Title
PUBLIC HEARING TO CONSIDER PETITIONS FROM LANDOWNERS, KRIS E. AND RITA A. CARPENTER, FOR THE INCLUSION OF THEIR PROPERTIES WITHIN THE BOUNDARIES OF SEDGWICK COUNTY FIRE DISTRICT NUMBER ONE.
Presented by: Tyler J. Roush, Assistant County Counselor.
RECOMMENDED ACTION:
Open the public hearing, accept comments, close the public hearing, adopt the resolution and instruct the County Clerk to publish the same according to law.
Body
Background:
The following landowners have petitioned for the inclusion of lands within the boundaries of the fire district:
Carpenter, Kris E. and Rita A. - 17200 W. 29th Street N., Colwich, Kansas 67030-9527
Carpenter, Kris E. and Rita A. - 17300 W. 29th Street N., Colwich, Kansas 67030-9564
The petitions, duly signed by the owners of at least ten percent of the area of the land seeking to alter the boundaries of the Sedgwick County Fire District Number One, have been filed in the office of the County Clerk. A public hearing is necessary to determine the advisability of altering the boundaries of the fire district to include the lands pursuant to the petitions.
Alternatives: None
Financial Considerations: Based on the 2016 property value and the current mill levy rate, estimated financial impact to the District is approximately $450.00 in 2017.
Legal Considerations:
K.S.A. 19-3604(b) requires that a public hearing be called and held in compliance with K.S.A. 19-270(b) on the proposed alteration of the Fire District Number One. If the proposed alteration is within the fringe area of a city, then at least a 3/4 majority vote of the Board of County Commissioners is required to approve the alteration of the boundaries. The petitioners, Mr. and Mrs. Carpenter, are inside the fringe area of the City of Colwich, the City of Maize, and the City of Wichita. Therefore, a 3/4 vote of the Board of County Commissioners is needed. Pursuant to K.S.A. 19-3606, such alteration must be completed by July 1 to be effective for the upcoming tax year.
K.S.A. 19-270(b) provides as follows:
That the board receives testimony from the city, township, county or regional planning commission having jurisdiction over any of the affected land area. Such testimony shall address any incompatibilities between the creation or expansion of the district within such fringe area and any adopted land use or comprehensive plans. The governing body of the city may present testimony of any proposed annexation of the affected land area. Any interested person may present testimony before the board.
K.S.A. 19-270(b) also provides:
As a guide in determining the advisability of authorizing the creation or change in boundaries of a special benefit district within the fringe area of a city, the board's considerations shall include, but not be limited to, any testimony offered at the public hearing concerning: (1) the size and population of such city; (2) the city's growth in population, business, and industry during the past 10 years; (3) the extension of its boundaries during the past 10 years; (4) the probability of its growth toward the territory during the ensuing 10 years, taking into consideration natural barriers and other reasons which might influence growth toward the territory; (5) the willingness of the city to annex the territory and its ability to provide city services in case of annexation; and (6) the general effect upon the entire community, all of these and other considerations having to do with the overall orderly and economic development of the area and to prevent an unreasonable multiplicity of independent municipal and special district governments. The board shall approve or disapprove the creation or change in boundaries of the special benefit district within 30 days of the hearing.
In compliance with notice requirements of K.S.A. 19-270(b), a Notice of Public Hearing was published in the Wichita Eagle on April 18, 2016.
Policy Considerations: None
Outside Attendees: Uncertain
Multimedia Presentation: Yes