Kansas Statutes 19-27a03. Creation of district by petition; contents; unsanitary conditions
Terms Used In Kansas Statutes 19-27a03
- board: means the board of county commissioners of the county in which the sewer district is located;
(b) "sewer district" means any wastewater, main, lateral, joint or submain storm or sanitary sewer district;
(c) "improvement" means any trunk lines, outfall or intercepting sewers, manholes, pumps, pumping stations, lift stations, disposal plants and any appurtenances and apparatus necessary for the collection, storage, treatment and disposal of storm or sanitary sewage and wastewater;
(d) "improve" means constructing, reconstructing, enlarging or extending any improvement;
(e) "sewage system" means any property owned by the sewer district or any property in which the sewer district has a property interest and any trunk lines, outfall or intercepting sewers, manholes, pumps, pumping stations, lift stations, disposal plants and any appurtenances and apparatus necessary for the collection, storage, treatment and disposal of storm or sanitary sewage and wastewater. See Kansas Statutes 19-27a01
- person: means any individual, firm, corporation, partnership, organization or other entity and departments of government of the state or of the United States and political subdivisions thereof;
(i) "user" means the owner of the land or the person in control of the premises that discharges or contributes any wastes, storm or wastewater to the sewage system. See Kansas Statutes 19-27a01
- Property: includes personal and real property. See Kansas Statutes 77-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(a) Subject to the provisions of Kan. Stat. Ann. § 19-270, the board of county commissioners of any county shall have the power to create a sewer district in the manner hereinafter provided whenever:
(1) A petition requesting the creation of a sewer district is filed with the board; or
(2) the secretary of health and environment or the local health officer determines and certifies to the board that unsanitary conditions exist or are expected to develop and which may be removed or prevented by the installation and utilization of sewers.
(b) Any petition requesting the creation of a sewer district shall be signed by the owners of at least 51% of the acreage of the land in the proposed district. The petition shall state:
(A) The boundaries of the improvement district;
(B) the nature of the improvement;
(C) the estimated cost of the improvement;
(D) the proposed method of assessment; and
(E) the proposed apportionment of cost, if any, between the district and any other sewer district operated and maintained by the governing body.
The petition also shall state that if the board of county commissioners determines the improvement project is not feasible that all costs and expenses of the work, including preliminary planning, engineering, legal and other preliminary work of skilled persons employed by the board shall be assessed against the property of persons signing such petition. Any person signing the petition who desires to withdraw such person’s name may do so by giving written notice to the county clerk on or before the date of the hearing on the petition. The petition shall be null and void after the board has determined not to create the district or after a period of two years from the date of the first signature on the petition, whichever occurs first.