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PUBLIC HEARING PETITION FOR DE-ANNEXATION OF LAND FROM THE CITY OF VALLEY CENTER BY CERTAIN LANDOWNERS IN THE RANCHOS DEL RIO AND RANCHOS DEL RIO SECOND ADDITIONS.
Presented by: Robert W. Parnacott, Assistant County Counselor.
RECOMMENDED ACTION: Open the public hearing, receive testimony from the landowners and representatives of the city, close the public hearing and make a finding whether or not the city has failed to provide the municipal services in accordance with the plan and consistent with the timetable therein.
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The City of Valley Center annexed the Ranchos Del Rio and Ranchos Del Rio Second Additions in May 2005. Pursuant to statute, the Board held a post annexation hearing on August 25, 2010, to determine whether the City had provided the services in accordance with the service plan. On October 6, 2010, the Board made a finding the City had not provided certain services in accordance with the service plan, i.e. animal control, adoption of a streetlight plan and street maintenance. The City was then allowed, by statute, 2 1/2 years to provide the services. At the end of the 2 1/2 year period, any landowner could petition the Board to hold a hearing to determine whether the City had failed to provide the services, and whether their property should be de-annexed from the City.
On April 23, 2013, a petition was received from certain landowners in the Ranchos Del Rio and Ranchos Del Rio Second Additions, asserting the City had failed to provide animal control, street light and street maintenance services. The Board, on May 1, 2013, set the hearing date for June 5, 2013. Notice of the hearing was sent to the City, all landowners in the two subdivisions, the township and other political subdivisions or special district governments having jurisdiction over the area.
The Board, at the public hearing, is required to hear testimony as to the City's extension of municipal services, or lack thereof, from the landowners and the City. Following the testimony, the Board must make a finding whether or not the City has failed to provide the municipal services in accordance with the plan and consistent with the timetable therein. If the Board finds services have not been provided, it may order de-annexation of the properties, subject to consideration whether, in this case, the de-annexation would have an adverse impact on the health, safety and welfare of the residents of the city or the area proposed for de-annexation.
If the Board enters a de-annexation order, the de-annexation may include de-annexation of public right of way. The de-annexation order would be recorded with the register of deeds. The properties could not be re-annexed by the City, without owner consent, for at least one year. After the effective date of the order, the properties shall not be liable for any general taxes imposed by the City. The properties would continue to be subject to certain special assessments.
Alternatives: A) Open the public hearing, receive testimony from the landowners and representatives of the city, close the public hearing and make a finding whether or not the city has failed to provide the municipal services in accordance with the plan and consistent with the timetable therein
B) None; see Legal Considerations below
Financial Considerations: N/A
Legal Considerations: The Board is required to take the recommended actions by K.S.A. 12-532.
Policy Considerations: N/A
Outside Attendees: Landowners of the subdivisions and representatives of the City
Multimedia Presentation: N/A