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PUBLIC HEARING ON PETITION FOR TRANSFER OF CERTAIN LAND COMPRISING THE VALLEY TOWNSHIP DRAINAGE DISTRICT TO THE EAGLE DRAINAGE DISTRICT.
Presented by: Robert W. Parnacott, Assistant County Counselor.
RECOMMENDED ACTION: Open the public hearing, receive testimony, close the public hearing and make the appropriate findings and decision.
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Drainage districts are political subdivisions of the state, with elected governing boards that have the power to construct and maintain drainage improvements, buy sell and hold real estate, levy taxes, impose special assessments and to exercise the power of eminent domain. Eagle Drainage District is located in the northwest area of Sedgwick County and was formed around 1950. Valley Township Drainage District is located in Reno County and adjoins the Eagle Drainage District at the northwest corner of Sedgwick County. In 2007, after receiving a petition from the Eagle Drainage District, the Board of County Commissioners approved the transfer of the territory of the Greeley Drainage District into the Eagle Drainage District. The County has received a petition from Eagle Drainage District to transfer the territory of the Valley Township Drainage District to the Eagle Drainage District. The petition states the boards of both districts have passed resolutions recommending the transfer be approved; and that the proposed transfer will allow a more efficient and more adequate protection of the area from overflow or damage; and that the proposed transfer will be conducive to the public health, convenience and welfare. The petition also states the transfer will improve the ability for the Eagle Drainage District to maintain the existing improvements in the Valley Township Drainage District by broadening the tax base of the district, without significant impact on the districts as a whole.
Alternatives: The Board is required to hold the public hearing, and to hear testimony on the advisability of granting the petition. The Board may continue the hearing if deemed necessary. Following the close of the hearing, the board must decide whether to grant or deny the petition.
Financial Considerations: None. There is no direct cost to the County. The district is responsible for the cost of publication of the notice of hearing.
Legal Considerations: The process for transfer of territory as requested by the petition is authorized and governed by K.S.A. 24-140, et seq. Because the districts involved are in different counties, the petition must be filed in both counties; both county commissions are required to hold public hearings; and both county commissions must approve the transfer. The commission must approve the transfer by unanimous vote. A draft proposed order to transfer the territory is attached if the board approves the petition.
Policy Considerations: The board, in determining whether to grant the petition, must consider: 1) testimony presented at the hearing; 2) the present cost methods and adequacy of providing drainage district operations, services and works or improvements in the area; 3) the proposed cost, extent and the necessity of any proposed or existing drainage district operations, services and works or improvements to be provided by the district which submitted the petition; 4) the impact on the tax base of each district and the territory sought to be transferred if the transfer is approved or disapproved; 5) the extent to which any of services or benefits are provided to the territory by the district which submitted the petition; 6) the impact on the provision of drainage district operations, services and works or improvements in the territory and in the remainder of the district if the transfer is approved; 7) whether the proposed transfer will result in a more efficient or more adequate protection of the territory from overflow or damage and injury resulting therefrom or will be conducive to the public health, convenience and welfare; and 8) whether the district which submitted the petition is obligated to operate or maintain dikes, levees or other flood control works previously constructed by the U.S. Army Corps of Engineers or other agencies of the U.S. government in the territory.
Outside Attendees: Representatives of the Eagle Drainage District
Multimedia Presentation: N/A