Title
SETTING OF HEARING DATE FOR DE-ANNEXATION HEARING CITY OF VALLEY CENTER.
Presented by: Robert W. Parnacott, Assistant County Counselor.
RECOMMENDED ACTION: Approve notice of hearing.
Body
In June 2012, the Board held the postannexation hearing required by K.S.A. 12-531 for the area annexed under City of Valley Center Resolution No. 1145-07. 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 March 20, 2015. 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 landowner, 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) Set the hearing date as proposed
B) Approve an alternative date
C) Take any other action deemed appropriate
Financial Considerations: None
Legal Considerations: The Board is required to hold the hearing by K.S.A. 12-532.
Policy Considerations: None
Outside Attendees: None
Multimedia Presentation: Map