for which it otherwise would have
5 been liable if such land had not
been included within such city.
6 Sec.
4. K.S.A. 1999 Supp. 19-2786j is hereby amended to read as
7 follows: 19-2786j. Whenever a
petition signed by the owners of at least
8 25% of the land in a defined area
located within an improvement district
9 created pursuant to K.S.A. 19-2753,
and amendments thereto, is filed
10 with the county clerk of the county in
which such improvement district
11 is located requesting the board of county
commissioners to hold a public
12 hearing for the purpose of determining the
advisability of detaching from
13 such district the area of land described in
such petition, the board of
14 county commissioners shall call and hold a
public hearing within 30 days
15 after the filing of such petition. The
board shall publish a notice of such
16 hearing at least once each week for two
consecutive weeks in a newspaper
17 of general circulation in the county. The
last publication shall be not more
18 than six days prior to the date fixed for
the holding of the hearing. Fol-
19 lowing such public hearing, the board shall
enter an order approving or
20 rejecting the petition for detachment. The
board of county commissioners
21 shall enter an order detaching such land,
if the improvement district has
22 not provided any services to such land
within one year preceding the date
23 of the filing of such petition. Such order
shall be effective on January 1
24 of the succeeding year. Thereupon, the
board, by resolution, shall declare
25 the new boundaries of the improvement
district and shall certify a copy
26 of such resolution to the county clerk.
27 Any land detached from
the improvement district shall be liable for its
28 proportionate share of all outstanding
indebtedness of the improvement
29 district on the date the resolution is
passed by the board detaching the
30 territory. Any such land also shall be
liable for its proportionate share of
31 all outstanding indebtedness when such
land is included within a city
32 which is incorporated after entering
into an agreement under subsection
33 (b) of K.S.A. 19-2755a, and amendments
thereto, so long as no part of the
34 industrial district is annexed by such
city. Except as provided by this
35 section, nothing herein shall be
construed to increase the liability of such
36 land for any indebtedness beyond that
for which it otherwise would have
37 been liable if the land had not been
included within such city.
38 Sec. 5. K.S.A. 19-2786d and
19-2786e and K.S.A. 1999 Supp. 19-
39 2755a and 19-2786j are hereby repealed.
40 Sec. 6. This act shall
take effect and be in force from and after its
41 publication in the statute book.