(a) At the time and place set for the hearing and consideration of the petition, the board of county commissioners shall ascertain (1) whether proper notice has been given as required by Kan. Stat. Ann. § 82a-623, and (2) whether the statements contained in the petition are true. If the statements contained in the petition are true and if a majority of the members of the board of the district to which attachment is desired do not object, the board of county commissioners shall enter into its minutes of such findings and shall set forth in said minutes a metes and bounds description of the new territory attached to said district. Thereafter owners of land located within the attached territory shall be entitled to subscribe to such benefit units upon such terms and conditions as the board in its discretion may provide. Any owner of land located within any territory attached to a district as provided by this act, who shall subscribe to one or more benefit units and comply with terms and conditions provided by the board, shall be entitled to the same rights as participating members are entitled to.

(b) When the petition has been signed by seventy-five percent (75%) of the landowners, the board of county commissioners shall ascertain whether the statements contained in the petition are true. If the statements contained in the petition are true and if a majority of the members of the board of the district to which attachment is desired do not object, the board of county commissioners shall enter into its minutes of such findings and shall set forth in said minutes a metes and bounds description of the new territory attached to said district.

Terms Used In Kansas Statutes 82a-624

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • District: means a rural water district organized pursuant to this act;

    (b) "board" means the governing body of a district;

    (c) the terms "board of county commissioners" and "county clerk" shall mean, respectively, the board of county commissioners and county clerk of the county in which the greatest portion of the territory of any existing or proposed rural water district is located;

    (d) "participating member" means an individual, firm, partnership, association or corporation and:

    (1) Which has subscribed to one or more benefit units of such district; or

    (2) which is charged a franchise fee for water service which is paid, either directly or indirectly through another water provider, to such district;

    (e) "chief engineer" means the chief engineer of the division of water resources, Kansas department of agriculture. See Kansas Statutes 82a-612