Article 35.--WATER SUPPLY AND DISTRIBUTION DISTRICTS
19-3503.Petition for creation; determination by county
commissioners; notice and hearing; creation; ratification of districts
previously
established; disorganization.
Whenever 1,000 qualified electors within the territory of a proposed water
district petition the board of county
commissioners of any county for the creation of a water
district, the board of county commissioners shall ascertain and determine
whether the petition is in compliance with the provisions of this act,
whether the description of the area is sufficient and whether the
required number of qualified electors signed the petition which findings
shall be incorporated in an appropriate order.
Subject to the provisions of K.S.A. 19-270, if the board of county
commissioners finds that the petition is in
compliance with this act, the boundaries of the territory are sufficiently
described and the required number of qualified electors have signed
the petition, the board of county commissioners shall fix a time for a
hearing upon the petition. The board shall direct the county clerk to give
notice of the hearing once each week for two
consecutive weeks in
a newspaper of general
circulation within the proposed district, the last publication to be at
least five days before the day fixed for the hearing. The notice
shall describe the boundaries of the area as shown by the petition,
shall state that the petition requests the creation of a water
district as authorized by this act, shall state that a hearing will be
held by the board of county commissioners on the petition, shall specify
the day and hour of the hearing, and shall state that all persons may appear
before
the board of county commissioners at such hearing and be heard.
If after the hearing, the board of county commissioners determines
that the interests of the area will be advanced by the creation of the
water district and that a water district therein will be of public
utility, the board shall establish the proposed
water district by adopting an appropriate resolution. Wherever there is
within a proposed water district a private or
public water utility corporation which is operating under a certificate
of convenience and necessity issued by the state corporation commission,
the established area of
the water district shall
not be less than the area actually served at the time of the
establishment of such district. No water
district shall include lands which are served, supplied or serviced by a
water distribution system or systems owned by a foreign corporation
whose water supply is located or exclusively obtained from a city
outside the state of Kansas nor shall any such district include lands
owned by any such foreign corporations, contiguous to the area served by
any such corporations and for which feed mains and other facilities for
furnishing water have already been provided, without the consent of any
such foreign corporations.
The board of county commissioners shall file a copy of the resolution
creating the water district with the county clerk of every county in
which a portion of the district is located. Whenever any water district
has heretofore been created and established by any board of county
commissioners under the provisions of K.S.A. 19-3501 to 19-3521, inclusive,
and amendments thereto, in which members of the water district
board have been elected and in which the issuance of revenue bonds for a
purpose authorized by law has been approved by a majority of the
qualified electors of the district voting on the proposition at an
election called and held therein, the board of county commissioners,
prior to the issuance of such revenue bonds by the water district, shall
fix a time for a hearing upon the public utility of the water district
so established and shall direct the county clerk to give
notice thereof once each week for two consecutive weeks in a newspaper of general
circulation within the district, the last publication to be at least
five days before the day fixed for the hearing. Such notice need not
describe the boundaries of the district as previously created and
established but shall state the name or general location thereof,
shall state that a hearing will be held by the board of county
commissioners on whether or not the district is of public utility, shall
specify the day and hour of the hearing and shall state
that all persons may appear
before the board of county commissioners at such hearing and be heard.
If after such hearing the board of county commissioners determines
that the interests of the area within the district will be advanced by
its creation and establishment and that the district will be of public
utility, it shall so find and shall ratify and confirm the creation and
establishment of the district by adopting an appropriate resolution.
Upon such action by the board of county commissioners, the water
district shall be a quasi-municipal body corporate with all of the
powers and subject to all of the provisions of K.S.A. 19-3501 to 19-3521,
inclusive, and amendments
thereto, notwithstanding any irregularities or defects previously
existing in the creation of the district.
If the board of county commissioners finds that the water
district is not of public utility, the county clerk shall give written
notice of such finding to the water district board. A finding that the
water district is not of public utility shall be reconsidered by the
board of county commissioners upon the written request of the water
district board but only after a public hearing of which notice shall be
given as provided in this section and no such hearing shall be held within
six months after the date of a finding of no public utility. No
water district shall issue its revenue bonds prior to a finding by the
board of county commissioners that the district is of public utility as
provided in this section. If after a finding
by the board of
county commissioners that the water district is not of public utility
the water district board by affirmative vote determines that the
district shall be disorganized, the district shall be disorganized
in 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.
Article 35.--WATER SUPPLY AND DISTRIBUTION DISTRICTS
19-3503.Petition for creation; determination by county
commissioners; notice and hearing; creation; ratification of districts
previously
established; disorganization.
Whenever 1,000 qualified electors within the territory of a proposed water
district petition the board of county
commissioners of any county for the creation of a water
district, the board of county commissioners shall ascertain and determine
whether the petition is in compliance with the provisions of this act,
whether the description of the area is sufficient and whether the
required number of qualified electors signed the petition which findings
shall be incorporated in an appropriate order.
Subject to the provisions of K.S.A. 19-270, if the board of county
commissioners finds that the petition is in
compliance with this act, the boundaries of the territory are sufficiently
described and the required number of qualified electors have signed
the petition, the board of county commissioners shall fix a time for a
hearing upon the petition. The board shall direct the county clerk to give
notice of the hearing once each week for two
consecutive weeks in
a newspaper of general
circulation within the proposed district, the last publication to be at
least five days before the day fixed for the hearing. The notice
shall describe the boundaries of the area as shown by the petition,
shall state that the petition requests the creation of a water
district as authorized by this act, shall state that a hearing will be
held by the board of county commissioners on the petition, shall specify
the day and hour of the hearing, and shall state that all persons may appear
before
the board of county commissioners at such hearing and be heard.
If after the hearing, the board of county commissioners determines
that the interests of the area will be advanced by the creation of the
water district and that a water district therein will be of public
utility, the board shall establish the proposed
water district by adopting an appropriate resolution. Wherever there is
within a proposed water district a private or
public water utility corporation which is operating under a certificate
of convenience and necessity issued by the state corporation commission,
the established area of
the water district shall
not be less than the area actually served at the time of the
establishment of such district. No water
district shall include lands which are served, supplied or serviced by a
water distribution system or systems owned by a foreign corporation
whose water supply is located or exclusively obtained from a city
outside the state of Kansas nor shall any such district include lands
owned by any such foreign corporations, contiguous to the area served by
any such corporations and for which feed mains and other facilities for
furnishing water have already been provided, without the consent of any
such foreign corporations.
The board of county commissioners shall file a copy of the resolution
creating the water district with the county clerk of every county in
which a portion of the district is located. Whenever any water district
has heretofore been created and established by any board of county
commissioners under the provisions of K.S.A. 19-3501 to 19-3521, inclusive,
and amendments thereto, in which members of the water district
board have been elected and in which the issuance of revenue bonds for a
purpose authorized by law has been approved by a majority of the
qualified electors of the district voting on the proposition at an
election called and held therein, the board of county commissioners,
prior to the issuance of such revenue bonds by the water district, shall
fix a time for a hearing upon the public utility of the water district
so established and shall direct the county clerk to give
notice thereof once each week for two consecutive weeks in a newspaper of general
circulation within the district, the last publication to be at least
five days before the day fixed for the hearing. Such notice need not
describe the boundaries of the district as previously created and
established but shall state the name or general location thereof,
shall state that a hearing will be held by the board of county
commissioners on whether or not the district is of public utility, shall
specify the day and hour of the hearing and shall state
that all persons may appear
before the board of county commissioners at such hearing and be heard.
If after such hearing the board of county commissioners determines
that the interests of the area within the district will be advanced by
its creation and establishment and that the district will be of public
utility, it shall so find and shall ratify and confirm the creation and
establishment of the district by adopting an appropriate resolution.
Upon such action by the board of county commissioners, the water
district shall be a quasi-municipal body corporate with all of the
powers and subject to all of the provisions of K.S.A. 19-3501 to 19-3521,
inclusive, and amendments
thereto, notwithstanding any irregularities or defects previously
existing in the creation of the district.
If the board of county commissioners finds that the water
district is not of public utility, the county clerk shall give written
notice of such finding to the water district board. A finding that the
water district is not of public utility shall be reconsidered by the
board of county commissioners upon the written request of the water
district board but only after a public hearing of which notice shall be
given as provided in this section and no such hearing shall be held within
six months after the date of a finding of no public utility. No
water district shall issue its revenue bonds prior to a finding by the
board of county commissioners that the district is of public utility as
provided in this section. If after a finding
by the board of
county commissioners that the water district is not of public utility
the water district board by affirmative vote determines that the
district shall be disorganized, the district shall be disorganized
in 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.
Article 35.--WATER SUPPLY AND DISTRIBUTION DISTRICTS
19-3503.Petition for creation; determination by county
commissioners; notice and hearing; creation; ratification of districts
previously
established; disorganization.
Whenever 1,000 qualified electors within the territory of a proposed water
district petition the board of county
commissioners of any county for the creation of a water
district, the board of county commissioners shall ascertain and determine
whether the petition is in compliance with the provisions of this act,
whether the description of the area is sufficient and whether the
required number of qualified electors signed the petition which findings
shall be incorporated in an appropriate order.
Subject to the provisions of K.S.A. 19-270, if the board of county
commissioners finds that the petition is in
compliance with this act, the boundaries of the territory are sufficiently
described and the required number of qualified electors have signed
the petition, the board of county commissioners shall fix a time for a
hearing upon the petition. The board shall direct the county clerk to give
notice of the hearing once each week for two
consecutive weeks in
a newspaper of general
circulation within the proposed district, the last publication to be at
least five days before the day fixed for the hearing. The notice
shall describe the boundaries of the area as shown by the petition,
shall state that the petition requests the creation of a water
district as authorized by this act, shall state that a hearing will be
held by the board of county commissioners on the petition, shall specify
the day and hour of the hearing, and shall state that all persons may appear
before
the board of county commissioners at such hearing and be heard.
If after the hearing, the board of county commissioners determines
that the interests of the area will be advanced by the creation of the
water district and that a water district therein will be of public
utility, the board shall establish the proposed
water district by adopting an appropriate resolution. Wherever there is
within a proposed water district a private or
public water utility corporation which is operating under a certificate
of convenience and necessity issued by the state corporation commission,
the established area of
the water district shall
not be less than the area actually served at the time of the
establishment of such district. No water
district shall include lands which are served, supplied or serviced by a
water distribution system or systems owned by a foreign corporation
whose water supply is located or exclusively obtained from a city
outside the state of Kansas nor shall any such district include lands
owned by any such foreign corporations, contiguous to the area served by
any such corporations and for which feed mains and other facilities for
furnishing water have already been provided, without the consent of any
such foreign corporations.
The board of county commissioners shall file a copy of the resolution
creating the water district with the county clerk of every county in
which a portion of the district is located. Whenever any water district
has heretofore been created and established by any board of county
commissioners under the provisions of K.S.A. 19-3501 to 19-3521, inclusive,
and amendments thereto, in which members of the water district
board have been elected and in which the issuance of revenue bonds for a
purpose authorized by law has been approved by a majority of the
qualified electors of the district voting on the proposition at an
election called and held therein, the board of county commissioners,
prior to the issuance of such revenue bonds by the water district, shall
fix a time for a hearing upon the public utility of the water district
so established and shall direct the county clerk to give
notice thereof once each week for two consecutive weeks in a newspaper of general
circulation within the district, the last publication to be at least
five days before the day fixed for the hearing. Such notice need not
describe the boundaries of the district as previously created and
established but shall state the name or general location thereof,
shall state that a hearing will be held by the board of county
commissioners on whether or not the district is of public utility, shall
specify the day and hour of the hearing and shall state
that all persons may appear
before the board of county commissioners at such hearing and be heard.
If after such hearing the board of county commissioners determines
that the interests of the area within the district will be advanced by
its creation and establishment and that the district will be of public
utility, it shall so find and shall ratify and confirm the creation and
establishment of the district by adopting an appropriate resolution.
Upon such action by the board of county commissioners, the water
district shall be a quasi-municipal body corporate with all of the
powers and subject to all of the provisions of K.S.A. 19-3501 to 19-3521,
inclusive, and amendments
thereto, notwithstanding any irregularities or defects previously
existing in the creation of the district.
If the board of county commissioners finds that the water
district is not of public utility, the county clerk shall give written
notice of such finding to the water district board. A finding that the
water district is not of public utility shall be reconsidered by the
board of county commissioners upon the written request of the water
district board but only after a public hearing of which notice shall be
given as provided in this section and no such hearing shall be held within
six months after the date of a finding of no public utility. No
water district shall issue its revenue bonds prior to a finding by the
board of county commissioners that the district is of public utility as
provided in this section. If after a finding
by the board of
county commissioners that the water district is not of public utility
the water district board by affirmative vote determines that the
district shall be disorganized, the district shall be disorganized
in 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.