24-137.Consolidation of districts; procedure; petition; election.(a) The governing body of any drainage district all or anyportion of which is located within the boundaries of another drainage districtand the governing body of the encompassing drainage district or the governingbodies of two or more adjacent drainage districts may adopt and submit tothe board or boards of county commissioners in which the districts are locateda resolution requesting the consolidation of the districts.Upon receipt of the resolution and subject to the provisions ofK.S.A. 19-270, the board or boards of county commissionersshall meet jointly with the governing bodies of the drainage districts todetermine the feasibility of the consolidation of the districts, the termsof consolidation, the handling of outstanding bonded indebtedness, the nameof the consolidated drainage district and the effective date of the proposedconsolidation. Following the joint meeting, the board or boards of countycommissioners may adopt a resolution, or joint resolution, if the districts'boundaries cross county lines, approving the consolidation of the drainagedistricts. The resolution shall state the terms of the consolidation, thename of the consolidated district, the effective date of the consolidationand all other matters related to the consolidation. A certified copy ofthe resolution shall be sent to the governing body of each drainage districtand the resolution shall be published at least once a week for two consecutiveweeks in theofficial county newspaper of the county or counties in which the districtsare located. Unless within 10 days after the last publication of the resolutiona petition signed by not less than 30% of the qualifiedvoters of any one of the drainage districts is filed with the county electionofficer of the county in which the district is located protesting the consolidation,the districts shall be consolidated as provided in the resolution. If aprotest petition is filed, the county election officer shall call and holdan election in the manner provided by the general bond lawto submit the question of consolidation for approval by the qualified votersof the districts. If the districts' boundaries cross county lines, the countyelection officer of each county shall cooperate in the calling of the election.If a majority of votes cast at the election favor consolidation, the drainagedistricts shall be consolidated as provided in the resolution. Within 20days of the effective date of the consolidation, the secretary of the consolidateddistrict shall send a certified copy of the resolution consolidating suchdistricts to the secretary of state.
The terms of consolidation of any drainage districts shall require thepayment of all outstanding bonded indebtedness and other indebtedness ofeach of the districts. No order of consolidation shall in any way reduceor impair the security of any creditor of either of the districts.
All bonds issued or other indebtedness outstanding prior to the effectivedate of the consolidation shall remain the liability of and lien againstproperties to which the liability attached prior to the consolidation of the districts.
If the proposed consolidation is not approved at such election, the questionto consolidate such drainage district may not be submitted again until theexpiration of at least one year from such election.
(b) Any drainage district organized pursuant to K.S.A. 24-601 to 24-640,inclusive, and amendments thereto, which has constructed a system of drainageworks and improvements and has continued the operation, maintenance or improvementthereof beyond the expiration of the number of years for which such drainagedistrict was to continue to exist as a public corporation, as stated inthe articles of association for such drainage district, shall continuein existence and shall have the power to consolidate with another drainagedistrict as provided by subsection (a). The levy and collection of any taxor special assessment or the expenditure of any money for the operation,maintenance or improvement of any such drainage district's system of drainageworks and improvements during the calendar year immediately preceding thecalendar year in which any such drainage district adopts any resolutionpursuant to subsection (a) shall constitute conclusive evidence sufficientto qualify any such drainage district to utilize the provisions of subsection (a).
History: L. 1983, ch. 118, § 24;L. 1986, ch. 70, § 24; May 15.
24-137.Consolidation of districts; procedure; petition; election.(a) The governing body of any drainage district all or anyportion of which is located within the boundaries of another drainage districtand the governing body of the encompassing drainage district or the governingbodies of two or more adjacent drainage districts may adopt and submit tothe board or boards of county commissioners in which the districts are locateda resolution requesting the consolidation of the districts.Upon receipt of the resolution and subject to the provisions ofK.S.A. 19-270, the board or boards of county commissionersshall meet jointly with the governing bodies of the drainage districts todetermine the feasibility of the consolidation of the districts, the termsof consolidation, the handling of outstanding bonded indebtedness, the nameof the consolidated drainage district and the effective date of the proposedconsolidation. Following the joint meeting, the board or boards of countycommissioners may adopt a resolution, or joint resolution, if the districts'boundaries cross county lines, approving the consolidation of the drainagedistricts. The resolution shall state the terms of the consolidation, thename of the consolidated district, the effective date of the consolidationand all other matters related to the consolidation. A certified copy ofthe resolution shall be sent to the governing body of each drainage districtand the resolution shall be published at least once a week for two consecutiveweeks in theofficial county newspaper of the county or counties in which the districtsare located. Unless within 10 days after the last publication of the resolutiona petition signed by not less than 30% of the qualifiedvoters of any one of the drainage districts is filed with the county electionofficer of the county in which the district is located protesting the consolidation,the districts shall be consolidated as provided in the resolution. If aprotest petition is filed, the county election officer shall call and holdan election in the manner provided by the general bond lawto submit the question of consolidation for approval by the qualified votersof the districts. If the districts' boundaries cross county lines, the countyelection officer of each county shall cooperate in the calling of the election.If a majority of votes cast at the election favor consolidation, the drainagedistricts shall be consolidated as provided in the resolution. Within 20days of the effective date of the consolidation, the secretary of the consolidateddistrict shall send a certified copy of the resolution consolidating suchdistricts to the secretary of state.
The terms of consolidation of any drainage districts shall require thepayment of all outstanding bonded indebtedness and other indebtedness ofeach of the districts. No order of consolidation shall in any way reduceor impair the security of any creditor of either of the districts.
All bonds issued or other indebtedness outstanding prior to the effectivedate of the consolidation shall remain the liability of and lien againstproperties to which the liability attached prior to the consolidation of the districts.
If the proposed consolidation is not approved at such election, the questionto consolidate such drainage district may not be submitted again until theexpiration of at least one year from such election.
(b) Any drainage district organized pursuant to K.S.A. 24-601 to 24-640,inclusive, and amendments thereto, which has constructed a system of drainageworks and improvements and has continued the operation, maintenance or improvementthereof beyond the expiration of the number of years for which such drainagedistrict was to continue to exist as a public corporation, as stated inthe articles of association for such drainage district, shall continuein existence and shall have the power to consolidate with another drainagedistrict as provided by subsection (a). The levy and collection of any taxor special assessment or the expenditure of any money for the operation,maintenance or improvement of any such drainage district's system of drainageworks and improvements during the calendar year immediately preceding thecalendar year in which any such drainage district adopts any resolutionpursuant to subsection (a) shall constitute conclusive evidence sufficientto qualify any such drainage district to utilize the provisions of subsection (a).
History: L. 1983, ch. 118, § 24;L. 1986, ch. 70, § 24; May 15.
24-137.Consolidation of districts; procedure; petition; election.(a) The governing body of any drainage district all or anyportion of which is located within the boundaries of another drainage districtand the governing body of the encompassing drainage district or the governingbodies of two or more adjacent drainage districts may adopt and submit tothe board or boards of county commissioners in which the districts are locateda resolution requesting the consolidation of the districts.Upon receipt of the resolution and subject to the provisions ofK.S.A. 19-270, the board or boards of county commissionersshall meet jointly with the governing bodies of the drainage districts todetermine the feasibility of the consolidation of the districts, the termsof consolidation, the handling of outstanding bonded indebtedness, the nameof the consolidated drainage district and the effective date of the proposedconsolidation. Following the joint meeting, the board or boards of countycommissioners may adopt a resolution, or joint resolution, if the districts'boundaries cross county lines, approving the consolidation of the drainagedistricts. The resolution shall state the terms of the consolidation, thename of the consolidated district, the effective date of the consolidationand all other matters related to the consolidation. A certified copy ofthe resolution shall be sent to the governing body of each drainage districtand the resolution shall be published at least once a week for two consecutiveweeks in theofficial county newspaper of the county or counties in which the districtsare located. Unless within 10 days after the last publication of the resolutiona petition signed by not less than 30% of the qualifiedvoters of any one of the drainage districts is filed with the county electionofficer of the county in which the district is located protesting the consolidation,the districts shall be consolidated as provided in the resolution. If aprotest petition is filed, the county election officer shall call and holdan election in the manner provided by the general bond lawto submit the question of consolidation for approval by the qualified votersof the districts. If the districts' boundaries cross county lines, the countyelection officer of each county shall cooperate in the calling of the election.If a majority of votes cast at the election favor consolidation, the drainagedistricts shall be consolidated as provided in the resolution. Within 20days of the effective date of the consolidation, the secretary of the consolidateddistrict shall send a certified copy of the resolution consolidating suchdistricts to the secretary of state.
The terms of consolidation of any drainage districts shall require thepayment of all outstanding bonded indebtedness and other indebtedness ofeach of the districts. No order of consolidation shall in any way reduceor impair the security of any creditor of either of the districts.
All bonds issued or other indebtedness outstanding prior to the effectivedate of the consolidation shall remain the liability of and lien againstproperties to which the liability attached prior to the consolidation of the districts.
If the proposed consolidation is not approved at such election, the questionto consolidate such drainage district may not be submitted again until theexpiration of at least one year from such election.
(b) Any drainage district organized pursuant to K.S.A. 24-601 to 24-640,inclusive, and amendments thereto, which has constructed a system of drainageworks and improvements and has continued the operation, maintenance or improvementthereof beyond the expiration of the number of years for which such drainagedistrict was to continue to exist as a public corporation, as stated inthe articles of association for such drainage district, shall continuein existence and shall have the power to consolidate with another drainagedistrict as provided by subsection (a). The levy and collection of any taxor special assessment or the expenditure of any money for the operation,maintenance or improvement of any such drainage district's system of drainageworks and improvements during the calendar year immediately preceding thecalendar year in which any such drainage district adopts any resolutionpursuant to subsection (a) shall constitute conclusive evidence sufficientto qualify any such drainage district to utilize the provisions of subsection (a).
History: L. 1983, ch. 118, § 24;L. 1986, ch. 70, § 24; May 15.
