12-802: Same; bond election.
Whenever the governing body of any such city shall desire to procure
authority for the issuance of bonds under the terms of this act, they shall
pass an ordinance directing the calling of an election for the submission
of the question to the electors thereof, which election shall be held
according to law.
History: R.S. 1923, § 12-802; Dec. 27.
12-803: Same; bond limitation.
No bonds in excess of fifteen percentum of the assessed valuation of
tangible property in such city shall be issued under the authority of
K.S.A. 12-801 and 12-802, and such bonds may be issued by any city without
regard to the statutory limitations of bonded indebtedness of such city and
shall not be included in computing the total bonded indebtedness of such
city within the meaning of other statutes limiting such bonded
indebtedness.
History: L. 1905, ch. 101, § 4; R.S. 1923, § 12-803; L. 1951, ch. 133, § 1;
March 26.
12-803a: Street-railway or bus department, when; use of revenues.
In any city which has acquired prior to the effective date of this act
or thereafter acquires, as provided by law, any street-railway system or
bus system, the governing body shall by ordinance create a street-railway
or bus department, provide for the superintendent and such other officers
and employees as may be necessary for the proper management and operation
thereof, and provide for their compensation.
All revenues of said department and all revenues of said street-railway
or bus system shall be used to pay the costs and expenses of operating said
system, for the purchase of necessary equipment, and for providing
improvements to such system, and any of such revenues not needed for such
purposes, as determined by the governing body of the city, shall be used to
help retire and pay interest on any bonds issued under K.S.A. 12-803c and
on any bonds issued to acquire such system.
Whenever any part of such revenues for any year is not needed for any of
the above-stated purposes, as determined by the governing body of the city,
such surplus revenue may be transferred by said governing body and merged
into the city's general operating fund or the city's general revenue fund.
History: L. 1953, ch. 73, § 1; June 30.
12-803b: Street-railway or bus system; tax levy, use of proceeds.
The governing body in any city operating a street-railway system or bus
system shall levy annually at the time when other taxes are levied a
sufficient tax to pay for the necessary costs and expenses of operating
said system and for the purchasing of necessary equipment and
improvements therefor only in the event the revenue and income derived
from such system are insufficient for such purposes and to pay a portion
of the principal and interest on bonds issued by such city under the authority
of K.S.A. 12-1774, and amendments thereto. Such levies as are
authorized herein shall be in addition to all other levies authorized or
limited by law.
History: L. 1953, ch. 73, § 2; L. 1979, ch. 52, § 35; July 1.
12-803c: Same; bonds for extension of street-railway or bus system;
election.
If the governing body of any such city deems it necessary to acquire,
enlarge, improve or extend any street-railway system or bus system, said
governing body is hereby empowered to issue for said purpose bonds in such
an amount as may be fixed by ordinance and authorized by a majority of the
duly qualified electors voting in favor thereof at an election or elections
hereafter called therefor, and said bonds shall be issued, sold, delivered
and retired in conformance with the provisions of the general bond law.
History: L. 1953, ch. 73, § 3; June 30.
12-803d: Same; ordinances as to operation and charges.
The governing body of any city operating a street-railway system or a
bus system shall enact such ordinances as are necessary for the control,
operation and maintenance of said street-railway system or of said bus
system, including an ordinance fixing reasonable rates and charges for the
use of such system.
History: L. 1953, ch. 73, § 4; June 30.
12-803e: Same; bond limitations inapplicable.
None of the restrictions and limitations respecting the amount of city
indebtedness contained in any of the statutes of the state of Kansas shall
apply to or in any way affect the issuance of the bonds authorized by this
act.
History: L. 1953, ch. 73, § 5; June 30.
12-804:
History: R.S. 1923, § 12-804; Repealed, L. 1951, ch. 131, §
1; June 30.
12-805:
History: R.S. 1923, § 12-805; Repealed, L. 1951, ch. 131, §
1; June 30.
12-805a to 12-805k:
History: L. 1933, ch. 32, §§ 1 to 11 (Special Session);
Repealed, L. 1947, ch. 107, § 13; April 16.
12-806: Sale of light, heat and power to outlying districts.
Subject to the provisions of K.S.A. 66-104 and 66-131, and amendments
thereto, all cities of the state owning their own electric-light, heat or
power plant are hereby authorized and empowered to furnish electric light,
heat or power to districts lying outside of the limits of such cities, and
charge for such service such rates as may be provided by ordinance.
History: L. 1911, ch. 73, § 1; R.S. 1923, § 12-806;
L. 1968, ch. 333, § 1; March 30.
12-807:
History: L. 1911, ch. 73, § 2; R.S. 1923, §
12-807; Repealed, L. 1968, ch. 333, § 10; March 30.
12-808: Power of city to sell service generally.
Subject to the provisions of K.S.A. 66-104 and 66-131, and amendments
thereto, any city operating waterworks, fuel, power, or lighting plant may
sell and dispose of water, fuel, power or light to any person within or
without said city.
History: L. 1913, ch. 79, § 1; R.S. 1923, § 12-808;
L. 1968, ch. 333, § 2; March 30.
12-808a: Electric or gas utility outside city limits; eminent domain;
determination of rates.
Whenever the governing body or the board of public utilities of any city
owning or operating an electric or gas utility, any part of which is
defined as a public utility under K.S.A. 66-104, shall deem it
necessary for the proper construction, operation and management of such
public utility, said governing body or board shall have and are hereby
granted the power of eminent domain outside the corporate limit of such
city, within the area subject to the jurisdiction and control of the
corporation commission.
Subject to the approval of the corporation commission, every such
utility shall have and is hereby granted the power and authority to
determine the rate for service within any area located outside of and more
than three (3) miles from the corporate limits of a city. However, nothing
herein shall be construed as affecting the validity of rates, charged to
consumers in such areas by a municipally owned or operated gas or electric
utility, which have been established and are in effect on the effective
date of this act, but any change in such rates shall be subject to the
approval of the corporation commission and must receive the commission's
approval before said rates shall become effective.
History: L. 1968, ch. 333, § 8; March 30.
12-808b: Same; filing of rates and location of facilities, when.
Within one hundred twenty (120) days after the effective date of this
act, all municipally owned or operated electric or gas utilities having
facilities located outside of and more than three (3) miles from the
corporate limits of the city shall file with the corporation commission in
the manner prescribed by the commission:
(a) A schedule of rates charged to all consumers outside of and more
than three (3) miles from the corporate limits of such municipality; and
(b) the location of all facilities of such utility located outside of
and more than three (3) miles from the corporate limits of such
municipality.
History: L. 1968, ch. 333, § 9; March 30.
12-808c: Municipalities; lien for utility
services.
(a) Except as provided in subsection (b), if any person,
firm, corporation,
organization, political or taxing subdivision of the state or other entity
other than the state of Kansas
and the federal government residing, occupying, using or operating on property
to which is provided
utility services by a utility owned or operated by a municipality, neglects,
fails or refuses to pay the
fees or charges for such service, the unpaid fees or charges shall constitute a
lien upon the property
to which such utility service is provided. The amount of the unpaid fees or
charges shall be certified
by the governing body of the municipality to the county clerk of the county in
which such property
is located, to be placed on the tax roll for collection, subject to the same
penalties and collected in
the same manner as other taxes are collected by law. The governing body may
refuse the delivery
of such utility service as otherwise permitted by law until such time as such charges are fully paid.
(b) A lien shall not attach to property for unpaid utility fees or charges,
when the utility
service has been contracted for by a tenant and not by the landlord or owner of
the property to which
such service is provided.
(c) Except as provided by this subsection, no municipality which provides
utility services shall refuse to contract
with a tenant for
provision of such services to property occupied by such tenant.
A municipality shall not be required to contract with any person if such person
has outstanding or unpaid charges for utility services provided by such
municipality.
(d) A municipality may require a single deposit to be paid by a customer for
all utility services, except that such deposit shall not exceed an amount equal
to the expected average bills for a three month period for such utility
services.
(e) When used in this section:
(1) "Municipality" means any city, county, township, water district,
improvement district or
other political or taxing subdivision of the state or any agency or
instrumentality of a municipality
which provides utility services
but does not include any rural water district organized pursuant to K.S.A.
82a-612 et seq., and amendments thereto.
(2) "Utility services" means refuse, trash, garbage or other solid waste
collection and
disposal, sewer, water, gas and electric power services.
History: L. 2006, ch. 95, § 1; July 1.
12-809: Damming of river or condemnation of land and water for waterworks;
petition to court; bond issue.
The governing body of any city shall have power and authority to dam any
river not navigable, to condemn and appropriate in the name and for the use
of the city any such land or lands located in or out of the corporate
limits thereof, as may be necessary for the construction and operation of
waterworks, and to condemn, appropriate and divert the water from such
river, or so much thereof as may be deemed necessary for such purpose.
Whenever the city council shall determine to condemn and appropriate any
land or to condemn and divert any water for the purpose aforesaid, it shall
cause a petition to be presented in the name of the city to the district judge of
the district court of the county in which such city is situated, setting
forth the necessity of the appropriation of lands and the diverting of said
water for the erection and operation of waterworks, and thereupon the
necessary real estate shall be condemned as provided by law, and may be
paid for by the issuance and sale of the bonds of such city as provided by
law.
Before any such bonds shall be issued the proposition shall be submitted
to the voters of such city as provided by law. From and after such
condemnation and appropriation and the payment therefor, the city shall be
vested with the right to perpetually use the land, water, and the right to
divert such water, condemned for the purpose of waterworks.
History: R.S. 1923, § 12-809; L. 1976, ch. 145, § 38; Jan. 10, 1977.
12-810: Condemnation by foreign municipality for water plant.
Any foreign municipal corporation duly chartered and organized under the
laws of its state, and owning a water plant and having some part thereof
within the state of Kansas, may apply to the district court or judge
thereof, of any county in which said foreign municipal corporation has
located any part of its water plant to condemn land for the same, or as
much as may be desired, as well as a route for such proposed water mains as
may be located by such foreign municipal corporation, and also such land as
may be deemed necessary for engine houses, pumping stations, workshops,
water stations, intakes, reservoirs, filtering basins, tunnels, shafts and
conduits for conveying water, together with all necessary means, ways and
devices for building, constructing, maintaining, repairing and operating
the same, and materials for the construction sufficient to enable said
foreign municipal corporation to construct and repair its plant, mains and
stations, and right of making proper drains, which said lands or rights
therein may be condemned as provided by law: Provided, Such foreign
municipal corporation shall not be permitted to condemn any lands actually
used by a water company in serving a municipal corporation in the state of
Kansas, when the taking of the lands so sought to be condemned would
interfere with the actual operation of such water company's plant.
History: R.S. 1923, § 12-810; Dec. 27.
12-811: Purchase by city of corporate utility plants upon expiration
of franchise; petition to court; notice; appraisers; election; bonds.
In any city wherein the franchise of a corporation supplying water,
natural or artificial gas, electric light or power, heat, or operating a
street railway, has expired or will expire before the completion of the
proceedings contemplated by this section, unless an earlier date is fixed
by the franchise, the governing body may by resolution declare it necessary
and for the interest of such city to acquire control and operate any such
plant. Upon the passage of such resolution an application may be presented
in writing to the district court of the county in which such city is
located, which shall set forth the action of the said city relative
thereto, and a copy of the resolution so passed by the city, and praying
for the appointment of commissioners to ascertain and determine the value
of such plant.
Thereupon a time shall be fixed for the hearing thereof, of which either
at least ten days' notice shall be given in writing, or at least thirty
days' notice shall be given by publication once in the official city paper,
to the person, company or corporation owning said plant and to all persons
having or claiming liens on such property: Provided, That publication
in the city paper shall not be made until an affidavit has been filed
showing that actual service of notice cannot be made and that a diligent
effort has been made to obtain such service, and said court shall make an
order granting such application, and provide for the appointment and
selection of three commissioners, one of whom shall be selected by the
city, and one by the person, company, or corporation owning such plant, and
the third shall be designated by the judge of the court, who shall be an
expert engineer; and the said commissioners shall take an oath to
faithfully, honestly and to the best of their skill and ability, appraise
and ascertain the fair cash value of said plant and the appurtenances
thereunto belonging or in any way appertaining to same; but in the
determination of such value said commissioners shall not take into account
the value of the franchise or contract given or granted by said city to
such person, company or corporation.
The said commissioners shall carefully examine said plant and may
examine experts and persons familiar with the cost, construction and
reproduction cost of such plant, and resort to any other means by which
they may arrive at the value thereof, and the city or the person, company
or corporation owning such plant may produce such testimony before said
commissioners as in their judgment seems necessary and desirable. Said
commissioners shall make their report in writing under oath and file the
same with the clerk of the district court. Each party shall have ten days
from the filing of said report to file exceptions thereto. Thereupon at a
time to be fixed by the court, of which each party shall have ten days'
notice in writing, a hearing shall be had upon the said report and the
exceptions thereto, and the court thereupon shall confirm, reject or modify
said report, and its decision therein shall be a final order from which an
appeal may be taken to the supreme court. If any city by a majority vote of
the electors voting upon the proposition at an election called and held
according to law shall elect to take the property at the amount so
ascertained, the governing body is hereby authorized to enact a proper
ordinance providing for the issue of bonds according to law to be sold and
the proceeds thereof used for the purchase of such plant.
If the city elects to pay the award of said commissioners as approved by
the district court it may do so at any time within six months from the date
of final order of the district court on the report of the commissioners if
no appeal to the supreme court be taken, or from the final judgment in case
thereafter an appeal is determined, by paying the amount of the award to
the clerk of the district court, and thereupon the title, right and
possession of such plant and appurtenances shall vest absolutely in the
city and the city shall have the right to enter into and take possession
thereof. The court shall make all orders necessary to protect such city in
the possession of the property and plant. When the purchase money is paid
into court for such plant, it shall be paid out only upon the order of the
court. If there are any liens or encumbrances upon such plant, the nature
and extent thereof shall be ascertained by the court after fixing a time
for the hearing, of which all parties in interest shall have sufficient
notice. The ascertained liens and encumbrances shall first be paid out of
the said fund and the balance to the person, company or corporation owning
such plant.
History: R.S. 1923, § 12-811; L. 1941, ch. 105, § 1; June 30.
12-812: Same; bonds for enlargement or improvement of waterworks;
ordinance; election.
If such city deems it necessary to enlarge, improve or extend any
waterworks system, or part thereof (so condemned), the governing body is
hereby empowered to issue for said purpose bonds to such an amount as may
be fixed by ordinance and authorized by the electors at the election
hereinbefore provided for, or at any subsequent special election or
elections called therefor, which said bonds shall be issued according to
law.
History: R.S. 1923, § 12-812; Dec. 27.
12-813:
History: R.S. 1923, § 12-813; Repealed, L. 1975, ch. 59, § 1; July 1.
12-814:
History: R.S. 1923, § 12-814; Repealed, L. 1963, ch. 77, §
1; June 30.
12-815:
History: R.S. 1923, § 12-815; Repealed, L. 1975, ch. 60, § 1; July 1.
12-816:
History: R.S. 1923, § 12-816; Repealed, L. 1963, ch. 77, §
1; June 30.
12-817: City water contracts.
The governing body of any city acquiring a waterworks plant, or part
thereof, may make a contract with any person, city or corporation, located
within or without this state, for the purchase and supplying of water for
all purposes to such city for its own use or to supply all other consumers.
History: R.S. 1923, § 12-817; Dec. 27.
12-817a: Application of section and 12-817b.
The provisions of this act shall apply to any city of the state of
Kansas.
History: L. 1963, ch. 78, § 1; L. 1965, ch. 100, §
1; June 30.
12-817b: Contracts with U.S. government or agencies for water
supplies; subject to future nullification if state assumes certain
financial obligations.
Any two or more cities may enter into contracts or a single contract
with the United States government or any agency thereof for a water supply
or part thereof for any one or more of such contracting cities. Any such
contract may provide that water shall be supplied and paid for in quotas
which are automatically adjusted for population changes in such cities, or
for other agreed amounts, from storage facilities or reservoirs of the
United States government. Any such contract or contracts may provide for
payment by such cities to the United States government for such water
supply and may designate the manner in which payment obligations shall be
shared among such cities.
Such contracts may run for any term not exceeding fifty (50) years:
Provided, Every such contract shall contain a provision that in the
event the state, through duly authorized officers, at any time declares
such contract to be void, it shall immediately thereafter be void and of no
effect, however, the state shall at the same time become liable for and
assume the financial obligations of such contract for any cost
reimbursement and maintenance expense which is provided under such contract
to be paid by such municipalities to the United States government or any
agency thereof, and such financial obligations shall become due at the same
time and in the same amount as provided in such contract for payment by
such municipalities: Provided further, Every such contract shall
contain a provision that in the event that such contract is declared void
pursuant to the provisions of this section, such contracting cities shall
pay to the state sums of money equal to the sums of money that the state
pays to the federal government as a result of such declaration, and such
cities shall thereupon have rights to water similar to their rights to
water under such voided contract.
History: L. 1963, ch. 78, § 2; April 23.
12-818: Ordinances for control of waterworks.
The governing body shall enact all other ordinances necessary for the
control, operation and maintenance of such waterworks plant and department.
History: R.S. 1923, § 12-818; Dec. 27.
12-819: Bond limitations not to apply.
None of the restrictions and limitations respecting the amount of city
indebtedness contained in any of the statutes of the state of Kansas shall
apply to or in any way affect the issuance of the bonds authorized by this
act.
History: R.S. 1923, § 12-819; Dec. 27.
12-820: Acquisition of plants outside city.
If any part or portion of the plant or property of any person, company
or corporation sought to be acquired by any city proceeding under the
provisions of this act be located outside the corporate limits and
boundaries of said city, the said city may, nevertheless, proceed under this
act to acquire title to such part or portion of the said plant or property
as may be located, and to hold and control the same as the property of the
city the same as though it was located within the corporate limits of said
city, subject to the provisions of K.S.A. 66-104 and 66-131, and amendments
thereto.
History: R.S. 1923, § 12-820; L. 1968, ch. 333, § 3;
March 30.
12-820a: City acquiring certain private waterworks property authorized
to reimburse subdivisions for tax loss; exception.
Any city of the state which shall acquire from a private owner any
waterworks utility or property serving such city which at the time of such
acquisitions was subject to the levy of ad valorem taxes for city, county,
board of education or municipal university purposes shall have power to pay
annually to such city, county, board of education or municipal university,
out of the net revenues accruing to the city from the operation of its
waterworks, an amount not in excess of the ad valorem taxes levied on such
waterworks property for such city, county, board of education or municipal
university in the calendar year preceding the date of the acquisition of
such waterworks utility or property by the city: Provided, however,
That if any such city shall have outstanding any revenue bonds payable from
the revenues of the city's waterworks, the city shall not make any such
payment which will prevent the city from paying when due the principal of
and interest on its water revenue bonds, nor shall such payment be made if
the making thereof will prevent or interfere with the performance by the
city of any of its obligations under the ordinance authorizing the issuance
of its water revenue bonds.
History: L. 1957, ch. 104, § 1; March 30.
12-821: Extension of mains or of transmission lines or pipelines.
Subject to the provisions of K.S.A. 66-104 and 66-131, and amendments
thereto, any city operating any waterworks, fuel, power or lighting plant
or sewer system may extend its mains, transmission lines or pipelines
within or without the city by construction or purchase, when applications
have been made and agreements entered into by persons along the proposed
extension that will produce a revenue in the judgment of the governing
body, sufficient to pay interest on the cost of the extension, and the
operating cost of the product or service furnished.
History: L. 1913, ch. 79, § 2; L. 1919, ch. 110, § 1; R.S. 1923, § 12-821;
L. 1968, ch. 333, § 4; March 30.
3
12-822: Deposits to secure payment of bills; unlawful, when; investment;
abandoned deposits, disposition.
It shall be unlawful for any public or municipally owned utility doing business
in the state of Kansas to receive or collect a deposit from any customer
as security for the payment of bills for service rendered, unless such public
or municipally owned utility shall keep a separate account of the date on
which such deposit is received, the name of the depositor, and the amount
thereof, and shall pay to the customer making the deposit interest at the
rate determined by the state corporation commission. Such interest shall
be credited once a year or credited on January 1 succeeding such deposit
and on each January 1 thereafter, to such customer's outstanding account, unless, prior
to January 1, such customer shall request the payment of such interest in
cash, in which event payment of interest shall be made as requested. Any
interest credited shall be subject to call and payment at any time, but
shall not draw interest.
The amount of deposit required shall at all times be reasonable, and shall
be based upon the value of the maximum service rendered; and such advance
deposit, together with the interest due thereon, may be applied to the payment
of any accrued bills, or bills due on discontinuance of service. Deposits
by customers so held as security for service or for meters at the taking
effect of this act shall draw interest from that date and be credited and
paid as herein provided. Any municipally owned utility doing business in
the state of Kansas may invest money received as customers' deposits as
herein provided, in investments authorized by K.S.A. 12-1675, and amendments
thereto, in the manner prescribed therein or in bonds of the state of Kansas,
or general improvement bonds of cities of the first and second class, or
bonds of any county wherein a city of the first or second class is located
within the state, or bonds of the boards of education in cities of the
first class of this state, or bonds issued or guaranteed by the United
States government, or in savings accounts of commercial banks.
Any amount of security deposit, and the accrued interest thereon remaining
in the account of any customer of a municipally owned utility who has discontinued
service with such utility shall be placed in the operating fund of such
utility, upon the following conditions: (a) Such money has remained on deposit
with the municipal utility for a period of more than three years from the
date service was discontinued;
(b) no demand for such money has been made at any time during the three-year period;
(c) the whereabouts of the person to whose account the money is credited
is unknown and a reasonable effort has been made to determine the same; and
(d) following the expiration of the three-year period, the utility has
published, once each week for two consecutive weeks in a newspaper of general
circulation in the county in which the utility is located, a notice listing
any person whose deposit remains on account, and that a demand for such
money must be made within 60 days. Any security deposits remaining in the
account of any such customer 60 days after the last publication of such
notice shall be placed in the operating fund of such utility.
History: L. 1919, ch. 238, § 1; R.S. 1923, § 12-822; L. 1953,
ch. 63, § 1; L. 1977, ch. 54, § 4; L. 1978, ch. 59, § 1; L. 1982,
ch. 69, § 1; L. 1989, ch. 48, § 65; July 1.
12-823: Public or municipally owned utilities; penalties.
Any public or municipally owned utility violating any of the provisions
of this act shall be subject to a penalty of not less than five dollars
($5) nor exceeding twenty-five dollars ($25) to be recovered in any
court of competent jurisdiction, which penalty shall be paid to the
state treasurer pursuant to K.S.A. 20-2801, and any
amendments thereto.
History: L. 1919, ch. 238, § 2; R.S. 1923, § 12-823; L. 1973,
ch. 106, § 2; L. 1978, ch. 105, § 1; Jan. 1, 1979.
12-824: Franchise to interurban railway or electric company; certain
provisions declared void; notice;
petition; election; certificate of convenience and necessity.
(a) All incorporated cities in the state of Kansas into or through which any
interurban railroad may have been built, or into or through
which any interurban railroad may propose to build a line of interurban
railroad, or into or through which any corporation operating a system for
the transmission of electric current between two or more incorporated
cities in the state shall have been built, or into or through which
any such corporation may propose to build its transmission lines, are
hereby authorized and empowered upon such terms and conditions, as any such
city may by ordinance prescribe, to grant franchises to such interurban
railroad companies and transmission corporations for any public utility
purposes for which they are or may be incorporated.
Any such franchise shall be granted for a period
not greater than the time for which the charter under which such company or
corporation is then operating continues to run but in no case to
exceed 35 years. Such franchise shall not be granted
until notice of the proposition to grant the same has been given for 20
days by publication in some newspaper in general circulation in such city.
If within such twenty-day
period, 10% of the qualified electors petition
such city authorities to submit the same to a vote of the electors of the
city, such city authorities shall submit the franchise proposition to a
vote of the people before such franchise is granted. No such
election shall be held
until a certificate is procured from the corporation commission that public
necessity and convenience requires the construction of such improvements or
the furnishing of such public services. Nothing in this
act shall be construed as applying to telephone and telegraph companies.
(b) On and after the effective date of this act, any provision for
compensation or consideration, included in a
franchise granted pursuant to this section which is established on the
basis of compensation or consideration paid by an interurban railroad
company or transmission corporation under another franchise, is hereby
declared to be contrary to the public policy of this state and shall be
void and unenforceable. Any such
provision, included in a franchise granted pursuant to this section and in
force on the effective date of this act which requires payments to the city
by an interurban railroad company or transmission corporation to increase
by virtue of the compensation or consideration required to be paid under a
franchise granted by another city to the company's or corporation's
predecessor in interest, is hereby declared to be contrary to the public
policy of this state and shall be void and unenforceable.
History: L. 1915, ch. 282, § 1; L. 1921, ch. 94, § 1;
R.S. 1923, § 12-824; L. 1985, ch. 71, § 1; July 1.
12-825: Technical service and advice from state commission.
Cities may, upon proper application to the secretary of the corporation
commission of the state, obtain the technical services and advice,
pertaining to any public utility operated within said city whether the same
be publicly or privately owned, of any expert or other employee of said
commission. The city obtaining such service or advice shall pay to said
commission the actual expenses necessarily incurred by it in supplying said
services or advice.
History: L. 1915, ch. 135, § 1; April 7; R.S. 1923, § 12-825.
12-825a: Petty cash funds, establishment; deposit.
The governing body of any city that owns or operates waterworks,
gas-works, or electric plant may by ordinance establish a petty cash fund
for the use of said utilities, for the purpose of paying postage, freight,
temporary labor, and other emergency expenses, including refund of deposits
made to secure payment of accounts. Such petty cash fund shall be deposited
in the designated city depository bank and paid out on the order of the
cashier of such utilities by checks which shall state clearly the purpose
for which issued.
History: L. 1939, ch. 100, § 1; June 30.
12-825b: Same; certification by payees; false pretenses.
The payees of such checks shall certify thereupon over their signatures
that such services were rendered, supplies furnished, or refunds received,
as the case may be, and any false certification on such checks shall be
deemed obtaining money under false pretenses and punished as provided by
law.
History: L. 1939, ch. 100, § 2; June 30.
12-825c: Same; audits; restoration of fund.
Whenever such petty cash fund becomes low or depleted, said cashier
shall prepare vouchers covering such expenses as have been paid from said
petty cash fund, and shall submit such vouchers together with the paid
checks to the governing body for audit, and allowance of the amount from
the regular funds of the utilities. Warrants issued therefor shall be
payable to the petty cash fund and shall be deposited therein to restore
said petty cash fund to its original amount, for use as herein provided.
History: L. 1939, ch. 100, § 3; June 30.
12-825d: Waterworks, fuel, power and lighting plants; use, disposition
and investment of revenues.
Except as otherwise hereinafter provided, in any city of the first, second
or third class owning a waterworks,
fuel, power or lighting plant, the revenue derived from the sale and
consumption of water, fuel, power or light shall not be paid out or
disbursed except for the purpose of operating, renewing or extending the
plant or distribution system from which such revenue was derived, the
payment of interest on outstanding bonds issued for the construction,
extension or purchase thereof, and the payment of the salaries of the
employees. At any time that there may be a surplus of such fund, it
shall, if needed to redeem bonds, be quarterly placed in a sinking fund,
which shall only be used for the purpose of redeeming bonds that may have
been issued for acquiring, renewing or extending said plant or distribution
system, or making renewals or extensions thereto. When
any surplus of either the operating fund or sinking fund is not needed for
any of the above stated purposes, said surpluses:
(a) May be transferred and merged into the city general revenue fund or
any other fund or funds of such city; or
(b) upon approval of the voters as authorized by K.S.A. 12-825g, and amendments
thereto, in
cities of the second class having a population of not less than six
thousand (6,000) and not more than twelve thousand (12,000) and which are
located in a county having a total assessed taxable tangible valuation of
not less than thirty-two million dollars ($32,000,000) and not more than
forty-five million dollars ($45,000,000), a part of such surpluses may be
annually transferred, for a period not exceeding five years, to a special
fund, which shall be known as "the community and utility promotion fund,"
but the total amount transferred to such fund in any one calendar year
shall not exceed (1) one percent (1%) of the gross income derived from the
sale of water, fuel, power and light during the preceding calendar year by
such city, or (2) ten thousand dollars ($10,000), whichever amount is the
lesser, and at no time shall there be more than fifty thousand dollars
($50,000) in said fund, and the moneys in said fund may be expended for the
purposes authorized by K.S.A. 12-825g, and amendments thereto; or
(c) such surpluses, in whole or in part, may be set aside in a
depreciation reserve fund of the utility which may be used as hereinabove
provided, and which may be invested in investments authorized by K.S.A.
12-1675, and amendments thereto, in the manner prescribed therein or in
United States government bonds or
in municipal bonds of any county, township, city or school district in
the state of Kansas where the bonded
indebtedness thereof does not exceed fifteen percent (15%) of its total
assessed valuation as shown by the last assessment preceding such
investment.
History: L. 1945, ch. 97, § 1; L. 1959, ch. 73, § 1; L. 1977,
ch. 54, § 5; July 1.
12-825e: Same; inapplicable to certain cities over 100,000.
The provisions of this act shall not apply to cities, the utilities of
which are under the management and control of a board of public utilities,
as established by chapter 126 [*] of the Laws of Kansas for 1929, and all
acts and parts of acts amendatory thereof.
History: L. 1945, ch. 97, § 2; June 28.
12-825f: Crediting certain utility revenue to light fund.
Any city receiving periodically revenue from any electric public utility
as compensation or consideration in whole or in part for the franchise
granted by such city to such utility pursuant to the terms thereof may
credit all or any part of such revenue to the street light fund of such
city.
History: L. 1947, ch. 135, § 1; June 30.
12-825g: Use of community and utility promotion fund; transfers and
expenditures subject to election.
The governing body of any city of the second class which has transferred
surpluses to the community and utility promotion fund, as authorized by
subsection (b) of K.S.A. 12-825d, may expend the moneys in said fund for
the purpose of promotion of or cooperating in the promotion of industrial
development within or without the corporate limits of such city, and also
for the purpose of promoting the use of water, fuel, power or light
furnished from the waterworks, fuel, power or lighting plant of such city
and also for the purpose of advertising and promotion of the sale of
electricity and water. No such transfers or expenditures
shall be made until the question of transferring and expending same for
such purposes shall have been submitted to a vote of the people at a
regular city or general election in such city and shall have received a
majority of all the votes cast at such election.
History: L. 1959, ch. 73, § 2; L. 1976, ch. 75, § 1; July 1.
12-825h: Foreign-trade zones; establishment and operation; application
for federal grant.
The governing body of any city, any authority organized and operating
under the provisions of K.S.A. 27-315 to 27-326, inclusive, the board of
county commissioners of any county, a corporate instrumentality of this
state and one or more states, or a bi-state compact, or a not-for-profit
corporation authorized to do business in this state shall have the power to
apply singularly or jointly to the proper authorities of the United States
government for a grant, and when such grant is issued, to establish,
operate and maintain foreign-trade zones pursuant to the foreign-trade zone
act of the United States, 19 U.S.C.A. 81a to 81u, inclusive, as amended.
History: L. 1965, ch. 119, § 1; L. 1973, ch. 60, § 1; April 25.
12-825i: Same; delegation of authority to board of utilities.
The authority to establish and operate such a foreign-trade zone may be
delegated by ordinance by the governing body of a city to a board of public
utilities in any city having such board.
History: L. 1965, ch. 119, § 2; May 14.
12-825j: Municipalities owning or operating utility; contracts for purchase
of water, gas or electricity.
(a) Any municipality which owns or operates, or which hereafter owns or
operates, a utility furnishing water, gas or electricity is hereby authorized
and empowered to enter into contracts for the purchase of water, gas or
electricity from any person, firm, corporation or other municipality, upon
such terms and conditions as may be deemed necessary and reasonable by the
governing body of such municipality. Any such contract may include an agreement
for the purchase of water, gas or electricity not actually received. No
such contract shall be made for a period in excess of forty (40) years,
but renewal options in favor of the purchasing municipality may be included
therein. Nothing in this section shall be construed to authorize the levy
of a tax by any municipality entering a contract as herein provided.
(b) As used in this act, the term "municipality" shall mean and include
any city, county or township.
History: L. 1976, ch. 67, § 1; July 1.
12-825k: Payment of charges by public utilities at city hall.
The governing body of any city owning or operating a water
system or other municipal service and providing for the monthly or periodic
payment of charges for such services at its city hall may enter into agreements
with any public utility serving such city, or its surrounding area, for the
payment of charges for services of the public utility to also be made at the city hall.
History: L. 1979, ch. 49, § 1; July 1.
12-826: Managing board of commissioners; payment of claims.
The governing body of any city of the first or second class that owns a
waterworks, fuel, power or lighting plant may provide by ordinance for the
creation of a board of commissioners, and fix their salaries, which board
shall operate said waterworks, fuel, power or lighting plant, or either,
under such rules and regulations as the governing body may by ordinance
prescribe. In cities of the first class said board shall be composed of not
less than three nor more than five persons; in cities of second class said
board shall be composed of three persons.
The bills incurred in operating said waterworks and light plants,
itemized and verified as required by law in case of other claims against
the city, shall be first presented to said board, and by said board
tabulated and certified to the city council, monthly, or when directed by
the council; and the council may, upon the allowance thereof, cause the
warrant therefor to be issued to said board; the amounts thereof, however,
to be held by the city treasurer and paid out to the several claimants on
the written orders of said board, under the regulations of the council. The
original claims, after the action of the council thereon, may, if the
council so directs, be returned to and preserved by said board: Provided,
however, That the council may by ordinance prescribe procedures for said
board to process the bills incurred and make allowance for payment by
warrant of the city drawn on the utility fund without approval and
allowance by said council.
History: L. 1905, ch. 115, § 1; L. 1907, ch. 134, § 1; R.S.
1923, § 12-826; L. 1974, ch. 59, § 1; March 4.
12-827: Same; appointment; terms; oath.
The board of commissioners or commissioner shall be appointed by the
mayor and be confirmed by the council, and the term of office of said
commissioners shall be three years and until their successors are appointed
and qualified. They shall file an oath of office and give bond in such
amount as the governing body may by ordinance prescribe for the faithful
performance of their duty, and shall be removed by the governing body for
cause.
Where a board of commissioners is appointed, the term of office of the
first person named shall expire in one year, the term of the second person
appointed shall expire in two years, and the term of the third person
appointed shall expire in three years, and thereafter one person shall be
appointed each year: Provided, That where the board is composed of
more than three persons, the term of office shall be for as many years as
there are persons on said board, and shall be appointed in like manner.
History: L. 1905, ch. 115, § 2; March 17; R.S. 1923, § 12-827.
12-828: Same; recommendations.
It shall be the duty of said board of commissioners to recommend to the
governing body a schedule of rates and such renewal or extension of any
plant, from time to time, as in the judgment of said board will be
reasonable, proper, and just; also such employees as may be necessary to
properly operate said plant or plants.
History: L. 1905, ch. 115, § 3; March 17; R.S. 1923, § 12-828.
12-829: Same; rates; employees; salaries; removal.
Upon the recommendation of said board of commissioners, the governing
body shall by ordinance fix such rates for water, fuel, power or light as
are recommended by said board, provide for such employees as may be
necessary to operate said plant or plants, define their duties, and fix
their salaries; and when such employees are once appointed, they shall not
be removed from service except for inefficiency or neglect of duty.
History: L. 1905, ch. 115, § 4; March 17; R.S. 1923, § 12-829.
12-830:
History: L. 1905, ch. 115, § 5; L. 1907, ch. 134, § 2; R.S. 1923,
§ 12-830; Repealed, L. 1945, ch. 97, § 3; June 28.
12-830a:
History: L. 1931, ch. 131, § 1; Repealed, L. 1945, ch. 97, §
3; June 28.
12-830b:
History: L. 1933, ch. 141, § 1; L. 1939, ch. 95, §
1; Repealed, L. 1945, ch. 97, § 3; June 28.
12-830c:
History: L. 1937, ch. 158, § 1; L. 1938, ch. 37, §
1; L. 1939, ch. 96, § 1; Repealed, L. 1945, ch. 97, § 3; June 28.
12-830d:
History: L. 1941, ch. 153, § 1; Repealed, L. 1945, ch. 97, §
3; June 28.
12-830e:
History: L. 1941, ch. 162, § 1; Repealed, L. 1945, ch. 97, §
3; June 28.
12-830f:
History: L. 1945, ch. 141, § 1; Repealed, L. 1953, ch. 64, §
1; June 30.
12-831: Extension of plants or lines; signed agreements; election
required.
No extensions to said plant or plants shall be made by any board of
commissioners until there shall be applications made for and agreements
signed by persons along the proposed extension in sufficient number so that
the revenue from said proposed extension will in the judgment of said board
be ample to justify making such extension, nor shall any extensions, mains
or lines be constructed by said board for political reasons or on account
of any combination between such board and any other city official; and
should such board extend any mains or lines for political reasons, or by
entering into a combination with any other city official to do so, or shall
refuse to extend said mains or lines when it is shown that the same will be
profitable to said plant or plants, for such offense, said board shall be
removed from office: Provided, That the provisions of this act shall
not apply to any city until submitted to a vote of the people and receive a
majority of all the votes cast at such election.
History: L. 1905, ch. 115, § 7; March 17; R.S. 1923, § 12-831.
12-832:
History: L. 1921, ch. 128, § 1; R.S. 1923, § 12-832;
Repealed, L. 1995, ch. 165, § 2; July 1.
12-833:
History: L. 1921, ch. 128, § 2; R.S. 1923, § 12-833; L. 1981,
ch. 173, § 16;
Repealed, L. 1995, ch. 165, § 2; July 1.
12-834: Bonds for gas, water, light, heat, street-railway or telephone
service; election.
Whenever and as often as a majority of the electors voting at an
election heretofore held or hereafter called and held, in any city of the
second or third class, shall vote in favor of the issuance of bonds of such
city for the purpose of purchasing, extending and improving, or purchasing,
constructing or extending works, for the purpose of supplying such city and
its inhabitants with natural gas, water, electric light, or heating, or
street-railway or telephone service, it shall be lawful for the governing
body of said city, by ordinance duly passed, to direct the issuance of the
bonds so voted, which said bonds shall be issued according to law.
History: R.S. 1923, § 12-834; Dec. 27.
12-834a: Validation of bond election; city of Burns.
Any election held prior to the effective date of this act
for the approval of the issuance of general obligation water system bonds
of the city of Burns, Kansas, in an amount not to exceed $100,000, for the
purpose of paying the costs of making repairs and improvements to the water
system owned and operated by the city, under the authority of K.S.A. 10-101
et seq., 10-601 et seq., and 12-834, and amendments thereto, notice
of which was given by two publications in the official newspaper of the
city within the statutorily required time prior to the date of such
election, and which election was called by an ordinance adopted by the
governing body of the city, which ordinance was not published, is hereby
validated. The city is hereby authorized to issue such bonds in the amount
and for the purpose approved by the voters at such election. The bonds so
issued shall be legal and binding general obligations of the city.
History: L. 1990, ch. 74, § 1; May 24.
12-835:
History: R.S. 1923, § 12-835; Repealed, L. 1965, ch. 89, §
1; June 30.
12-836: Waterworks bonds; limitation.
Cities of the second and third class whose total bonded indebtedness
shall not exceed fifteen percent of its total assessed valuation now owning
and operating, or hereafter acquiring a system of waterworks are hereby
empowered to issue bonds for the purpose of enlarging, repairing,
extending, and improving such system of waterworks, in any sum not
exceeding two percent of the total assessed valuation of the property of
such city as shown by the assessment books for the year preceding the
issuance of such bonds, as hereinafter provided: Provided, however,
That in computing its total bonded indebtedness any such city may, for the
purposes of this act, deduct therefrom the aggregate amount of any sinking
fund or funds collected by said city for the payment of its outstanding
bonds, at maturity.
History: L. 1913, ch. 124, § 1; R.S. 1923, § 12-836; L. 1937, ch. 115, § 1;
Feb. 1.
12-837: Same; resolution; plans, specifications and
estimate;
approval or disapproval by secretary of health and environment; cost
limited.
If the governing body of a city subject to K.S.A.
12-836 and amendments thereto determines it necessary to improve the city's
system of waterworks by enlarging, repairing,
extending and improving
the system, the governing body shall so declare by
resolution. The city engineer or a
person duly authorized to act for the city shall be directed by
the resolution to
forthwith prepare plans and specifications and a detailed estimate of the
cost of the improvements and shall file the plans,
specifications and estimate with the clerk of the city.
Such plans, specifications and estimate shall be presented to
the secretary of health and environment
for approval. If approved by the secretary, the plans, specifications and
estimate shall be returned to the clerk of the city,
showing such approval. No bonds to pay the cost for any improvement
provided for in this act shall be issued by the governing body of any city
until the plans, specifications and estimate have been
approved by the secretary of health and environment. The cost of any
improvement provided for in this act shall in no case exceed the cost of the
approved estimate.
History: L. 1913, ch. 124, § 2; R.S. 1923, § 12-837;
L. 1995, ch. 116, § 4; July 1.
12-838: Same; ordinance.
Before any improvement is made as provided for in K.S.A.
12-836 and amendments thereto,
the governing body of the city shall pass an ordinance authorizing the
making of such improvement and directing the issuance of bonds to pay the
cost of the improvement. The ordinance shall specify the
nature and extent of the
improvement to be made and shall recite that such improvement is made in
accordance with plans and specifications approved by the secretary of health
and environment and on file in the office of the city clerk for
inspection. Such ordinance shall take effect and be in force on
and after its final passage, approval and publication in the official paper of
the city.
History: L. 1913, ch. 124, § 3; R.S. 1923, § 12-838;
L. 1995, ch. 116, § 5; July 1.
12-839: Same; notice; hearing; election in cities of second class.
Before the passage of the ordinance provided for in K.S.A. 12-838, the
mayor of the city, upon the receipt of a petition signed by at
least 10% of the taxpayers of the city, shall cause to be published in
the official city paper a notice signed by the mayor and attested by the
city clerk. Such notice shall state that, in pursuance of a resolution previously
adopted, an
ordinance will be passed on a date
specified in the notice, providing for
the improvement of the system of waterworks in accordance with plans and
specifications covering such improvement on file in the office of the
city clerk and providing bonds for the payment for the cost of
such improvement, naming the amount.
Such notice shall also provide that any person objecting to such
improvement or the issuance of bonds may appear before the council or
board of commissioners during such time and be heard as to such
objection. Such notice shall be published once each week for two consecutive
weeks, the last publication to be more than 10 days
prior to the date fixed therein for the passage of such ordinance.
If, in a city of the second class, before the passage of the
ordinance provided for in K.S.A. 12-838, 25% of
the qualified
electors of the city petition the city governing body to submit such
ordinance to a vote of the electors of such city,
the city governing body
shall submit such ordinance to a vote of the people before such
ordinance is passed, and shall be governed by the result of such
vote.
History: L. 1913, ch. 124, § 4; R.S. 1923, § 12-839; L. 1931,
ch. 112, § 1; L. 1981, ch. 173, § 17; July 1.
12-840: Same; bond limitations not to apply.
None of the restrictions and limitations contained in any of the
statutes of the state of Kansas heretofore enacted shall apply to, or in
any way affect the issuance of the bonds authorized by this act, or the
bonds so issued.
History: L. 1913, ch. 124, § 6; March 19; R.S. 1923, § 12-840.
12-841:
History: L. 1903, ch. 136, § 1; L. 1909, ch. 93, § 1; R.S. 1923,
§ 12-841; Repealed, L. 1945, ch. 98, § 3; March 20.
12-842: Acquisition and operation of city plants; equipment on or
across highway.
Any city of the second or third class of the state of Kansas is hereby
granted full power and authority, on behalf of such city, to purchase,
procure, provide and contract for the construction of, and to construct and
operate, gas plants, electric-light plants, electric power or heating
plants, waterworks, natural-gas wells, and petroleum-oil wells, and to
secure by lease, contract or purchase natural-gas lands, petroleum-oil
lands, and other real estate, and to contract for and purchase natural gas,
petroleum oil, electric current, and water to be delivered where purchased
or elsewhere, and to construct, maintain and operate pipelines, wires and
other equipment for the transportation of the same from the place where
such natural gas, petroleum, electric current or water may be delivered, to
such points within or without the city as may be deemed advisable, for the
purpose of supplying said city, its citizens and others, with water, light,
gas, power, fuel or heat for domestic use or other purposes, and said
cities are hereby authorized to place said pipelines, wires and other
equipment for said transportation upon and across any of the public roads,
highways and streets of this state in such manner as not to incommode the
public in the use of such roads, highways and streets.
History: L. 1903, ch. 136, § 3; L. 1911, ch. 122, § 1; March 8; R.S. 1923, §
12-842.
12-843: Same; bonds; election; limitation; use of surplus revenues.
For any and all indebtedness, obligation or liability contracted for or
created for any of the purposes mentioned in K.S.A. 12-842, any such city,
acting under the provisions thereof, is hereby granted full power and
authority to issue bonds of the city to an amount equal to such
indebtedness, obligation, or liability; the power to create or incur such
indebtedness, obligation, or liability, and to issue bonds as herein
provided, being independent of and in addition to like and other powers
heretofore granted such cities; and such bonds may be sold as provided by
law, and the proceeds thereof used in the payment of such indebtedness,
obligation, or liability; such bonds shall not be used or sold except as
directed by the governing body of said city, and such bonds shall not be
issued to an aggregate amount exceeding fifteen percent of the assessed
value of such city as shown by the assessment last preceding the issuance
thereof: Provided, That no bonds shall be issued except upon a vote of
a majority of the qualified electors of such city: And provided
further, That any such city shall have full power and authority to use
any surplus arising from the proceeds of any such plant or plants for the
purpose of bettering, constructing or installing any such plant that such
city may have or may desire to acquire by construction or purchase.
History: R.S. 1923, § 12-843; Dec. 27.
12-844: Lines and ways of access between city limits and utility
plants.
Cities of the second and third class shall have the right and authority
to construct and maintain for its own use pipe, power, light and telephone
lines and necessary ways of access thereto between the city limits of any
such city and the place or location of any waterworks, sewer or other
public utilities or parts thereof owned, controlled or managed by such
cities.
History: L. 1913, ch. 122, § 1; March 18; R.S. 1923, § 12-844.
12-845: Same; eminent domain.
Whenever the governing body of any such city shall find or deem it
necessary for the proper construction, operation or management of any water
or sewer systems to construct pipe, power, light or telephone lines and
ways of access thereto between the city and the location of any such public
utilities or any part thereof within five miles of the city limits such
cities shall have and are hereby granted the right of eminent domain.
History: L. 1913, ch. 122, § 2; March 18; R.S. 1923, § 12-845.
12-846: Same; procedure.
Whenever the governing body of any such city shall determine to
construct or authorize the construction of any such improvements as
provided in K.S.A. 12-845 the governing body may proceed as provided by law
to condemn the necessary lands or rights-of-way: Provided, Any person
through or over whose lands any of such lines may be constructed or who
would be otherwise damaged thereby may give consent thereto in writing, and
such writing, with or without formal acknowledgment, may be recorded in the
office of the register of deeds of the proper county, and such city shall
have the same right to construct and maintain such lines as though such
lands and rights had been formally condemned.
History: R.S. 1923, § 12-846; Dec. 27.
12-847: Same; costs and expenses.
All costs and expenses occasioned by such condemnation, appraisement and
construction of such lines beyond the corporate limits of such city shall
be borne by the city and paid out of the general or any special fund
provided for such purpose.
History: L. 1913, ch. 122, § 4; March 18; R.S. 1923, § 12-847.
12-848: Control of streets and public grounds.
The streets, alleys, public parks and grounds in cities of the second
and third classes in the state of Kansas shall be under the control of the
governing body of the municipalities thereof, and the jurisdiction over and
the control thereof is vested in said cities.
History: L. 1905, ch. 121, § 1; Feb. 11; R.S. 1923, § 12-848.
12-849: Same; ordinance granting use of.
Before any person, firm or corporation shall have the right to enter
upon the streets, alleys, public parks and grounds of any city of the
second or third class for the purpose of piping the same for gas, heat,
light, water, or for the construction of any railways, street railways,
sewerage system, telephones, or for any other purpose whatsoever, such
person, firm or corporation must first procure the passage of an ordinance
by the governing body of such city granting unto such person, firm or
corporation such right or rights, and in which said ordinance shall be
defined fully and at length the terms upon which said right is conceded.
History: L. 1905, ch. 121, § 2; Feb. 11; R.S. 1923, § 12-849.
12-850: Same; unlawful use without franchise; penalty.
Any person, firm, or corporation, their agents, servants, or employees,
who shall, without first having obtained by ordinance from such municipal
authorities, as hereinbefore provided, authority so to do, enter upon any
of the streets, alleys, public parks or grounds of such cities and
interfere with the surface thereof, or dig ditches, or obstruct the same in
any way, or otherwise interfere therewith, shall be guilty of a misdemeanor
for each day this act shall be thus violated, and upon conviction thereof
shall be fined in any sum not exceeding one hundred dollars for each such
offense: Provided, That in cities of the second and third class where
street grades have been established property owners adjacent to such may
fill in such streets to the center thereof so as to bring them up to such
grade.
History: L. 1905, ch. 121, § 3; Feb. 11; R.S. 1923, § 12-850.
12-851: Police jurisdiction of cities, second and third classes.
Police jurisdiction is hereby granted and extended to cities of the
second and third class, over all lands and grounds upon which waterworks,
sewer systems, pipe, power, light, telephone lines and ways of access
thereto, and all property and property rights, owned by the city in connection
therewith, owned, controlled, or managed by such cities; and all ordinances
of such cities now in force or hereafter enacted shall extend to, cover and
include all such public utilities and property and property rights to the
same extent and with like force and effect without as within the limits of
such cities.
History: L. 1913, ch. 127, § 1; R.S. 1923, § 12-851; L. 1937, ch. 116, § 1;
March 25.
12-852: Flowage rights to waterworks system intake.
All cities of the second and third class which have impounded water, or
may hereafter do so, for its waterworks system and public water supply are
hereby granted the right to have such water flow down any natural
watercourse to its waterworks system intake.
History: L. 1937, ch. 123, § 1; March 25.
12-853: Same; unlawful acts.
It shall be unlawful for any person or persons to materially diminish,
impound, retard or divert the augmented flow of water due to the use of
said stream or streams by such cities in conveying its water to its water
system intake as aforesaid.
History: L. 1937, ch. 123, § 2; March 25.
12-854: Same; penalty for violating 12-853.
Any person or persons violating K.S.A. 12-853, upon conviction, shall be
deemed guilty of a misdemeanor and shall be fined in sum not exceeding five
hundred dollars.
History: L. 1937, ch. 123, § 3; March 25.
12-855: Same; rights of riparian owners.
Nothing herein shall be construed as prohibiting riparian owners from
the use of the natural flowage of said streams or from the use of the water
from said streams at any and all times for family and domestic farm stock
purposes.
History: L. 1937, ch. 123, § 4; March 25.
12-856: Combined waterworks and sewage disposal
system; definitions.
For the purpose of this act the following words and phrases shall have
the meanings ascribed to them in this section:
(a) "City" shall mean any city in this state.
(b) "Waterworks system" shall mean a waterworks system owned and
operated by a city.
(c) "Sewage disposal system" shall mean the sanitary and storm sewers,
pumping stations, sewage treatment plants, outfall sewers and any and all
appurtenances necessary in the operation of the same owned and operated by
a city.
(d) "Water and sewage system" shall mean a combination of a waterworks
system and sewage disposal system.
History: L. 1953, ch. 72, § 1; L. 1955, ch. 80, § 1;
L. 2006, ch. 95, § 2; July 1.
12-857: Same; ordinance.
The governing body of any city may by ordinance declare its waterworks
system and sewage disposal system to be a water and sewage system and
thereafter it shall be operated and financed as herein provided.
History: L. 1953, ch. 72, § 2; June 30.
12-858: Same; revenues.
Upon the establishment of the water and sewage system the current
operating funds of or budgeted for the two systems shall be transferred to
a "water and sewage fund" and thereafter all revenue collected for such
water and sewage system shall be credited to such fund for the use of such
water and sewage system.
History: L. 1953, ch. 72, § 3; June 30.
12-859: Same; creation of water and sewage department; operation.
The governing body of the city shall by ordinance create a water and
sewage department for the operation of the water and sewage system and
provide for such officers and employees as may be necessary for the proper
operation of the water and sewage system.
History: L. 1953, ch. 72, § 4; June 30.
12-860: Same; rates and charges; use of revenue;
collection; liens.
The governing body of the city shall establish rates and
charges
for water and for the use of the sewage disposal system. The
amount of such rates and charges shall be
reasonable and sufficient to pay the cost of operation, repairs,
maintenance, extension and enlargement of the water and sewage system and
improvements thereof and new construction and the payment of any bonds and
the interest thereon as may be issued for such water and sewage system.
No revenue shall be used for the payment of
bonds payable
primarily by assessments against property in sewer districts. Such
revenue may be used to pay revenue bonds
or general
obligation bonds payable by the city at large issued either
for
the waterworks system or sewage disposal system before
the systems were combined or
for the water and sewage system after they have been combined. The city is
authorized to discontinue water service for any failure to pay the rates or
charges fixed for either water service or the use of the sewage disposal
system or both when due.
History: L. 1953, ch. 72, § 5; L. 1971, ch. 47, § 1;
L. 1974, ch. 60, § 1;
L. 2004, ch. 107, § 2;
L. 2005, ch. 90, § 2;
L. 2006, ch. 95, § 3; July 1.
12-861: Same; assessment and bonds statutes applicable.
Where by other statutes the construction of lateral and other sewers is
payable by assessments against the property in a benefited district such
statutes shall be followed and the costs assessed and bonds issued as
provided by such statutes.
History: L. 1953, ch. 72, § 6; June 30.
12-862: Same; contracts, revenue bonds; protest petition; election.
The governing body, by a two-thirds vote of the members thereof may
contract for or make repairs, alterations, extensions, reconstructions,
enlargements or improvements of its water and sewage system except as
provided in K.S.A. 12-861 and issue or cause to be issued revenue bonds in
payment of the cost thereof without submitting to a vote of the electors of
such city the proposal to contract for or to make such repairs,
alterations, extensions, reconstructions, enlargements or improvements and
to issue such bonds in payment of the cost thereof: Provided, That the
governing body or other proper officers of any such city shall, before
contracting for or making any such repairs, extensions, reconstructions,
enlargements or improvements, cause to be published in the official paper
of said city a notice of its intention so to do which notice shall describe
the nature of the proposed repair, alteration, reconstruction, enlargement
or improvement, state the total amount of the cost thereof and the amount
of the bonds to be issued for the payment thereof: Provided, however,
If, within fifteen (15) days after the publication as aforesaid of such
notice, there shall be filed with the clerk of such city a written protest
against such proposed repairs, alterations, extensions, reconstructions,
enlargements or improvements and such bond issue, signed by not less than
twenty percent (20%) of the qualified electors of such city, the governing
body of such city shall thereupon submit such proposed project and the
proposed bond issue to the electors of such city at a special election to
be called for that purpose upon at least ten (10) days' notice, to be held
not later than sixty (60) days after the filing of such protest or at a
regular city election or general election which will occur not sooner than
thirty (30) days nor not later than sixty (60) days after the filing of
such protest. In the event that a majority of such voters voting on such
proposition at such election shall vote in favor thereof, such repairs,
alterations, extensions, reconstructions, enlargements or improvements
shall be made and such bonds may be issued in payment of the cost thereof.
History: L. 1953, ch. 72, § 7; L. 1965, ch. 101, §
1; March 18.
12-863: Same; revenue bonds; liens; recitals; negotiability; general
obligation bonds where combined water and sewage system.
All bonds issued under the provisions of K.S.A. 12-862 shall
be revenue bonds and such bonds are hereby made a lien on the revenues
produced from the water and sewage system, but shall not be general
obligations of the city and shall not contain the recital set forth in
K.S.A. 10-112 and amendments thereto, but shall contain recitals stating
that they are issued in conformity with the provisions, restrictions and
limitations of this act, that such bonds and the interest thereon are to be
paid by the issuing city from the revenues derived from the rates and
charges herein mentioned and not from any other fund or source, that the
same have been registered in the office of the city clerk of the issuing
city and the auditor of the state of Kansas, respectively, and that said
bonds are negotiable. All such bonds, when registered and issued, as herein
provided, shall import absolute verity and shall be conclusive in favor of
all persons purchasing such bonds that all proceedings and conditions
precedent have been had and performed to authorize the issuance thereof and
such bonds shall be negotiable and may be issued in addition to the
statutory limit of bonded indebtedness of the issuing city.
Any city which has combined its water and sewage system under the
provisions of K.S.A. 12-857 may issue general obligation bonds for the
improvement of such system in the same manner and subject to the same
limitations as such city could issue if it had not combined the system.
History: L. 1953, ch. 72, § 8; L. 1974, ch. 60, § 2;
July 1.
12-864: Same; minimum sale price; school fund commission may not
purchase.
Bonds issued under this act shall not be sold for less than the
principal amount thereof and accrued interest and shall not be offered for
sale to nor purchased by the state school fund commission.
History: L. 1953, ch. 72, § 9; L. 1957, ch. 83, § 1; April 17.
12-865: Same; revenue bonds;
terms; disposition of excess funds.
Revenue bonds issued under the provisions of this act shall mature not later
than 40 years after the date of issuance. The bonds shall bear interest
at a rate not to exceed the maximum rate
of interest prescribed by K.S.A. 10-1009, and amendments thereto. In no case
where
revenue bonds are issued
under and by virtue of this act shall the total amount received therefrom be in
excess of the actual cost of the project. No city shall have any right
or authority to levy taxes to pay any of the principal of or interest on
any revenue bonds or any judgment against the issuing city on account
thereof and the provisions of K.S.A. 10-113, and amendments thereto,
shall not apply to any
bonds issued hereunder.
History: L. 1953, ch. 72, § 10; L. 1969, ch. 77, § 1; L. 1970,
ch. 64, § 11; L. 1978, ch. 99, § 11; L. 1983, ch. 49, § 45; May 12.
12-866: Same; revenue bonds; rates, fees and charges; annual audit,
filing.
(a) The governing body
or other proper officers having the control and management of the
utilities of such city shall provide for the payment of such
bonds by fixing rates,
fees or charges for the use of or services rendered by such utility,
which rates, fees or charges shall be sufficient to pay the cost of
operation, improvement and maintenance of the utility and pay the
principal of and the interest upon such bonds when due.
(b) The city shall cause an audit to be made annually
by a licensed municipal public accountant or certified public accountant
of the operation of any utility for which
revenue bonds have been issued by the city. If the
audit discloses that proper provision has not been made for all of the
requirements of this section, then the governing body or other officers
having the control and management of the water and sewage system of such
city shall promptly proceed to cause to be charged for the utility
service rendered rates which will adequately provide for the
requirements of this section. Within
one year after the end of the audit period of the audit, a copy of the audit
report shall be filed with the clerk of the city and
shall be open to public inspection.
History: L. 1953, ch. 72, § 11; L. 1980, ch. 64, § 2; July 1.
12-867: Same; eminent domain.
Any city operating under this act shall have the power of eminent domain
with [within] or without the city for the purposes of this act.
History: L. 1953, ch. 72, § 12; June 30.
12-868: Same; combined waterworks and sewage system revenue bonds,
when; act supplemental.
Any city governed by the provisions of this act having authorized or
issued revenue bonds under this act or having authorized or issued
waterworks revenue bonds and sewage system revenue bonds under any other
authority may, from time to time, without an election, issue its combined
waterworks and sewage system revenue bonds pursuant to the provisions of
this act in lieu of or in refund of any such revenue bonds previously
authorized or issued. The power herein granted to issue bonds shall be
supplemental to and not amendatory of the provisions of K.S.A. 10-102.
History: L. 1953, ch. 72, § 13; L. 1958, ch. 7, § 1 (Special Session); May 8.
12-869: Validation of proceedings and issuance of bonds for waterworks
improvements in certain cities of second class.
Any city of the second class which has, pursuant to the provisions of
article 8 of chapter 12 of the Kansas Statutes Annotated, and any
amendments thereto, authorized the issuance of general obligation bonds of
the city for the making of waterworks improvements and held a bond election
therefor prior to July 1, 1973, and a majority of the legal electors voting
on the question voted in favor of the issuance of bonds in an amount not to
exceed one hundred thousand dollars ($100,000), is hereby authorized to
issue such bonds notwithstanding the fact that insufficient time elapsed in
the giving of notice by publication concerning the holding of such election
under the general bond law, and all proceedings thereunder and all bonds
issued pursuant thereto are hereby validated and confirmed.
History: L. 1974, ch. 83, § 1; Feb. 15.
12-870: Natural gas acquisition systems of cities; definitions.
As used in this act, unless the context otherwise requires:
(a) "City" means any city in this state.
(b) "Authority" means the natural gas authority authorized under this
act.
(c) "Board" means the members of the authority.
(d) "Natural gas acquisition system" or "system" means all contracts for
the purchase of natural gas at the wellhead, contracts for the transmission
and processing of natural gas, contracts for the sale and delivery of
natural gas to consumers, contracts for the sale for resale and delivery of
natural gas to distributors, and all other contracts made under authority
of this act by the city or the authority, together with all expenditures
for obligations under such contracts and all receipts from the sale or
other disposition of natural gas and other products pursuant to such
contracts. Notwithstanding the provisions of K.S.A. 66-104 which exempt
municipally owned or operated gas utilities, the system defined herein is
hereby expressly declared to be a public utility and shall be subject to
the jurisdiction and control of the state corporation commission and shall
be governed by the provisions of article 1 of chapter 66 of Kansas Statutes
Annotated.
History: L. 1974, ch. 260, § 1; L. 1974, ch. 261, § 1; April 8.
12-871: Same; natural gas authority; creation; board; selection, terms,
officers; organization; meetings; resolutions.
The governing body of any city may itself exercise any authority granted
herein or may by ordinance create and establish an authority to be known as
"city of _______________ natural gas authority." The governing and
administrative body of the authority shall be a board consisting of five
(5) members, all of whom shall be appointed by the governing body of said
city. The appointment of the members shall be for a term which shall expire
on the expiration date of the term of office of the members of said
governing body. Each member shall continue to serve until the appointment
and qualification of a successor. As soon as possible after the appointment
of the initial members, the board shall organize for the transaction of
business, select a chairman and a temporary secretary from its own number,
and adopt bylaws, rules and regulations to govern its proceedings. The
chairman and other officers shall be elected annually by the board.
Regular meetings of the board shall be held at least once in each
calendar month, the time and place of such meetings to be fixed by the
board. Three (3) members of the board shall constitute a quorum for the
transaction of business. All action of the board shall be by resolution and
the affirmative vote of at least three (3) members shall be necessary for
the adoption of any resolution.
History: L. 1974, ch. 260, § 2; March 18.
12-872: Same; sue and be sued; seal; purposes; contracts; limitations.
(a) The authority may sue and be sued in its corporate name but
execution shall not in any case issue against any property of the
authority. It may adopt a common seal and change the same at pleasure.
(b) The purpose of the authority shall be to determine the natural gas
requirements of the city and to provide for natural gas sources necessary
to meet such requirements. To carry out said purpose, the authority shall
have the power to negotiate and, subject to approval of the governing body
of the city, execute contracts for the production, purchase, sale,
transmission and distribution of natural gas in Kansas. Such contracts may
provide for:
(1) The purchase of natural gas at any wellhead in Kansas for the
wellhead cost of the gas and may contain escalator clauses in the event
that any order may be made by any authorized federal or state agency
increasing the wellhead cost of gas;
(2) the transmission of natural gas by any existing pipeline corporation
or public utility;
(3) the sale for resale of natural gas to private distributors located
in the city and the delivery of the gas to the distribution systems of said
private distributors;
(4) the direct sale and delivery of natural gas to industrial,
institutional and commercial consumers within the city; and
(5) the construction and operation of pipelines by pipeline corporations
or public utilities for the use of the authority.
(6) The construction of pipelines by the authority when no pipeline
exists or when existing pipelines have no available space or are inadequate
and when approved by the Kansas corporation commission.
(7) Said contracts may be for a period not to exceed twenty (20) years.
History: L. 1974, ch. 260, § 3; March 18.
12-873: Same; compliance with federal law and rules and regulations.
In fulfilling its duties herein authorized, the city or the authority
shall do all things necessary to comply with the requirements of the
federal natural gas act of 1938 and with rules and regulations of the
federal power commission when applicable.
History: L. 1974, ch. 260, § 4; March 18.
12-874: Same; revenue bonds;
refunding bonds.
The city or the authority shall have the continuing power to borrow
money for the purpose of acquiring contract rights of the system and for
acquiring necessary cash working funds. For the purpose of evidencing
the obligation of the city or the authority to repay such money,
the city or the authority may from time to time issue its
interest-bearing revenue bonds and may also from time to time issue its
interest-bearing revenue bonds to refund any such bonds in the manner
prescribed by and subject to the provisions of this act and K.S.A.
10-116a, and amendments thereto. All bonds other than refunding
bonds shall be payable solely from the revenues or income to be derived
from the operation of the system.
The ordinance authorizing the bonds may provide the date that the bonds
will bear; the time, not exceeding 40 years from their respective dates,
when the bonds will mature; the rate
of interest, not exceeding the maximum rate prescribed by K.S.A. 10-1009,
and amendments thereto, that the bonds will bear; the form of the bonds;
the registration privileges that the bonds carry; the manner in which the
bonds will be executed; the place where the bonds are payable; the manner
in which and the terms upon which the bonds are subject to redemption,
with or without premium as stated on the face of the bonds; the manner in
which the bonds will be authenticated; and other terms and covenants.
Notwithstanding the form or tenor thereof and in the absence of an
express recital on the face thereof that it is nonnegotiable, all such
bonds shall be negotiable instruments. Pending the preparation and
execution of any such bonds, temporary bonds may be issued with or
without interest coupons, as provided by ordinance. To secure the
payment of any or all of such bonds and for the purpose of setting forth
the covenants and undertakings of the city or the authority in
connection with the issuance thereof and the issuance of any additional
bonds payable from such revenue or income to be derived from the system,
the city or the authority may execute and deliver a trust agreement. Under
no circumstances shall any bonds issued by the city or
the authority or any other obligation of the authority be or become an
indebtedness or obligation of the state of Kansas or of any other
political subdivision of or municipality within the state,
and no
such bond or obligation shall be or become an indebtedness of the city or the
authority within the purview of any constitutional limitation or
provision. It shall be plainly stated on the face of each bond that
it does not constitute such an indebtedness or obligation but is payable
solely from the revenues or income as provided in this section.
Before any such bonds, except refunding bonds, are sold, the entire
authorized issue, or any part thereof, shall be offered for sale as a
unit and bids thereon shall be taken. All bids shall be sealed,
filed and opened as provided by ordinance and the bonds shall be awarded
to the highest and best bidder or bidders therefor. The city or the
authority shall have the right to reject all bids and take new bids. However,
if no bids are received, such bonds may be sold at not less than par
value within 60
days after the bids are required to be filed.
History: L. 1974, ch. 260, § 5; L. 1977, ch. 58, § 4; L. 1981,
ch. 173, § 18; L. 1983, ch. 49, § 46; May 12.
12-875: Same; investment of funds.
The city or the authority shall have power to invest and reinvest any
funds held in reserve or sinking funds not required for immediate
disbursement, in investments authorized by K.S.A. 12-1675, and amendments
thereto, in the manner prescribed therein or in bonds or notes of the United
States, bonds of the state of
Kansas or bonds of any county or city of the first class in which said
authority is located or in bonds of the authority at not to exceed their
par value or their call price and to sell these securities whenever the
funds are needed for disbursement. Such investment or reinvestment of any
funds shall not be in conflict with any provisions of any trust agreement
securing the payment of bonds of the city or the authority.
History: L. 1974, ch. 260, § 6; L. 1977, ch. 54, § 6; July 1.
12-876: Same; levy of taxes not authorized.
The authority shall not have power to levy taxes for any purpose
whatsoever.
History: L. 1974, ch. 260, § 7; March 18.
12-877: Same; deposit of funds with city treasurer.
All funds shall be deposited with the city treasurer and shall be
handled in the same manner as other city funds as set out in K.S.A.
13-2107.
History: L. 1974, ch. 260, § 8; March 18.
12-878: Same; signature of officer on instruments.
In case any officer whose signature appears upon any check, draft, bond
or any interest coupon, issued pursuant to this act, ceases to hold office
before the delivery thereof to the payee or the purchaser of any bond, such
officer's signature nevertheless shall be valid and sufficient for all
purposes with the same effect as if such officer had remained in office
until delivery thereof.
History: L. 1974, ch. 260, § 9; L. 1983, ch. 49, § 47; May 12.
12-879: Same; employees for system.
The city manager of such city may provide for the selection of employees
reasonably necessary in connection with the acquisition, construction,
maintenance and operation of such natural gas acquisition system, define
their duties, regulate their compensation and provide for their removal.
History: L. 1974, ch. 260, § 10; March 18.
12-880: Same; rates and charges for sale of gas.
The city or the authority shall fix rates and charges for the sale of
natural gas provided by the system which shall be at all times sufficient
in the aggregate to provide revenues (a) for the payment of the interest on
and principal of all bonds and other obligations payable from said revenues
and to meet all other charges upon such revenues as provided by any trust
agreement executed by the city or the authority in connection with the
issuance of bonds under this act, and (b) for the payment of all operating
costs and all other costs and charges incidental to the operation of the
system.
History: L. 1974, ch. 260, § 11; March 18.
12-881: Same; trust agreements to secure bonds; contents; expenses.
In the discretion of the city or the authority any bonds issued under
the provisions of this act may be secured by a trust agreement by and
between the city or the authority and a corporate trustee, which may be any
trust company or bank having the powers of a trust company within or
without the state. Such trust agreement or the resolution providing for the
issuance of such bonds may pledge or assign the contract rights and
revenues to be received thereunder. Such trust agreement or resolution
providing for the issuance of such bonds may contain such provisions for
protecting and enforcing the rights and remedies of the bondholders as may
be reasonable and proper and not in violation of law, including covenants
setting forth the duties of the city or the authority in relation to the
acquisition of contracts and contract rights, the rates to be charged, and
the custody, safeguarding and application of all moneys.
It shall be lawful for any bank or trust company incorporated under the
laws of the state which may act as depository of the proceeds of bonds or
of revenues to furnish such indemnifying bonds or to pledge such securities
as may be required by the city or the authority. Any such trust agreement
may set forth the rights and remedies of the bondholders and of the
trustee, and may restrict the individual right of action by bondholders. In
addition to the foregoing, any such trust agreement or resolution may
contain such other provisions as the city or the authority may deem
reasonable and proper for the security of the bondholders. All expenses
incurred in carrying out the provisions of such trust agreement or
resolution may be treated as a part of the cost of the operation of the
system.
History: L. 1974, ch. 260, § 12; March 18.
12-882: Same; moneys received deemed trust funds; trust agreements.
All moneys received pursuant to the authority of this act, whether as
proceeds from the sale of bonds or as revenues, shall be deemed to be trust
funds to be held and applied solely as provided in this act. The resolution
authorizing the bonds of any issue or the trust agreement securing such
bonds shall provide that any officer with whom, or any bank or trust
company with which, such moneys shall be deposited shall act as trustees of
such moneys and shall hold and apply the same for the purposes hereof,
subject to such regulations as this act and such resolution or trust
agreement may provide.
History: L. 1974, ch. 260, § 13; March 18.
12-883: Same; enforcement of rights and performance of duties.
Any holder of bonds issued under the provisions of this act or any of
the coupons appertaining thereto, and the trustee under any trust
agreement, except to the extent the rights herein given may be restricted
by such trust agreement, may, either at law or in equity, by suit, action,
mandamus or other proceeding, protect and enforce any and all rights under
the laws of the state or granted hereunder or under such trust agreement or
the resolution authorizing the issuance of such bonds, and may enforce and
compel the performance of all duties required by this act or by such trust
agreement or resolution to be performed by the city or the authority or by
any officer thereof, including the fixing, charging and collecting of rates
and charges.
History: L. 1974, ch. 260, § 14; March 18.
12-884: Same; annual report and financial statement; filing.
As soon after the end of each fiscal year as may be expedient, the city
or the authority shall cause to be prepared and printed a complete and
detailed report and financial statement of its operation and of its assets
and liabilities. A reasonably sufficient number of copies of such report
shall be printed for distribution to persons interested and copies of such
report shall be filed with the city clerk.
History: L. 1974, ch. 260, § 15; March 18.
12-885: Municipal energy agencies for electricity and other energy;
creation by two or more cities; purposes; liability for tortious acts.
Subject to the provisions of K.S.A. 12-885 to 12-8,111,
inclusive, and amendments thereto, any two or more cities may create
a municipal energy agency for the purpose of planning, studying and
developing supply, transmission and distribution facilities and programs
and for the purpose of securing an adequate, economical
and reliable supply of electricity and other energy and transmitting the
same for distribution through the distribution systems of such cities.
Any municipal energy agency created under the provisions
of this act shall be a quasi-municipal corporation, except that nothing
herein shall be construed as relieving any municipal energy agency created
under the provisions of this act from liability for tortious acts.
History: L. 1977, ch. 48, § 1;
L. 1988, ch. 74, § 1; July 1.
12-886: Definitions.
As used in this act, unless the context otherwise requires:
(a) "Agency agreement" means the written agreement between or among two
or more cities establishing a municipal energy agency.
(b) "City" means a city organized and existing under the laws of Kansas
and authorized by such laws to engage in the local distribution and sale
of electrical energy .
(c) "Governing body," with respect to a city, means the governing body
of the city or, if another board, commission or body is empowered by law
or by resolution of the governing body of the city to establish and regulate
rates and charges for the distribution of electrical energy within the city,
such board, commission or body shall be deemed to be the governing body.
(d) "Municipal energy agency" means a quasi-municipal corporation created
by agreement between or among two or more cities pursuant to this act
to exercise any of the powers granted by K.S.A. 12-885 to
12-8,111, inclusive, and amendments thereto, and including the
acquisition, construction, reconstruction,
operation, repair, extension or improvement of electric generation or transmission
facilities or the acquisition of any interest therein or any right to part
or all of the capacity thereof.
(e) "Person" means a natural person, a public agency, private corporation,
firm, partnership, cooperative association
or business trust of any nature whatsoever, organized and existing under
the laws of any state or of the United States.
(f) "Project" means any plant, works, system, facilities and real and
personal property of any nature whatsoever, together with all parts thereof
and appurtenances thereto, used or useful in the generation, production,
transmission, purchase, sale, exchange or interchange of electric energy
or any interest therein or capacity thereof and including all studies and
planning with respect thereto.
(g) "Public agency" means any city or other municipal corporation, political
subdivision, governmental unit or public corporation created by or pursuant
to the laws of this state, another state or the United States; any state
or the United States; or any person, board or other body declared by the
laws of any state or the United States to be a department, agency or instrumentality
thereof.
History: L. 1977, ch. 48, § 2;
L. 1988, ch. 74, § 2;
L. 1998, ch. 119, § 1; July 1.
12-887: Resolution providing for creation; protest petition.
Whenever the governing bodies of two (2) or more cities propose to create
a municipal energy agency, a majority of the members of each such governing
body shall adopt a resolution providing for the creation of such a municipal
energy agency. Such resolution shall state the purpose for the creation
of such agency, shall give the names of each city proposing to be a member
thereof, shall state that bonds and other indebtedness may be incurred by
such agency to be paid from revenues of the agency and shall state that
each city becoming a member is authorized to enter into an agreement for
a period not exceeding forty (40) years for the purchase of electricity
or other energy from such agency. Such resolution shall be published in
the official city newspaper of each such city and shall be effective sixty
(60) days after such publication, unless within such sixty (60) days there
is filed with the clerk of any such city a petition protesting the creation
of such proposed municipal energy agency, signed by registered electors
of such city equal in number to not less than ten percent (10%) of those
electors of the city who voted at the last preceding city election. If such
petition is filed, the governing body of such city shall submit such proposition
to the electors of such city at a special election to be called and held
for that purpose. Such election shall be held not more than sixty (60) days
after the petition is filed. Notice of the election shall be published once
in the official city newspaper, with such publication to be not more than
ten (10) nor less than five (5) days prior to the date of such election.
Such special election may be held at the time of any general election which
occurs not sooner than thirty (30) days nor later than sixty (60) days after
the filing of the petition. If a majority of the electors of such city voting
on the proposition shall vote in favor thereof, the resolution providing
for the creation of the municipal energy agency shall take effect.
History: L. 1977, ch. 48, § 3; July 1.
12-888: Agreement creating; requirements, procedure.
(a) Any city in which the resolution of the governing body thereof providing
for the creation of a municipal energy agency has become effective may become
a member of such municipal energy agency, with all the rights, powers and
duties pertaining thereto, by executing an agreement creating the municipal
energy agency. Such agreement shall be approved by resolution of a majority
of the members of the governing body of each such city and shall be executed
by the mayor of each such city. The agreement shall include the following:
(1) The name of the agency, which shall include the words "municipal energy agency";
(2) the duration of the agency, which may be perpetual;
(3) the name of each city proposing to be a member of the agency;
(4) the address of the agency's registered office and the name of the
resident agent in charge of such office, except that where the city clerk
of a member city is to be the resident agent the name of such city clerk
need not be specified in the agreement;
(5) the manner in which bylaws of the agency may be adopted;
(6) the number of directors to serve on the board of directors and the
method of selecting such directors, consistent with the provisions of K.S.A. 12-891;
(7) a statement that the cities which are members of the municipal energy
agency are not liable for the obligations of the agency;
(8) any limitation or restriction on the power of the agency not specified
in this act; and
(9) any other provision relating to the organization or operation of the
agency which the parties deem appropriate and which is not inconsistent