Kansas Statutes 24-1240. White Clay watershed district property, contract and debt obligations transferred to city of Atchison
Terms Used In Kansas Statutes 24-1240
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Contract: A legal written agreement that becomes binding when signed.
- Property: includes personal and real property. See Kansas Statutes 77-201
- watershed: shall mean all of the area within the state draining toward a selected point on any watercourse, stream, lake or depression;
(i) "subwatershed" shall mean a division of the district as nearly equal in size to other divisions of the district as feasible and including as nearly as practicable one or more tributaries to the main stream which drains from the district;
(j) "qualified voter" shall mean any qualified elector of the district and any person 18 years of age or over owning land within the district, although not a resident therein;
(k) "landowner" shall mean 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;
(l) "steering committee" shall be the group of qualified voters, not less than the number to be chosen for the board of directors, who shall serve as the governing body of the proposed watershed district until the first board of directors is elected;
(m) "general plan" shall mean a preliminary engineering report describing the characteristics of the district, the nature and methods of dealing with the soil and water problems within the district, and the projects proposed to be undertaken by the district. See Kansas Statutes 24-1202
(a) Upon the dissolution of the White Clay watershed district, the city of Atchison shall acquire the property of the watershed district subject to any leases or agreements duly and validly made by the district. The city shall be responsible for the payment or retirement of any watershed debts or obligations. All property, funds and assets of the district shall be vested in the city of Atchison.
(b) The city shall be the successor in every way to the powers, duties and functions of the watershed district. Every act performed in the exercise of such transferred powers, duties and functions by the city shall be deemed to have the same force and effect as if performed by the watershed district.
(c) Whenever the watershed district, or words of like effect, are referred to or designated by a contract or other document and such reference is in regard to any of the powers, duties and functions transferred to the city of Atchsion, such reference or designation shall be deemed to apply to the city as the context requires.
(d) The city of Atchsion shall have the legal custody of all records, memoranda, writings, entries, prints, representations, electronic data or combinations thereof of any act, transactions, occurrence or event of the watershed district.
(e) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against the watershed district prior to its dissolution or by or against any officer of the district, prior to its dissolution in such officer’s official capacity or in relation to the discharge of such officer’s official duties, shall abate by reason of the governmental reorganization effected under the provisions of this act. The court may allow any such suit, action or other proceeding to be maintained by or against the successor of the district or any officer affected.