Title
FINDING IN PETITION FOR DE-ANNEXATION FROM THE CITY OF VALLEY CENTER.
Presented by: Robert W. Parnacott, Assistant County Counselor.
RECOMMENDED ACTION: Make the required statutory finding(s).
Body
In October 2010, the Board held the postannexation hearing required by K.S.A. 12-531 for the area annexed under City of Valley Center Resolution No. 1090-05. Following the hearing, the Board made a finding the City had not provided certain services as set out in the notice of finding. The Board also notified the City and landowners that the City had 2 ½ years to provide the services identified, and that following that 2 ½ year period, any landowner could file a petition seeking de-annexation from the City.
A petition for de-annexation was received on April 8, 2013. K.S.A. 12-532 provides that within 10 days of receipt of a petition seeking exclusion of land from a city, the Board must set a hearing date. Notice of the hearing must then be sent to the City, the petitioning landowners, the township, and any other water, sewer or special district governing body having jurisdiction over the area.
On June 5, 2013, the Board held the required public hearing. Following the close of the public hearing, the Board set a 30 day period for the submission of written comments by landowners or the city. Approximately 30 written submissions were received within the 30 day period.
Alternatives: A) Make the required statutory finding(s); or
B) Take any other action deemed appropriate
Financial Considerations: None
Legal Considerations: Under K.S.A. 12-532, the Board is required to make a finding whether the services were extended in accordance with the service plan. If the Board finds the services were not extended, the Board may order the land be de-annexed from the City, unless if finds that the landowners or the city would suffer an adverse impact.
Policy Considerations: None
Outside Attendees: None
Multimedia Presentation: Aerial photo of area