24-132.Certain drainage districts traversed or touched by Kansasriver authorized to provide for flood control works and improvements;regulation of excavations; bonds, limitations; election, when; tax levies.(a) Except as provided by this section andsubject to the provisions of K.S.A. 19-270, and amendments thereto, all ofthe rights,powers, authority and jurisdiction conferred on counties and boards ofcounty commissioners by the provisions of K.S.A. 19-3301, 19-3302, 19-3303,19-3304, 19-3305, 19-3306, 19-3308 and 19-3309, and amendmentsthereto, also are conferred upon and vested in any drainagedistrict traversed or touched by the Kansas river, and contiguous to orincluding a part of a city of the first class, and the governing bodythereof.
(b) The governing body of any such drainage district, in the name of thedrainage district, shall have the power to enter into undertakings andcontracts and make agreements in like manner and for like purposes asthe board of county commissioners are authorized by this act to enterinto undertakings and contracts and make agreements in the name of thecounty; and may acquire lands, rights of way and easements either withinor without the limits of the drainage district for like purposes as theboard of county commissioners are authorized by K.S.A. 19-3302 and19-3308, and amendments thereto,by purchase, gift or by eminent domain proceedings inthe manner prescribed by K.S.A. 26-501 to 26-516, inclusive, andamendments thereto, and may issuegeneral obligation bonds of the drainagedistrict to pay the costs thereof and expenses connected therewith inthe manner provided by law. The aggregate of any suchbonds soissued shall not be in excess of 3 1/2% ofthe total assessed tangible valuation of the drainage district. Thegoverning body of any drainage district may issueadditional general obligation bonds of the drainage district for suchpurposes not in excess of 1 1/2% of thetotal assessed tangible valuation of the drainage district, but beforesuch additional bonds may be issued, the governing body of the drainagedistrict shall submit the question of the issuance of such additionalbonds and the amount thereof to the qualified electors of the drainagedistrict at a regular drainage district election or at a specialelection called for that purpose as provided by law. The total aggregateof all such bonds which may be issued under theprovisions of this section shall not be in excess of 5%of the total assessed tangible valuation of the drainage district. Suchbonds shall not be subject to, nor included in any restrictions orlimitations upon the amount of bonded indebtedness of the drainagedistrict contained in any other law.
Funds received from the sale of bonds by any such drainage districtmay be used to pay any loss, damage or expense for which the drainagedistrict or the governing body thereof may be liable in like manner ascounties are authorized to pay such loss, damage or expense under theprovisions of K.S.A. 19-3304, and amendments thereto.
(c) For thepurposes of maintaining and operating such flood control works as shallbe constructed by the United States army corps of engineers or otheragencies of the United States government, when the same shall have beencompleted and turned over to the drainage district, and for the purposeof maintaining and operating any flood control works or dikes heretoforeor hereafter constructed for the purpose of protecting such drainagedistrict from floods, the governing body of such drainage district shallbe empowered to make an annual tax levy upon all the taxable tangibleproperty within the drainage district, of not to exceed one milland such levy shall be in addition to all other levies authorized orlimited by law.
(d) Except as provided by this subsection, the governing body of thedrainage district may regulate excavations within the boundaries in the samemanner provided by K.S.A. 19-3309, and amendments thereto. Applications forpermits shall be submitted to and reviewed by the district engineer. If theengineer determines that the proposed excavation shall be detrimental or willimpair or endanger the function of any flood protection works, permission forsuch excavation shall be denied. If the engineer determines that a restrictedor conditional permit for excavation can be granted to the applicant which willnot be detrimental or will not impair or endanger the function of such floodprotection works, the engineer shall issue such restricted or conditionalpermit. If the engineer determines that no impairment of or danger to suchflood protection works will occur as a result of such excavation, the engineershall issue a permit to the applicant. The issuance of any permits hereundershall not authorize the violation of any existing zoning laws or buildingcodes.
Any person feeling aggrieved by the determination of the engineer may appealsuch decision in writing to the governing body of the drainage district within10 days of determination and thegoverning body after a public hearing may affirm, reverse or modify thedetermination.
(e) It shall be the duty of the governing body of thedrainage district to keep all such flood control works and dikes inserviceable condition and to make such repairs as may be necessary.
History: L. 1957, ch. 188, § 1; L. 1963, ch. 234, § 54;L. 1986, ch. 70, § 23;L. 1995, ch. 210, § 3; May 4.
24-132.Certain drainage districts traversed or touched by Kansasriver authorized to provide for flood control works and improvements;regulation of excavations; bonds, limitations; election, when; tax levies.(a) Except as provided by this section andsubject to the provisions of K.S.A. 19-270, and amendments thereto, all ofthe rights,powers, authority and jurisdiction conferred on counties and boards ofcounty commissioners by the provisions of K.S.A. 19-3301, 19-3302, 19-3303,19-3304, 19-3305, 19-3306, 19-3308 and 19-3309, and amendmentsthereto, also are conferred upon and vested in any drainagedistrict traversed or touched by the Kansas river, and contiguous to orincluding a part of a city of the first class, and the governing bodythereof.
(b) The governing body of any such drainage district, in the name of thedrainage district, shall have the power to enter into undertakings andcontracts and make agreements in like manner and for like purposes asthe board of county commissioners are authorized by this act to enterinto undertakings and contracts and make agreements in the name of thecounty; and may acquire lands, rights of way and easements either withinor without the limits of the drainage district for like purposes as theboard of county commissioners are authorized by K.S.A. 19-3302 and19-3308, and amendments thereto,by purchase, gift or by eminent domain proceedings inthe manner prescribed by K.S.A. 26-501 to 26-516, inclusive, andamendments thereto, and may issuegeneral obligation bonds of the drainagedistrict to pay the costs thereof and expenses connected therewith inthe manner provided by law. The aggregate of any suchbonds soissued shall not be in excess of 3 1/2% ofthe total assessed tangible valuation of the drainage district. Thegoverning body of any drainage district may issueadditional general obligation bonds of the drainage district for suchpurposes not in excess of 1 1/2% of thetotal assessed tangible valuation of the drainage district, but beforesuch additional bonds may be issued, the governing body of the drainagedistrict shall submit the question of the issuance of such additionalbonds and the amount thereof to the qualified electors of the drainagedistrict at a regular drainage district election or at a specialelection called for that purpose as provided by law. The total aggregateof all such bonds which may be issued under theprovisions of this section shall not be in excess of 5%of the total assessed tangible valuation of the drainage district. Suchbonds shall not be subject to, nor included in any restrictions orlimitations upon the amount of bonded indebtedness of the drainagedistrict contained in any other law.
Funds received from the sale of bonds by any such drainage districtmay be used to pay any loss, damage or expense for which the drainagedistrict or the governing body thereof may be liable in like manner ascounties are authorized to pay such loss, damage or expense under theprovisions of K.S.A. 19-3304, and amendments thereto.
(c) For thepurposes of maintaining and operating such flood control works as shallbe constructed by the United States army corps of engineers or otheragencies of the United States government, when the same shall have beencompleted and turned over to the drainage district, and for the purposeof maintaining and operating any flood control works or dikes heretoforeor hereafter constructed for the purpose of protecting such drainagedistrict from floods, the governing body of such drainage district shallbe empowered to make an annual tax levy upon all the taxable tangibleproperty within the drainage district, of not to exceed one milland such levy shall be in addition to all other levies authorized orlimited by law.
(d) Except as provided by this subsection, the governing body of thedrainage district may regulate excavations within the boundaries in the samemanner provided by K.S.A. 19-3309, and amendments thereto. Applications forpermits shall be submitted to and reviewed by the district engineer. If theengineer determines that the proposed excavation shall be detrimental or willimpair or endanger the function of any flood protection works, permission forsuch excavation shall be denied. If the engineer determines that a restrictedor conditional permit for excavation can be granted to the applicant which willnot be detrimental or will not impair or endanger the function of such floodprotection works, the engineer shall issue such restricted or conditionalpermit. If the engineer determines that no impairment of or danger to suchflood protection works will occur as a result of such excavation, the engineershall issue a permit to the applicant. The issuance of any permits hereundershall not authorize the violation of any existing zoning laws or buildingcodes.
Any person feeling aggrieved by the determination of the engineer may appealsuch decision in writing to the governing body of the drainage district within10 days of determination and thegoverning body after a public hearing may affirm, reverse or modify thedetermination.
(e) It shall be the duty of the governing body of thedrainage district to keep all such flood control works and dikes inserviceable condition and to make such repairs as may be necessary.
History: L. 1957, ch. 188, § 1; L. 1963, ch. 234, § 54;L. 1986, ch. 70, § 23;L. 1995, ch. 210, § 3; May 4.
24-132.Certain drainage districts traversed or touched by Kansasriver authorized to provide for flood control works and improvements;regulation of excavations; bonds, limitations; election, when; tax levies.(a) Except as provided by this section andsubject to the provisions of K.S.A. 19-270, and amendments thereto, all ofthe rights,powers, authority and jurisdiction conferred on counties and boards ofcounty commissioners by the provisions of K.S.A. 19-3301, 19-3302, 19-3303,19-3304, 19-3305, 19-3306, 19-3308 and 19-3309, and amendmentsthereto, also are conferred upon and vested in any drainagedistrict traversed or touched by the Kansas river, and contiguous to orincluding a part of a city of the first class, and the governing bodythereof.
(b) The governing body of any such drainage district, in the name of thedrainage district, shall have the power to enter into undertakings andcontracts and make agreements in like manner and for like purposes asthe board of county commissioners are authorized by this act to enterinto undertakings and contracts and make agreements in the name of thecounty; and may acquire lands, rights of way and easements either withinor without the limits of the drainage district for like purposes as theboard of county commissioners are authorized by K.S.A. 19-3302 and19-3308, and amendments thereto,by purchase, gift or by eminent domain proceedings inthe manner prescribed by K.S.A. 26-501 to 26-516, inclusive, andamendments thereto, and may issuegeneral obligation bonds of the drainagedistrict to pay the costs thereof and expenses connected therewith inthe manner provided by law. The aggregate of any suchbonds soissued shall not be in excess of 3 1/2% ofthe total assessed tangible valuation of the drainage district. Thegoverning body of any drainage district may issueadditional general obligation bonds of the drainage district for suchpurposes not in excess of 1 1/2% of thetotal assessed tangible valuation of the drainage district, but beforesuch additional bonds may be issued, the governing body of the drainagedistrict shall submit the question of the issuance of such additionalbonds and the amount thereof to the qualified electors of the drainagedistrict at a regular drainage district election or at a specialelection called for that purpose as provided by law. The total aggregateof all such bonds which may be issued under theprovisions of this section shall not be in excess of 5%of the total assessed tangible valuation of the drainage district. Suchbonds shall not be subject to, nor included in any restrictions orlimitations upon the amount of bonded indebtedness of the drainagedistrict contained in any other law.
Funds received from the sale of bonds by any such drainage districtmay be used to pay any loss, damage or expense for which the drainagedistrict or the governing body thereof may be liable in like manner ascounties are authorized to pay such loss, damage or expense under theprovisions of K.S.A. 19-3304, and amendments thereto.
(c) For thepurposes of maintaining and operating such flood control works as shallbe constructed by the United States army corps of engineers or otheragencies of the United States government, when the same shall have beencompleted and turned over to the drainage district, and for the purposeof maintaining and operating any flood control works or dikes heretoforeor hereafter constructed for the purpose of protecting such drainagedistrict from floods, the governing body of such drainage district shallbe empowered to make an annual tax levy upon all the taxable tangibleproperty within the drainage district, of not to exceed one milland such levy shall be in addition to all other levies authorized orlimited by law.
(d) Except as provided by this subsection, the governing body of thedrainage district may regulate excavations within the boundaries in the samemanner provided by K.S.A. 19-3309, and amendments thereto. Applications forpermits shall be submitted to and reviewed by the district engineer. If theengineer determines that the proposed excavation shall be detrimental or willimpair or endanger the function of any flood protection works, permission forsuch excavation shall be denied. If the engineer determines that a restrictedor conditional permit for excavation can be granted to the applicant which willnot be detrimental or will not impair or endanger the function of such floodprotection works, the engineer shall issue such restricted or conditionalpermit. If the engineer determines that no impairment of or danger to suchflood protection works will occur as a result of such excavation, the engineershall issue a permit to the applicant. The issuance of any permits hereundershall not authorize the violation of any existing zoning laws or buildingcodes.
Any person feeling aggrieved by the determination of the engineer may appealsuch decision in writing to the governing body of the drainage district within10 days of determination and thegoverning body after a public hearing may affirm, reverse or modify thedetermination.
(e) It shall be the duty of the governing body of thedrainage district to keep all such flood control works and dikes inserviceable condition and to make such repairs as may be necessary.
History: L. 1957, ch. 188, § 1; L. 1963, ch. 234, § 54;L. 1986, ch. 70, § 23;L. 1995, ch. 210, § 3; May 4.
