Article 11.--CONSOLIDATION OF CERTAIN DRAINAGE OR LEVEE DISTRICTS
24-1102.Same; petition; notice and hearing; consolidationresolution; record of proceedings.Landowners owning a majority of the land within the former Missouridistrict, determined in accordance with the laws of Missouri to be thebenefited area, may file a petition with the secretary of the governingbody of the Kansas district involved requesting that the consolidationreferred to in K.S.A. 24-1101 be made. Thereupon, thegoverning body of the Kansas district shall fix a time and place of ameeting of said body to determine whether or not the requestedconsolidation shall be made. The call of such meeting shall be made bysaid governing body within thirty (30) days after the filing of suchpetition. The secretary of the Kansas district shall give notice of thetime, place, and purpose of such meeting by publication in a newspaperprinted and published in the county in Kansas where the Kansas districtwas formed, and having a general circulation therein. Such notice shallbe published for three consecutive weeks, and the first publicationshall be made not less than thirty (30) days prior to the date of themeeting. Within seven (7) days after the date of the first publicationthe secretary shall mail, or cause to be mailed, a copy of the notice toeach landowner owning land in the Kansas district or in the formerMissouri district shown by the records of such districts or proceedingshad in connection with said districts to be benefited by theimprovements made or to be made under the plans of the districts.Thereafter, and prior to the date of the meeting, the secretary shallsecure and file among the records of the Kansas district, proof of thepublication of the notice and shall make and file among such records anaffidavit showing his doings regarding the mailing of notice.
Should the secretary fail to perform his duties herein imposed, anyperson signing the petition for such consolidation may perform suchduties with the same effect as though done by the secretary. At themeeting so called it shall be the duty of the governing body of theKansas district to determine the advisability of the consolidation. Anyowner of land in the benefited portions of the lands of either districtmay file objections to the consolidation, which objections shall be inwriting and filed with the secretary of the Kansas district prior to thetime of the meeting. Any such owner who shall have filed writtenobjections to the consolidation shall be given ample opportunity topresent evidence and arguments. The meeting may be adjourned by thegoverning body from day to day as it shall determine. The governing bodyshall have power to subpoena, swear, and examine witnesses and do allthings necessary and incidental to a proper hearing and adjudication ofthe matter. After due consideration of the evidence and any plans andspecifications adopted by either district, if the governing body findsthat:
(1) The lands sought to be consolidated with the Kansas district lieadjacent to the Kansas district; and
(2) the lands of both districts are served by common floodprotection installations or reclamation works or the plans of bothdistricts provide for common flood protection or reclamation; and
(3) the consolidation is to the best interest of the landowners inboth districts, the governing body shall order by resolution that suchconsolidation be effected. Such determination shall be final andconclusive, and no suit shall be filed in any court attacking orquestioning the validity of the action of the governing body unless thesame be filed within sixty (60) days after the date upon which saidresolution is adopted. All proceedings had in connection with suchmeeting or any adjournment of it, together with the findings and orderof the governing body shall be spread of record upon the officialrecords of the Kansas district.
Article 11.--CONSOLIDATION OF CERTAIN DRAINAGE OR LEVEE DISTRICTS
24-1102.Same; petition; notice and hearing; consolidationresolution; record of proceedings.Landowners owning a majority of the land within the former Missouridistrict, determined in accordance with the laws of Missouri to be thebenefited area, may file a petition with the secretary of the governingbody of the Kansas district involved requesting that the consolidationreferred to in K.S.A. 24-1101 be made. Thereupon, thegoverning body of the Kansas district shall fix a time and place of ameeting of said body to determine whether or not the requestedconsolidation shall be made. The call of such meeting shall be made bysaid governing body within thirty (30) days after the filing of suchpetition. The secretary of the Kansas district shall give notice of thetime, place, and purpose of such meeting by publication in a newspaperprinted and published in the county in Kansas where the Kansas districtwas formed, and having a general circulation therein. Such notice shallbe published for three consecutive weeks, and the first publicationshall be made not less than thirty (30) days prior to the date of themeeting. Within seven (7) days after the date of the first publicationthe secretary shall mail, or cause to be mailed, a copy of the notice toeach landowner owning land in the Kansas district or in the formerMissouri district shown by the records of such districts or proceedingshad in connection with said districts to be benefited by theimprovements made or to be made under the plans of the districts.Thereafter, and prior to the date of the meeting, the secretary shallsecure and file among the records of the Kansas district, proof of thepublication of the notice and shall make and file among such records anaffidavit showing his doings regarding the mailing of notice.
Should the secretary fail to perform his duties herein imposed, anyperson signing the petition for such consolidation may perform suchduties with the same effect as though done by the secretary. At themeeting so called it shall be the duty of the governing body of theKansas district to determine the advisability of the consolidation. Anyowner of land in the benefited portions of the lands of either districtmay file objections to the consolidation, which objections shall be inwriting and filed with the secretary of the Kansas district prior to thetime of the meeting. Any such owner who shall have filed writtenobjections to the consolidation shall be given ample opportunity topresent evidence and arguments. The meeting may be adjourned by thegoverning body from day to day as it shall determine. The governing bodyshall have power to subpoena, swear, and examine witnesses and do allthings necessary and incidental to a proper hearing and adjudication ofthe matter. After due consideration of the evidence and any plans andspecifications adopted by either district, if the governing body findsthat:
(1) The lands sought to be consolidated with the Kansas district lieadjacent to the Kansas district; and
(2) the lands of both districts are served by common floodprotection installations or reclamation works or the plans of bothdistricts provide for common flood protection or reclamation; and
(3) the consolidation is to the best interest of the landowners inboth districts, the governing body shall order by resolution that suchconsolidation be effected. Such determination shall be final andconclusive, and no suit shall be filed in any court attacking orquestioning the validity of the action of the governing body unless thesame be filed within sixty (60) days after the date upon which saidresolution is adopted. All proceedings had in connection with suchmeeting or any adjournment of it, together with the findings and orderof the governing body shall be spread of record upon the officialrecords of the Kansas district.
Article 11.--CONSOLIDATION OF CERTAIN DRAINAGE OR LEVEE DISTRICTS
24-1102.Same; petition; notice and hearing; consolidationresolution; record of proceedings.Landowners owning a majority of the land within the former Missouridistrict, determined in accordance with the laws of Missouri to be thebenefited area, may file a petition with the secretary of the governingbody of the Kansas district involved requesting that the consolidationreferred to in K.S.A. 24-1101 be made. Thereupon, thegoverning body of the Kansas district shall fix a time and place of ameeting of said body to determine whether or not the requestedconsolidation shall be made. The call of such meeting shall be made bysaid governing body within thirty (30) days after the filing of suchpetition. The secretary of the Kansas district shall give notice of thetime, place, and purpose of such meeting by publication in a newspaperprinted and published in the county in Kansas where the Kansas districtwas formed, and having a general circulation therein. Such notice shallbe published for three consecutive weeks, and the first publicationshall be made not less than thirty (30) days prior to the date of themeeting. Within seven (7) days after the date of the first publicationthe secretary shall mail, or cause to be mailed, a copy of the notice toeach landowner owning land in the Kansas district or in the formerMissouri district shown by the records of such districts or proceedingshad in connection with said districts to be benefited by theimprovements made or to be made under the plans of the districts.Thereafter, and prior to the date of the meeting, the secretary shallsecure and file among the records of the Kansas district, proof of thepublication of the notice and shall make and file among such records anaffidavit showing his doings regarding the mailing of notice.
Should the secretary fail to perform his duties herein imposed, anyperson signing the petition for such consolidation may perform suchduties with the same effect as though done by the secretary. At themeeting so called it shall be the duty of the governing body of theKansas district to determine the advisability of the consolidation. Anyowner of land in the benefited portions of the lands of either districtmay file objections to the consolidation, which objections shall be inwriting and filed with the secretary of the Kansas district prior to thetime of the meeting. Any such owner who shall have filed writtenobjections to the consolidation shall be given ample opportunity topresent evidence and arguments. The meeting may be adjourned by thegoverning body from day to day as it shall determine. The governing bodyshall have power to subpoena, swear, and examine witnesses and do allthings necessary and incidental to a proper hearing and adjudication ofthe matter. After due consideration of the evidence and any plans andspecifications adopted by either district, if the governing body findsthat:
(1) The lands sought to be consolidated with the Kansas district lieadjacent to the Kansas district; and
(2) the lands of both districts are served by common floodprotection installations or reclamation works or the plans of bothdistricts provide for common flood protection or reclamation; and
(3) the consolidation is to the best interest of the landowners inboth districts, the governing body shall order by resolution that suchconsolidation be effected. Such determination shall be final andconclusive, and no suit shall be filed in any court attacking orquestioning the validity of the action of the governing body unless thesame be filed within sixty (60) days after the date upon which saidresolution is adopted. All proceedings had in connection with suchmeeting or any adjournment of it, together with the findings and orderof the governing body shall be spread of record upon the officialrecords of the Kansas district.
