State Codes and Statutes

Statutes > Kansas > Chapter42 > Article7 > Statutes_18829

42-722

Chapter 42.--IRRIGATION
Article 7.--DISTRICTS

      42-722.   Dissolution of district; petition to chief engineer.Except as provided by K.S.A. 42-722a and amendments thereto, whenever apetition signed by a majorityof the members of the board ofdirectors of an irrigation district, or by a majority of the qualifiedowners of irrigable land within a district as defined in K.S.A. 42-701, andamendments thereto,organized or existing under provisions of this act, is presented to the chiefengineer praying for thedissolution of the district, and it shall appear fromthe petitionthat the district has no real property; that the board ofdirectors has not held a meeting, other than those meetings held for thepurposeof considering any aspect of the election of members of the board ofdirectors, for more than one year prior to the date resulting insigning and presentation of the petition; and that the district isnotfunctioning, had ceased to function and will probably continueinoperative and that all indebtedness and obligations of the districthave been satisfied, the chief engineer, after suchfinding,shall issuea certificate in duplicate, declaring the irrigation districtdissolved. The chief engineer shall forward the original of thecertificate to thesecretary of state and the duplicate to the secretary of the board ofdirectors of the irrigation district. The certificateshall: (a)Direct the secretary of the district to file all minutes andrecords of the district with the county clerk of the county wherein theregisteredoffice of the irrigation district is located; (b) direct theofficer ofsuch district having custody of any personal property other than moneysto make such disposition as the chief engineer deemsproper;and (c) direct the treasurer of such district to transfer to the countytreasurers of the counties within such district, moneys held in the nameof the district, to be distributed by such treasurer in proportion tothe number of acres of each county within the district. The countytreasurer shall deposit such moneys into the county general fund.The irrigation district shall be dissolved and cease to exist uponexpiration of 30 days after the date of the issuance of suchcertificate, or upon expiration of 30 days after a final order pursuant toK.S.A. 2000 Supp. 82a-1901 and amendments thereto or a final judicialdetermination affirming the findings of the chief engineer, as set outin the certificate, in event that an appeal is takentherefrom.

      History:   L. 1941, ch. 262, § 22; L. 1974, ch. 197, § 1; L. 1979,ch. 155, § 3;L. 1993, ch. 212, § 2;L. 1999, ch. 130, § 2; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter42 > Article7 > Statutes_18829

42-722

Chapter 42.--IRRIGATION
Article 7.--DISTRICTS

      42-722.   Dissolution of district; petition to chief engineer.Except as provided by K.S.A. 42-722a and amendments thereto, whenever apetition signed by a majorityof the members of the board ofdirectors of an irrigation district, or by a majority of the qualifiedowners of irrigable land within a district as defined in K.S.A. 42-701, andamendments thereto,organized or existing under provisions of this act, is presented to the chiefengineer praying for thedissolution of the district, and it shall appear fromthe petitionthat the district has no real property; that the board ofdirectors has not held a meeting, other than those meetings held for thepurposeof considering any aspect of the election of members of the board ofdirectors, for more than one year prior to the date resulting insigning and presentation of the petition; and that the district isnotfunctioning, had ceased to function and will probably continueinoperative and that all indebtedness and obligations of the districthave been satisfied, the chief engineer, after suchfinding,shall issuea certificate in duplicate, declaring the irrigation districtdissolved. The chief engineer shall forward the original of thecertificate to thesecretary of state and the duplicate to the secretary of the board ofdirectors of the irrigation district. The certificateshall: (a)Direct the secretary of the district to file all minutes andrecords of the district with the county clerk of the county wherein theregisteredoffice of the irrigation district is located; (b) direct theofficer ofsuch district having custody of any personal property other than moneysto make such disposition as the chief engineer deemsproper;and (c) direct the treasurer of such district to transfer to the countytreasurers of the counties within such district, moneys held in the nameof the district, to be distributed by such treasurer in proportion tothe number of acres of each county within the district. The countytreasurer shall deposit such moneys into the county general fund.The irrigation district shall be dissolved and cease to exist uponexpiration of 30 days after the date of the issuance of suchcertificate, or upon expiration of 30 days after a final order pursuant toK.S.A. 2000 Supp. 82a-1901 and amendments thereto or a final judicialdetermination affirming the findings of the chief engineer, as set outin the certificate, in event that an appeal is takentherefrom.

      History:   L. 1941, ch. 262, § 22; L. 1974, ch. 197, § 1; L. 1979,ch. 155, § 3;L. 1993, ch. 212, § 2;L. 1999, ch. 130, § 2; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter42 > Article7 > Statutes_18829

42-722

Chapter 42.--IRRIGATION
Article 7.--DISTRICTS

      42-722.   Dissolution of district; petition to chief engineer.Except as provided by K.S.A. 42-722a and amendments thereto, whenever apetition signed by a majorityof the members of the board ofdirectors of an irrigation district, or by a majority of the qualifiedowners of irrigable land within a district as defined in K.S.A. 42-701, andamendments thereto,organized or existing under provisions of this act, is presented to the chiefengineer praying for thedissolution of the district, and it shall appear fromthe petitionthat the district has no real property; that the board ofdirectors has not held a meeting, other than those meetings held for thepurposeof considering any aspect of the election of members of the board ofdirectors, for more than one year prior to the date resulting insigning and presentation of the petition; and that the district isnotfunctioning, had ceased to function and will probably continueinoperative and that all indebtedness and obligations of the districthave been satisfied, the chief engineer, after suchfinding,shall issuea certificate in duplicate, declaring the irrigation districtdissolved. The chief engineer shall forward the original of thecertificate to thesecretary of state and the duplicate to the secretary of the board ofdirectors of the irrigation district. The certificateshall: (a)Direct the secretary of the district to file all minutes andrecords of the district with the county clerk of the county wherein theregisteredoffice of the irrigation district is located; (b) direct theofficer ofsuch district having custody of any personal property other than moneysto make such disposition as the chief engineer deemsproper;and (c) direct the treasurer of such district to transfer to the countytreasurers of the counties within such district, moneys held in the nameof the district, to be distributed by such treasurer in proportion tothe number of acres of each county within the district. The countytreasurer shall deposit such moneys into the county general fund.The irrigation district shall be dissolved and cease to exist uponexpiration of 30 days after the date of the issuance of suchcertificate, or upon expiration of 30 days after a final order pursuant toK.S.A. 2000 Supp. 82a-1901 and amendments thereto or a final judicialdetermination affirming the findings of the chief engineer, as set outin the certificate, in event that an appeal is takentherefrom.

      History:   L. 1941, ch. 262, § 22; L. 1974, ch. 197, § 1; L. 1979,ch. 155, § 3;L. 1993, ch. 212, § 2;L. 1999, ch. 130, § 2; July 1.