State Codes and Statutes

Statutes > Kansas > Chapter24 > Article12 > Statutes_13278

24-1214

Chapter 24.--DRAINAGE AND LEVEES
Article 12.--WATERSHED DISTRICTS

      24-1214.   Financing proposed projects; methods;resolution as to costs;public hearing; notice, contents; appearances; written statement required;transmittal of written statements to chief engineer; adoption, modificationor rejection of general plan or method of financing; official general planand official method of financing; resubmissions, when.Subject to the provisions of subsection (b) of K.S.A. 24-1203a, whenthe generalplan is approved by the chief engineer the board, by resolution, shall proposethat the cost to the district ofallworkscontemplated in the plan be paid either by a general levy against all ofthe taxable tangible property located within the district, that suchcostbe paid by special assessment against lands within the district to bespecially benefited by any of the proposed projects or that such cost bepaid by both such general levy and special assessment, stating the portionproposed to be paid by each method.The board shall also set forth in the resolution any proposal toissueimprovement bonds of the district to provide for the payment of all or anypart of the cost to the district of proposed projects by installmentsinstead of levying the entire tax or special assessment at one time.

      Theboard shall thereupon fix a time and place either within or convenientlynear the district for a public hearing upon the general plan and theresolution proposing a method of financing costs of the works contemplatedin the plan. A notice of such hearing shall be given by one publication atleast 20 days prior to the date fixed for thehearing, settingforth the time and place of hearing upon the plan and resolution,that acopy of the plan and resolution is available for public inspectionin theoffice of the secretary of the district and that any electors or landownersdesiring to be heard in the matter must file, in duplicate, with thesecretary of the board at the secretary's office, at least five days before the dateof the hearing, a written statement of their intent to appearat thehearing and the substance of the views they wish to express. Upon receiptof any such statements the secretary of the board shall immediatelytransmit one copy of the statements to the chief engineer. Thechiefengineer or the chief engineer's duly appointed representative mayattend the hearing. Atthe hearing any elector or landowner who has duly filed a writtenstatement shall be heard and may present information in support ofthe elector's or landowner'sposition in the matter. After hearing all such statements the board,by resolution, shall adopt as official or reject the general plan and adoptasofficial or reject the proposed method of financing costs of the workscontemplated in the plan or determine that the general plan or the proposedmethod of financing or both should be modified and notify the chiefengineer of the board's action. If it is determined that thegeneral plan shouldbe modified, any proposed changes approved by the board shall beincorporated in a modified general plan which shall be submitted to thechief engineer for further consideration.

      The chief engineer shall review the modified plan and shall transmit asupplemental written report of the results of the chief engineer'sstudy and investigationto the board, including the chief engineer's written approval ordisapproval of the modifiedgeneral plan. If the modified general plan is approved by the chiefengineer, the board, by resolution, shall adopt themodified plan as the official generalplan of the district and notify the chief engineer of the board'saction. If itis determined that the proposed method of financing should be modified, theboard shall give consideration to the the modified method offinancing and, following adoption of thegeneral plan or an approved modification thereof, the board, byfurther resolution setting forth such modified method of financing,shall adoptit as the official method of the district for financing costs of the workscontemplated in the official general plan. Ifa board is unable to carry out a general plan because of disapproval of abond issue at an election or because insufficient funds have been provided,they may reconsider the general plan or themethod of financing, or both, andby following the procedure hereinbefore set forth, resubmit a general plan ormethod of financing, or both.

      History:   L. 1953, ch. 477, § 14; L. 1961, ch. 193, § 11;L. 1995, ch. 210, § 9; May 4.

State Codes and Statutes

Statutes > Kansas > Chapter24 > Article12 > Statutes_13278

24-1214

Chapter 24.--DRAINAGE AND LEVEES
Article 12.--WATERSHED DISTRICTS

      24-1214.   Financing proposed projects; methods;resolution as to costs;public hearing; notice, contents; appearances; written statement required;transmittal of written statements to chief engineer; adoption, modificationor rejection of general plan or method of financing; official general planand official method of financing; resubmissions, when.Subject to the provisions of subsection (b) of K.S.A. 24-1203a, whenthe generalplan is approved by the chief engineer the board, by resolution, shall proposethat the cost to the district ofallworkscontemplated in the plan be paid either by a general levy against all ofthe taxable tangible property located within the district, that suchcostbe paid by special assessment against lands within the district to bespecially benefited by any of the proposed projects or that such cost bepaid by both such general levy and special assessment, stating the portionproposed to be paid by each method.The board shall also set forth in the resolution any proposal toissueimprovement bonds of the district to provide for the payment of all or anypart of the cost to the district of proposed projects by installmentsinstead of levying the entire tax or special assessment at one time.

      Theboard shall thereupon fix a time and place either within or convenientlynear the district for a public hearing upon the general plan and theresolution proposing a method of financing costs of the works contemplatedin the plan. A notice of such hearing shall be given by one publication atleast 20 days prior to the date fixed for thehearing, settingforth the time and place of hearing upon the plan and resolution,that acopy of the plan and resolution is available for public inspectionin theoffice of the secretary of the district and that any electors or landownersdesiring to be heard in the matter must file, in duplicate, with thesecretary of the board at the secretary's office, at least five days before the dateof the hearing, a written statement of their intent to appearat thehearing and the substance of the views they wish to express. Upon receiptof any such statements the secretary of the board shall immediatelytransmit one copy of the statements to the chief engineer. Thechiefengineer or the chief engineer's duly appointed representative mayattend the hearing. Atthe hearing any elector or landowner who has duly filed a writtenstatement shall be heard and may present information in support ofthe elector's or landowner'sposition in the matter. After hearing all such statements the board,by resolution, shall adopt as official or reject the general plan and adoptasofficial or reject the proposed method of financing costs of the workscontemplated in the plan or determine that the general plan or the proposedmethod of financing or both should be modified and notify the chiefengineer of the board's action. If it is determined that thegeneral plan shouldbe modified, any proposed changes approved by the board shall beincorporated in a modified general plan which shall be submitted to thechief engineer for further consideration.

      The chief engineer shall review the modified plan and shall transmit asupplemental written report of the results of the chief engineer'sstudy and investigationto the board, including the chief engineer's written approval ordisapproval of the modifiedgeneral plan. If the modified general plan is approved by the chiefengineer, the board, by resolution, shall adopt themodified plan as the official generalplan of the district and notify the chief engineer of the board'saction. If itis determined that the proposed method of financing should be modified, theboard shall give consideration to the the modified method offinancing and, following adoption of thegeneral plan or an approved modification thereof, the board, byfurther resolution setting forth such modified method of financing,shall adoptit as the official method of the district for financing costs of the workscontemplated in the official general plan. Ifa board is unable to carry out a general plan because of disapproval of abond issue at an election or because insufficient funds have been provided,they may reconsider the general plan or themethod of financing, or both, andby following the procedure hereinbefore set forth, resubmit a general plan ormethod of financing, or both.

      History:   L. 1953, ch. 477, § 14; L. 1961, ch. 193, § 11;L. 1995, ch. 210, § 9; May 4.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter24 > Article12 > Statutes_13278

24-1214

Chapter 24.--DRAINAGE AND LEVEES
Article 12.--WATERSHED DISTRICTS

      24-1214.   Financing proposed projects; methods;resolution as to costs;public hearing; notice, contents; appearances; written statement required;transmittal of written statements to chief engineer; adoption, modificationor rejection of general plan or method of financing; official general planand official method of financing; resubmissions, when.Subject to the provisions of subsection (b) of K.S.A. 24-1203a, whenthe generalplan is approved by the chief engineer the board, by resolution, shall proposethat the cost to the district ofallworkscontemplated in the plan be paid either by a general levy against all ofthe taxable tangible property located within the district, that suchcostbe paid by special assessment against lands within the district to bespecially benefited by any of the proposed projects or that such cost bepaid by both such general levy and special assessment, stating the portionproposed to be paid by each method.The board shall also set forth in the resolution any proposal toissueimprovement bonds of the district to provide for the payment of all or anypart of the cost to the district of proposed projects by installmentsinstead of levying the entire tax or special assessment at one time.

      Theboard shall thereupon fix a time and place either within or convenientlynear the district for a public hearing upon the general plan and theresolution proposing a method of financing costs of the works contemplatedin the plan. A notice of such hearing shall be given by one publication atleast 20 days prior to the date fixed for thehearing, settingforth the time and place of hearing upon the plan and resolution,that acopy of the plan and resolution is available for public inspectionin theoffice of the secretary of the district and that any electors or landownersdesiring to be heard in the matter must file, in duplicate, with thesecretary of the board at the secretary's office, at least five days before the dateof the hearing, a written statement of their intent to appearat thehearing and the substance of the views they wish to express. Upon receiptof any such statements the secretary of the board shall immediatelytransmit one copy of the statements to the chief engineer. Thechiefengineer or the chief engineer's duly appointed representative mayattend the hearing. Atthe hearing any elector or landowner who has duly filed a writtenstatement shall be heard and may present information in support ofthe elector's or landowner'sposition in the matter. After hearing all such statements the board,by resolution, shall adopt as official or reject the general plan and adoptasofficial or reject the proposed method of financing costs of the workscontemplated in the plan or determine that the general plan or the proposedmethod of financing or both should be modified and notify the chiefengineer of the board's action. If it is determined that thegeneral plan shouldbe modified, any proposed changes approved by the board shall beincorporated in a modified general plan which shall be submitted to thechief engineer for further consideration.

      The chief engineer shall review the modified plan and shall transmit asupplemental written report of the results of the chief engineer'sstudy and investigationto the board, including the chief engineer's written approval ordisapproval of the modifiedgeneral plan. If the modified general plan is approved by the chiefengineer, the board, by resolution, shall adopt themodified plan as the official generalplan of the district and notify the chief engineer of the board'saction. If itis determined that the proposed method of financing should be modified, theboard shall give consideration to the the modified method offinancing and, following adoption of thegeneral plan or an approved modification thereof, the board, byfurther resolution setting forth such modified method of financing,shall adoptit as the official method of the district for financing costs of the workscontemplated in the official general plan. Ifa board is unable to carry out a general plan because of disapproval of abond issue at an election or because insufficient funds have been provided,they may reconsider the general plan or themethod of financing, or both, andby following the procedure hereinbefore set forth, resubmit a general plan ormethod of financing, or both.

      History:   L. 1953, ch. 477, § 14; L. 1961, ch. 193, § 11;L. 1995, ch. 210, § 9; May 4.