19-27a04.   Preliminary survey required; cost of survey; creation of districtto conduct survey; cost paid from county general fund.(a) After a sufficient petition is filed with the board, but prior to creatinga sewer district, the board of county commissioners shall have a preliminarysurvey and plan prepared to gatherdata and information relating to the possible creation of the district.The board shall employ engineers or other skilled persons to make the preliminarysurvey of the territory sought to be sewered, determine the approximateboundary lines of the sewer district, the feasibility of the proposed improvement,the treatment required, the approximate size of sewers and disposal plantrequired, the approximate cost of the improvements when completed and anyother information pertinent to the construction of the sewer facility.

      The board may contract to pay the engineers or otherskilled persons for the preliminary work by a fixed feeor by a fee contingent upon the finalpetition for the preliminary work being presented to the countycommissioners and allowed by them and the work done. If the project is authorized, thecost of the preliminary survey shall be a part of the cost ofthe completed project. If the engineers employed to make the preliminarysurvey are not employed on the final survey and plans and constructionwork, the board may require the engineersemployed on the final plans and construction work to reimburse thecounty for the amount it may have expended on the preliminary workand the cost thereof shall become a part of the cost of the completedproject. It shall be the duty of the board of county commissioners to have a copyof all engineering notes, memoranda, data, plats, plans and surveys forwhich they pay or agree to pay directly or indirectly or conditionally,filed in the office of the county clerk.

      If the board of county commissioners determines that a project is not feasible,all the cost and expenses of the work, including preliminary planning, engineering,legal and other preliminary work of skilled persons employed by the boardshall be assessed against the lots and pieces of property located withinthe district. The assessment shall be levied and collected as one tax, inaddition to the other taxes and special assessments, and upon the orderof the board, the county clerk shall place the assessment upon the tax rollfor collection subject to the same penalties, entitled to the same rebateand collected in the same manner as other taxes.

      (b)   The board of county commissioners may, in its discretion, create asewer district for the sole purpose of making a preliminary survey andplan and not for the construction of sewer improvements. The board may employ engineersor other skilled persons to gatherdata, make the preliminary survey of the territory to be sewered, determinethe approximate boundarylines of the sewer district, the feasibility of the proposedimprovement, the treatment required, the approximate size of sewers anddisposal plants required and the approximate cost ofthe improvement and any other information pertinent to the construction ofthe sewer facility. Thereafter, a sewer district or districts may becreated as otherwise provided by this act. For the purpose of paying forthe costs of the preliminary planning,the board of county commissioners may apportion the costs against thetracts of land within the district in the manner provided by K.S.A. 19-27a07.

      If the board of county commissioners determines that a project isnot feasible, all the cost and expenses of the work, including preliminaryplanning, engineering, legal and otherpreliminary work of skilled persons employed by the board shall be paidfrom the county general fund.

      History:   L. 1983, ch. 99, § 5; July 1.