Title
SETTING OF A HEARING DATE FOR THE DE-ANNEXATION HEARING FOR THE CITY OF VALLEY CENTER.
Presented by: Robert W. Parnacott, Assistant County Counselor.
RECOMMENDED ACTION: Approve the notice of hearing.
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. The petition was withdrawn, and then refiled on April 23, 2013.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.
Analysis: At the hearing the Board hears evidence from the City and landowners concerning whether the services were extended as provided in the service plan. The Board then makes a finding whether the services were extended. If the Board finds the services were not extended, the Board may order the land be de-annexed from the City.
Alternatives: A. Approve notice of hearing.
B. Set a different date for the hearing.
Financial Considerations: None
Legal Considerations: The BOCC is required to set the hearing by K.S.A. 12-532.
Policy Considerations: None.
Outside Attendees: N/A
Multimedia Presentation: Map