reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 3 - Drainage Of Swamps, Bottoms Or Lowlands Within County › 24-302 Drainage ditch, drain or watercourse; maintenance and repair; tax levy, use of proceeds.

24-302.
Drainage ditch, drain or watercourse; maintenance and repair; tax levy, use of proceeds.
The county commissioners of any county which has or which shall construct a drainage ditch, drain or watercourse within said county are authorized hereby and empowered to levy a tax upon the taxpayers of the entire county sufficient to maintain and keep in repair said ditch, drain or watercourse and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county and the taxes collected from said levy shall be paid the same as other taxes.
History:
L. 1920, ch. 42, § 1; R.S. 1923, 24-302; L. 1979, ch. 52, § 136; July 1.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 3 - Drainage Of Swamps, Bottoms Or Lowlands Within County › 24-303 Petition to be filed; bond; notice to persons owning lands.

24-303.
Petition to be filed; bond; notice to persons owning lands.
That before the county commissioners of any such county shall take any steps toward locating or establishing any ditch, drain, or watercourse, there shall be filed with the county clerk a petition of one or more persons owning lands adjacent to the line of any such proposed ditch, drain, or watercourse, setting forth the necessity of the same, with a substantial description of its proposed starting point, route and terminus, and shall at the same time file a bond, with good and sufficient sureties to the acceptance of said county clerk, conditioned to pay all expenses incurred in case the county commissioners shall refuse to grant the prayer of the petitioner. And thereupon the county clerk shall give notice to the county commissioners of the filing and pendency of said petition, and said county commissioners shall immediately determine proceedings thereunder. And thereupon the petitioner or one of the petitioners shall cause notice in writing to be given to the owner or one of the owners of each tract of land sought to be affected by said proceedings, of the filing and pendency of said petition; said notice to state substantially the prayer of said petition, the time and place when and where the same will be for hearing by the said board of county commissioners, but nothing in this section shall be taken to prevent the petitioner from giving printed notices if he or they desire.
If any person owning lands sought to be affected by said proceedings be a nonresident of the county, a notice such as is contemplated by this section shall be given him by publication for two consecutive weeks in some newspaper published or of general circulation in said county. The death of any party or parties in interest shall not work an abatement of proceedings under this act; but the board of county commissioners, being notified, shall order such notice as is contemplated in this section to be given to the person or persons succeeding to the right of such deceased party or parties.
History:
L. 1886, ch. 161, § 2; February 24; R.S. 1923, 24-303.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 3 - Drainage Of Swamps, Bottoms Or Lowlands Within County › 24-305 Duties of county commissioners; eminent domain proceedings; assistance of engineer; adjournments.

24-305.
Duties of county commissioners; eminent domain proceedings; assistance of engineer; adjournments.
On the day set for the hearing of said petition, if it appear to the board of county commissioners that any person or persons who may be interested in said ditch have not been notified as required by this act, or that any requisite preliminary steps have not been taken, they shall adjourn to some future time, not exceeding twenty days, and order such notice to be given, or such preliminary steps to be taken. But if said county commissioners shall find that said bond has been filed and said notice given, they shall proceed to determine said petition, and if they deem it necessary, shall view the premises along such proposed route, and if they find such ditch, drain or watercourse to be necessary, and that the same is demanded by or will be conducive to the public health, convenience and welfare, shall institute proceedings to exercise the power of eminent domain in accordance with K.S.A. 26-501 to 26-516, inclusive, and after the determination of such proceedings shall proceed to locate and establish such ditch, drain or watercourse as conforms with the route described in the eminent domain proceedings. Said county commissioners, in hearing and determining said petition, shall call to their assistance an engineer to locate, level and measure the distance of such ditch, drain, or watercourse, and may adjourn from time to time to determine their proceedings herein; and the said county clerk shall enter a full and complete record of all such proceedings in the journal of the proceedings of the county commissioners of such county.
History:
L. 1886, ch. 161, § 4; R.S. 1923, 24-305; L. 1963, ch. 234, § 57; January 1, 1964.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 3 - Drainage Of Swamps, Bottoms Or Lowlands Within County › 24-306 Division into sections; performance of work; fees and costs; assessments.

24-306.
Division into sections; performance of work; fees and costs; assessments.
The said board of county commissioners, whenever they shall have established any such ditch, drain, or watercourse, shall divide the same into suitable sections, not less in number than the number of owners of land through which the same may be located, and shall also prescribe the time within which the work upon such sections shall be completed, and by whom done. And the said county commissioners shall assess and allow all the fees, costs and expenses of locating and establishing such ditch, drain, or watercourse, and shall apportion the payment of the same equitably among the parties to be benefited thereby. And the county commissioners may prescribe the time within which assessments shall be paid, and may, if they deem it necessary and convenient to the parties, direct the clerk to prepare, for the use of each person having costs to pay and labor to perform, a brief statement, in writing, describing briefly his, her or their apportionment of said ditch, together with the length, depth, and width, and place of the same, amount of costs assessed against such person, when to be paid, and by what time said work shall be completed.
History:
L. 1886, ch. 161, § 5; February 24; R.S. 1923, 24-306.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 3 - Drainage Of Swamps, Bottoms Or Lowlands Within County › 24-307 Penalty for obstructing ditch, drain or stream; damages.

24-307.
Penalty for obstructing ditch, drain or stream; damages.
Any person who shall willfully or maliciously fill up or obstruct any such ditch, drain, or watercourse, shall be guilty of a misdemeanor, and upon conviction, shall be fined in a sum not to exceed twenty-five dollars ($25), and shall moreover be liable for all damages that may accrue to any person or persons by such act or acts.
History:
L. 1886, ch. 161, § 6; R.S. 1923, 24-307; L. 1973, ch. 134, § 29; July 1, 1974.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 3 - Drainage Of Swamps, Bottoms Or Lowlands Within County › 24-313 Sale of work to lowest bidder.

24-313.
Sale of work to lowest bidder.
It shall be the duty of said county commissioners, upon the expiration of the time specified by them for the opening of such ditch, drain, or watercourse, and upon being satisfied by inspection and view that any section or sections of the same have not been completed, to sell such work by such sections to the lowest bidder by setting up written notices of such sale in at least three of the most public places of such county, specifying the time when such work shall be completed, said notices to be posted up for at least ten days before the day of sale; and said county commissioners shall take such bond or other security for the performance of such work, as they may deem proper; and such county commissioners shall make a fair and just estimate of the amount of costs made in all such proceedings, to be paid by each person interested in such proposed ditch, drain, or watercourse and collect the same as hereinafter provided, and pay out the same in conformity with such estimates.
History:
L. 1886, ch. 161, § 12; R.S. 1923, 24-313; L. 1963, ch. 234, § 58; January 1, 1964.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 3 - Drainage Of Swamps, Bottoms Or Lowlands Within County › 24-314 Commissioners to certify to county clerk the amounts due for sections sold; payment of such amounts; amounts placed on tax roll.

24-314.
Commissioners to certify to county clerk the amounts due for sections sold; payment of such amounts; amounts placed on tax roll.
Immediately after the sale of any such sections or parts of sections as provided for in K.S.A. 24-313, said board of county commissioners shall certify to the county clerk of said county the amount such section sold for, adding the proportionate amount of costs and expenses of such sale, together with a correct description of each piece of land; and said county clerk shall place the same on the tax roll, to be collected as other state and county taxes are collected. As soon as such work shall be completed in conformity with such sale, and to the satisfaction of said board of county commissioners, said board of county commissioners shall certify the amount due to each person to the county clerk of the county, and said county clerk shall draw orders for the payment of such amount out of the county treasury: Provided, That any person interested may pay the amount of the purchase money, and proportionate amount of costs and expenses as aforesaid, to said board of county commissioners at any time before the same are charged on the tax roll, to be paid by said board of county commissioners to the purchaser of such section or sections respectively.
History:
L. 1886, ch. 161, § 13; February 24; R.S. 1923, 24-314.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 3 - Drainage Of Swamps, Bottoms Or Lowlands Within County › 24-316 Corporation benefited to pay part of expense.

24-316.
Corporation benefited to pay part of expense.
That when any ditch, drain or watercourse, located and established under this act, crosses or drains, either in whole or in part, any public or corporated road, or any railroad, or benefits any or either of said roads, so that the roadbed or traveled track of any such road will be made better by the opening and construction of any such ditch, drain or watercourse, the board of county commissioners shall apportion and set off to the county, if a county road, or to the township, if a township road, or to the company, if corporated or a railroad, a portion of the costs and expenses, and also a portion of the construction thereof, the same as private individuals, and in proportion to the benefits conferred by said ditch, drain and watercourse on such roads, and compel them to pay said costs and perform said labor in like manner.
That if any public or corporated road, or any railroad, whose roadbed or traveled track is benefited by the opening and constructing of any such ditch, drain, or watercourse, shall fail to pay the costs and expenses assigned to them, or fail to procure the cutting and opening of such ditch, drain, or watercourse on that section or portion assigned and set off to them respectively by the board of county commissioners as hereinbefore provided, as in the case of individuals, after due notice upon the person designated by any such corporation or railroad to accept service for such corporation or railroad, and in the manner and time specified in this act for such service, or on individuals, the board of county commissioners shall in that event proceed in the same manner and form as in this act provided for the collection of such costs and expenses against private individuals; and upon completion of the work, and acceptance as hereinbefore provided, the county commissioners shall certify the amount due for the performance of said work to the county clerk of such county, and said amount shall be placed upon the tax roll of such county by the clerk thereof, against said corporated road or railroad benefited by the cutting and opening of said portion or section of said ditch, drain, or watercourse, to be collected as other state and county taxes are collected.
History:
L. 1886, ch. 161, § 15; February 24; R.S. 1923, 24-316.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 3 - Drainage Of Swamps, Bottoms Or Lowlands Within County › 24-317 Act does not repeal K.S.A. 24-201 through 24-215.

24-317.
Act does not repeal K.S.A. 24-201 through 24-215.
This act shall not repeal or in any way render inoperative, the whole or any part of a similar act passed by the legislature of this state, which went into effect March twenty-sixth, eighteen hundred and seventy-nine.
History:
L. 1886, ch. 161, § 16; February 24; R.S. 1923, 24-317.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-401 Organization of drainage districts; duties of board of county commissioners.

24-401.
Organization of drainage districts; duties of board of county commissioners.
Subject to the provisions of K.S.A. 19-270, the boards of county commissioners of the several counties in this state shall have power and it shall be their duty, upon a proper petition being presented for that purpose, to incorporate and organize drainage districts within their respective counties, in the manner hereinafter provided.
History:
L. 1905, ch. 215, § 1; R.S. 1923, 24-401; L. 1986, ch. 70, § 26; May 15.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-402 Lands within cities may be included in drainage district.

24-402.
Lands within cities may be included in drainage district.
That any drainage district may include lands within the county subject to overflow from the same natural watercourse, whether the same be situated partly within and partly without or wholly within or without any incorporated city: Provided, That no territory, within any incorporated city, located in any county having an assessed tangible valuation of more than one hundred fifty million dollars shall be included within any drainage district unless the consent of the governing body of such city to the inclusion of such territory shall first be obtained.
History:
L. 1905, ch. 215, § 2; R.S. 1923, 24-402; L. 1947, ch. 242, § 1; June 30.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-403 Petition for organization of drainage district; definitions.

24-403.
Petition for organization of drainage district; definitions.
(A) That the petition for the incorporation and organization of a drainage district shall be addressed to the board of county commissioners of the county in which the lands which it is proposed shall constitute the district are situated. The petition shall describe the territory proposed to be so incorporated by sections or subdivisions of sections, according to the government survey, or by metes and bounds, and state that the lands and property therein embraced are subject to injury and damage from the overflow of some natural watercourse, naming or describing it; that the improvement of the channel of such watercourse, the construction and maintenance of levees, drains or other works, including detention dams and reservoirs, are necessary to prevent such overflow; and that such improvement or works will be conducive to the public health, convenience, or welfare. And such petition shall contain a prayer that all of the territory within the boundaries defined in the petition be incorporated as a drainage district, under the corporate name to be therein designated. If any lands to be included in said district lie within the limits of any city or town, it shall be sufficient to describe same by their appropriate number as lots or blocks or parts of lots or blocks.
(B) Whenever the term: (a) "other improvements"; (b) "other works or improvements"; (c) "any work to be done"; (d) "other works to prevent overflow"; (e) "existing improvements"; (f) "other works"; or any terms or words of like import are used in the act of which this section is amendatory, and when used in any act supplemental to or amendatory of said act, commonly known as the drainage act of 1905, such terms shall be construed to include and mean, but not limited to, detention dams and reservoirs constructed in areas adjacent to watercourses.
History: L. 1905, ch. 215, § 3; L. 1909, ch. 132, § 1; R.S. 1923, 24-403; L. 1951, ch. 262, § 1; June 30.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-403a Inclusion of land located in other benefit districts.

24-403a.
Inclusion of land located in other benefit districts.
Any land located within an improvement district created pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or any land located within an industrial district created pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall not be included within the boundaries of any drainage district created pursuant to K.S.A. 24-401 et seq., and amendments thereto, unless the governing body of such improvement district or industrial district approves the inclusion thereof.
Nothing in this section shall be construed as providing a procedure for the detachment or deannexation of land located within the boundaries of a drainage district.
History:
L. 1997, ch. 143, § 13; May 8.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-404 Time and notice of hearing.

24-404.
Time and notice of hearing.
Whenever a petition in conformity to the provisions of K.S.A. 24-403, signed by not less than two-fifths of the taxpayers residing within the boundaries of the proposed district, or signed by the record owners of not less than fifty-one percent (51%) of the land within the boundaries of the proposed districts, shall be presented to the board of county commissioners of any county, praying that a drainage district be incorporated and organized, it shall be the duty forthwith of such board of county commissioners to fix a time for the hearing of such petition, and to cause the county clerk to give notice thereof by one publication in some newspaper published and of general circulation in the county at least five (5) days before the day fixed for the hearing.
History:
L. 1905, ch. 215, § 4; R.S. 1923, 24-404; L. 1971, ch. 123, § 1; July 1.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-405 Hearing of petition; corporate name; perpetual succession.

24-405.
Hearing of petition; corporate name; perpetual succession.
That at the time set for the hearing of the petition, as provided in the next preceding section, it shall be the duty of the board of county commissioners to first ascertain and determine whether notice has been given of the time of hearing as required by this act, and, if it shall be determined that such notice has been given, to make a declaration and finding of that fact and cause the same to be entered upon its records, and thereupon to hear all persons in favor or opposed to granting the prayer of said petition and all other evidence that it may desire to hear for the purpose of ascertaining whether such petition contains the proper number of signers possessing the qualifications prescribed by this act, and whether the statements in said petition are true; and if upon such hearing it shall be found that such petition is in conformity to the requirements of this act, and that the allegations thereof are true, then such board of county commissioners shall make a finding and decision to that effect, and shall thereupon immediately declare the territory described in the petition to constitute a public corporation, and the inhabitants within such bounds to be incorporated as a drainage district under the name of "The ____ drainage district, _____ county, Kansas" (inserting the name designated in the petition and the name of the proper county), and thenceforth the said territory and the inhabitants residing therein and their successors shall constitute a body politic and corporate under said corporate name, and shall have perpetual succession.
History:
L. 1905, ch. 215, § 5; February 25; R.S. 1923, 24-405.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-406 Record of organization; first election; description of lands.

24-406.
Record of organization; first election; description of lands.
That it shall be the duty of the board of county commissioners incorporating any drainage district under the provisions of this act to cause an entry to be made upon its records showing all of its declarations, findings, decisions and orders made pursuant to the preceding sections, which entry shall define the limits of the drainage district to be so incorporated in conformity to the description contained in the petition, and such entry shall fix the time and place of holding the first election to choose such officers of such drainage district as are hereinafter required to be elected, and designate five taxpayers residing within said district, three to act as judges and two to act as clerks of such election; and all declarations, determinations, findings, decisions and orders of such board of county commissioners so entered of record shall be conclusive on all persons, so that no matter or fact so determined shall ever be disputed by anyone, and such record, or a properly authenticated copy thereof, shall be conclusive evidence in all courts of the matters therein recited and of the corporate existence of such drainage district: Provided, That the fact that the lands described in drainage districts heretofore incorporated under the provisions of said chapter 215 are described by sections or subdivisions of sections, according to the government survey, or as lots or blocks or parts of lots or blocks, by their appropriate number, shall not invalidate said petitions or invalidate the orders of the board of county commissioners incorporating such districts.
History:
L. 1905, ch. 215, § 6; L. 1909, ch. 132, § 2; April 3; R.S. 1923, 24-406.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-408 Powers of districts incorporated under law of 1905.

24-408.
Powers of districts incorporated under law of 1905.
All drainage districts incorporated under the provisions of chapter 215 of the Session Laws of 1905, shall have power:
First, to take from any navigable river within their corporate limits, sand, gravel, rock, or other minerals, without the payment to the state of any compensation therefor, and sell the same and use the proceeds in the construction or maintenance of levees, or river walls, or for dredging, or other improvements authorized to be made or maintained by such districts.
Second, to construct and maintain streets upon, along, adjoining or over any river wall, dike or levee, and approaches thereto from adjacent or intersecting streets, and to contract with any city or other municipal corporation in which the same may be situated, or with any private corporation or person, for the making of such improvements, or for the payment of a portion of the cost thereof, and to levy taxes and issue bonds in accordance with and subject to the provisions of chapter 215 of the Session Laws of 1905, and acts amendatory thereof, to pay the cost of such improvements.
Third, to contract or otherwise co-operate with any city or other municipal corporation in which the same may be situated, or with any corporation or person, for the construction of flood control works and for the acquiring of rights of way therefor and for the maintenance, repair or operation thereof, and for the construction and maintenance of sewers, drains or ditches for the drainage of any drainage district or portion thereof, or to prevent the same from being overflowed by surface water from adjoining lands, and to levy taxes and issue bonds in accordance with and subject to the provisions of chapter 215 of the Session Laws of 1905, and acts amendatory thereof, to pay for the cost of such improvements.
History: L. 1917, ch. 173, § 1; R.S. 1923, 24-408; L. 1955, ch. 199, § 1; April 8.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-408a Sanitary sewers of district; bonds.

24-408a.
Sanitary sewers of district; bonds.
If the board of directors of any drainage district incorporated under the provisions of chapter 215 of the Session Laws of 1905, and amendments thereto, shall find and determine by resolution that the sanitary sewers of such drainage district are inadequate to meet the standards of the secretary of health and environment and that the alteration, enlargement, extension, improvement, construction, reconstruction, development or redevelopment of such sewers, including sewage treatment and disposal plants, facilities, interceptor and outfall sewers, are necessary and in the interest of public health and welfare, such board shall employ a competent engineer to make a report on the work necessary to be done and an estimate of the cost thereof, which said report and estimate shall be filed in the office of the secretary of such board.
Thereupon the board of directors of said drainage district shall examine and consider such report and estimate, and if said board shall determine that the proposed work should be done, the board shall so find by resolution and shall file with the secretary copies of the resolutions adopted by said district board and a copy of said engineer's report and estimate, and shall request said secretary to approve said report and estimate. Said secretary shall thereupon examine and consider such report and estimate, and if the secretary shall find and determine that the sanitary sewers of such drainage district are inadequate to meet the standards of the secretary of health and environment and that it is necessary and in the interest of public health and welfare that the work described in said engineer's report be done, the secretary shall approve said report and estimate, and thereupon the drainage district shall have power to do such work and to enter into contracts therefor and to pay the cost thereof, except that no sewage treatment or disposal plant shall be constructed inside a city limits or for the treatment of city sewage by a drainage district without the written approval of the governing body of a city. For the purpose of paying such cost such drainage district shall have power to issue the bonds of said district under any statute applicable to such district authorizing the issuance of bonds by such district.
History: L. 1961, ch. 195, § 1; L. 1975, ch. 462, § 36; July 1.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-409 Board of directors; members' qualifications and terms.

24-409. Board of directors; members' qualifications and terms.
(a) All powers granted to drainage districts incorporated under the provisions of this act shall be exercised by a board of directors consisting of three persons. Except as provided in K.S.A. 24-412 and K.S.A. 24-139a, and amendments thereto, the directors shall hold their offices for four years and until their successors are elected or appointed, as the case may be, and qualified, and shall be chosen at the time and in the manner provided by law.
(b) Members of the board of directors shall be owners of land located in the drainage district and shall reside in the county in which the district is located or, if the district is located in more than one county, a county in which any portion of the district is located, except:
(1) If there are no residents within the drainage district who are owners of land within the district, any owner of land located within the district shall be a qualified voter and shall be eligible to hold the office of director; and
(2) a director shall be either an owner of or a tenant on land located within the drainage district whenever: (A) The drainage district is located within one county and the population of the county does not exceed 10,000; or (B) the drainage district is located in more than one county and the population of any such county does not exceed 10,000.
History:
L. 1905, ch. 215, § 8; L. 1911, ch. 169, § 1; L. 1913, ch. 184, § 7; R.S. 1923, 24-409; L. 1927, ch. 197, § 1; L. 1959, ch. 169, § 1; L. 1979, ch. 103, § 1; L. 1981, ch. 162, § 1; L. 1997, ch. 143, § 3; L. 2006, ch. 19, § 1; L. 2006, ch. 207, § 5; L. 2011, ch. 112, § 15; July 1.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-410 Who may vote at elections; definitions.

24-410.
Who may vote at elections; definitions.
Within five days after any drainage district shall have been incorporated, the county clerk shall ascertain the qualified electors of such district, and deliver a certified list of the same to one of the persons appointed as judges of the first election to be held in the district, and at such election only persons who are qualified electors shall be permitted to vote. Any person desirous of voting, whose name does not appear on such list, of qualified electors may proceed to the county clerk and such county clerk may administer oaths and affirm witnesses to determine the right of anyone to vote who may claim that he has been erroneously omitted from such list, and if the county clerk issues a certificate entitling the voter thereof to vote, such certificate shall be accepted by the judges and clerks of election.
"Qualified elector" means any qualified elector of the district and any person eighteen (18) years of age or over owning land within the district, although not a resident therein, or owning tangible personal property within the district and having residence within such district.
"Owning land within the district" means the record owner of the fee in any real estate in the district or the fee in the surface rights of any real estate in the district, but the owners of an oil and gas lease, mineral rights or interest, easements or mortgages as such shall not be considered landowners, and school districts, cemetery associations and municipal corporations shall not be considered landowners.
History:
L. 1905, ch. 215, § 9; R.S. 1923, 24-410; L. 1935, ch. 169, § 1; L. 1972, ch. 124, § 1; L. 1972, ch. 125, § 1; July 1.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-412 Elections of directors, when; term of office.

24-412. Elections of directors, when; term of office.
(a) An election to choose three directors in each district shall be held on the Tuesday following the first Monday in November of 2017, and an election shall be held each four years thereafter, on the Tuesday following the first Monday in November, to choose directors. Any director elected in any district in 2015 shall hold such office until such successor is elected and qualified.
(b) On and after January 1, 2012, the board of directors of drainage district No. 2 of Finney county, Kansas, shall be elected as provided in K.S.A. 24-139a, and amendments thereto.
History:
L. 1905, ch. 215, § 11; L. 1913, ch. 184, § 2; R.S. 1923, 24-412; L. 1979, ch. 103, § 2; L. 1980, ch. 107, § 1; L. 1981, ch. 162, § 2; L. 2011, ch. 112, § 16; L. 2015, ch. 88, § 24; July 1.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-412a Directors' names and district description to secretary of state.

24-412a.
Directors' names and district description to secretary of state.
Within 30 days following the election held pursuant to K.S.A. 24-412, as amended, the county election officer of the county where the drainage district is located shall transmit to the secretary of state on forms provided by the secretary of state, the names of the newly elected directors for each drainage district and a geographical description of each such district.
History:
L. 1981, ch. 162, § 4; July 1.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-413 Vacancy in office of director.

24-413.
Vacancy in office of director.
That should a vacancy occur at any time in the office of a director of any drainage district, the remaining directors shall appoint from the qualified residents in said district a person to hold the office of director until the next election.
History:
L. 1905, ch. 215, § 12; February 25; R.S. 1923, 24-413.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-414 Manner of nomination and election of directors; filing fee; election boards; notice of election; who entitled to vote; election expenses.

24-414. Manner of nomination and election of directors; filing fee; election boards; notice of election; who entitled to vote; election expenses.
(a) Elections to choose directors shall be conducted, the returns made and the results ascertained in the manner provided by law for general county elections except as otherwise provided by law, and any qualified person desiring to be a candidate for director shall file a candidate's declaration of intention in the manner provided in K.S.A. 25-21a03, and amendments thereto, and K.S.A. 25-205, and amendments thereto, accompanied by a filing fee of $20, with the county election officer of the county wherein the district is located, and the election officer in making up the ballots. The county election officer shall remit such filing fees to the county treasurer for deposit in the county general fund. The county election officer shall cause to be ascertained the names of all persons within the district who are also qualified electors, and shall furnish lists thereof to the judges of the election.
(b) Notice of the time and place of holding each election, shall be published in a newspaper published in the county in accordance with procedures established in K.S.A. 25-105 and 25-209, and amendments thereto, and posted in a conspicuous place in the office of the board of directors at least five days before the holding thereof. At all elections and meetings held under the provisions of this act, only persons who are qualified electors shall be entitled to vote. In counties having a population of more than 150,000, at all elections and meetings held under the provisions of this act, only persons who are taxpayers and residents of the district who are qualified electors shall be entitled to vote. All election expenses shall be paid for out of the general fund of the drainage district. Election officials shall receive the same compensation as provided under the general election laws.
(c) As used in this section, "taxpayer" means any person who owns any real property or tangible property within the district who pays taxes assessed on such property.
History:
L. 1905, ch. 215, § 13; L. 1913, ch. 184, § 3; R.S. 1923, 24-414; L. 1935, ch. 170, § 1; L. 1953, ch. 190, § 1; L. 1957, ch. 224, § 1; L. 1971, ch. 124, § 1; L. 1972, ch. 125, § 2; L. 1981, ch. 162, § 3; L. 2004, ch. 161, § 1; L. 2012, ch. 122, § 2; L. 2015, ch. 88, § 25; July 1.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-416 Meetings of board.

24-416.
Meetings of board.
(a) The board of directors shall meet at least once each year. At such meeting, the board shall adopt a resolution stating the time, date and place of all regular meetings of the board. The resolution also shall state that if the regular meeting date occurs on a Sunday or on a legal holiday or a holiday specified by the board, the meeting shall be held at the same time and place on the next day following the holiday. The resolution shall be published once each week for two consecutive weeks in a newspaper of general circulation in the county in which the district is located. Meetings may be held on the call of the chairperson or at the request of a majority of the members of the board. Written notice of any special meeting shall be given to members of the board at least two days in advance of the meeting. The notice shall specify the time, place and purpose of the special meeting.
(b) A majority of directors shall constitute a quorum for the transaction of business, and in the absence of the presiding officer or secretary a quorum at any meeting may select a presiding officer and a secretary pro tem. All meetings shall be open to the public and no meeting shall be held by the board or any of the members thereof to which the public is denied admission and the board shall not at any time go into executive session.
History:
L. 1905, ch. 215, § 15; L. 1913, ch. 184, § 5; R.S. 1923, 24-416; L. 1983, ch. 118, § 7; July 1.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-417 Engineer; plans and specifications.

24-417.
Engineer; plans and specifications.
That the board of directors may appoint or employ one or more engineers and prescribe their duties, and may cause all such surveys, plats, estimates, specifications and reports to be made as may be required to determine whether the construction of any levee is necessary to prevent the overflow of any natural watercourse or other work or improvement should be done within the district, or to determine and fix the height and location of any pier, bridge or other structure permitted to be placed in or across such watercourse, or to direct and supervise any work or improvement ordered to be made.
History:
L. 1905, ch. 215, § 16; February 25; R.S. 1923, 24-417.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-418 Improvements authorized; estimate; construction; bonds; election.

24-418.
Improvements authorized; estimate; construction; bonds; election.
The board of directors may cause any or all natural watercourses within the district to be widened and deepened, walls, embankments and levees to be constructed along the banks, and obstructions and sand bars to be removed from the channel thereof, or such other improvements, including detention dams and reservoirs in areas adjacent to such watercourses, to be made thereto as may be deemed necessary to prevent the overflow of such watercourses or protect property from damage thereby. Before any such work shall be contracted for, plans and specifications for such work and an estimate of the cost thereof shall be made under oath by a competent engineer appointed for the purpose and embodied in a written report and filed with the secretary. If, upon consideration of such report and such other information as the board of directors may obtain, it shall be determined by the board of directors that the improvement of any natural watercourse by the removal of obstructions from the channel thereof or otherwise or the construction of any levee, levees, system of levees or detention dams and reservoirs will prevent the overflow of such natural watercourse, and thereby protect all of the lands within the drainage district from injury therefrom, and will be conducive to the public health, convenience or welfare, the board of directors shall have power to cause such levee, levees or such detention dams and reservoirs to be constructed and such other improvement and work to be done, and to issue bonds not exceeding in amount 20% on the taxable property of the district as shown by the assessment and tax rolls of the next preceding year to pay the cost thereof, such bonds to be paid by a general tax to be levied upon all of the taxable property within the drainage district issuing the same, except that: (1) Such improvement shall not be made until it has been authorized by a vote of the taxpayers of the district, at a special election to be called and held for that purpose at such time and place and in such manner as the board of directors may prescribe by an order entered upon its journal; and (2) the board of directors of the drainage district shall have no power to remove, lower or injure any dam constructed by any city in this state in or across any nonnavigable natural watercourse for the purpose of holding or storing water for the use of the city and its inhabitants, or to make any excavation or ditch to permit the flow of water around or by said dam, without first filing an application with the division of water resources of the Kansas department of agriculture pursuant to K.S.A. 82a-301, and amendments thereto.
History:
R.S. 1923, 24-418; L. 1951, ch. 262, § 3; L. 1975, ch. 427, § 64; L. 1995, ch. 116, § 8; L. 2004, ch. 101, § 70; July 1.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-419 Board to determine work to be done; surveys; estimates; reports.

24-419.
Board to determine work to be done; surveys; estimates; reports.
That the board of directors, subject to the limitations contained in the next preceding section, shall have power and it shall be its duty to determine what work is necessary to be done, levees constructed or other improvements made to protect its district from overflow or damage and injury resulting therefrom, and whether the cost thereof shall be defrayed by issuing bonds to be paid by the levy of general taxes or by the levy of special taxes or assessments; but before any bonds shall be issued, special taxes levied or liability of any kind incurred by it, the board of directors shall cause accurate surveys of all work deemed necessary by it to be done, and accurate estimates and calculations to be made by some competent engineer, who shall make a written report thereof, showing the amount, character and kind of work to be done and the location and probable cost thereof, and return and file the same, with all plans and specifications, in the office of its secretary, which report shall at all times be open to public inspection.
History:
L. 1905, ch. 215, § 18; February 25; R.S. 1923, 24-419.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-420 Action of board on engineer's report; special election; issuance of bonds.

24-420.
Action of board on engineer's report; special election; issuance of bonds.
That upon the filing of the engineer's report provided for in the next preceding section, the board of directors shall carefully examine and consider the same, and if they shall approve the same and determine that the proposed work or any part thereof ought to be done, and the cost defrayed by issuing bonds to be paid by general taxation, and the estimated cost thereof does not exceed the amount for which such bonds may be issued, then the board of directors shall proceed forthwith to call a special election as hereinafter provided to vote upon the question of issuing such bonds, and if such issue of bonds be authorized by the electors, then the board of directors shall cause such work to be done and issue bonds to pay the cost thereof.
History:
L. 1905, ch. 215, § 19; February 25; R.S. 1923, 24-420.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-421 Change of channel of natural watercourse; issuance of bonds; levy of assessments.

24-421.
Change of channel of natural watercourse; issuance of bonds; levy of assessments.
That if the board of directors shall determine that it is necessary or advisable to alter, change or relocate the channel or any part of the channel of any natural watercourse within the district, to make or excavate a cutoff or a new channel therefor, it may cause such work to be done, and, to pay for the cost of such work, issue bonds to be paid by general taxation or by levying of special assessments upon the property benefited in the manner herein provided.
History:
L. 1905, ch. 215, § 20; February 25; R.S. 1923, 24-421.
2023 Kansas Statutes › Chapter 24 - Drainage And Levees › Article 4 - Drainage Districts Within Counties Or Cities › 24-423 Same; meeting of taxpayers, when; notice; vote.

24-423.
Same; meeting of taxpayers, when; notice; vote.
That if it shall appear by the assessors' report to be made as provided in the next preceding section that the amount to be charged against any tract of land for benefits will exceed ten percent upon its actual value as fixed by such report, then the board of directors shall forthwith call a meeting of all taxpayers whose property will be benefited by the proposed work, as shown by the assessors' report, and submit to such meeting the question as to whether such improvements shall be made or not. If a majority of such taxpayers voting at such meeting shall vote against the making of such improvement it shall not be made, but if a majority of such taxpayers voting at such meeting shall vote in favor of the making of such improvement, the board of directors may cause the same to be made and levy special taxes or assessments in accordance with the report of the assessors to pay the same.
The board of directors shall cause its secretary to give notice of such meeting by one publication in some newspaper printed in the county, five days before the day fixed therefor. The president of the board of directors shall preside at such meeting and the secretary of the board of directors shall act as its secretary, and shall make, sign and file in his office a report of its proceedings. In the absence of either president or secretary, those present may choose a president or secretary pro tem. Only taxpayers shown by the report of the assessors shall be entitled to vote at such meetings.
History:
L. 1905, ch. 215, § 22; February 25; R.S. 1923, 24-423.