The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-03-28
Published in The Topeka State Journal
March g. 1911


SENATE BILL No. $50.
An Act authorizing municipalities of other
tricts and other public corporatfons o of
this state for the building and main
tenance of sewers, 6ikeS and levees and
Tor the d1verttng and improving of water
courses in watersheds extending into the
territorial limits of such municipalities,
drainage districts and public corpora
tons and prescribing the conditions
upon which such contracts shall take
effect. and providing method of COM
mencing suits against such foreign
municipalities.
Be it enacted by the Legislature of the
Section 1. Any municipal corporation of
any other state, whether organized under
border upon or are near to any of the
boundaries of this state is hereby per-
and other public corporations of this state
Tor cooperation or joint action in building
and maintaining dikes levees, sanitary
and storm sewers and in dfverting or i'm
proving water courses in watersheds ex
tending into the territorial limits of all
| the districts or corporations so contrac-
ting, and said municipality of such other
state may agree with such drainage dis
trict or other public CORPORATION of this
state as to the division between them of
the cost of building and maintaining such
sewers, bikes and levees and of diverting
or improving such water courses
Sec. p If such contract relates to the
building or maintaining of a. dixie, levee
such city or drainage district shall be a
party to the contract, and il outside of
any city Or drainage district, the county
the contract relates to the diversion of a
watercourse, every city, drainage. district,
initial point of diversion. through which
such watercourse flowed before the time
Of diversion or would flow after the time
OF diversion shall be a" party to the con-
tract.
Sec. 8. No contract mentioned in section
one of this act shall take effect be valid
until the foreign municipal corporation
who is party to it shall file with the
secretary of the state of Kansas its ire
vocable written consent that actions
against it arising out of such contract, or
out of acts or omissions connected with
brought against it by service of process
on the secretary of state and that such
service shall be taken and held to be as
! valid in all courts as a personal service
of summons would be. Such consent shall
be executed by the mayor or other head
officer and the clerk or secretary of such
foreign municipal corporation, and shall
| be accompanied by duly certified copy
Of the order. resolution or ordinance of
thereof authorizing the mayor or chief
| officer, and clerk or secretary, to execute
| the same.
! Sec. A. The summons provided for in
! section two shall be directed to the secre-
tary of state, and shall require the defend
ant to answer by certain day. not less
than forty days nor more than sixty days
from its date. 1t shall be forthwith for
warded by the clerk of the court to the
secretary of state, who shall Immediately
! forward copy thereof to the mayor or
/ cDleI officer or the municipal corporation
sued; and thereupon the secretary of state
] shall make return of said summons to the
court whence it is issued, showing the
date of its receipt by him, the date of for
Warding such copy, the name and address
of the person to whom he forwarded the
| copy, and the costs for service and return
thereof, which, shall be two dollars and
| fifty cents in each case. The return under
the hand and seal Of the secretary of state
shall have the same force and effect as a
due and sufficient return of personal ser
vice made by sheriff on process directed
! to him.
Sec s. This act shall take effect from
and after its publication in the official
state paper.
1 hereby certify that the above bill orig
| mated in the Senate, and passed that body
March LIST, 1911,
| House Amendments Concurred in March
| 10th, 1911.
| RICHARD J. HOPKINS,
President of the Senate.
| WALTER \. JOHNSON,
| Secretary of the Senate.
| Passed the House March 10th, 1911,
| G. H. BUCHANAN,
Speaker of the House
| EARL AKERS.
| Chief Clerk of the House.
! Approved March IA, 1911.
| Governor.
State of Kansas
| Office of the Secretary of State.
l. CHAS. H. SESSIONS, Secretary OF
State of the State of Kansas, do hereby
certify that the above and foregoing is
correct copy of the original enrolled bill
now on file in my office.
IN TESTIMONY WHEREOF, 1 have
hereunto subscribed my name
I ISeal1 and affixed my official seal
| this II day of March 1911
/ CHAS. H. SESSIONS,
Secretary of State.
/ BY l. T. BOTKIN.