42-721.Payment for property and improvements; additional bonds,election; agreement with federal agencies; water rentals or charges;approval of contract by court before assessments extended; service ofprocess.(a) The costs and expenses of purchasing and acquiring property,irrigation works and improvements shall be paid out of funds raised forsuch purpose or purposes. In case the bonds, or the proceeds from the saleof any series of bonds, are insufficient for the purpose or purposes forwhich they were issued, additional bonds may be issued after submission ofthe question to an election in manner provided in this act.
(b) Any irrigation district may enter into an agreement with the UnitedStates or any department, bureau or agency thereof in pursuance of thefederal laws governing such department, bureau or agency, or with anyperson or corporation for the establishment, construction and completion ofthe necessary irrigation works as provided in this act, and may in suchcontract or agreement provide for the payment of the cost of establishingand constructing such works by the levy and collection of assessmentsagainst the lands benefited and/or by annual payments from funds raised bythe collection of water rentals, tolls or charges from persons furnishedwater for the irrigation of their lands: Provided, That before anyassessments shall be extended on the tax roll against any lands in thedistrict, or the contract providing therefor becomes effective, the boardof directors in the district shall file an action in the district court inwhich the greater part of said district is located, for the approval of anysuch contract and for the approval of the proposed assessments. A copy ofthe proposed schedule of assessments shall be attached to the petition orembodied therein. Service of process shall be deemed sufficient upon thepublication of a notice in three issues, a week apart, in some newspaper ofgeneral circulation in the district. Said notice shall be addressed "To thelandowners of Irrigation District No. ______ in __________ County, Kansas:"(the number of the district and the name of the county to be filled in) andsaid notice shall state that a description of the various tracts of land inthe district and the respective amounts of assessments proposed for eachtract, as fixed by the board, may be examined in the office of the clerk ofsaid district court. It shall not be necessary that the notice contain thedescription of the various tracts of real estate, or of the total realestate, within the boundaries of the district. Such notice shall specify adate not earlier than thirty days after the date of the first publicationof said notice and not later than forty days thereafter within which anyqualified owner of land within the district shall file his answer, or otherpleadings, to said petition challenging the assessment against hisproperty, if he believes a proposed assessment against his property iseither: Too high; erroneously computed; or not uniformly assessed inproportion to other tracts within the district.
Upon trial of said cause, the court shall hear evidence concerning thecorrectness and uniformity of assessments and may modify the schedule ofassessments in accordance with such evidence. The court hearing suchevidence shall review the schedule of assessments as proposed by the boardof directors and shall not disturb the findings and assessments of theboard unless the proposed assessments are manifestly disproportionate. Theassessments as determined by the district court shall be final and aconclusive determination that all such proposed assessments have been madein proportion to the benefits conferred upon such properties by reason ofthe improvements to be constructed, and such assessments shall constitute aperpetual lien on the properties so assessed, until paid. The approval ofthe proposed contract by the trial court, together with any approvedchanges or modifications of the same, shall be final and binding upon theparties signatory to said contract. For the purpose of defraying theexpenses of organizing the district and the maintenance, operation,management, repair and improvement of such irrigation works, includingsalaries of officers and employees, the board may collect water rentals orservice charges, or may levy assessments therefor, or by a combination ofmethods.
History: L. 1941, ch. 262, § 21; L. 1951, ch. 304, § 1; March 24.
42-721.Payment for property and improvements; additional bonds,election; agreement with federal agencies; water rentals or charges;approval of contract by court before assessments extended; service ofprocess.(a) The costs and expenses of purchasing and acquiring property,irrigation works and improvements shall be paid out of funds raised forsuch purpose or purposes. In case the bonds, or the proceeds from the saleof any series of bonds, are insufficient for the purpose or purposes forwhich they were issued, additional bonds may be issued after submission ofthe question to an election in manner provided in this act.
(b) Any irrigation district may enter into an agreement with the UnitedStates or any department, bureau or agency thereof in pursuance of thefederal laws governing such department, bureau or agency, or with anyperson or corporation for the establishment, construction and completion ofthe necessary irrigation works as provided in this act, and may in suchcontract or agreement provide for the payment of the cost of establishingand constructing such works by the levy and collection of assessmentsagainst the lands benefited and/or by annual payments from funds raised bythe collection of water rentals, tolls or charges from persons furnishedwater for the irrigation of their lands: Provided, That before anyassessments shall be extended on the tax roll against any lands in thedistrict, or the contract providing therefor becomes effective, the boardof directors in the district shall file an action in the district court inwhich the greater part of said district is located, for the approval of anysuch contract and for the approval of the proposed assessments. A copy ofthe proposed schedule of assessments shall be attached to the petition orembodied therein. Service of process shall be deemed sufficient upon thepublication of a notice in three issues, a week apart, in some newspaper ofgeneral circulation in the district. Said notice shall be addressed "To thelandowners of Irrigation District No. ______ in __________ County, Kansas:"(the number of the district and the name of the county to be filled in) andsaid notice shall state that a description of the various tracts of land inthe district and the respective amounts of assessments proposed for eachtract, as fixed by the board, may be examined in the office of the clerk ofsaid district court. It shall not be necessary that the notice contain thedescription of the various tracts of real estate, or of the total realestate, within the boundaries of the district. Such notice shall specify adate not earlier than thirty days after the date of the first publicationof said notice and not later than forty days thereafter within which anyqualified owner of land within the district shall file his answer, or otherpleadings, to said petition challenging the assessment against hisproperty, if he believes a proposed assessment against his property iseither: Too high; erroneously computed; or not uniformly assessed inproportion to other tracts within the district.
Upon trial of said cause, the court shall hear evidence concerning thecorrectness and uniformity of assessments and may modify the schedule ofassessments in accordance with such evidence. The court hearing suchevidence shall review the schedule of assessments as proposed by the boardof directors and shall not disturb the findings and assessments of theboard unless the proposed assessments are manifestly disproportionate. Theassessments as determined by the district court shall be final and aconclusive determination that all such proposed assessments have been madein proportion to the benefits conferred upon such properties by reason ofthe improvements to be constructed, and such assessments shall constitute aperpetual lien on the properties so assessed, until paid. The approval ofthe proposed contract by the trial court, together with any approvedchanges or modifications of the same, shall be final and binding upon theparties signatory to said contract. For the purpose of defraying theexpenses of organizing the district and the maintenance, operation,management, repair and improvement of such irrigation works, includingsalaries of officers and employees, the board may collect water rentals orservice charges, or may levy assessments therefor, or by a combination ofmethods.
History: L. 1941, ch. 262, § 21; L. 1951, ch. 304, § 1; March 24.
42-721.Payment for property and improvements; additional bonds,election; agreement with federal agencies; water rentals or charges;approval of contract by court before assessments extended; service ofprocess.(a) The costs and expenses of purchasing and acquiring property,irrigation works and improvements shall be paid out of funds raised forsuch purpose or purposes. In case the bonds, or the proceeds from the saleof any series of bonds, are insufficient for the purpose or purposes forwhich they were issued, additional bonds may be issued after submission ofthe question to an election in manner provided in this act.
(b) Any irrigation district may enter into an agreement with the UnitedStates or any department, bureau or agency thereof in pursuance of thefederal laws governing such department, bureau or agency, or with anyperson or corporation for the establishment, construction and completion ofthe necessary irrigation works as provided in this act, and may in suchcontract or agreement provide for the payment of the cost of establishingand constructing such works by the levy and collection of assessmentsagainst the lands benefited and/or by annual payments from funds raised bythe collection of water rentals, tolls or charges from persons furnishedwater for the irrigation of their lands: Provided, That before anyassessments shall be extended on the tax roll against any lands in thedistrict, or the contract providing therefor becomes effective, the boardof directors in the district shall file an action in the district court inwhich the greater part of said district is located, for the approval of anysuch contract and for the approval of the proposed assessments. A copy ofthe proposed schedule of assessments shall be attached to the petition orembodied therein. Service of process shall be deemed sufficient upon thepublication of a notice in three issues, a week apart, in some newspaper ofgeneral circulation in the district. Said notice shall be addressed "To thelandowners of Irrigation District No. ______ in __________ County, Kansas:"(the number of the district and the name of the county to be filled in) andsaid notice shall state that a description of the various tracts of land inthe district and the respective amounts of assessments proposed for eachtract, as fixed by the board, may be examined in the office of the clerk ofsaid district court. It shall not be necessary that the notice contain thedescription of the various tracts of real estate, or of the total realestate, within the boundaries of the district. Such notice shall specify adate not earlier than thirty days after the date of the first publicationof said notice and not later than forty days thereafter within which anyqualified owner of land within the district shall file his answer, or otherpleadings, to said petition challenging the assessment against hisproperty, if he believes a proposed assessment against his property iseither: Too high; erroneously computed; or not uniformly assessed inproportion to other tracts within the district.
Upon trial of said cause, the court shall hear evidence concerning thecorrectness and uniformity of assessments and may modify the schedule ofassessments in accordance with such evidence. The court hearing suchevidence shall review the schedule of assessments as proposed by the boardof directors and shall not disturb the findings and assessments of theboard unless the proposed assessments are manifestly disproportionate. Theassessments as determined by the district court shall be final and aconclusive determination that all such proposed assessments have been madein proportion to the benefits conferred upon such properties by reason ofthe improvements to be constructed, and such assessments shall constitute aperpetual lien on the properties so assessed, until paid. The approval ofthe proposed contract by the trial court, together with any approvedchanges or modifications of the same, shall be final and binding upon theparties signatory to said contract. For the purpose of defraying theexpenses of organizing the district and the maintenance, operation,management, repair and improvement of such irrigation works, includingsalaries of officers and employees, the board may collect water rentals orservice charges, or may levy assessments therefor, or by a combination ofmethods.
History: L. 1941, ch. 262, § 21; L. 1951, ch. 304, § 1; March 24.
