Session Law

Identifying Information:L. 2001 ch. 076
Other Identifying Information:2001 House Bill 2246
Tax Type:Other
Brief Description:An Act concerning certain drainage districts; relating to the powers and duties of the gov- erning bodies thereof; amending K.S.A. 24-611 and 24-639 and repealing the existing sections.
Keywords:


Body:

CHAPTER 76

HOUSE BILL No. 2246


An Act concerning certain drainage districts; relating to the powers and duties of the gov-

erning bodies thereof; amending K.S.A. 24-611 and 24-639 and repealing the existing sections.




Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 24-611 is hereby amended to read as follows: 24-

611. If, upon the filing of any report of said engineer, together with his

or her estimates as herebefore provided, it shall appear that lands, other

than those incorporated by the court in said district will be benefited (a)

Subject to the provisions of K.S.A. 19-270, and amendments thereto, and

if the board of supervisors determines that land located outside the district

benefits by the drainage improvements of said the district it shall be the

duty of the chairman of said board of supervisors to file a petition in the

district court of the county where said district is originally organized,

containing a description of said lands, the name or names of the owners

as they appear on the tax rolls of the county in which the lands are situated

and their place or places of residence, alleging that said lands will be

benefited by the improvements and ought in justice bear its proportion

of the expense and cost of such improvement, and that said land was not

incorporated within the limits of said drainage district as originally estab-

lished by said court, and if the names of the owners of any such tract or

tracts of land are unknown this fact should be stated, and praying that

such tract or tracts of land may be incorporated, and made a part of said

district.

Upon the filing of any such petition duly verified as herein provided

the clerk of the district court of said county shall issue summons or notice

to the parties interested as provided by K.S.A. 24-602 with reference to

the original petition for the establishment of said district, and the same

proceedings shall be had upon said petition and in said court as upon the

original petition for the establishment of said district and the same pro-

visions of law shall apply thereto insofar as the same are applicable. Upon

the return day of said notice or summons or any other time to which said

court shall adjourn said cause the court shall have jurisdiction to try and

determine said matter at chambers and to make all necessary orders,

judgments and decrees. The owners of said land may by writing duly

verified, waive the issuance and service of all notice or process and con-

sent that the court may at once upon the filing of said petition and waiver

enter the necessary decree.

Upon filing said petition in said court it shall be the duty of the clerk

to docket said cause, as a proceeding in and as a part of the original cause

for the establishment of said district. After the entering of the decree of

the court as aforesaid the land of all the parties so brought into said district

shall be subject to the same provisions of law as would have applied to

them had they been incorporated in the original petition and decree en-

tered thereon. No land shall be included in said drainage district or sub-

ject to taxation for said drainage except wet, submerged and swamp land

or lands within a district subject to overflow., the board shall present a

petition to the board of county commissioners of the county in which the

greater portion of the territory of the original drainage district is located

asking for the extension of the territorial limits of the district to include

such land. The board of county commissioners shall investigate such pe-

tition and determine whether such land should be included within the

district.

(b) The petition submitted pursuant to subsection (a) shall:

(1) Describe the land proposed to be included within the drainage

district by sections or subdivisions of sections, according to the govern-

ment survey or by metes and bounds;

(2) state that the land and property thereon are subject to injury and

damage from the overflow of some natural or manmade watercourse,

naming or describing it;

(3) state that improvement of the channel of such watercourse, the

construction and maintenance of levees, drains, ditches, dikes, jetties, rip-

rap or other works are necessary to prevent such overflow;

(4) state that such improvement or works will be conducive to the

public health, convenience or welfare; and

(5) contain a prayer that the land described in the petition be included

within such drainage district. If any land requested to be included in the

original drainage district is located within the corporate limits of any city,

it shall be sufficient to describe such land by appropriate number as lots

or blocks or parts of lots or blocks.

Whenever a petition is presented to the board of county commissioners

pursuant to this section, the board of county commissioners shall fix a

time for the hearing of such petition. Notice of such hearing shall be

published at least once in a newspaper of general circulation in the county

in which the land described in the petition is located at least 10 days

before the date fixed for the hearing.

(c) Following such hearing, if the board finds the petition is in con-

formity to the requirements of this section and that the allegations thereof

are true, the board shall make a finding and decision to that effect, and

shall declare the land described in the petition to be annexed to and in-

cluded within the original drainage district. No territory within any city

located in a county having an assessed tangible valuation of more than

$150,000,000 shall be included within any drainage district without the

approval of the governing body of such city.

Sec. 2. K.S.A. 24-639 is hereby amended to read as follows: 24-639.

Every (a) A district organized under the provisions of this act K.S.A. 24-

601 et seq., and amendments thereto, shall be a body politic and corporate,

and shall be known by the corporate name of ``drainage district number

________ of ________ county,'' and shall have power and authority

to take and hold real and personal property necessary for its use, to make

contracts, to sue and to be sued, have and use a corporate seal, and

exercise any and all other powers, as a corporation necessary to carry out

the purposes of this act.

(b) The board of supervisors of the drainage district shall have the

power to:

(1) Adopt a seal;

(2) enter into contracts;

(3) hold real and personal property;

(4) sue and be sued;

(5) determine and fix the district boundaries;

(6) remove all obstructions from the channel of the watercourse;

(7) commence and maintain suits against any and all persons or cor-

porations unlawfully maintaining dams or other obstructions in the chan-

nel of the watercourse to compel the removal of the same;

(8) exercise the power of eminent domain as to all lands necessary to

the construction of cutoffs, spillways and auxiliary channels in accordance

with K.S.A. 26-501 through 26-516, and amendments thereto;

(9) require that all bridges across the watercourses shall be of suffi-

cient length or that they shall be provided with sufficient trestle work to

permit the unobstructed flow of the waters at flood time;

(10) construct cutoffs, spillways and auxiliary channels across rail-

roads and highways, to compel the adequate bridging of the same and to

compel the raising of the grades of the railroads and highways;

(11) levy an annual tax not to exceed five mills on the assessed value

of all tangible taxable property located within the district to constitute a

general fund to meet the incidental expenses of the district. The board

shall not levy a tax pursuant to this subsection for more than four years

unless the board adopts a resolution declaring it necessary to continue

such levy. Such resolution shall be published at least once each week for

three consecutive weeks in a newspaper of general circulation within the

district. If within 30 days after the last publication of such resolution, a

petition protesting such levy, signed by qualified electors of the district

equal in number to not less than 10% of the electors voting at the last

election for the board of supervisors, is filed with the county clerk of the

county in which the greatest portion of such district is located, no levy

shall be made unless the question of continuing such levy is submitted to

and approved by a majority of the electors of the district voting at an

election called and held thereon. If no petition protesting the levy is filed

within the prescribed time, the drainage district may continue to levy

such tax for four more years;

(12) issue bonds and provide for the payment of the same; and

(13) perform any other acts not inconsistent with the provisions of

K.S.A. 24-601 et seq., and amendments thereto.

(c) Nothing in this section shall be construed as exempting the drain-

age district from the requirements of K.S.A. 24-126 and 82a-301 et seq.,

and amendments thereto.

New Sec. 3. (a) The board of supervisors and the owners of land

which is located outside a drainage district organized pursuant to K.S.A.

24-601 et seq., and amendments thereto, may enter agreements allowing

water from such land to drain into the drainage system of the district. All

moneys received under such agreements shall be used for drainage dis-

trict purposes.

(b) If the owner of any land which is located outside of any drainage

district constructs any ditch or drain so that the water on such land will

be drained into the drainage system of any drainage district or into any

natural depression, draw or watercourse, or any artificial ditch, tile, or

drain that drains into such drainage system, without first having entered

into written agreement with the board of supervisors of such drainage

district, the owner shall be deemed to have made voluntary application

to be included in such drainage district and receive the benefits thereof.

If by the natural grade and formation of such land, the surface or flood

water, or both, therefrom are drained into any ditch, tile, drain, natural

depression, draw or watercourse in such drainage system of such drainage

district, the owner of such land shall be deemed to receive the benefits

of such drainage system. The board of supervisors of such drainage district

may bring an action in the county where such land or drainage district is

located, stating the name of such owner, description of the land and of

the ditch, drain or natural grade or formation leading into the system of

such drainage district to recover payment for the benefit received and to

include such land within the drainage district.

Any judgment so rendered may be filed in the office of the clerk of

the district court of the county and become a lien on such land in like

manner as other judgments. If any such land which drains or is drained

into the drainage system of any other drainage district is located within a

drainage district organized under any law of the state of Kansas, the drain-

age district in which such land so drained is located may be named the

defendant instead of the owner of the land. In such case, the drainage

district prosecuting such proceedings shall have the option of prosecuting

the same in the district court in which such drainage district or the major

portion thereof is located. If such proceedings are so prosecuted in the

district court the proceedings shall be governed by the code of civil pro-

cedure. The district court may assess against the drainage district receiv-

ing the benefits of the drainage of its land into the system of another

district an annual payment commensurate with such benefits. All money

collected under this subsection shall be used for drainage district pur-

poses.

Sec. 4. K.S.A. 24-611 and 24-639 are hereby repealed.

Sec. 5. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 3, 2000.


__________




Date Composed: 09/25/2001 Date Modified: 09/25/2001