Session of 1999
By Representative Hermes

  9             AN  ACT concerning cities; relating to the incorporation thereof; amend-
10             ing K.S.A. 15-123 and repealing the existing section.
12       Be it enacted by the Legislature of the State of Kansas:
13             Section  1. K.S.A. 15-123 is hereby amended to read as follows: 15-
14       123. After the hearing has been adjourned sine die, the board or joint
15       board of county commissioners shall consider the matter. It may request
16       the director of the division of community development of the department
17       of economic development to make a study of the general area in which
18       the territory is located, information in possession of the county board and
19       other sources, and render an opinion as to the advisability of the proposed
20       incorporation. The petition for incorporation shall be denied if it is de-
21       termined that present or future annexation to an adjacent city, or the
22       creation of an authorized special service district, or districts, would better
23       serve the interest of the area or that the proposed incorporation would
24       be otherwise contrary to the public interest. If the board or joint board
25       determines that the territory should not be incorporated, it shall make an
26       order so stating. In addition to other requirements, if any of the territory
27       wholly within one county is within five miles of an existing city, the ter-
28       ritory shall not be incorporated except by the unanimous vote of the
29       commissioners. If the board or joint board determines that the territory
30       should be incorporated, it shall prepare an order or joint order incorpo-
31       rating the territory as a city by the name of "the city of ________" as
32       stated in the petition and describing the metes and bounds thereof. When
33       the order has been adopted, the inhabitants within such bounds and such
34       further territory as from time to time may be lawfully added thereto shall
35       be a body politic and corporate by that name, and they and their succes-
36       sors (except such corporation be lawfully dissolved) shall have perpetual
37       succession. The order shall be adopted at the next regular meeting of the
38       board. Where two counties are involved, the board of each county shall
39       adopt the joint order at its next regular meeting and not less than two
40       commissioners of each county shall vote in favor thereof, except that in
41       addition to other requirements, if any of the territory is within five miles
42       of an existing city, the territory shall not be incorporated except by the
43       unanimous vote of the commissioners of each county involved. The order
44       or joint order so incorporating the city shall order the first election in the
45       city for city officers. The order or joint order shall be entered at length
46       upon the journal of the proceedings of the board or boards of county
47       commissioners and shall be published once in some newspaper printed
48       or in general circulation in the city at least one week before the city
49       election. Nomination papers for candidates for city office shall be filed
50       with the county election officer of the county where the petition for in-
51       corporation was filed and the county election officer shall conduct such
52       election. 
53       Sec.  2. K.S.A. 15-123 is hereby repealed.
54        Sec.  3. This act shall take effect and be in force from and after its
55       publication in the statute book.