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 district
under the provisions of this act, ten percent (10%) of the occupiers of
land lying within the boundaries of such district may file a petition with
the state soil conservation committee praying that the operations of the
district be terminated and the existence of the district discontinued. The
committee may conduct such public meetings and public hearings upon such
petition as may be necessary to assist it in the consideration thereof.
Within sixty (60) days after such a petition has been received by the
committee it shall give due notice of the holding of a referendum, and
shall supervise such referendum, and issue appropriate regulations
governing the conduct thereof, the question to be submitted by ballots upon
which the words "For terminating the existence of the __________ (name of
the soil conservation district to be here inserted)" and "against
terminating the existence of the __________ (name of the soil conservation
district to be here inserted)" shall be printed, with a square before each
proposition and a direction to insert an * mark in the square before
one or the other of said propositions as the voter may favor or oppose
discontinuance of such district. All occupiers of lands lying within the
boundaries of the district shall be eligible to vote in such referendum.
Only such land occupiers shall be eligible to vote. No informalities in the
conduct of such referendum or in any matters relating thereto shall
invalidate said referendum or the result thereof if notice thereof shall
have been given substantially as herein provided and said referendum shall
have been fairly conducted. The committee shall publish the result of such
referendum and shall thereafter consider and determine whether the
continued operation of the district within the defined boundaries is
administratively practicable and feasible. If the committee shall determine
that the continued operation of such district is administratively
practicable and feasible, it shall record such determination and deny the
petition. If the committee shall determine that the continued operation of
such district is not administratively practicable and feasible, it shall
record such determination and shall certify such determination to the
supervisors of the district. In making such determination the committee
shall give due regard and weight to the attitudes of the occupiers of lands
lying within the district, the number of land occupiers eligible to vote in
such referendum who shall have voted, the proportion of the votes in such
referendum in favor of the discontinuance of the district to the total
number of votes cast, the approximate wealth and income of the land
occupiers of the district, the probable expense of carrying on erosion
control operations within such district, and such other economic and social
factors as may be relevant to such determination, having due regard to the
legislative findings set forth in K.S.A. 2-1902: Provided, however,
That the committee shall not have authority to determine that the continued
operation of the district is administratively practicable and feasible
unless a majority of the votes cast in the referendum shall have been cast
in favor of the continuance of such district.
Upon receipt from the state soil conservation committee of certification
that the committee has determined that the continued operation of the
district is not administratively practicable and feasible, pursuant to the
provisions of this section, the supervisors shall forthwith proceed to
terminate the affairs of the district. The supervisors shall dispose of all
property belonging to the district at public auction and shall pay over the
proceeds of such sale to be covered into the state treasury. The
supervisors shall thereupon file an application, duly verified, with the
secretary of state for the discontinuance of such district, and shall
transmit with such application the certificate of the state soil
conservation committee setting forth the determination of the committee
that the continued operation of such district is not administratively
practicable and feasible. The application shall recite that the property of
the district has been disposed of and the proceeds paid over as in this
section provided, and shall set forth a full accounting of such properties
and proceeds of the sale. The secretary of state shall issue to the
supervisors a certificate of dissolution and shall record such certificate
in an appropriate book of record in his or her office.
Upon issuance of a certificate of dissolution under the provisions of
this section, all ordinances and regulations theretofore adopted and in
force within such districts shall be of no further force and effect. All
contracts theretofore entered into, to which the district or supervisors
are parties, shall remain in force and effect for the period provided in
such contracts. The state soil conservation committee shall be substituted
for the district or supervisors as party to such contracts. The committee
shall be entitled to all benefits and subject to all liabilities under such
contracts and shall have the same right and liability to perform, to
require performance, to sue and be sued thereon, and to modify or terminate
such contracts by mutual consent or otherwise, as the supervisors of the
district would have had. Such dissolution shall not affect the lien of any
judgment entered under the provisions of K.S.A. 2-1911, nor the
pendency of any action instituted under the provisions of such section, and
the committee shall succeed to all the rights and obligations of the
district or supervisors as to such liens and actions. The state soil
conservation committee shall not entertain petitions for the discontinuance
of any district nor conduct referenda upon such petitions nor make
determinations pursuant to such petitions in accordance with the provisions
of this act, more often than once in five (5) years.
History: L. 1937, ch. 5, § 16; L. 1959, ch. 5, § 3; June 30.
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 district
under the provisions of this act, ten percent (10%) of the occupiers of
land lying within the boundaries of such district may file a petition with
the state soil conservation committee praying that the operations of the
district be terminated and the existence of the district discontinued. The
committee may conduct such public meetings and public hearings upon such
petition as may be necessary to assist it in the consideration thereof.
Within sixty (60) days after such a petition has been received by the
committee it shall give due notice of the holding of a referendum, and
shall supervise such referendum, and issue appropriate regulations
governing the conduct thereof, the question to be submitted by ballots upon
which the words "For terminating the existence of the __________ (name of
the soil conservation district to be here inserted)" and "against
terminating the existence of the __________ (name of the soil conservation
district to be here inserted)" shall be printed, with a square before each
proposition and a direction to insert an * mark in the square before
one or the other of said propositions as the voter may favor or oppose
discontinuance of such district. All occupiers of lands lying within the
boundaries of the district shall be eligible to vote in such referendum.
Only such land occupiers shall be eligible to vote. No informalities in the
conduct of such referendum or in any matters relating thereto shall
invalidate said referendum or the result thereof if notice thereof shall
have been given substantially as herein provided and said referendum shall
have been fairly conducted. The committee shall publish the result of such
referendum and shall thereafter consider and determine whether the
continued operation of the district within the defined boundaries is
administratively practicable and feasible. If the committee shall determine
that the continued operation of such district is administratively
practicable and feasible, it shall record such determination and deny the
petition. If the committee shall determine that the continued operation of
such district is not administratively practicable and feasible, it shall
record such determination and shall certify such determination to the
supervisors of the district. In making such determination the committee
shall give due regard and weight to the attitudes of the occupiers of lands
lying within the district, the number of land occupiers eligible to vote in
such referendum who shall have voted, the proportion of the votes in such
referendum in favor of the discontinuance of the district to the total
number of votes cast, the approximate wealth and income of the land
occupiers of the district, the probable expense of carrying on erosion
control operations within such district, and such other economic and social
factors as may be relevant to such determination, having due regard to the
legislative findings set forth in K.S.A. 2-1902: Provided, however,
That the committee shall not have authority to determine that the continued
operation of the district is administratively practicable and feasible
unless a majority of the votes cast in the referendum shall have been cast
in favor of the continuance of such district.
Upon receipt from the state soil conservation committee of certification
that the committee has determined that the continued operation of the
district is not administratively practicable and feasible, pursuant to the
provisions of this section, the supervisors shall forthwith proceed to
terminate the affairs of the district. The supervisors shall dispose of all
property belonging to the district at public auction and shall pay over the
proceeds of such sale to be covered into the state treasury. The
supervisors shall thereupon file an application, duly verified, with the
secretary of state for the discontinuance of such district, and shall
transmit with such application the certificate of the state soil
conservation committee setting forth the determination of the committee
that the continued operation of such district is not administratively
practicable and feasible. The application shall recite that the property of
the district has been disposed of and the proceeds paid over as in this
section provided, and shall set forth a full accounting of such properties
and proceeds of the sale. The secretary of state shall issue to the
supervisors a certificate of dissolution and shall record such certificate
in an appropriate book of record in his or her office.
Upon issuance of a certificate of dissolution under the provisions of
this section, all ordinances and regulations theretofore adopted and in
force within such districts shall be of no further force and effect. All
contracts theretofore entered into, to which the district or supervisors
are parties, shall remain in force and effect for the period provided in
such contracts. The state soil conservation committee shall be substituted
for the district or supervisors as party to such contracts. The committee
shall be entitled to all benefits and subject to all liabilities under such
contracts and shall have the same right and liability to perform, to
require performance, to sue and be sued thereon, and to modify or terminate
such contracts by mutual consent or otherwise, as the supervisors of the
district would have had. Such dissolution shall not affect the lien of any
judgment entered under the provisions of K.S.A. 2-1911, nor the
pendency of any action instituted under the provisions of such section, and
the committee shall succeed to all the rights and obligations of the
district or supervisors as to such liens and actions. The state soil
conservation committee shall not entertain petitions for the discontinuance
of any district nor conduct referenda upon such petitions nor make
determinations pursuant to such petitions in accordance with the provisions
of this act, more often than once in five (5) years.
History: L. 1937, ch. 5, § 16; L. 1959, ch. 5, § 3; June 30.
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 district
under the provisions of this act, ten percent (10%) of the occupiers of
land lying within the boundaries of such district may file a petition with
the state soil conservation committee praying that the operations of the
district be terminated and the existence of the district discontinued. The
committee may conduct such public meetings and public hearings upon such
petition as may be necessary to assist it in the consideration thereof.
Within sixty (60) days after such a petition has been received by the
committee it shall give due notice of the holding of a referendum, and
shall supervise such referendum, and issue appropriate regulations
governing the conduct thereof, the question to be submitted by ballots upon
which the words "For terminating the existence of the __________ (name of
the soil conservation district to be here inserted)" and "against
terminating the existence of the __________ (name of the soil conservation
district to be here inserted)" shall be printed, with a square before each
proposition and a direction to insert an * mark in the square before
one or the other of said propositions as the voter may favor or oppose
discontinuance of such district. All occupiers of lands lying within the
boundaries of the district shall be eligible to vote in such referendum.
Only such land occupiers shall be eligible to vote. No informalities in the
conduct of such referendum or in any matters relating thereto shall
invalidate said referendum or the result thereof if notice thereof shall
have been given substantially as herein provided and said referendum shall
have been fairly conducted. The committee shall publish the result of such
referendum and shall thereafter consider and determine whether the
continued operation of the district within the defined boundaries is
administratively practicable and feasible. If the committee shall determine
that the continued operation of such district is administratively
practicable and feasible, it shall record such determination and deny the
petition. If the committee shall determine that the continued operation of
such district is not administratively practicable and feasible, it shall
record such determination and shall certify such determination to the
supervisors of the district. In making such determination the committee
shall give due regard and weight to the attitudes of the occupiers of lands
lying within the district, the number of land occupiers eligible to vote in
such referendum who shall have voted, the proportion of the votes in such
referendum in favor of the discontinuance of the district to the total
number of votes cast, the approximate wealth and income of the land
occupiers of the district, the probable expense of carrying on erosion
control operations within such district, and such other economic and social
factors as may be relevant to such determination, having due regard to the
legislative findings set forth in K.S.A. 2-1902: Provided, however,
That the committee shall not have authority to determine that the continued
operation of the district is administratively practicable and feasible
unless a majority of the votes cast in the referendum shall have been cast
in favor of the continuance of such district.
Upon receipt from the state soil conservation committee of certification
that the committee has determined that the continued operation of the
district is not administratively practicable and feasible, pursuant to the
provisions of this section, the supervisors shall forthwith proceed to
terminate the affairs of the district. The supervisors shall dispose of all
property belonging to the district at public auction and shall pay over the
proceeds of such sale to be covered into the state treasury. The
supervisors shall thereupon file an application, duly verified, with the
secretary of state for the discontinuance of such district, and shall
transmit with such application the certificate of the state soil
conservation committee setting forth the determination of the committee
that the continued operation of such district is not administratively
practicable and feasible. The application shall recite that the property of
the district has been disposed of and the proceeds paid over as in this
section provided, and shall set forth a full accounting of such properties
and proceeds of the sale. The secretary of state shall issue to the
supervisors a certificate of dissolution and shall record such certificate
in an appropriate book of record in his or her office.
Upon issuance of a certificate of dissolution under the provisions of
this section, all ordinances and regulations theretofore adopted and in
force within such districts shall be of no further force and effect. All
contracts theretofore entered into, to which the district or supervisors
are parties, shall remain in force and effect for the period provided in
such contracts. The state soil conservation committee shall be substituted
for the district or supervisors as party to such contracts. The committee
shall be entitled to all benefits and subject to all liabilities under such
contracts and shall have the same right and liability to perform, to
require performance, to sue and be sued thereon, and to modify or terminate
such contracts by mutual consent or otherwise, as the supervisors of the
district would have had. Such dissolution shall not affect the lien of any
judgment entered under the provisions of K.S.A. 2-1911, nor the
pendency of any action instituted under the provisions of such section, and
the committee shall succeed to all the rights and obligations of the
district or supervisors as to such liens and actions. The state soil
conservation committee shall not entertain petitions for the discontinuance
of any district nor conduct referenda upon such petitions nor make
determinations pursuant to such petitions in accordance with the provisions
of this act, more often than once in five (5) years.
History: L. 1937, ch. 5, § 16; L. 1959, ch. 5, § 3; June 30.