19-2786.   Same; petition by directors of an existing drainage districtfor incorporation; notice and hearing; proceedings.That whenever a petition signed by the duly elected and qualifieddirectors of a drainage district now in existence shall be presented to theboard of county commissioners of the county in which said drainage districthas been incorporated asking that said drainage district be incorporated asan improvement district, said petition being in conformity with theprovisions of this act except it need be signed by the directors only, itshall be the duty of the board of county commissioners to forthwith fix atime for the hearing of said petition and to cause the county clerk to givenotice thereof by one publication in some newspaper published in and ofgeneral circulation in the county at least five days before the day fixedfor the hearing.

      All proceedings thereafter shall be had by the board of countycommissioners in conformity with the provisions of this act. That at thetime set for the hearing of the petition it shall be the duty of the countycommissioners to ascertain and determine whether notice of the time of thehearing as required by this act has been given, and, if it shall bedetermined that such notice has been given, to make a declaration andfinding of that fact and cause same to be entered upon its records andthereupon to hear all persons in favor or opposed to granting saidpetition, and to ascertain whether the board of directors signing saidpetition are the duly elected and qualified directors of said drainagedistrict and if upon hearing of evidence it shall be found that suchpetition is in conformity to the requirements of this act and theallegations thereof are true then such board of county commissioners shallmake a finding and decision to that effect and shall thereupon immediatelydeclare the territory described in the petition of the existing drainagedistrict to constitute a public corporation and the inhabitants within suchboundaries to be incorporated as an improvement district in accordance withthe provisions of this act. Thereafter the said drainage district shall beknown as "the _____________ improvement district, _____________ county,Kansas," and shall have all the powers that are herewith given to saidimprovement district, as provided in this act.

      History:   L. 1945, ch. 180, § 34; June 28.