State Codes and Statutes

Statutes > Kansas > Chapter24 > Article6 > Statutes_13199

24-662

Chapter 24.--DRAINAGE AND LEVEES
Article 6.--DRAINAGE IN ONE OR MORE COUNTIES

      24-662.   Same; meeting of steering committee, notice; committeeconstitutes initial board of directors; election of officers; election onorganization of district; certification of results to secretary of state;certificate of incorporation, issuance and recording; action attackingincorporation, limitation.Within ten (10) days after receipt of a certified copy of the chiefengineer's report approving the petition, or the petition as amended, thechairman of the steering committee of the proposed district shall call ameeting of the committee by mailing a written notice fixing the time andplace of such meeting to each member of the committee at least five (5)days in advance of the time so fixed, unless such notice is duly waived.The committee shall meet at the time and place fixed in said notice andshall thereupon constitute the initial board of directors of the districtwho shall hold their offices until their successors are elected andqualified. This board of directors shall elect from their number apresident, a vice-president, a secretary, and a treasurer: Provided,One person may hold the offices of secretary and treasurer. The boardshall, by resolution, provide for the calling of an election of thequalified voters of the district residing outside of the corporate limitsof cities for the purpose of submitting the questionof whether the district should be organized and created in accordance withthe petition or the petition as amended or revised by the chief engineer. Such proposition shall not be submitted to the qualified voters residingwithin the corporate limits of any city which have approved the formationof said district at an election called under the provisions of K.S.A. 24-660.

      The board shall designate at least one voting place in each county andwithin the proposed district and shall name and appoint three (3) judgesand two (2) clerks for each voting place designated, which judges andclerks shall take an oath to faithfully perform their duties as judges andclerks respectively, and shall each receive compensation of eight dollars($8) per day for their services, and the board shall cause a notice of saidspecial election to be published for three (3) consecutive weeks in anewspaper of general circulation in each of the counties in which a part ofsaid proposed district is located, the first publication to be not lessthan twenty-one (21) days prior to such election. Such notice shall setforth the time and place or places of holding the election, the propositionto be voted on, and shall be signed by the president and attested by thesecretary of the board. Any qualified voter residing within the proposeddistrict but outside of the corporate limits of any city shall be entitledto vote at such election. The vote at such election shall be by ballot,and such ballot shall comply with the usual requirements for an officialballot for public office insofar as such requirements are applicablethereto.

      Upon such ballot shall be printed the proposition submitted, preceded bythe words, "Shall the following be adopted?" and followed by the words "Tovote in favor of the proposition make a cross * mark in the squareafterthe word 'Yes.' " "To vote against the proposition make a cross * markinthe square after the word 'No.' " Returns from such election shall be madeto the board of directors who shall canvass the votes cast at such electionon the second Friday following the date of said election, and said boardshall immediately certify the results of said election to the secretary ofstate. If a majority of those voting on the proposition voted in favor ofthe organization and creation of the district, the secretary of state shallthereupon issue to the board of directors a certificate of incorporationfor said district, which shall be filed of record in the office of theregister of deeds of each county in which a portion of the district lies.Upon such recordation of the certificate of incorporation the districtshall be authorized to function in accordance with the provisions of thisact and its certificate of incorporation. If a majority of those voting onthe proposition voted against the organization and creation of thedistrict, the secretary of state shall endorse that fact on the face of thepetition and the proceedings shall be closed.

      No action attacking the legal incorporation of any joint drainagedistrict organized under this section shall be maintained unless filedwithin ninety (90) days after the issuance of the certificate ofincorporation for such district by the secretary of state, nor shall thealleged illegality of the incorporation of any such joint drainage districtbe interposed as a defense to any action brought after such time.

      History:   L. 1963, ch. 225, § 7; L. 1976, ch. 174, § 3; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter24 > Article6 > Statutes_13199

24-662

Chapter 24.--DRAINAGE AND LEVEES
Article 6.--DRAINAGE IN ONE OR MORE COUNTIES

      24-662.   Same; meeting of steering committee, notice; committeeconstitutes initial board of directors; election of officers; election onorganization of district; certification of results to secretary of state;certificate of incorporation, issuance and recording; action attackingincorporation, limitation.Within ten (10) days after receipt of a certified copy of the chiefengineer's report approving the petition, or the petition as amended, thechairman of the steering committee of the proposed district shall call ameeting of the committee by mailing a written notice fixing the time andplace of such meeting to each member of the committee at least five (5)days in advance of the time so fixed, unless such notice is duly waived.The committee shall meet at the time and place fixed in said notice andshall thereupon constitute the initial board of directors of the districtwho shall hold their offices until their successors are elected andqualified. This board of directors shall elect from their number apresident, a vice-president, a secretary, and a treasurer: Provided,One person may hold the offices of secretary and treasurer. The boardshall, by resolution, provide for the calling of an election of thequalified voters of the district residing outside of the corporate limitsof cities for the purpose of submitting the questionof whether the district should be organized and created in accordance withthe petition or the petition as amended or revised by the chief engineer. Such proposition shall not be submitted to the qualified voters residingwithin the corporate limits of any city which have approved the formationof said district at an election called under the provisions of K.S.A. 24-660.

      The board shall designate at least one voting place in each county andwithin the proposed district and shall name and appoint three (3) judgesand two (2) clerks for each voting place designated, which judges andclerks shall take an oath to faithfully perform their duties as judges andclerks respectively, and shall each receive compensation of eight dollars($8) per day for their services, and the board shall cause a notice of saidspecial election to be published for three (3) consecutive weeks in anewspaper of general circulation in each of the counties in which a part ofsaid proposed district is located, the first publication to be not lessthan twenty-one (21) days prior to such election. Such notice shall setforth the time and place or places of holding the election, the propositionto be voted on, and shall be signed by the president and attested by thesecretary of the board. Any qualified voter residing within the proposeddistrict but outside of the corporate limits of any city shall be entitledto vote at such election. The vote at such election shall be by ballot,and such ballot shall comply with the usual requirements for an officialballot for public office insofar as such requirements are applicablethereto.

      Upon such ballot shall be printed the proposition submitted, preceded bythe words, "Shall the following be adopted?" and followed by the words "Tovote in favor of the proposition make a cross * mark in the squareafterthe word 'Yes.' " "To vote against the proposition make a cross * markinthe square after the word 'No.' " Returns from such election shall be madeto the board of directors who shall canvass the votes cast at such electionon the second Friday following the date of said election, and said boardshall immediately certify the results of said election to the secretary ofstate. If a majority of those voting on the proposition voted in favor ofthe organization and creation of the district, the secretary of state shallthereupon issue to the board of directors a certificate of incorporationfor said district, which shall be filed of record in the office of theregister of deeds of each county in which a portion of the district lies.Upon such recordation of the certificate of incorporation the districtshall be authorized to function in accordance with the provisions of thisact and its certificate of incorporation. If a majority of those voting onthe proposition voted against the organization and creation of thedistrict, the secretary of state shall endorse that fact on the face of thepetition and the proceedings shall be closed.

      No action attacking the legal incorporation of any joint drainagedistrict organized under this section shall be maintained unless filedwithin ninety (90) days after the issuance of the certificate ofincorporation for such district by the secretary of state, nor shall thealleged illegality of the incorporation of any such joint drainage districtbe interposed as a defense to any action brought after such time.

      History:   L. 1963, ch. 225, § 7; L. 1976, ch. 174, § 3; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter24 > Article6 > Statutes_13199

24-662

Chapter 24.--DRAINAGE AND LEVEES
Article 6.--DRAINAGE IN ONE OR MORE COUNTIES

      24-662.   Same; meeting of steering committee, notice; committeeconstitutes initial board of directors; election of officers; election onorganization of district; certification of results to secretary of state;certificate of incorporation, issuance and recording; action attackingincorporation, limitation.Within ten (10) days after receipt of a certified copy of the chiefengineer's report approving the petition, or the petition as amended, thechairman of the steering committee of the proposed district shall call ameeting of the committee by mailing a written notice fixing the time andplace of such meeting to each member of the committee at least five (5)days in advance of the time so fixed, unless such notice is duly waived.The committee shall meet at the time and place fixed in said notice andshall thereupon constitute the initial board of directors of the districtwho shall hold their offices until their successors are elected andqualified. This board of directors shall elect from their number apresident, a vice-president, a secretary, and a treasurer: Provided,One person may hold the offices of secretary and treasurer. The boardshall, by resolution, provide for the calling of an election of thequalified voters of the district residing outside of the corporate limitsof cities for the purpose of submitting the questionof whether the district should be organized and created in accordance withthe petition or the petition as amended or revised by the chief engineer. Such proposition shall not be submitted to the qualified voters residingwithin the corporate limits of any city which have approved the formationof said district at an election called under the provisions of K.S.A. 24-660.

      The board shall designate at least one voting place in each county andwithin the proposed district and shall name and appoint three (3) judgesand two (2) clerks for each voting place designated, which judges andclerks shall take an oath to faithfully perform their duties as judges andclerks respectively, and shall each receive compensation of eight dollars($8) per day for their services, and the board shall cause a notice of saidspecial election to be published for three (3) consecutive weeks in anewspaper of general circulation in each of the counties in which a part ofsaid proposed district is located, the first publication to be not lessthan twenty-one (21) days prior to such election. Such notice shall setforth the time and place or places of holding the election, the propositionto be voted on, and shall be signed by the president and attested by thesecretary of the board. Any qualified voter residing within the proposeddistrict but outside of the corporate limits of any city shall be entitledto vote at such election. The vote at such election shall be by ballot,and such ballot shall comply with the usual requirements for an officialballot for public office insofar as such requirements are applicablethereto.

      Upon such ballot shall be printed the proposition submitted, preceded bythe words, "Shall the following be adopted?" and followed by the words "Tovote in favor of the proposition make a cross * mark in the squareafterthe word 'Yes.' " "To vote against the proposition make a cross * markinthe square after the word 'No.' " Returns from such election shall be madeto the board of directors who shall canvass the votes cast at such electionon the second Friday following the date of said election, and said boardshall immediately certify the results of said election to the secretary ofstate. If a majority of those voting on the proposition voted in favor ofthe organization and creation of the district, the secretary of state shallthereupon issue to the board of directors a certificate of incorporationfor said district, which shall be filed of record in the office of theregister of deeds of each county in which a portion of the district lies.Upon such recordation of the certificate of incorporation the districtshall be authorized to function in accordance with the provisions of thisact and its certificate of incorporation. If a majority of those voting onthe proposition voted against the organization and creation of thedistrict, the secretary of state shall endorse that fact on the face of thepetition and the proceedings shall be closed.

      No action attacking the legal incorporation of any joint drainagedistrict organized under this section shall be maintained unless filedwithin ninety (90) days after the issuance of the certificate ofincorporation for such district by the secretary of state, nor shall thealleged illegality of the incorporation of any such joint drainage districtbe interposed as a defense to any action brought after such time.

      History:   L. 1963, ch. 225, § 7; L. 1976, ch. 174, § 3; July 1.