1997 Session Laws of Kansas: Chapter 143

Ch. 143 1997 Session Laws of Kansas 831

Chapter 143

HOUSE BILL No. 2218

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;

(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-
wise formed within the fringe area of any 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. 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
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 and amendments thereto, the county
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
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 owners of land located in the district. Directors also shall
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.