24-142.Same; procedure; petition, hearing; dutiesof board of county commissioners; appeal of board's decision.(a) Whenever the governing body of a drainage district deems itadvisable that territory located within an adjacent drainage district betransferred,the governing body may submit a petition to the board of county commissionersrequesting such transfer. The petition shall:
(1) Describe the territory to be transferred by metes and bounds, or, ifplatted, by appropriate descriptions as lots or blocks or parts of lots orblocks.
(2) State the name of the drainage district from which the territory is to bedetached and the name of the drainage districtto which the territory is to be attached.
(3) State that the proposed transfer willresult in more efficient or more adequate protection of the territoryfrom overflow or damage and injury resultingtherefrom, or will be conducive to the public health, convenience andwelfare.
(4) Any other information in support of such transfer.
(b) Upon submission of a petition authorized by subsection (a) to the boardof county commissioners, the board shall call and hold a hearing on suchpetition. Notice of the hearing shall include the time, date and location ofthe public hearing to be held on the petition. Such notice shall be publishedat least once each week for two consecutive weeks in a newspaper of generalcirculation in each drainage district. The last publication shall be at least10 days, but not more than 20 days, prior to the date of the public hearing.The cost of such publication shall be paid by the district which submitted thepetition.
(c) At such hearing, the board shall hear testimony as to the advisability ofgranting the petition. In determining whether to grant the petition, theboard'sconsiderations shall include, but not be limited to:
(1) Testimony presented at the public hearing.
(2) The present cost methods and adequacy of providing drainage districtoperations, services and works or improvements in the area.
(3) The proposed cost, extent and the necessity of any proposed or existingdrainage district operations, services and works or improvements to be providedby the district which submitted the petition.
(4) The impact on the tax base of each drainage district and the territorysought to be transferred if the transfer is approved or disapproved.
(5) The extent to which any services or benefits are provided to theterritory by the district which submitted the petition.
(6) The impact on the provision of drainage district operations, services andworks or improvements in the territory and in theremainder of the district if the transfer is approved.
(7) Whether the proposed transfer will result in more efficientor more adequate protection of the territory fromoverflow or damage and injury resulting therefrom or will be conducive to thepublic health, convenience and welfare.
(8) Whether the district which submitted the petition is obligated to operateor maintain dikes, levees or other flood control works previouslyconstructed by the United States army corps of engineers or other agencies ofthe United States government in the territory.
(d) The board may continue the hearing beyond the time and date specified inthe notice without further notice. After the conclusion of the hearing or anycontinuation thereof, the board shall render its decision. If the board, byunanimous vote thereof, determines that the transfer of theterritory as described in the petition, or a lesser portion thereof, should beapproved, the board shall so find and approve the transfer.Any order of the board approving or disapproving a transfer shall be spread atlength upon the journal of the proceedings of the board. The failure to spreadan order granting the transfer upon the journalshall not invalidate such order.
(e) If the territory is located in more than one county, the petition shallbe submitted to the board of county commissioners of each county. The board ofcounty commissioners of each county shall be required to approve the transferof any territory located in such county. The hearing required by this sectionmay be held jointly by the board of county commissioners of each affectedcounty.
(f) Any owner of territory which is transferred pursuant to thissection or a drainage district aggrieved by the decision of the board of countycommissioners may appeal the decision of the board to the district court of thesame county in the manner and method set forth in K.S.A. 19-223, and amendmentsthereto. Any drainage district appealing the decision of the board shall not berequired to execute the bond prescribed in K.S.A. 19-223, and amendmentsthereto. Nothing in this subsection shall be construed as granting the owner ofland in areas near or adjacent to the territory which is transferredpursuant to this section the right to appeal the decision of the board ofcounty commissioners.
24-142.Same; procedure; petition, hearing; dutiesof board of county commissioners; appeal of board's decision.(a) Whenever the governing body of a drainage district deems itadvisable that territory located within an adjacent drainage district betransferred,the governing body may submit a petition to the board of county commissionersrequesting such transfer. The petition shall:
(1) Describe the territory to be transferred by metes and bounds, or, ifplatted, by appropriate descriptions as lots or blocks or parts of lots orblocks.
(2) State the name of the drainage district from which the territory is to bedetached and the name of the drainage districtto which the territory is to be attached.
(3) State that the proposed transfer willresult in more efficient or more adequate protection of the territoryfrom overflow or damage and injury resultingtherefrom, or will be conducive to the public health, convenience andwelfare.
(4) Any other information in support of such transfer.
(b) Upon submission of a petition authorized by subsection (a) to the boardof county commissioners, the board shall call and hold a hearing on suchpetition. Notice of the hearing shall include the time, date and location ofthe public hearing to be held on the petition. Such notice shall be publishedat least once each week for two consecutive weeks in a newspaper of generalcirculation in each drainage district. The last publication shall be at least10 days, but not more than 20 days, prior to the date of the public hearing.The cost of such publication shall be paid by the district which submitted thepetition.
(c) At such hearing, the board shall hear testimony as to the advisability ofgranting the petition. In determining whether to grant the petition, theboard'sconsiderations shall include, but not be limited to:
(1) Testimony presented at the public hearing.
(2) The present cost methods and adequacy of providing drainage districtoperations, services and works or improvements in the area.
(3) The proposed cost, extent and the necessity of any proposed or existingdrainage district operations, services and works or improvements to be providedby the district which submitted the petition.
(4) The impact on the tax base of each drainage district and the territorysought to be transferred if the transfer is approved or disapproved.
(5) The extent to which any services or benefits are provided to theterritory by the district which submitted the petition.
(6) The impact on the provision of drainage district operations, services andworks or improvements in the territory and in theremainder of the district if the transfer is approved.
(7) Whether the proposed transfer will result in more efficientor more adequate protection of the territory fromoverflow or damage and injury resulting therefrom or will be conducive to thepublic health, convenience and welfare.
(8) Whether the district which submitted the petition is obligated to operateor maintain dikes, levees or other flood control works previouslyconstructed by the United States army corps of engineers or other agencies ofthe United States government in the territory.
(d) The board may continue the hearing beyond the time and date specified inthe notice without further notice. After the conclusion of the hearing or anycontinuation thereof, the board shall render its decision. If the board, byunanimous vote thereof, determines that the transfer of theterritory as described in the petition, or a lesser portion thereof, should beapproved, the board shall so find and approve the transfer.Any order of the board approving or disapproving a transfer shall be spread atlength upon the journal of the proceedings of the board. The failure to spreadan order granting the transfer upon the journalshall not invalidate such order.
(e) If the territory is located in more than one county, the petition shallbe submitted to the board of county commissioners of each county. The board ofcounty commissioners of each county shall be required to approve the transferof any territory located in such county. The hearing required by this sectionmay be held jointly by the board of county commissioners of each affectedcounty.
(f) Any owner of territory which is transferred pursuant to thissection or a drainage district aggrieved by the decision of the board of countycommissioners may appeal the decision of the board to the district court of thesame county in the manner and method set forth in K.S.A. 19-223, and amendmentsthereto. Any drainage district appealing the decision of the board shall not berequired to execute the bond prescribed in K.S.A. 19-223, and amendmentsthereto. Nothing in this subsection shall be construed as granting the owner ofland in areas near or adjacent to the territory which is transferredpursuant to this section the right to appeal the decision of the board ofcounty commissioners.
24-142.Same; procedure; petition, hearing; dutiesof board of county commissioners; appeal of board's decision.(a) Whenever the governing body of a drainage district deems itadvisable that territory located within an adjacent drainage district betransferred,the governing body may submit a petition to the board of county commissionersrequesting such transfer. The petition shall:
(1) Describe the territory to be transferred by metes and bounds, or, ifplatted, by appropriate descriptions as lots or blocks or parts of lots orblocks.
(2) State the name of the drainage district from which the territory is to bedetached and the name of the drainage districtto which the territory is to be attached.
(3) State that the proposed transfer willresult in more efficient or more adequate protection of the territoryfrom overflow or damage and injury resultingtherefrom, or will be conducive to the public health, convenience andwelfare.
(4) Any other information in support of such transfer.
(b) Upon submission of a petition authorized by subsection (a) to the boardof county commissioners, the board shall call and hold a hearing on suchpetition. Notice of the hearing shall include the time, date and location ofthe public hearing to be held on the petition. Such notice shall be publishedat least once each week for two consecutive weeks in a newspaper of generalcirculation in each drainage district. The last publication shall be at least10 days, but not more than 20 days, prior to the date of the public hearing.The cost of such publication shall be paid by the district which submitted thepetition.
(c) At such hearing, the board shall hear testimony as to the advisability ofgranting the petition. In determining whether to grant the petition, theboard'sconsiderations shall include, but not be limited to:
(1) Testimony presented at the public hearing.
(2) The present cost methods and adequacy of providing drainage districtoperations, services and works or improvements in the area.
(3) The proposed cost, extent and the necessity of any proposed or existingdrainage district operations, services and works or improvements to be providedby the district which submitted the petition.
(4) The impact on the tax base of each drainage district and the territorysought to be transferred if the transfer is approved or disapproved.
(5) The extent to which any services or benefits are provided to theterritory by the district which submitted the petition.
(6) The impact on the provision of drainage district operations, services andworks or improvements in the territory and in theremainder of the district if the transfer is approved.
(7) Whether the proposed transfer will result in more efficientor more adequate protection of the territory fromoverflow or damage and injury resulting therefrom or will be conducive to thepublic health, convenience and welfare.
(8) Whether the district which submitted the petition is obligated to operateor maintain dikes, levees or other flood control works previouslyconstructed by the United States army corps of engineers or other agencies ofthe United States government in the territory.
(d) The board may continue the hearing beyond the time and date specified inthe notice without further notice. After the conclusion of the hearing or anycontinuation thereof, the board shall render its decision. If the board, byunanimous vote thereof, determines that the transfer of theterritory as described in the petition, or a lesser portion thereof, should beapproved, the board shall so find and approve the transfer.Any order of the board approving or disapproving a transfer shall be spread atlength upon the journal of the proceedings of the board. The failure to spreadan order granting the transfer upon the journalshall not invalidate such order.
(e) If the territory is located in more than one county, the petition shallbe submitted to the board of county commissioners of each county. The board ofcounty commissioners of each county shall be required to approve the transferof any territory located in such county. The hearing required by this sectionmay be held jointly by the board of county commissioners of each affectedcounty.
(f) Any owner of territory which is transferred pursuant to thissection or a drainage district aggrieved by the decision of the board of countycommissioners may appeal the decision of the board to the district court of thesame county in the manner and method set forth in K.S.A. 19-223, and amendmentsthereto. Any drainage district appealing the decision of the board shall not berequired to execute the bond prescribed in K.S.A. 19-223, and amendmentsthereto. Nothing in this subsection shall be construed as granting the owner ofland in areas near or adjacent to the territory which is transferredpursuant to this section the right to appeal the decision of the board ofcounty commissioners.
