1. ANNEXATION Statutory Overview July 19, 2011 David L. Yearout, AICP, CFM

2. Annexation Authority: K.S.A. 12-519 thru 12-542. Authorizes cities to annex certain lands into the city, subject to specific criteria to be followed regarding what lands are eligible and the procedures to be followed.

3. Annexation K.S.A. 12-519 - Definitions Defines numerous terms in the Act dealing with annexation specifications and procedures; including “Land devoted to agricultural use”, “Adjoins” and other relevant terms.

4. Annexation K.S.A. 12-520 – Qualifications Defines conditions that must be met for a property to be eligible for annexation in a “unilateral” manner by a city…which means by action of the city with or without consent of the landowner.

5. Annexation K.S.A. 12-520 – Land eligible if: ~ Land is platted and some part adjoins the city. ~Land is owned by the city.

6. Annexation K.S.A. 12-520 – Land eligible if: ~Land is owned by other governmental entity except other city or county. ~Land is within or mainly within city and at least 50% of border touches city.

7. Annexation K.S.A. 12-520 – Land eligible if: ~Annexation of land will make boundary of city straight; limit of 21 acres. ~Land adjoins city with 2/3 of boundary, limit of 21 acres.

8. Annexation K.S.A. 12-520 – Land eligible if: ~Owner consents in writing to annexation regardless of size of land. ~Unplatted land larger than 21 acres cannot be annexed with consent of owner.

9. Annexation K.S.A. 12-520 – Land eligible if: ~No Improvement District may be annexed. ~Limitations on annexation of Fire District.

10. Annexation K.S.A. 12-520 – Land eligible if: ~No “island annexation” shall be used to claim other lands adjoin. ~Limits on annexation of highway rights-of-way unless one or both sides already in city or annexed at same time.

11. Annexation K.S.A. 12-520 – Land eligible if: ~One or more tracts may be annexed by one ordinance if they all qualify under this statute. ~City may not annex “narrow strip of land” to gain access to other land.

12. Annexation K.S.A. 12-520a – Required Procedures City must adopt a “Resolution” stating intent to annex. The “Resolution” must provide specific information.

13. Annexation K.S.A. 12-520a – Required Procedures “Resolution” shall: ~Set date, time and place of public hearing; preferably at site located in or near land proposed to be annexed.

14. Annexation K.S.A. 12-520a – Required Procedures “Resolution” shall: ~Describe boundaries of area proposed to be annexed. ~State “Plan for Extension of Services” available with City Clerk.

15. Annexation K.S.A. 12-520a – Required Procedures Date of public hearing not less than 60 nor more than 70 days following adoption of “Resolution” fixing date.

16. Annexation K.S.A. 12-520a – Required Procedures Copy of “Resolution” must be mailed by certified mail to every landowner proposed for annexation within 10 days of adoption of “Resolution.” A sketch of area proposed for annexation must be included in mailing.

17. Annexation K.S.A. 12-520a – Required Procedures “Resolution” must be published in official newspaper not less than 1 week nor more than 2 weeks prior to date of public hearing. Publication must include “sketch” of area proposed to be annexed.

18. Annexation K.S.A. 12-520a – Required Procedures Copy of “Resolution” must be mailed within 10 days following adoption of “Resolution” by certified mail to the following entities:

19. Annexation ~Board of County Commissioners. ~Governing Board of Township. ~Governing board of all special taxing districts or service entities, such as sewer districts, rural water districts, fire districts, etc.

20. Annexation ~Utilities in area proposed. ~School Districts in area proposed. ~Planning Commission. ~All other political or taxing subdivision in area proposed.

21. Annexation K.S.A. 12-520a – Required Procedures At public hearing, City representative must review Plan for Extension of Services. City, after hearing from interested persons, shall consider advisability of annexation based on the following:

22. Annexation ~Extent of agricultural land use. ~Platted vs unplatted land area. ~Topography, natural boundaries, sanitary and storm sewers and other physical characteristics showing extent of common interests.

23. Annexation ~Extent and age of residential development. ~Existing population and projected future population during next 5 years. ~Extent of commercial and industrial development.

24. Annexation ~Present cost, method and adequacy of services and regulatory controls. ~Proposed cost, method and necessity of services and regulatory controls. ~Tax impact to City and area.

25. Annexation ~Extent residents are dependent upon City for services and social, employment, cultural and recreational opportunities and resources. ~Effect annexation would have on City and all other governmental entities.

26. Annexation ~Existing petitions to create new city or special district. ~Likelihood of significant growth during next 5 years. ~Effect of annexation upon utilities serving area.

27. Annexation ~Economic impact on area. ~Extent of wasteful duplication of services.

28. Annexation K.S.A. 12-520a – Required Procedures If land owned by city or landowner consents in writing, no “Resolution” or hearing process is required.

29. Annexation K.S.A. 12-520b – Service Extension Plan City shall prepare a “Plan for the Extension of Services” for area proposed to be annexed. The “Plan” shall provide information regarding the following:

30. Annexation Sketch map showing area proposed for annexation and adjacent City land showing: ~Existing and proposed city limits. ~Existing streets and utilities and all proposed extensions.

31. Annexation Sketch map showing area proposed for annexation and adjacent City land showing: ~General land use pattern in area to be annexed.

32. Annexation Written “Plan” stating how all major municipal services provided within the City will be provided and paid for after annexation, including information on the following: ~Estimated cost impact of providing each municipal service to existing City and area to the annexed.

33. Annexation ~The method City will use to finance all services. ~Timetable of providing all services. ~If taking over existing services, means which City will provide those services equal to or better than township or special district.

34. Annexation ~Which services will be provided immediately and which services will be provided only after petition to create a benefit district.

35. Annexation Copy of the “Plan for Extension of Services” sent by certified mail not less than 10 days before public hearing to the Board of County Commissioners. No “Plan” is required for annexations by consent of landowner.

36. Annexation K.S.A. 12-520c – “Island Annexations” Provides procedural requirements for annexations that do not adjoin City. Not applicable to this discussion.

37. Annexation K.S.A. 12-521 – Petition Annexations Provides procedural requirements for annexations by petition to Board of County Commissioners of lands not eligible by unilateral annexation. Not applicable to this discussion.

38. Annexation K.S.A. 12-530 – Planning Commission “Resolution” to be sent to Planning Commission within 10 days of adoption. Planning Commission to provide report on “compatibility or incompatibility” of annexation with adopted Comprehensive Plan.

39. Annexation K.S.A. 12-531 – County Commissioners Board of County Commissioners shall call a hearing 3 years following annexation to evaluate whether City has complied with “Plan for Extension of Services.”

40. Annexation K.S.A. 12-531 – County Commissioners If found wanting, County Commission may order City to provide the services as planned within 1 ½ years or land may be deannexed as provided by law.

41. Annexation K.S.A. 12-532 – Deannexation Provides procedures for review and requirements on findings to order deannexation for failure to provide services.

42. Annexation K.S.A. 12-539 – Rural Water Districts Establishes requirements of notice of potential annexation of lands in Rural Water District. Following statutes set other requirements regarding impacts of annexation.

43. Annexation Other statutes in act cover other procedural issues such as timing of annexations, impacts on elections, impacts on taxes, and other issues.

44. QUESTIONS?