Ch. 143 1997 Session Laws of Kansas 831
An Act concerning certain special benefit districts; relating to
the creation or enlargement
thereof; amending K.S.A. 19-270, 24-409 and 82a-623 and repealing
the existing sec-
tions.
Be it enacted by the Legislature of the State of
Kansas:
Section 1. K.S.A. 19-270 is hereby amended to read as follows:
19-
270. (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
terri-
tory 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,
established or other- within the fringe area of any city unless
approved by at least
wise formed
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 the district
such a city is located
shall be required to approve the creation or 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
of county commissioners of each county. If a
hearing is not already re-
quired to be held prior to the creation or expansion within the
fringe area
832 1997 Session Laws of Kansas Ch. 143
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,
town-
ship, county or regional planning commission having jurisdiction
over any
of the affected land area. Such testimony shall address any
incompatibil-
ities 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
located
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
con-
cerning: (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
exten-
sion of its boundaries during the past 10 years; (4) the
probability of its
growth toward the territory during the ensuing 10 years, taking
into con-
sideration 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
devel-
opment of the area and to prevent an unreasonable multiplicity of
inde-
pendent municipal and special district governments. The board shall
ap-
prove 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
re-
quired to execute the bond prescribed therein.
Sec. 2. K.S.A. 82a-623 is hereby amended to read as follows:
82a-
623. Subject to the provisions of K.S.A. 1986
Supp. 19-270, notice of the and amendments
thereto, the county
filing of a petition for attachment fixing the time and place of
hearing and
giving notice thereof shall be in the same manner as prescribed in
K.S.A.
82a-615, and amendments thereto, except notice shall not refer to
any
meetings to elect to board of directors or adopt bylaws, and in
addition
thereto the county clerk shall mail to each director of the board
of the
district named in the petition, a copy of such petition and notice
of time
and place same shall be considered
clerk shall give notice to the county commissioners of the filing
of the
Ch. 143 1997 Session Laws of Kansas 833
petition for attachment. The board of county commissioners
shall fix a
time and place, within 30 days from the date of the filing of the
petition,
for a hearing on the same. The county clerk, at least seven days
before
the date fixed for the hearing, shall send by first class mail to
each owner
of land within the area sought to be attached a copy of the
petition for
attachment, and a copy of the notice fixing the time and place of
hearing
on the petition. The owners of land within the area sought to be
attached
shall be determined by an enumeration of landowners taken from the
tax
rolls of the county in which the land is located. If the petition
for attach-
ment is accompanied by a verified statement by one of the owners of
land
within the area sought to be attached, or the attorney for the
petitioner,
that the owners of all of the land within the area sought to be
attached
have signed the petition for attachment, a copy of the petition for
attach-
ment shall not be sent to the owners of land sought to be attached.
The
clerk shall send by first class mail a copy of the petition for
attachment
and a copy of the notice fixing the time and place of hearing on
the petition
to the office of the water district to which attachment is sought.
The clerk
also shall transmit to the chief engineer a copy of the petition
for attach-
ment and a copy of the notice fixing the time and place of hearing
thereon.
Sec. 3. K.S.A. 24-409 is hereby amended to read as follows:
24-409.
All powers granted to drainage districts incorporated under the
provisions
of this act shall be exercised by a board of directors consisting
of three
persons who shall be freeholders and actual residents of
the district. In owners of land located in the
district. Directors also shall
districts organized in counties having a population of less than
85,000,
the directors provided for in this act shall be freeholders of such
drainage
districts residing
reside in the county in which such district is located, or if
such district is
located in more than one county, then such
the directors may shall reside
in either county thereof in a county in which a
portion of the drainage
district is located. Except as provided in K.S.A. 24-412,
as amended and
amendments thereto, the directors shall hold their offices for
four years
and until their successors are elected or appointed, as the case
may be,
and qualified, and shall be chosen at the time and in the manner
provided
by law.
New Sec. 4. Whenever a petition signed by the owners of at
least
25% of the land in a defined area located within an improvement
district
created pursuant to K.S.A. 19-2753, and amendments thereto, is
filed
with the county clerk of the county in which such improvement
district
is located requesting the board of county commissioners to hold a
public
hearing for the purpose of determining the advisability of
detaching from
such district the area of land described in such petition, the
board of
county commissioners shall call and hold a public hearing within 30
days
after the filing of such petition. The board shall publish a notice
of such
hearing at least once each week for two consecutive weeks in a
newspaper
834 1997 Session Laws of Kansas Ch. 143
of general circulation in the county. The last publication shall
be not more
than six days prior to the date fixed for the holding of the
hearing. Fol-
lowing such public hearing, the board shall enter an order
approving or
rejecting the petition for detachment. The board of county
commissioners
shall enter an order detaching such land, if the improvement
district has
not provided any services to such land within one year preceding
the date
of the filing of such petition. Such order shall be effective on
January 1
of the succeeding year. Thereupon, the board, by resolution, shall
declare
the new boundaries of the improvement district and shall certify a
copy
of such resolution to the county clerk.
Any land detached from the improvement district shall be liable
for its
proportionate share of all outstanding indebtedness of the
improvement
district on the date the resolution is passed by the board
detaching the
territory.
New Sec. 5. Any land located within an improvement district
created
pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or any
land
located within an industrial district created pursuant to K.S.A.
19-3801
et seq., and amendments thereto, shall not be included within the
bound-
aries of any sewer district created pursuant to K.S.A. 19-27a01 et
seq.,
and amendments thereto, unless the governing body of such
improve-
ment district or industrial district approves the inclusion
thereof.
Nothing in this section shall be construed as providing a
procedure for
the detachment or deannexation of land located within the
boundaries of
a sewer district.
New Sec. 6. Any land located within an improvement district
created
pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or any
land
located within an industrial district created pursuant to K.S.A.
19-3801
et seq., and amendments thereto, shall not be included within the
bound-
aries of any sewer district created pursuant to K.S.A. 80-2001 et
seq., and
amendments thereto, unless the governing body of such
improvement
district or industrial district approves the inclusion
thereof.
Nothing in this section shall be construed as providing a
procedure for
the detachment or deannexation of land located within the
boundaries of
a sewer district.
New Sec. 7. Any land located within an improvement district
created
pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or any
land
located within an industrial district created pursuant to K.S.A.
19-3801
et seq., and amendments thereto, shall not be included within the
bound-
aries of any rural water district created pursuant to K.S.A.
82a-601 et seq.,
and amendments thereto, unless the governing body of such
improve-
ment district or industrial district approves the inclusion
thereof.
Nothing in this section shall be construed as providing a
procedure for
the detachment or deannexation of land located within the
boundaries of
a rural water district.
Ch. 143 1997 Session Laws of Kansas 835
New Sec. 8. Any land located within an improvement district
created
pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or any
land
located within an industrial district created pursuant to K.S.A.
19-3801
et seq., and amendments thereto, shall not be included within the
bound-
aries of any rural water district created pursuant to K.S.A.
82a-612 et seq.,
and amendments thereto, unless the governing body of such
improve-
ment district or industrial district approves the inclusion
thereof.
Nothing in this section shall be construed as providing a
procedure for
the detachment or deannexation of land located within the
boundaries of
a rural water district.
New Sec. 9. Any land located within an improvement district
created
pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or any
land
located within an industrial district created pursuant to K.S.A.
19-3801
et seq., and amendments thereto, shall not be included within the
bound-
aries of any public wholesale water supply district created
pursuant to
K.S.A. 19-3545 et seq., and amendments thereto, unless the
governing
body of such improvement district or industrial district approves
the in-
clusion thereof.
Nothing in this section shall be construed as providing a
procedure for
the detachment or deannexation of land located within the
boundaries of
a public wholesale water supply district.
New Sec. 10. Any land located within an improvement district
cre-
ated pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or
any
land located within an industrial district created pursuant to
K.S.A. 19-
3801 et seq., and amendments thereto, shall not be included within
the
boundaries of any water supply and distribution district created
pursuant
to K.S.A. 19-3501 et seq., and amendments thereto, unless the
governing
body of such improvement district or industrial district approves
the in-
clusion thereof.
Nothing in this section shall be construed as providing a
procedure for
the detachment or deannexation of land located within the
boundaries of
a water supply and distribution district.
New Sec. 11. Any land located within an improvement district
cre-
ated pursuant to K.S.A. 19-2753 et seq., and amendments thereto,
shall
not be included within the boundaries of any industrial district
created
pursuant to K.S.A. 19-3801 et seq., and amendments thereto, unless
the
governing body of such improvement district or industrial district
ap-
proves the inclusion thereof.
Nothing in this section shall be construed as providing a
procedure for
the detachment or deannexation of land located within the
boundaries of
an industrial district.
New Sec. 12. Any land located within an industrial district
created
pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall
not
be included within the boundaries of any improvement district
created
836 1997 Session Laws of Kansas Ch. 143
pursuant to K.S.A. 19-2753 et seq., and amendments thereto,
unless the
governing body of such improvement district or industrial district
ap-
proves the inclusion thereof.
Nothing in this section shall be construed as providing a
procedure for
the detachment or deannexation of land located within the
boundaries of
an improvement district.
New Sec. 13. Any land located within an improvement district
cre-
ated pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or
any
land located within an industrial district created pursuant to
K.S.A. 19-
3801 et seq., and amendments thereto, shall not be included within
the
boundaries of any drainage district created pursuant to K.S.A.
24-401 et
seq., and amendments thereto, unless the governing body of such
im-
provement district or industrial district approves the inclusion
thereof.
Nothing in this section shall be construed as providing a
procedure for
the detachment or deannexation of land located within the
boundaries of
a drainage district.
New Sec. 14. Any land located within an improvement district
cre-
ated pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or
any
land located within an industrial district created pursuant to
K.S.A. 19-
3801 et seq., and amendments thereto, shall not be included within
the
boundaries of any drainage district created pursuant to K.S.A.
24-501 et
seq., and amendments thereto, unless the governing body of such
im-
provement district or industrial district approves the inclusion
thereof.
Nothing in this section shall be construed as providing a
procedure for
the detachment or deannexation of land located within the
boundaries of
a drainage district.
New Sec. 15. Any land located within an improvement district
cre-
ated pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or
any
land located within an industrial district created pursuant to
K.S.A. 19-
3801 et seq., and amendments thereto, shall not be included within
the
boundaries of any drainage district created pursuant to K.S.A.
24-601 et
seq., and amendments thereto, unless the governing body of such
im-
provement district or industrial district approves the inclusion
thereof.
Nothing in this section shall be construed as providing a
procedure for
the detachment or deannexation of land located within the
boundaries of
a drainage district.
New Sec. 16. Any land located within an improvement district
cre-
ated pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or
any
land located within an industrial district created pursuant to
K.S.A. 19-
3801 et seq., and amendments thereto, shall not be included within
the
boundaries of any drainage district created pursuant to K.S.A.
24-656 et
seq., and amendments thereto, unless the governing body of such
im-
provement district or industrial district approves the inclusion
thereof.
Nothing in this section shall be construed as providing a
procedure for
Ch. 143 1997 Session Laws of Kansas 837
the detachment or deannexation of land located within the
boundaries of
a drainage district.
New Sec. 17. Any land located within an improvement district
cre-
ated pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or
any
land located within an industrial district created pursuant to
K.S.A. 19-
3801 et seq., and amendments thereto, shall not be included within
the
boundaries of any fire district created pursuant to K.S.A. 19-3601
et seq.,
and amendments thereto, unless the governing body of such
improve-
ment district or industrial district approves the inclusion
thereof.
Nothing in this section shall be construed as providing a
procedure for
the detachment or deannexation of land located within the
boundaries of
a fire district.
New Sec. 18. Any land located within an improvement district
cre-
ated pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or
any
land located within an industrial district created pursuant to
K.S.A. 19-
3801 et seq., and amendments thereto, shall not be included within
the
boundaries of any fire district created pursuant to K.S.A. 19-3613
et seq.,
and amendments thereto, unless the governing body of such
improve-
ment district or industrial district approves the inclusion
thereof.
Nothing in this section shall be construed as providing a
procedure for
the detachment or deannexation of land located within the
boundaries of
a fire district.
New Sec. 19. Any land located within an improvement district
cre-
ated pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or
any
land located within an industrial district created pursuant to
K.S.A. 19-
3801 et seq., and amendments thereto, shall not be included within
the
boundaries of any fire district created pursuant to K.S.A. 19-3624
et seq.,
and amendments thereto, unless the governing body of such
improve-
ment district or industrial district approves the inclusion
thereof.
Nothing in this section shall be construed as providing a
procedure for
the detachment or deannexation of land located within the
boundaries of
a fire district.
New Sec. 20. Any land located within an improvement district
cre-
ated pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or
any
land located within an industrial district created pursuant to
K.S.A. 19-
3801 et seq., and amendments thereto, shall not be included within
the
boundaries of any fire district created pursuant to K.S.A. 80-1512
et seq.,
and amendments thereto, unless the governing body of such
improve-
ment district or industrial district approves the inclusion
thereof.
Nothing in this section shall be construed as providing a
procedure for
the detachment or deannexation of land located within the
boundaries of
a fire district.
New Sec. 21. Any land located within an improvement district
cre-
ated pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or
any
838 1997 Session Laws of Kansas Ch. 143
land located within an industrial district created pursuant to
K.S.A. 19-
3801 et seq., and amendments thereto, shall not be included within
the
boundaries of any fire district created pursuant to K.S.A. 80-1524
et seq.,
and amendments thereto, unless the governing body of such
improve-
ment district or industrial district approves the inclusion
thereof.
Nothing in this section shall be construed as providing a
procedure for
the detachment or deannexation of land located within the
boundaries of
a fire district.
New Sec. 22. Any land located within an improvement district
cre-
ated pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or
any
land located within an industrial district created pursuant to
K.S.A. 19-
3801 et seq., and amendments thereto, shall not be included within
the
boundaries of any fire district created pursuant to K.S.A. 80-1540
et seq.,
and amendments thereto, unless the governing body of such
improve-
ment district or industrial district approves the inclusion
thereof.
Nothing in this section shall be construed as providing a
procedure for
the detachment or deannexation of land located within the
boundaries of
a fire district.
New Sec. 23. Any land located within an improvement district
cre-
ated pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or
any
land located within an industrial district created pursuant to
K.S.A. 19-
3801 et seq., and amendments thereto, shall not be included within
the
boundaries of any fire district created pursuant to K.S.A. 80-1547
et seq.,
and amendments thereto, unless the governing body of such
improve-
ment district or industrial district approves the inclusion
thereof.
Nothing in this section shall be construed as providing a
procedure for
the detachment or deannexation of land located within the
boundaries of
a fire district.
Sec. 24. K.S.A. 19-270, 24-409 and 82a-623 are hereby
repealed.
Sec. 25. This act shall take effect and be in force from and
after its
publication in the Kansas register.
Approved April 24, 1997.
Published in the Kansas Register: May 8, 1997.