19-2786. Same; petition by directors of an existing drainage district for incorporation; notice and hearing; proceedings.
19-2786
19-2786. Same; petition by directors of an existing drainage district
for incorporation; notice and hearing; proceedings.
That whenever a petition signed by the duly elected and qualified
directors of a drainage district now in existence shall be presented to the
board of county commissioners of the county in which said drainage district
has been incorporated asking that said drainage district be incorporated as
an improvement district, said petition being in conformity with the
provisions of this act except it need be signed by the directors only, it
shall be the duty of the board of county commissioners to forthwith fix a
time for the hearing of said petition and to cause the county clerk to give
notice thereof by one publication in some newspaper published in and of
general circulation in the county at least five days before the day fixed
for the hearing.
All proceedings thereafter shall be had by the board of county
commissioners in conformity with the provisions of this act. That at the
time set for the hearing of the petition it shall be the duty of the county
commissioners to ascertain and determine whether notice of the time of the
hearing as required by this act has been given, and, if it shall be
determined that such notice has been given, to make a declaration and
finding of that fact and cause same to be entered upon its records and
thereupon to hear all persons in favor or opposed to granting said
petition, and to ascertain whether the board of directors signing said
petition are the duly elected and qualified directors of said drainage
district and if upon hearing of evidence it shall be found that such
petition is in conformity to the requirements of this act and the
allegations thereof are true then such board of county commissioners shall
make a finding and decision to that effect and shall thereupon immediately
declare the territory described in the petition of the existing drainage
district to constitute a public corporation and the inhabitants within such
boundaries to be incorporated as an improvement district in accordance with
the provisions of this act. Thereafter the said drainage district shall be
known as "the _____________ improvement district, _____________ county,
Kansas," and shall have all the powers that are herewith given to said
improvement district, as provided in this act.
History: L. 1945, ch. 180, § 34; June 28.