Same; consideration of matter after hearing; denial of petition, when; order; unanimous vote for incorporation, when; election of city officers, procedure

15-123. Same; consideration of matter after hearing; denial of petition, when; order; unanimous vote for incorporation, when; election of city officers, procedure. After the hearing has been adjourned sine die, the board or joint board of county commissioners shall consider the matter. It may request the director of the division of community development of the department of economic development to make a study of the general area in which the territory is located, information in possession of the county board and other sources, and render an opinion as to the advisability of the proposed incorporation. The petition for incorporation shall be denied if it is determined that present or future annexation to an adjacent city, or the creation of an authorized special service district, or districts, would better serve the interest of the area or that the proposed incorporation would be otherwise contrary to the public interest. If the board or joint board determines that the territory should not be incorporated, it shall make an order so stating. In addition to other requirements, if any of the territory wholly within one county is within five miles of an existing city, the territory shall not be incorporated except by the unanimous vote of the commissioners. If the board or joint board determines that the territory should be incorporated, it shall prepare an order or joint order incorporating the territory as a city by the name of "the city of ______________" as stated in the petition and describing the metes and bounds thereof. When the order has been adopted, the inhabitants within such bounds and such further territory as from time to time may be lawfully added thereto shall be a body politic and corporate by that name, and they and their successors (except such corporation be lawfully dissolved) shall have perpetual succession. The order shall be adopted at the next regular meeting of the board. Where two counties are involved, the board of each county shall adopt the joint order at its next regular meeting and not less than two commissioners of each county shall vote in favor thereof, except that in addition to other requirements, if any of the territory is within five miles of an existing city, the territory shall not be incorporated except by the unanimous vote of the commissioners of each county involved. The order or joint order so incorporating the city shall order the first election in the city for city officers. The order or joint order shall be entered at length upon the journal of the proceedings of the board or boards of county commissioners and shall be published once in some newspaper printed or in general circulation in the city at least one week before the city election. Nomination papers for candidates for city office shall be filed with the county election officer of the county where the petition for incorporation was filed and the county election officer shall conduct such election. History: L. 1963, ch. 509, § 9; L. 1965, ch. 143, § 1; L. 1968, ch. 274, § 43; L. 1985, ch. 256, § 5; July 1. Attorney General's Opinions: Notice of adjourned, recessed or continued meetings subject to open meetings act. 96-14. CASE ANNOTATIONS 1. Mentioned in appeal by city aggrieved by decision to incorporate nearby area; order incorporating held invalid. City of Kansas City v. Board of County Commissioners, 213 Kan. 777, 780, 784, 518 P.2d 403. 2. Applied; petition for incorporation of city denied; upheld on appeal. In re Reincorporation of Piper City, 220 Kan. 6, 12, 13, 551 P.2d 909. 3. Order of board of county commissioners incorporating city upheld; authority of board considered; scope of judicial review. City of Wichita v. Board of Sedgwick County Comm'rs, 232 Kan. 149, 159, 652 P.2d 717 (1982). 4. Unanimity requirement not unlawful delegation of legislative authority or violation of equal protection or due process. In re Application for Incorporation as City, 241 Kan. 396, 397, 398, 400, 401, 402, 736 P.2d 875 (1987). 5. Noted in opinion that no right to appeal legislative acts of county commissions exists under K.S.A. 19-223; what redress available examined. Umbehr v. Board of Wabaunsee County Comm'rs, 252 Kan. 30, 34, 843 P.2d 176 (1992). 6. Joint review of petitions for annexation (K.S.A. 12-521) and incorporation examined. In re Petition of City of Kansas City for Annexation of Land, 253 Kan. 402, 405, 856 P.2d 144 (1993). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026