19-270. Special benefit districts; creation or enlargement; approval of board of county commissioners, required. (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 territory 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, 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 such a city is located shall be required to approve the creation 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. If a hearing is not already required to be held prior to the creation or expansion within the fringe area 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, township, county or regional planning commission having jurisdiction over any of the affected land area. Such testimony shall address any incompatibilities 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 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 concerning: (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 extension of its boundaries during the past 10 years; (4) the probability of its growth toward the territory during the ensuing 10 years, taking into consideration 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 development of the area and to prevent an unreasonable multiplicity of independent municipal and special district governments. The board shall approve 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 required to execute the bond prescribed therein.
History: L. 1986, ch. 70, § 1; L. 1995, ch. 57, § 1; L. 1997, ch. 143, § 1; May 8.
Structure Kansas Statutes
Chapter 19 - Counties And County Officers
Article 2 - County Commissioners
19-201 Commissioner districts; charter counties, exception.
19-202 Commissioners; residence requirements; term; filling vacancies; charter counties, exceptions.
19-204a Change in number of districts, when; procedure if board fails to act.
19-204b Election of Sherman county commissioners at large; when allowed.
19-206 Meetings of board; when.
19-208 Allowance of claims monthly.
19-209 Meetings of board in counties of over 50,000.
19-212 Powers of board of commissioners.
19-212a Withholding from salaries to provide for certain insurance for employees, when.
19-212b Same; prior action confirmed.
19-212f Establishment or participation in weather modification programs; expenditures.
19-214 Awarding of certain contracts; public lettings; bond; exemptions.
19-215 Same; notice of letting contracts; bids.
19-216 Same; plans and specifications for work.
19-216a Contracts for bridges damaged or destroyed by disaster.
19-216b Alternative project delivery building construction procurement act.
19-216d Same; criteria for use.
19-216e Same; procedure, construction management at-risk.
19-216f Same; procedure, building design-build projects.
19-216g Proposals; open for public inspection.
19-217 New townships; area and population; petition; notice.
19-218 Seal of board of commissioners; open meetings; order of business.
19-219 Organization of board; chairman, vacancy; charter counties, exception.
19-220 Powers and duties of chairman.
19-223 Appeals to district court; notice; bond.
19-224 Duties of clerk on appeal; procedure.
19-225 Supplies for county officers; official seals.
19-227 Annual financial statement; publication.
19-228 Statement of expenditures; publication of statement or summary of expenditures and balances.
19-229 Control of expenditures.
19-230 Plat and record of new or altered township.
19-232 Unauthorized fees or costs; action to recover; penalty and attorney's fee.
19-233 Violation of law by commissioner; penalty; bond of commissioner, approval, filing.
19-236 Emergency expenses; no-fund warrants; tax levies; limitations.
19-236a Civil defense in certain counties; tax levy, use of proceeds.
19-241 County charges and expenses; tax levy, use of proceeds.
19-242 Unlawful allowances; issuance of warrants or warrant checks for more than allowed.
19-243 Violation of 19-241, 19-242 or failure to perform duties; penalty.
19-247 Duties of county counselor.
19-248 Effect of act on office of county attorney.
19-250 Reproduction and preservation of public records, other than court records; minimum standards.
19-251 Same; equipment and facilities; operation.
19-252 Same; deemed original record; evidence; transcript.
19-264 Counties over 150,000; petty cash funds, limitation; uses.
19-265 Same; expenditure limitations; fund for redemption of unsold fish and game licenses.
19-266 Same; monthly statement of payments from fund to county clerk; restoration.
19-268 Pay periods for county employees.
19-269 Powers of board of commissioners; travel policy; advancement of expenses.