Session of 2000
By Committee on Local Government

  9             AN  ACT concerning certain municipalities; relating to improvement dis-
10             tricts and industrial districts; amending K.S.A. 1999 Supp. 19-2755a
11             and 19-2786j and repealing the existing sections.
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1999 Supp. 19-2755a is hereby amended to read
15       as follows: 19-2755a. (a) Any land located within an industrial district
16       created pursuant to K.S.A. 19-3801 et seq., and amendments thereto,
17       shall not be included within the boundaries of any improvement district
18       created pursuant to K.S.A. 19-2753 et seq., and amendments thereto,
19       unless the governing body of such improvement district or industrial dis-
20       trict approves the inclusion thereof.
21             Nothing in this section shall be construed as providing a procedure for
22       the detachment or deannexation of land located within the boundaries of
23       an improvement district.
24             (b) The board of directors of an improvement district that is adjacent
25       to an industrial district may agree pursuant to a contract with such in-
26       dustrial district that the adjacent improvement district will not annex land
27       located within such industrial district for a period not to exceed 20 years.
28       Such contract may be renewed at its expiration. Any such contract also
29       shall be binding upon any city that incorporates after the effective date
30       of such agreement if within the corporate limits of such city there is lo-
31       cated any portion of the territory of such improvement district. Such
32       contract shall not be entered into or renewed until the execution thereof
33       is authorized by a resolution adopted by the improvement district. No
34       such improvement district or city during the term of such contract, shall
35       take action to annex any land in such industrial district unless the gov-
36       erning body of such industrial district approves the inclusion thereof.
37             Sec.  2. K.S.A. 1999 Supp. 19-2786j is hereby amended to read as
38       follows: 19-2786j. Whenever a petition signed by the owners of at least
39       25% of the land in a defined area located within an improvement district
40       created pursuant to K.S.A. 19-2753, and amendments thereto, is filed
41       with the county clerk of the county in which such improvement district
42       is located requesting the board of county commissioners to hold a public
43       hearing for the purpose of determining the advisability of detaching from


  1       such district the area of land described in such petition, the board of
  2       county commissioners shall call and hold a public hearing within 30 days
  3       after the filing of such petition. The board shall publish a notice of such
  4       hearing at least once each week for two consecutive weeks in a newspaper
  5       of general circulation in the county. The last publication shall be not more
  6       than six days prior to the date fixed for the holding of the hearing. Fol-
  7       lowing such public hearing, the board shall enter an order approving or
  8       rejecting the petition for detachment. The board of county commissioners
  9       shall enter an order detaching such land, if the improvement district has
10       not provided any services to such land within one year preceding the date
11       of the filing of such petition. Such order shall be effective on January 1
12       of the succeeding year. Thereupon, the board, by resolution, shall declare
13       the new boundaries of the improvement district and shall certify a copy
14       of such resolution to the county clerk.
15             Any land detached from the improvement district shall be liable for its
16       proportionate share of all outstanding indebtedness of the improvement
17       district on the date the resolution is passed by the board detaching the
18       territory. Any such land also shall be liable for its proportionate share of
19       all outstanding indebtedness when such indebtedness is assumed by a city
20       pursuant to K.S.A. 19-2786d or K.S.A. 19-2786e, and amendments
21       thereto, if prior to the incorporation of the city, the improvement district
22       entered into an agreement under subsection (b) of K.S.A. 19-2755a, and
23       amendments thereto, so long as no part of the industrial district is annexed
24       by such city
25       Sec.  3. K.S.A. 1999 Supp. 19-2755a and 19-2786j are hereby
26       repealed.
27        Sec.  4. This act shall take effect and be in force from and after its
28       publication in the statute book.