Session Law

Identifying Information:L. 2002 ch. 172
Other Identifying Information:2002 House Bill 2727*
Tax Type:Other
Brief Description:An Act concerning drainage districts; relating to the transfer of territory thereof.
Keywords:


Body:

CHAPTER 172

HOUSE BILL No. 2727*

An Act concerning drainage districts; relating to the transfer of territory thereof.


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

Section 1. As used in this section and sections 2 through 4, and

amendments thereto:

(a) ``Drainage district'' means any drainage district organized and in-

corporated pursuant to chapter 24 of the Kansas Statutes Annotated, and

amendments thereto.

(b) ``County'' means the county in which the territory is located.

(c) ``Territory'' means land and any improvements thereon located

within the boundaries of a drainage district which is sought to be detached

from such drainage district and attached to an adjacent drainage district.

(d) ``Governing body'' means the governing body of a drainage dis-

trict.

(e) ``Board'' means the board of county commissioners of the county

in which the territory, or any portion thereof, is located.

(f) ``Transfer'' means the detachment of territory from a drainage

district and the attachment of such territory to an adjacent drainage dis-

trict.

Sec. 2. As an alternative to the procedure provided by K.S.A. 24-127

through 24-131, and amendments thereto, and subject to the provisions

of K.S.A. 24-127, and amendments thereto, the board of county com-

missioners of any county may transfer territory from a drainage district

to an adjacent drainage district in the manner provided by this act.

Sec. 3. (a) Whenever the governing body of a drainage district deems

it advisable that territory located within an adjacent drainage district be

transferred, the governing body may submit a petition to the board of

county commissioners requesting such transfer. The petition shall:

(1) Describe the territory to be transferred by metes and bounds, or,

if platted, by appropriate descriptions as lots or blocks or parts of lots or

blocks.

(2) State the name of the drainage district from which the territory

is to be detached and the name of the drainage district to which the

territory is to be attached.

(3) State that the proposed transfer will result in more efficient or

more adequate protection of the territory from overflow or damage and

injury resulting therefrom, or will be conducive to the public health, con-

venience and welfare.

(4) Any other information in support of such transfer.

(b) Upon submission of a petition authorized by subsection (a) to the

board of county commissioners, the board shall call and hold a hearing

on such petition. Notice of the hearing shall include the time, date and

location of the public hearing to be held on the petition. Such notice shall

be published at least once each week for two consecutive weeks in a

newspaper of general circulation in each drainage district. The last pub-

lication shall be at least 10 days, but not more than 20 days, prior to the

date of the public hearing. The cost of such publication shall be paid by

the district which submitted the petition.

(c) At such hearing, the board shall hear testimony as to the advisa-

bility of granting the petition. In determining whether to grant the peti-

tion, the board's considerations shall include, but not be limited to:

(1) Testimony presented at the public hearing.

(2) The present cost methods and adequacy of providing drainage

district operations, services and works or improvements in the area.

(3) The proposed cost, extent and the necessity of any proposed or

existing drainage district operations, services and works or improvements

to be provided by the district which submitted the petition.

(4) The impact on the tax base of each drainage district and the ter-

ritory sought to be transferred if the transfer is approved or disapproved.

(5) The extent to which any services or benefits are provided to the

territory by the district which submitted the petition.

(6) The impact on the provision of drainage district operations, serv-

ices and works or improvements in the territory and in the remainder of

the district if the transfer is approved.

(7) Whether the proposed transfer will result in more efficient or

more adequate protection of the territory from overflow or damage and

injury resulting therefrom or will be conducive to the public health, con-

venience and welfare.

(8) Whether the district which submitted the petition is obligated to

operate or maintain dikes, levees or other flood control works previously

constructed by the United States army corps of engineers or other agen-

cies of the United States government in the territory.

(d) The board may continue the hearing beyond the time and date

specified in the notice without further notice. After the conclusion of the

hearing or any continuation thereof, the board shall render its decision.

If the board, by unanimous vote thereof, determines that the transfer of

the territory as described in the petition, or a lesser portion thereof,

should be approved, the board shall so find and approve the transfer. Any

order of the board approving or disapproving a transfer shall be spread

at length upon the journal of the proceedings of the board. The failure

to spread an order granting the transfer upon the journal shall not inval-

idate such order.

(e) If the territory is located in more than one county, the petition

shall be submitted to the board of county commissioners of each county.

The board of county commissioners of each county shall be required to

approve the transfer of any territory located in such county. The hearing

required by this section may be held jointly by the board of county com-

missioners of each affected county.

(f) Any owner of territory which is transferred pursuant to this section

or a drainage district aggrieved by the decision of the board of county

commissioners may appeal the decision of the board to the district court

of the same county in the manner and method set forth in K.S.A. 19-223,

and amendments thereto. Any drainage district appealing the decision of

the board shall not be required to execute the bond prescribed in K.S.A.

19-223, and amendments thereto. Nothing in this subsection shall be

construed as granting the owner of land in areas near or adjacent to the

territory which is transferred pursuant to this section the right to appeal

the decision of the board of county commissioners.

Sec. 4. Any balance of bonded indebtedness, including temporary

notes outstanding, shall remain a charge upon the territory which is trans-

ferred in accordance with the applicable provisions of K.S.A. 10-119, and

amendments thereto. The territory which is transferred shall not be liable

for any bonded debt, including temporary notes and no-fund warrants,

existing at the time of such transfer, of the district of which it shall become

a part.

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

publication in the statute book.

Approved May 29, 2002.


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Date Composed: 10/10/2002 Date Modified: 10/10/2002