2-1916.   Petition for discontinuance of district; hearings; election;publication of result; certificate of dissolution.At any time after five (5) years after the organization of a districtunder the provisions of this act, ten percent (10%) of the occupiers ofland lying within the boundaries of such district may file a petition withthe state soil conservation committee praying that the operations of thedistrict be terminated and the existence of the district discontinued. Thecommittee may conduct such public meetings and public hearings upon suchpetition as may be necessary to assist it in the consideration thereof.Within sixty (60) days after such a petition has been received by thecommittee it shall give due notice of the holding of a referendum, andshall supervise such referendum, and issue appropriate regulationsgoverning the conduct thereof, the question to be submitted by ballots uponwhich the words "For terminating the existence of the __________ (name ofthe soil conservation district to be here inserted)" and "againstterminating the existence of the __________ (name of the soil conservationdistrict to be here inserted)" shall be printed, with a square before eachproposition and a direction to insert an * mark in the square beforeone or the other of said propositions as the voter may favor or opposediscontinuance of such district. All occupiers of lands lying within theboundaries of the district shall be eligible to vote in such referendum.Only such land occupiers shall be eligible to vote. No informalities in theconduct of such referendum or in any matters relating thereto shallinvalidate said referendum or the result thereof if notice thereof shallhave been given substantially as herein provided and said referendum shallhave been fairly conducted. The committee shall publish the result of suchreferendum and shall thereafter consider and determine whether thecontinued operation of the district within the defined boundaries isadministratively practicable and feasible. If the committee shall determinethat the continued operation of such district is administrativelypracticable and feasible, it shall record such determination and deny thepetition. If the committee shall determine that the continued operation ofsuch district is not administratively practicable and feasible, it shallrecord such determination and shall certify such determination to thesupervisors of the district. In making such determination the committeeshall give due regard and weight to the attitudes of the occupiers of landslying within the district, the number of land occupiers eligible to vote insuch referendum who shall have voted, the proportion of the votes in suchreferendum in favor of the discontinuance of the district to the totalnumber of votes cast, the approximate wealth and income of the landoccupiers of the district, the probable expense of carrying on erosioncontrol operations within such district, and such other economic and socialfactors as may be relevant to such determination, having due regard to thelegislative findings set forth in K.S.A. 2-1902: Provided, however,That the committee shall not have authority to determine that the continuedoperation of the district is administratively practicable and feasibleunless a majority of the votes cast in the referendum shall have been castin favor of the continuance of such district.

      Upon receipt from the state soil conservation committee of certificationthat the committee has determined that the continued operation of thedistrict is not administratively practicable and feasible, pursuant to theprovisions of this section, the supervisors shall forthwith proceed toterminate the affairs of the district. The supervisors shall dispose of allproperty belonging to the district at public auction and shall pay over theproceeds of such sale to be covered into the state treasury. Thesupervisors shall thereupon file an application, duly verified, with thesecretary of state for the discontinuance of such district, and shalltransmit with such application the certificate of the state soilconservation committee setting forth the determination of the committeethat the continued operation of such district is not administrativelypracticable and feasible. The application shall recite that the property ofthe district has been disposed of and the proceeds paid over as in thissection provided, and shall set forth a full accounting of such propertiesand proceeds of the sale. The secretary of state shall issue to thesupervisors a certificate of dissolution and shall record such certificatein an appropriate book of record in his or her office.

      Upon issuance of a certificate of dissolution under the provisions ofthis section, all ordinances and regulations theretofore adopted and inforce within such districts shall be of no further force and effect. Allcontracts theretofore entered into, to which the district or supervisorsare parties, shall remain in force and effect for the period provided insuch contracts. The state soil conservation committee shall be substitutedfor the district or supervisors as party to such contracts. The committeeshall be entitled to all benefits and subject to all liabilities under suchcontracts and shall have the same right and liability to perform, torequire performance, to sue and be sued thereon, and to modify or terminatesuch contracts by mutual consent or otherwise, as the supervisors of thedistrict would have had. Such dissolution shall not affect the lien of anyjudgment entered under the provisions of K.S.A. 2-1911, nor thependency of any action instituted under the provisions of such section, andthe committee shall succeed to all the rights and obligations of thedistrict or supervisors as to such liens and actions. The state soilconservation committee shall not entertain petitions for the discontinuanceof any district nor conduct referenda upon such petitions nor makedeterminations pursuant to such petitions in accordance with the provisionsof this act, more often than once in five (5) years.

      History:   L. 1937, ch. 5, § 16; L. 1959, ch. 5, § 3; June 30.