The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-03-27
LEGAL.
Published in The Topeka state Journal,
March n, 1911

courses, providing for the protection
eontroi. removing of distractions from,
/ S1cavating cutoffs, spillways and aux
| liary cnanneis, and providing for the
Sare and maintenance of the same. in
these ends providing for the organiza-
tlon of public corporations to be known
as drainage districts, and prescribing
the duties and defining the powers of
| such public corporations.
De II enacted by the Legislature of the
| State of Kansas:
section I. For the purpose of increasing
watercourse by clearing it of ali obstruc-
.lolS excavatlng cutoffs. spillways and
/, nuHliia ar enannels drainage district
natural watercourse in Kansas, in the
| manner hereinafter provided
| sec z Whenever a petition describing
| TIE upper and lower boundaries of any
| proposed drainage district, and containing
I the names of at least tWo-fifths of the
owners of the acreage of such district
resident in Kansas whose lands in whole
(, or IN part are included within the pro-
posed drainage district, shall be presented
| 10 the board of county commissioners of
| the county in which such lands are To-
Incorporated and organized under the pro-
VISIONS of this act, it shall be the duty
| missioners to fix a time for the hearing
! OF such petition, and to cause the county
clerk to give notice thereof by one publ
catlon IN some newspaper published and
| of general circulation in the county at
least five days before the day fixed for
the hearing.
See. 3. That at the time fixed for the
nearing of the petition provided in the
next preceding section, it shall be the duty
| of the board of county commissioners first,
to ascertain and determine whether notice
| has been given of the time of hearing as
required by this act, and if it shall be de-
/ term1ned that such notice has been given
| 10 make declaration and finding of that
| 1act and cause the same to be entered
| upon its records, and thereupon to hear all
persons in favor of or opposed to grant
other evidence that it may desire to hear
for the purpose of ascertaining whether
.trair,
| OF signers possessing the qualifications
prescribed by this act, and whether the
| if upon such hearing it shall be found that
such petition is in conformity to the
of county cornmissoners sne shall spe n,a Ioaia
| declaration and finding to that effect, and
snaA thereupon, without unnecessary de-
| lay, report said findings to the secretary
of state.
Sec. 4. Whenever a majority of the
counties to be included within the pro-
posed drainage district have reported in
favor, of the organization of said drain
age district, under the provisions of this
such fact to the governor of Kansas, who
shall forthwith declare by suitable procIa-
petition and set forth in the reports of
said commissioners to constitute a public
| lands within such bounds, and resident
within the state of Kansas, to be incor-
name designated In said petition, and
thenceforth the said territory and the
freeholders thereof, who are residents of
the state of Kansas, and their successors,
| shall constitute a body polite and cor
porate under said corporate name and
| snail have perpetual succession. In said
proclamation the governor shall designate
| the last Tuesday of the next succeeding
calendar month following the issuing of
said proclamation which election
| shall be held in each of the counties to
| be included within the proposed drainage
district for the purpose of eiecting direc-
tors of said corporation, in number and
| in manner hereinafter provided. The sec
rot of M Ia M
and complete records of the organization
of all drainage districts organized under
the provisions of this act, showing the
findings and decisions of the boards of
county commissioners and all of the acts
organization thereof. true and correct
| copy of which he shall forward to the
| in five days after the issuing of the gov
ernor's proclamation provided for in this
section and they shall spread the same
Sec.-5 At their first meeting following
the date of the governors proclamation
above provided for, the board of county
commissioners of each of the counties to
be included within the drainage district
| aforesaid shall designate place or places
for the holding of the election provided
for in said proclamation and shall name
| be resident freeholders of said district.
Sec: g. The powers herein granted granted shall shall
| Sisting of one person for each county in
said district. if the number of counties be
then there shall be additional director
at large; provided, that if the drainage
county. then the number of directors shall
| be three. Said directors shall be Tree
whose lands in whole or in part shall be
included within said district, who shall
hold their offices for the term of three
years and until their successors are
elected and qualified, and who shall be
chosen at the time and in the manner
hereinafter specified.
Sec Z Within five days after receiving
notice of the incorporation of any drain
age district the county clerk shall ascer-
ceding year the names of all freeholders
resident in Kansas whose lands in whole
or in part may be included within said
district and deliver a certified list of the
same to one of the persons appointed as
the district, and at such election, and at
all other elections held under this act,
!. of age and are freeholders resident in
| Kansas. whose lands in whole or in part
, are within the district; shall be permitted
! within which their lands are located; but
no discrimination shall be made on ac-
count of sex. The list SO furnished by the
| county clerk shall not be conclusive, but
the judges of the election may administer
oaths and examine witnesses to determine
the right of any one to vote who may
| claim that he has been enormously
| omitted from such list
Sec. S. The ballots for the first election
! herein provided for shall be furnished by
the county. and the county clerk is hereby
| instructed to place as candidates on said
ballots the names of such electors, as
defined in the next preceding section, as
may be nominated for the office of di-
rector by petition signed by not less than
five electors of the county entitled to vote
at said election, and accompanied by the
written consent of the freebooter SO nom
mated to become a candidate for such
| office and if there is to be elected a di-
rector at large, hereinbefore provided;
he shall be nominated by petition signed
| by not less than ten electors, and such
petition together with his written consent
to become a candidate for said office.
shall be filed with the clerk of each of the
counties in said drainage district. All
nominating petitions shall be filed with
| said clerks at least ten days prior to the
date set for said election. At all sue
ceeding elections for directors the candi-