(a) Any person who has an interest in and is aggrieved by the decision of the board
of county commissioners under the provisions of K.S.A. 15-115, et seq., and amendments thereto, may appeal to the district court of the same county in the
manner provided by K.S.A. 19-223, and amendments thereto. Upon appeal the district court shall have jurisdiction to affirm or, if the court
is of the opinion that the decision of the board was arbitrary, unlawful or capricious,
to reverse the decision complained of or direct the county commissioners to take proper
action. Neither the filing nor the pendency of any appeal of the decision of the board of
county commissioners incorporating the territory to the district court, or any appeal
therefrom, shall limit in any way the exercise of the corporate powers of the city
by its officers, employees and agents.
(b) In the event the appellate court enters an order pursuant to subsection (a) reversing
the decision of the board of county commissioners incorporating the territory, the
board shall take immediate responsibility for the administration of the assets, debts
and obligations of the former city. In doing so, the board, by resolution, shall create and serve as officers of a special
taxing district covering the territory of the former city. If the proceeds of the sale of the property and the remaining assets of the former
city are insufficient to pay its debts and obligations, the board shall provide for
the levy of taxes on the tangible taxable property within the limits of the special
taxing district sufficient to pay the remaining debts and obligations.
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