24-639. District to be body politic and corporate; corporate name; general powers.
24-639
24-639. District to be body politic and corporate;corporate name; general powers.(a) A district organized under the provisions of K.S.A. 24-601 etseq., and amendments thereto, shallbe abody politic and corporate, and shall be known by the corporate name ofdrainage district number ______ of ________ county.
(b) The board of supervisors of the drainage district shall have the powerto:
(1) Adopt a seal;
(2) enter into contracts;
(3) hold real and personal property;
(4) sue and be sued;
(5) determine and fix the district boundaries;
(6) remove all obstructions from the channel of thewatercourse;
(7) commence and maintain suits against any and allpersons or corporations unlawfully maintaining dams or otherobstructions in the channel of the watercourse to compel the removalof the same;
(8) exercise the power of eminent domain as to all landsnecessary to the construction of cutoffs, spillways and auxiliarychannels in accordance with K.S.A.26-501 through 26-516, and amendments thereto;
(9) require that all bridges across the watercoursesshall be of sufficient length or that they shall be provided withsufficient trestle work to permit the unobstructed flow of the waters atflood time;
(10) construct cutoffs, spillways and auxiliary channelsacross railroads and highways, to compel the adequate bridging of thesame and to compel the raising of the grades ofthe railroads andhighways;
(11) levy an annual tax not to exceed five mills on theassessed valueof all tangible taxable property located within the district to constitutea general fund to meet theincidental expenses of the district.If the board determines that a higher tax levy isnecessary, it may adopt aresolution proposing to raise the limitation. Any proposed increase of the levylimitation shall be submitted for approval bythe qualified voters of the drainage district. Theelection shall be called and held in the manner provided by the general bondlaw. If a majority of the voters voting on the question votes in favor thereof,thelevy limitation may be increased;
(12) issue bonds and provide for the payment of thesame; and
(13) perform any other actsnot inconsistent with the provisions of K.S.A. 24-601 et seq., andamendments thereto.
(c) Nothing in this section shall be construed as exempting the drainagedistrict from the requirements of K.S.A. 24-126 and 82a-301 et seq.,and amendments thereto.
History: L. 1911, ch. 168, § 39;R.S. 1923, 24-639;L. 2001, ch. 76, § 2;L. 2004, ch. 78, § 1; July 1.