19-3503.   Petition for creation; determination by countycommissioners; notice and hearing; creation; ratification of districtspreviouslyestablished; disorganization.Whenever 1,000 qualified electors within the territory of a proposed waterdistrict petition the board of countycommissioners of any county for the creation of a waterdistrict, the board of county commissioners shall ascertain and determinewhether the petition is in compliance with the provisions of this act,whether the description of the area is sufficient and whether therequired number of qualified electors signed the petition which findingsshall be incorporated in an appropriate order.

      Subject to the provisions of K.S.A. 19-270, if the board of countycommissioners finds that the petition is incompliance with this act, the boundaries of the territory are sufficientlydescribed and the required number of qualified electors have signedthe petition, the board of county commissioners shall fix a time for ahearing upon the petition. The board shall direct the county clerk to givenotice of the hearing once each week for twoconsecutive weeks ina newspaper of generalcirculation within the proposed district, the last publication to be atleast five days before the day fixed for the hearing. The noticeshall describe the boundaries of the area as shown by the petition,shall state that the petition requests the creation of a waterdistrict as authorized by this act, shall state that a hearing will beheld by the board of county commissioners on the petition, shall specifythe day and hour of the hearing, and shall state that all persons may appearbeforethe board of county commissioners at such hearing and be heard.

      If after the hearing, the board of county commissioners determinesthat the interests of the area will be advanced by the creation of thewater district and that a water district therein will be of publicutility, the board shall establish the proposedwater district by adopting an appropriate resolution. Wherever there iswithin a proposed water district a private orpublic water utility corporation which is operating under a certificateof convenience and necessity issued by the state corporation commission,the established area ofthe water district shallnot be less than the area actually served at the time of theestablishment of such district. No waterdistrict shall include lands which are served, supplied or serviced by awater distribution system or systems owned by a foreign corporationwhose water supply is located or exclusively obtained from a cityoutside the state of Kansas nor shall any such district include landsowned by any such foreign corporations, contiguous to the area served byany such corporations and for which feed mains and other facilities forfurnishing water have already been provided, without the consent of anysuch foreign corporations.

      The board of county commissioners shall file a copy of the resolutioncreating the water district with the county clerk of every county inwhich a portion of the district is located. Whenever any water districthas heretofore been created and established by any board of countycommissioners under the provisions of K.S.A. 19-3501 to 19-3521, inclusive,and amendments thereto, in which members of the water districtboard have been elected and in which the issuance of revenue bonds for apurpose authorized by law has been approved by a majority of thequalified electors of the district voting on the proposition at anelection called and held therein, the board of county commissioners,prior to the issuance of such revenue bonds by the water district, shallfix a time for a hearing upon the public utility of the water districtso established and shall direct the county clerk to givenotice thereof once each week for two consecutive weeks in a newspaper of generalcirculation within the district, the last publication to be at leastfive days before the day fixed for the hearing. Such notice need notdescribe the boundaries of the district as previously created andestablished but shall state the name or general location thereof,shall state that a hearing will be held by the board of countycommissioners on whether or not the district is of public utility, shallspecify the day and hour of the hearing and shall statethat all persons may appearbefore the board of county commissioners at such hearing and be heard.

      If after such hearing the board of county commissioners determinesthat the interests of the area within the district will be advanced byits creation and establishment and that the district will be of publicutility, it shall so find and shall ratify and confirm the creation andestablishment of the district by adopting an appropriate resolution.Upon such action by the board of county commissioners, the waterdistrict shall be a quasi-municipal body corporate with all of thepowers and subject to all of the provisions of K.S.A. 19-3501 to 19-3521,inclusive, and amendmentsthereto, notwithstanding any irregularities or defects previouslyexisting in the creation of the district.

      If the board of county commissioners finds that the waterdistrict is not of public utility, the county clerk shall give writtennotice of such finding to the water district board. A finding that thewater district is not of public utility shall be reconsidered by theboard of county commissioners upon the written request of the waterdistrict board but only after a public hearing of which notice shall begiven as provided in this section and no such hearing shall be held withinsix months after the date of a finding of no public utility. Nowater district shall issue its revenue bonds prior to a finding by theboard of county commissioners that the district is of public utility asprovided in this section. If after a findingby the board ofcounty commissioners that the water district is not of public utilitythe water district board by affirmative vote determines that thedistrict shall be disorganized, the district shall be disorganizedin the manner provided in K.S.A. 19-3508, and amendments thereto.

      History:   L. 1951, ch. 240, § 3; L. 1953, ch. 159, § 2; L.1957, ch. 192, § 1; L. 1981, ch. 173, § 60;L. 1986, ch. 70, § 10; May 15.