State Codes and Statutes

Statutes > Kansas > Chapter24 > Article1 > Statutes_12961

24-139

Chapter 24.--DRAINAGE AND LEVEES
Article 1.--GENERAL PROVISIONS

      24-139.   Dissolution of districts; procedure; protest petition; election;jurisdiction of city and county; district's assets and bonded indebtedness.(a) Whenever a petition requesting the dissolution of a drainage district,signed by a number equal to at least 5% of the qualified voters of thedistrict, is presented to the board of county commissioners, the board shallcall and hold a public hearing on the proposal to dissolve the district.Notice of the hearing shall be published once each week for two consecutiveweeks in the official county newspaper. After the public hearing, if theboard determines and finds it is in the best interests of the affected landownersin the district, the board shall adopt a resolution dissolving the district.The resolution shall be published once in the official county newspaper.

      The dissolution shall be effective upon the date of publication of theresolution unless within 60 days of publication a petition protesting thedissolution, signed by a number equal to at least 5% of the qualified votersof the district, is filed with the county election officer. If a petitionis filed, the district shall not be dissolved until the proposal is submittedto and approved by a majority of qualified voters of the district votingthereon at the next drainage district election.

      (b)   After a district is dissolved pursuant to this section, the boardof county commissioners shall issue a certificate of dissolution to thegoverning body of the dissolved drainage district and to the governing bodyof any city in which the dissolved drainage district may have extended.

      (c)   If any portion of the dissolved drainage district is located withina city, the governing body of the city shall assume jurisdiction over thatportion of the dissolved district located within the city. The governingbody of the city shall maintain and operate the necessary works of the portionof the dissolved district located within the city.

      The board of county commissioners of the county in which the dissolveddrainage district is located shall assume jurisdiction over that portionof the district located within the unincorporated areas of the county. Theboard of county commissioners shall maintain and operate the necessary worksof that portion of the district located within the unincorporated areas of the county.

      If the dissolved drainage district has any outstanding bonded indebtedness,the property within the dissolved drainage district shall remain liablefor the payment of such bonds and interest thereon until the same have been retired.

      (d)   Upon dissolution, the chairperson of the governing body of the drainagedistrict shall certify the amount of moneys of the dissolved drainage districtthat is attributable to that portion of the dissolved district located withinthe city. After certification, the chairperson shall transfer that amountto the city treasurer. The balance shall be transferred to the county treasurer.

      History:   L. 1983, ch. 117, § 1; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter24 > Article1 > Statutes_12961

24-139

Chapter 24.--DRAINAGE AND LEVEES
Article 1.--GENERAL PROVISIONS

      24-139.   Dissolution of districts; procedure; protest petition; election;jurisdiction of city and county; district's assets and bonded indebtedness.(a) Whenever a petition requesting the dissolution of a drainage district,signed by a number equal to at least 5% of the qualified voters of thedistrict, is presented to the board of county commissioners, the board shallcall and hold a public hearing on the proposal to dissolve the district.Notice of the hearing shall be published once each week for two consecutiveweeks in the official county newspaper. After the public hearing, if theboard determines and finds it is in the best interests of the affected landownersin the district, the board shall adopt a resolution dissolving the district.The resolution shall be published once in the official county newspaper.

      The dissolution shall be effective upon the date of publication of theresolution unless within 60 days of publication a petition protesting thedissolution, signed by a number equal to at least 5% of the qualified votersof the district, is filed with the county election officer. If a petitionis filed, the district shall not be dissolved until the proposal is submittedto and approved by a majority of qualified voters of the district votingthereon at the next drainage district election.

      (b)   After a district is dissolved pursuant to this section, the boardof county commissioners shall issue a certificate of dissolution to thegoverning body of the dissolved drainage district and to the governing bodyof any city in which the dissolved drainage district may have extended.

      (c)   If any portion of the dissolved drainage district is located withina city, the governing body of the city shall assume jurisdiction over thatportion of the dissolved district located within the city. The governingbody of the city shall maintain and operate the necessary works of the portionof the dissolved district located within the city.

      The board of county commissioners of the county in which the dissolveddrainage district is located shall assume jurisdiction over that portionof the district located within the unincorporated areas of the county. Theboard of county commissioners shall maintain and operate the necessary worksof that portion of the district located within the unincorporated areas of the county.

      If the dissolved drainage district has any outstanding bonded indebtedness,the property within the dissolved drainage district shall remain liablefor the payment of such bonds and interest thereon until the same have been retired.

      (d)   Upon dissolution, the chairperson of the governing body of the drainagedistrict shall certify the amount of moneys of the dissolved drainage districtthat is attributable to that portion of the dissolved district located withinthe city. After certification, the chairperson shall transfer that amountto the city treasurer. The balance shall be transferred to the county treasurer.

      History:   L. 1983, ch. 117, § 1; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter24 > Article1 > Statutes_12961

24-139

Chapter 24.--DRAINAGE AND LEVEES
Article 1.--GENERAL PROVISIONS

      24-139.   Dissolution of districts; procedure; protest petition; election;jurisdiction of city and county; district's assets and bonded indebtedness.(a) Whenever a petition requesting the dissolution of a drainage district,signed by a number equal to at least 5% of the qualified voters of thedistrict, is presented to the board of county commissioners, the board shallcall and hold a public hearing on the proposal to dissolve the district.Notice of the hearing shall be published once each week for two consecutiveweeks in the official county newspaper. After the public hearing, if theboard determines and finds it is in the best interests of the affected landownersin the district, the board shall adopt a resolution dissolving the district.The resolution shall be published once in the official county newspaper.

      The dissolution shall be effective upon the date of publication of theresolution unless within 60 days of publication a petition protesting thedissolution, signed by a number equal to at least 5% of the qualified votersof the district, is filed with the county election officer. If a petitionis filed, the district shall not be dissolved until the proposal is submittedto and approved by a majority of qualified voters of the district votingthereon at the next drainage district election.

      (b)   After a district is dissolved pursuant to this section, the boardof county commissioners shall issue a certificate of dissolution to thegoverning body of the dissolved drainage district and to the governing bodyof any city in which the dissolved drainage district may have extended.

      (c)   If any portion of the dissolved drainage district is located withina city, the governing body of the city shall assume jurisdiction over thatportion of the dissolved district located within the city. The governingbody of the city shall maintain and operate the necessary works of the portionof the dissolved district located within the city.

      The board of county commissioners of the county in which the dissolveddrainage district is located shall assume jurisdiction over that portionof the district located within the unincorporated areas of the county. Theboard of county commissioners shall maintain and operate the necessary worksof that portion of the district located within the unincorporated areas of the county.

      If the dissolved drainage district has any outstanding bonded indebtedness,the property within the dissolved drainage district shall remain liablefor the payment of such bonds and interest thereon until the same have been retired.

      (d)   Upon dissolution, the chairperson of the governing body of the drainagedistrict shall certify the amount of moneys of the dissolved drainage districtthat is attributable to that portion of the dissolved district located withinthe city. After certification, the chairperson shall transfer that amountto the city treasurer. The balance shall be transferred to the county treasurer.

      History:   L. 1983, ch. 117, § 1; July 1.