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12-520a. Resolution; hearing; notice; publication; sketch of area; criteria considered at hearing; consent, effect. (a) The governing body of any city desiring to annex land under the authority of K.S.A. 12-520, and amendments thereto, shall adopt a resolution stating that the city is considering the annexation of the land. The resolution shall:

(1) Give notice that a public hearing will be held to consider the annexation of the land and fix the date, hour and place of the public hearing. Unless the governing body of the city determines adequate facilities are not available, the public hearing shall be held at a site located in or as near as possible to the area proposed to be annexed. The hearing shall be held at the time determined by the governing body to be the most convenient for the greatest number of interested persons;

(2) describe the boundaries of the land proposed to be annexed; and

(3) state that the plan of the city for the extension of services to the area proposed to be annexed, which is required under the provisions of K.S.A. 12-520b, and amendments thereto, is available for inspection during regular office hours in the office of the city clerk.

(b) The date fixed for the public hearing shall be not less than 60 nor more than 70 days following the date of the adoption of the resolution fixing the date of the hearing.

(c) A copy of the resolution providing for the public hearing shall be mailed by certified mail to each owner of land proposed to be annexed not more than 10 days following the date of the adoption of the resolution. The resolution shall be published in the official newspaper of the city not less than one week and not more than two weeks preceding the date fixed for the public hearing. A sketch clearly delineating the area in such detail as may be necessary to advise the reader of the particular land proposed to be annexed shall be published with the resolution. A copy of such sketch also shall be mailed to the owner of the property with the resolution.

(d) A copy of the resolution providing for the public hearing shall be sent by certified mail not more than 10 days following the date of the adoption of the resolution to:

(1) The board of county commissioners;

(2) the governing body of the township where the land to be annexed is located;

(3) any special assessment district or governmental unit providing municipal services to the area proposed to be annexed including, but not limited to, sewer districts, rural water districts, fire districts or improvement districts;

(4) any utilities having facilities within the area proposed to be annexed;

(5) the governing body of any school district in the area proposed to be annexed;

(6) any city, county, township or joint planning commission having jurisdiction over the area proposed to be annexed; and

(7) any other political or taxing subdivision located within the area proposed to be annexed.

(e) At the public hearing, a representative of the city shall present the city's proposal for annexation, including the plan of the city for the extension of services to the area proposed to be annexed. Following the explanation, all interested persons shall be given an opportunity to be heard. The governing body may recess, for good cause shown, the hearing to a time and date certain, which shall be fixed in the presence of persons in attendance at the hearing.

At such hearing or at any continuation of such hearing, the city shall determine the advisability of the annexation. As a guide in determining the advisability of such annexation, the city shall consider the:

(1) Extent to which any of the area is land devoted to agricultural use;

(2) area of platted land relative to unplatted land;

(3) topography, natural boundaries, storm and sanitary sewers, drainage basins, transportation links or any other physical characteristics which may be an indication of the existence or absence of common interest of the city and the area proposed to be annexed;

(4) extent and age of residential development in the area to be annexed and adjacent land within the city's boundaries;

(5) present population in the area to be annexed and the projected population growth during the next five years in the area proposed to be annexed;

(6) extent of business, commercial and industrial development in the area;

(7) present cost, methods and adequacy of governmental services and regulatory controls in the area;

(8) proposed cost, extent and the necessity of governmental services to be provided by the city proposing annexation and the plan and schedule to extend such services;

(9) tax impact upon property in the city and the area;

(10) extent to which the residents of the area are directly or indirectly dependent upon the city for governmental services and for social, economic, employment, cultural and recreational opportunities and resources;

(11) effect of the proposed annexation on the city and other adjacent areas, including, but not limited to, other cities, sewer and water districts, improvement districts, townships or industrial districts and, subject to the provisions of K.S.A. 12-521a, and amendments thereto, fire districts;

(12) existing petitions for incorporation of the area as a new city or for the creation of a special district;

(13) likelihood of significant growth in the area and in adjacent areas during the next five years;

(14) effect of annexation upon the utilities providing services to the area and the ability of those utilities to provide those services shown in the detailed plan;

(15) economic impact on the area; and

(16) wasteful duplication of services.

(f) No resolution, notice and public hearing required under the provisions of this section shall be required as a prerequisite to the annexation of land owned by or held in trust for the city or any agency thereof or land all of the owners of which petition for or consent thereto in writing.

(g) Any resolution, adopted pursuant to this section, which includes territory subsequently incorporated pursuant to K.S.A. 15-115 et seq., and amendments thereto, shall be invalid.

History: L. 1974, ch. 56, § 2; L. 1984, ch. 66, § 1; L. 1987, ch. 66, § 3; L. 1993, ch. 147, § 2; L. 2005, ch. 155, § 2; July 1.

Law Review and Bar Journal References:

"Kansas Annexation Law: The Role of Service Plans," Michael M. Shultz, 40 K.L.R. 207, 220 (1991).

"Annexation in Kansas," Robert W. Parnacott, 70 J.K.B.A. No. 10, 28 (2001).

Attorney General's Opinions:

Amendments or changes in zoning; incorporation by reference. 82-197.

Conditions which permit annexation by cities; ordinances; actions challenging validity. 88-138.

Notice of adjourned, recessed or continued meetings subject to open meetings act. 96-14.

CASE ANNOTATIONS

1. Applied in holding a city has no standing to challenge the annexation proceedings of another city. City of Lenexa v. City of Olathe, 228 Kan. 773, 779, 781, 620 P.2d 1153.

2. Cited; resolution and notice required by city to consider proposed annexation. Grandon v. City of Hutchinson, 6 Kan. App. 2d 896, 897, 636 P.2d 205 (1981).

3. Considered in holding board of county commissioners a proper party to appeal from its order denying petition filed under K.S.A. 12-521. Board of Johnson County Commissioners v. City of Lenexa, 230 Kan. 632, 633, 638, 639, 640 P.2d 1212 (1982).

4. Noted; annexation of tracts nonadjoining at time proceedings commenced ineffective following annexation of adjoining property. Banzer v. City of Wichita, 237 Kan. 798, 801, 805, 703 P.2d 812 (1985).

5. City not required to exhaust proceedings to annex parcels eligible under K.S.A. 12-520 before proceeding under K.S.A. 12-521. In re Petition of City of Overland Park for Annexation of Land, 241 Kan. 365, 367, 736 P.2d 923 (1987).

6. Proposed use of or reason for island annexation (K.S.A. 12-520c) examined where future growth affected. Cedar Creek Properties, Inc. v. Board of Johnson County Comm'rs, 249 Kan. 149, 155, 815 P.2d 492 (1991).

7. Trial court rules city had to give notice of intent to annex to its planning commission. Board of Sedgwick County Comm'rs v. City of Park City, 41 Kan. App. 2d 646, 204 P.3d 648 (2009).

8. Erroneous legal description of land substantially complies with statutory requirements where the description is sufficient to inform affected stakeholders of land to be annexed. Stueckemann v. City of Basehor, 301 Kan. 718, 728, 348 P.3d 526 (2015).


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