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Statutes > Kansas > Chapter24 > Article4 > Statutes_13098

24-499

Chapter 24.--DRAINAGE AND LEVEES
Article 4.--DRAINAGE DISTRICTS WITHIN COUNTIES OR CITIES

      24-499.   Dissolution of districts having no bonded indebtedness;petition, notice and hearing; resolution; funds, disposition; countycommissioners' powers as to dormant districts.Whenever two-fifths (2/5) of the taxpayers residing within theboundaries of any drainage district organized under K.S.A. 24-401 to 25-457and acts supplemental thereto, which district has no outstanding bondedindebtedness, shall file their written petition with the board of directorsof such drainage district requesting the said board of directors of thedrainage district to disorganize and dissolve said drainage district, thesaid board of directors, upon finding such petition sufficient, shallwithin thirty (30) days designate a time and place for a public meeting ofsuch board of directors to be held within sixty (60) days thereafter toconsider such petition and shall give notice thereof to the owners of landwithin the drainage district by publication of a notice for two (2) weeksin the official county newspaper, the first publication to be not less thantwenty-one (21) days prior to the date set for said hearing. Such board ofdirectors shall hold said meeting and all owners of real estate situatedwithin the drainage district and all other parties may attend and shall beheard by said board of directors as to any reasons why such drainagedistrict should or should not be disorganized or dissolved.

      After such hearing the board of directors shall have power to adopt aresolution providing that such drainage district (naming it) shall or shallnot be disorganized and dissolved and shall file certified copies of suchresolution with the secretary of state and the county clerk of the countywherein the drainage district is located. Upon adoption of a resolution todisorganize and dissolve such a drainage district it shall thereupon ceaseto exist and function except as to distribution of funds on hand, if any.If there be funds, then on hand, not in excess of one thousand dollars($1,000), the same shall be apportioned on basis of acreage and transferredto the general funds of the townships wherein said drainage districtexisted, or if in a sum of excess of one thousand dollars ($1,000), thesame shall be on basis of the assessed valuation of tangible property, realand personal, assessed in such drainage district in each township in whichall or a portion of said drainage district is located, and for year inwhich the last general revenue levy for said district was levied andextended; and such residue funds of the drainage district shall betransferred and paid over to the township board of highway commissioners,or to the board of county commissioners if in a county where the countyroad unit system has been adopted. Such funds shall be received by suchtownship board of highway commissioners, or by the county commissioners, asthe case may be, and shall (1) be placed in a special fund and used by saidcommissioners for the purchase of rock or gravel, and for the distributionof rock or gravel to be applied by them, upon public highways within saiddrainage district boundaries and within said township and county where saiddrainage district, or a part thereof, is located, or (2) if authorized bythe drainage district board, such funds may be placed in the general fundof the township or the county, as the case may be. Where any such drainagedistrict has become dormant and otherwise failed to elect officers andceased to function as a drainage district, the board of countycommissioners of the county wherein the drainage district, or greater areathereof, is located, shall have the same authority herein above conferredupon the board of directors of any such drainage district and shall actherein as if they were in fact the board of directors of the drainagedistrict.

      History:   L. 1949, ch. 249, § 1; L. 1953, ch. 193, § 1; L. 1965, ch. 240, § 1;April 19.