19-27a03.   Creation of district by petition; contents; unsanitaryconditions.(a) Subject to the provisions of K.S.A. 19-270, the board of countycommissioners of any county shall have the powerto create a sewer district in the manner hereinafter provided whenever:

      (1)   A petition requesting the creation of a sewer district is filed with theboard; or

      (2)   the secretary of health and environment or the local health officerdetermines and certifies to the board that unsanitary conditions exist orare expected to develop and which may be removed or prevented by theinstallationand utilization of sewers.

      (b)   Any petition requesting the creation of a sewer district shall besigned by the owners of at least 51% of the acreage of the landin the proposed district. The petition shall state:

      (A)   The boundaries of the improvement district;

      (B)   the nature of the improvement;

      (C)   the estimated cost of the improvement;

      (D)   the proposed method of assessment; and

      (E)   the proposed apportionment of cost, if any, between the district andany other sewer district operated and maintained by the governing body.

      The petition also shall state that if the board of county commissionersdetermines the improvement project is not feasible that all costs and expensesof the work, including preliminary planning, engineering, legal and otherpreliminary work of skilled persons employed by the board shall be assessedagainst the property of persons signing such petition. Any person signingthe petition who desires to withdraw such person'sname may do so by giving written notice to the county clerk on or beforethe date of the hearing on the petition. The petition shall be null andvoid after the board has determined not to create the district or aftera period of two years from the date of the first signature on the petition,whichever occurs first.

      History:   L. 1983, ch. 99, § 4;L. 1986, ch. 70, § 3; May 15.