Title
Set hearing date for petition of Eagle Drainage District for annexation of certain land.
Body
Recommended Action: Approve notice of hearing.
On November 18, 2013, the County Clerk received a petition from the Eagle Drainage District for annexation of 44 tracts. Notice of the hearing must be published in a newspaper of general circulation in the county where the lands proposed for annexation are located. Notice must be published at least ten days prior to the hearing date. If any of the lands are within the fringe area of any city, defined as within 3 miles, K.S.A. 19-270 also applies and imposes certain notice requirements as further set out in the Legal Considerations section.
Alternatives: None. The Board is required to set a hearing date.
Financial Considerations: None.
Legal Considerations: K.S.A. 24-611 governs the petition and hearing process. Because some of the lands proposed for annexation are within the fringe area of the Cities of Bentley and Mount Hope, K.S.A. 19-270 also applies and requires notice of publication no later than 7 days before the hearing in the official county newspaper. Publication in the official county newspaper at least ten days prior to the hearing date will meet the publication requirements of both K.S.A. 24-611 and K.S.A. 19-270.
Policy Considerations: Although not required by statute; the notice of hearing will be sent by first-class mail to all landowners of the lands proposed for annexation; and the Eagle Drainage District.