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File #: 16-269    Version: 1 Name: Alteration of Fire District Boundaries - Exclusion
Type: Resolution Status: Passed
File created: 4/21/2016 In control: Board of Sedgwick County Commissioners
On agenda: 5/18/2016 Final action: 5/18/2016
Title: PUBLIC HEARING TO CONSIDER THE PETITION FROM LANDOWNER, DOUGLAS M. WENINGER, FOR THE EXCLUSION OF HIS PROPERTY FROM THE BOUNDARIES OF THE 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.
Attachments: 1. Resolution - exclusion - final, 2. Exhibit A - Property Address & Legal Description 4-1-16, 3. Exhibit B - Map (2016_13360_W_53rd_St_N)
Title
PUBLIC HEARING TO CONSIDER THE PETITION FROM LANDOWNER, DOUGLAS M. WENINGER, FOR THE EXCLUSION OF HIS PROPERTY FROM THE BOUNDARIES OF THE 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 landowner has petitioned for the exclusion of land from the boundaries of the fire district:

Weninger, Douglas M. - 13360 W. 53rd St. North, Maize, Kansas 67101

The petition, duly signed by an owner of at least ten percent of the area of the land seeking to alter the boundaries of the Sedgwick County Fire District Number One, has 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 exclude the land pursuant to the petition.

Alternatives: None

Financial Considerations: Based on the 2016 property value and current mill levy rate, anticipated impact to the District is $389.80 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. In this case, the petitioner, Mr. Douglas Weninger, is 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 plannin...

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