24-130. Same; findings by county commissioners; transfer of territory or rejection of petition.
24-130
24-130. Same; findings by county commissioners; transfer ofterritory or rejection of petition.At the time set for the hearing of the petition as provided in K.S.A. 24-129,it shall be the duty of the board of countycommissioners to first ascertain and determine whether notice has beengiven of the time of hearing as required by this act, and, if it shallbe determined that such notice has been given, to make a declaration andfinding 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 theprayer of said petition and all other evidence that it may desire tohear for the purpose of ascertaining whether the statements in saidpetition are true; and if upon such hearing it shall be found that suchpetition is in conformity to the requirements of this act, and that theallegations thereof are true, then such board of county commissionersshall make a finding and decision to that effect, and shall thereupondeclare the territories described in the petition to be detached fromthe one drainage district, naming it, and to be attached to the otherdrainage district, naming it, and shall fix the date that such transfershall become effective; and if such board of county commissioners uponsuch hearing finds that such petition is not in conformity to this actor that the statements in such petition are not true or that saidtransfer should not be made then such board of county commissionersshall make a finding and decision to that effect and reject thatpetition. Such affirmative decision and order of the board of countycommissioners may provide for the transfer of all or part of theterritory described in the notice of hearing, but shall not include anyterritory not so described.
History: L. 1953, ch. 188, § 4; June 30.