24-1215. Approval of bond issue by qualified voters of district required; notice; election procedures; tax levies for financing costs; resolution, publication; protest petition; election.

24-1215

Chapter 24.--DRAINAGE AND LEVEES
Article 12.--WATERSHED DISTRICTS

      24-1215.   Approval of bond issue by qualified voters of districtrequired; notice; election procedures; tax levies for financing costs;resolution, publication; protest petition; election.When any general plan and resolution of financing has been finallyadopted by the board, in accordance with the procedure set forth inK.S.A. 24-1214 and said resolution provides that all or any part of the cost of theworks of improvement is to be paid by the issuance of improvement bondsof the entire district, it shall be the duty of the board to submit thequestion of approval of said bond issue to an election of the qualifiedvoters of the district. Notice of the time and place and the purpose forwhich such election is to be held shall be given by one publication atleast twenty (20) days prior to the date fixed for such election. Exceptas hereinbefore provided, the said special election shall be held andconducted in the manner prescribed for conducting and holding electionsby K.S.A. 24-1207.

      If the resolution of financing provides that all or any part of thecost of the works of improvement is to be paid by the issuance ofimprovement bonds to be paid by special assessment against the landsespecially benefited by such project the board of directors shallproceed to determine the particular lands within the district upon whichspecial assessments are to be levied and it shall be the duty of theboard to submit the question of approval of the bond issue to anelection of the owners of said lands. Notice of the time and place andthe purpose for which such election is to be held shall be given by onepublication at least twenty (20) days prior to the date of suchelection. Except as hereinbefore provided the said election shall beheld and conducted in the manner prescribed for conducting and holdingelections by K.S.A. 24-1207: Provided, however, That if it is proposed to issueimprovement bonds to be paid partially by the entire district andpartially by lands especially benefited, it shall be the duty of theboard of directors to submit each question of approval separately ashereinbefore set forth: Provided further, That if said resolutionof financing proposes that all costs to the district shall be borne by ageneral tax levy and makes no provision for the issuance of bonds, andno election is thereupon held, it shall be the duty of the board topublish said resolution once in a newspaper of general circulationwithin the district and said resolution shall be in full force andeffect thirty (30) days after said publication unless petitions signedby landowners of the district in a number in excess of twenty percent(20%) of the landowners as determined by the verified enumeration filedwith the petition for organization are filed with the secretary of theboard.

      In the event such petitions are filed, it shall be the duty of theboard to submit the question of adoption of said resolution to thequalified voters of the district. Notice of the time and place and thepurpose for which such election is to be held shall be given by onepublication at least twenty (20) days prior to the date for suchelection. Except as hereinbefore provided the said special electionshall be held and conducted in the manner prescribed for conducting andholding elections by K.S.A. 24-1207.

      History:   L. 1953, ch. 477, § 15; L. 1955, ch. 201, § 9; L. 1957, ch. 266, §7; L. 1959, ch. 172, § 10; L. 1961, ch. 193, § 13; July 1.