13-1210: Same; bonds.
Any such city shall have the power and authority to issue bonds as
provided by law, and the proceeds derived from the sale of the same, or
such part thereof as may be necessary, may be used by such city for the
purpose of acquiring said grounds and for the purpose of purchasing,
constructing or extending such waterworks.
History: R.S. 1923, § 13-1210; Dec. 27.
13-1211:
History: L. 1911, ch. 85, § 1; R.S. 1923, § 13-1211;
Repealed, L. 1975, ch. 59, § 1; July 1.
13-1212:
History: R.S. 1923, § 13-1212; Repealed, L. 1951, ch. 131, §
1; June 30.
13-1213: Bonds for utilities in cities over 50,000; submission to
vote.
Whenever a majority of the legally qualified electors voting at an
election called and held in any city of the first class having a population
of more than fifty thousand, as hereinafter provided, shall vote in favor
of the issuance of bonds of such city for the purpose of purchasing,
constructing or extending a plant or works for the purpose of supplying
such city and its inhabitants with water, gas, electric light or heating,
or such part thereof as the governing body of said city may deem necessary,
it shall be lawful for the governing body of said city, by ordinance duly
passed, to provide for the issuance of the bonds so voted, and to purchase,
construct and contract for the construction of such waterworks, gas,
electric-light or heating plant.
History: L. 1908, ch. 32, § 1; Feb. 12; R.S. 1923, § 13-1213.
13-1214: Same; ordinance.
When the governing body of any city of the first class having a
population of more than fifty thousand shall desire to procure authority to
issue bonds under the provisions of this act, said governing body shall
pass an ordinance providing for the calling and holding of an election for
the submission of such question to the electors of said city, which
election shall be held as provided by law.
History: R.S. 1923, § 13-1214; Dec. 27.
13-1215: Same; limitation.
The amount of the bonds which may be issued under the provisions of this
act shall not be subject to any statutory limitation on bonded indebtedness,
except as herein provided, but no bonds in excess of ten percent (10%) of
the assessed valuation of such city shall be issued under
the authority of this act.
History: L. 1908, ch. 32, § 4; R.S. 1923, § 13-1215; L. 1978,
ch. 69, § 1; July 1.
13-1216: Railway franchise in cities over 75,000; election.
Any city of the first class having a population of not less than 75,000,
for the purpose of aiding it in obtaining terminal, switch or depot
facilities, is hereby empowered to grant to any railway company including
terminal railway companies, but excluding street railway companies, the
privilege of building and maintaining a railway across, over or along any
street, alley or public grounds in said city for a period not to exceed 200
years: Provided, however, That no such right, privilege or franchise
shall ever be granted until the ordinance granting the same shall have been
submitted to the legally qualified voters of such city and approved in the
manner hereinafter provided at a general or special election to be held for
that purpose.
If at said election, the majority of votes cast shall be for said
ordinance and the making of said grant, the same shall thereupon become
effective; but if a majority of the votes cast at said election shall be
against the said ordinance and the making of said grant, said ordinance
shall not confer any rights, powers or privileges of any kind whatsoever
upon the applicants therefor but shall be ipso facto null and void.
Said proposition shall be submitted subject to all the laws regulating the
submission of propositions. All expense of the election shall be borne by
the proposed grantee.
History: L. 1913, ch. 102, § 1; March 22; R.S. 1923, § 13-1216.
13-1217: Same; ordinance.
The ordinances granting such privileges shall be enacted as other
ordinances of the city, but the same shall not be subject to any of the
special proceedings, requirements or limitations imposed by K.S.A. 13-2801.
History: L. 1913, ch. 102, § 2; March 22; R.S. 1923, § 13-1217.
13-1218, 13-1219:
History: L. 1913, ch. 103, §§ 1, 2; R.S. 1923, §§
13-1218, 13-1219; Repealed, L. 1953, ch. 64, § 1; June 30.
13-1220: Board of public utilities in cities of more than 100,000 owning
and operating waterworks and electric-light plant.
In each city of the first class that now has or hereafter acquires a
population of more than one hundred thousand inhabitants, which now or
hereafter owns and operates a municipal waterworks plant and a municipal
electric-light plant, there shall be
an administrative agency known as the board of public utilities of such
city, to be elected in
the manner hereinafter provided. The board shall
manage, operate, maintain and control the daily operation of the water plant
and electric-light
plant of such city, and shall make all such rules and regulations as are
necessary for the safe, economical and efficient operation and
management of such water plants and electric-light plants. The
board may also improve, extend or enlarge the water plants
and electric-light plants as hereinafter provided, and furnish a supply
of water, light, heat and power for domestic, industrial and municipal
purposes.
History: L. 1929, ch. 126, § 1; L. 1980, ch. 72, § 2; April 14.
13-1221: Same; membership; term; elected officers and secretary; vacancies;
elections by district.
(a) The board of public utilities shall consist of six members,
three of which shall be nominated and elected by the city at large
and three of which shall be elected by the qualified electors of the
city within each of the districts established pursuant to subsection (b).
Members elected to the board of public utilities after the effective date
of this act shall hold
their offices for terms of four years, and until their successors are
elected and qualified. Each of the members elected from districts shall
be qualified voters of the districts from which elected. Elections of members
of the board shall be held at the time of the general city election.
The provisions of article 17 of chapter 13 of the Kansas Statutes Annotated, pertaining
to the election and removal of officers, shall govern so far as
applicable.
The board shall elect from its own number a president and
vice-president and shall appoint a secretary. Notwithstanding the
provisions of K.S.A. 13-1222, relating to a quorum for the
transaction of business and a vote for action by the board, any vacancy
occurring in the board shall be filled by a majority vote of the
members remaining on the board. Where a vacancy has occurred in the membership
of any board of public utilities, a member selected to fill such vacancy
shall serve until the next city election,
at which time a successor shall be elected to serve the remainder of the
unexpired term, if any.
(b) The districts numbered 1, 2 and 3 established in 1979 shall be subject
to alteration at the first meeting of
the board in each fourth year thereafter, but such
alteration shall only be for the purpose of establishing and maintaining
the equality of population among the districts.
History: L. 1929, ch. 126, § 2; L. 1931, ch. 119, § 1; L.
1933, ch. 124, § 1; L. 1973, ch. 75, § 1; L. 1977, ch. 66, § 1,
L. 1981, ch. 173, § 38; L. 1982, ch. 84, § 1; July 1.
13-1221a: Same; ratification of prior appointments.
The appointment of any member of the board of public utilities made
prior to the effective date of this act by a number of members remaining
on said board which was less than that necessary to constitute a quorum
as provided for in K.S.A. 13-1222, is hereby ratified and affirmed.
History: L. 1977, ch. 66, § 6; July 1.
13-1222: Same; meetings, records, quorum, salary and expenses, qualifications.
The board shall hold meetings regularly at least once in each week and shall
designate the time and place thereof. It shall adopt its own rules of procedures
and keep a record of its proceedings. All meetings, records and accounts
of the board shall be public. Four (4) members shall constitute a quorum
for the transaction of business, and any action by the board shall require
an affirmative vote of not less than four (4) members thereof. The salary
of the members of the board of public utilities shall be one hundred dollars
($100) per month, and such members shall be entitled to their actual and
necessary expenses incurred in the performance of their duties as members
of the board of public utilities, but only if such expenses are verified
by receipts which shall be available for inspection by the city governing
body. Members of the board of public utilities shall be qualified electors of the city.
History: L. 1929, ch. 126, § 3; L. 1967, ch. 104, § 1; L. 1975,
ch. 95, § 1; L. 1977, ch. 66, § 2; July 1.
13-1223: Same; powers and duties of board; purchasing agent, powers
and duties; governing body of city, powers and duties; ability to sue and
be sued; personal liability of member or employee of board.
The board of public utilities shall have exclusive control of the daily
operation of the water plant and the electric-light plant and
shall be charged with the
duty of producing and supplying the city and its inhabitants with water
and electric energy for domestic and industrial purposes and for public
use in the city, and subject to the provisions of K.S.A. 66-104 and 66-131,
may sell and dispose of any surplus outside of
the city. Except for attorneys, it shall have power to hire and discharge all employees,
agents and officers of the water and light departments and fix their
compensation. The board may pay the
cost of group hospitalization, surgical benefits, and insurance for its
employees. The purchasing agent for the board shall purchase all supplies and
make all contracts for services and equipment required by the board or
any department thereof, and shall keep true and accurate records of all
such purchases and contracts. The purchasing agent shall make
monthly reports to the board of all purchases made or contracts entered,
and for which department such were made.
Prior to making a purchase of a commodity other than fuel or
entering into a contract for supplies or services, either of which involves
an expenditure of more than ten thousand dollars, the purchasing agent shall
advertise for bids thereon in a
daily newspaper designated by the board. No advertisement for
bids shall be required in the event of an emergency
or for services requiring specialized products or skills.
The board may in the name of and on behalf of the city take and hold by purchase,
gift, devise, bequest or otherwise such franchises and real or personal
property either within or without the city as may be necessary
or convenient to carry out the
purposes for which it is
established but no real property or improvements thereon shall be sold by
the board unless such sale is approved by the governing body of the city.
It shall be the duty of the governing body of the city when requested
by the board to enact such ordinances as may be
deemed necessary by the city for the protection of the water and light plants, and
to institute condemnation proceedings whenever, in the judgment of the city,
private property should be taken in the name
of the city for water plant or electric-light plant purposes. Both the
board and the city may establish all reasonable rules
and regulations
to protect the rights and property vested in the city and under control
of the board. Both the board and the city may issue vouchers or
warrants in payment of all claims
and accounts incurred by the board for the respective departments,
which vouchers or warrants when approved by either the board or the
city shall be authority
to the city treasurer acting in the capacity of the ex officio treasurer
of the board to pay and charge the same against the proper
funds. The board also shall have such other powers
as may be necessary for the
proper discharge of its duties.
The board may sue and be sued but only in the name of and on behalf of
the city except it shall have no standing in any court as a party plaintiff
in any litigation against the city.
The board or any employee of the board shall be personally liable for
any expenditure or loss incurred by the city through failure or refusal
of the board, or such employee, to comply with any ordinance adopted by
such city under authority granted by this act, or the act of which this
section is amendatory.
History: L. 1929, ch. 126, § 4; L. 1967, ch. 105, § 1; L.
1968, ch. 333, § 5; L. 1977, ch. 66, § 3; L. 1980, ch. 72, § 3; April 14.
13-1223a: Same; collection of sewer service charges.
The board of public utilities shall, at the direction of the governing body
of the city, bill, collect and enforce collection of sewer service charges
through the administrative departments of the board in accordance with rules
and regulations and on terms and conditions established by the governing
body of the city.
History: L. 1980, ch. 72, § 22; April 14.
13-1224: Same; manager of production and distribution; qualifications;
duties; salary; bond.
The board of public utilities shall appoint a manager of
production and distribution of the waterworks and electric-light plants
to serve at
the pleasure of the board. Such manager of production and distribution:
(1) shall be an engineer not less than thirty years of age, with not less
than five years' experience in the supervision and operation of water
and electric plants; (2) shall
manage and control the water plant and electric-light plant and their
respective distribution systems; (3) shall inspect all parts of the
plants and see that they are maintained in good condition for use and
that all employees attend to their respective duties; (4) shall keep in
good repair all machinery and
other property; and (5) shall advise the board
as to the needs of the
plants.
Except for office employees, all officers, employees, servants and agents
of the water plant and
electric-light plant shall be under the
immediate control and management of the manager.
A bond to the city in a sum to be fixed by the
board conditioned on the faithful performance of the manager's duties
shall be obtained and paid pro rata
out of the revenue of the departments.
History: L. 1929, ch. 126, § 5; L. 1980, ch. 72, § 4; April 14.
13-1225: Same; manager of collections and accounts; qualifications; duties; bonds.
The board of public utilities shall appoint a manager of
collections and accounts to serve at the pleasure of the board and who:
(1) shall keep a regular set of books for the water plant and the electric
plant, showing in detail the business transactions of each of the
plants; (2) shall be an accountant
not less than thirty years of age and with not less than five years'
experience in utility accounting; (3) shall have general
supervision and charge of all office employees of the departments; and (4)
shall monthly make a
complete report to the board and to the governing
body of the city, showing the transactions of the preceding month and
the financial condition of the water department and the electric-light
department. Such report shall also include a correct account of all
collections, appropriations, expenditures and approved claims entitled
to payment.
A bond to the city in a sum to be fixed by the board conditioned on the
faithful performance of the duties of the manager and any assistants shall be
obtained and paid pro rata out of revenue of the departments.
History: L. 1929, ch. 126, § 6; L. 1980, ch. 72, § 5; April 14.
13-1226: Same; how appointments made; legal services to be provided
by city attorney's office.
Except for attorneys, the board of public utilities shall make all appointments
and hire all
officers, agents, servants and employees in the waterworks and
electric-light plant and fix their compensation and determine their
qualification, and shall have regard alone to relative capacity of
applicants, their moral, physical and health qualifications, and when
appropriate, their qualifications for manual labor. All appointments
shall be made on the basis of their merit alone, and no appointment
shall ever be made on account of political services or affiliations.
Such officers, agents, servants and employees shall serve at the pleasure
of the board. The board shall have no power to retain or pay attorneys or obtain legal
services except as herein provided. All legal services needed by the board
shall be provided by the city attorney's office. The cost of such services
shall be paid by the city treasurer acting in the capacity of ex officio
treasurer of the board from funds of the board upon presentation of vouchers
or warrants authorized by the city commission.
History: L. 1929, ch. 126, § 7; L. 1980, ch. 72, § 6; April 14.
13-1227: Same; water rates; fire hydrants.
The board of public utilities shall fix reasonable rates for water furnished
to consumers which: (1) Will secure an income sufficient to pay all salaries and
wages of all officers and employees in such departments; (2) will cover the
cost of all materials and supplies used in the operation of the plant; (3)
will cover the cost of all repairs; (4) will cover all miscellaneous expenses;
(5) will pay the principal of and the interest on all revenue bond indebtedness
of the city
incurred
for the purpose of purchasing, improving or extending the waterworks,
and will provide a sinking fund sufficient to pay the principal of and the
interest on such indebtedness at maturity; and (6) will cover the cost of
all repairs and
renewals of the plant and all material used, together with a reasonable
allowance for emergency and unforeseen expenses. Upon direction of the city,
the board shall install, repair, replace and remove fire hydrants at a reasonable
cost determined by the city and shall provide an adequate water supply through
such hydrants at a reasonable cost determined by the city. The city may fix
special rates for water furnished to the city for
public purposes, or to organized institutions of charity.
History: L. 1929, ch. 126, § 8; L. 1977, ch. 66, § 4; L. 1980,
ch. 72, § 7; April 14.
13-1228: Same; electricity rates; street lighting equipment and traffic
signal equipment.
The board of public utilities shall fix reasonable rates for electricity
furnished to consumers which: (1) Will secure an income sufficient to pay
all salaries and wages of all officers and employees in such department;
(2) will cover the cost of all materials and supplies used in the operation of
the plant; (3) will cover the cost of all repairs; (4) will cover all miscellaneous
expenses; (5) will pay the principal of and the interest on all revenue
bond indebtedness of the city incurred for the purpose of purchasing, improving
or extending the
electric-light plant and will provide a sinking fund sufficient to pay the
principal of and interest on such indebtedness at maturity; and (6) will cover the
cost of all repairs and renewals of the plant and all material used,
together with a reasonable allowance for emergency and unforeseen
expenses. Upon direction of the city, the board shall install, repair, maintain
and replace street lighting equipment and traffic signal equipment at a
reasonable cost determined by the city, and shall provide an adequate supply
of electricity to such street lights and traffic signals at a reasonable
cost determined by the city. The city may fix special rates for electricity
furnished to the city for public purposes.
History: L. 1929, ch. 126, § 9; L. 1977, ch. 66, § 5; L. 1980,
ch. 72, § 8; April 14.
13-1228a: Board of public utilities; rate increases; notice; procedure.
Prior to the effective date of an increase in any rate fixed
pursuant to the authority of K.S.A. 13-1227 or 13-1228, the board of public
utilities shall hold a public
hearing for the purpose of presenting to the public the findings of the
board supporting the reasonableness of the proposed rate increase. The
findings shall include all pertinent financial data, supporting
documents and analysis relating to the rate increase. Any affected
utility customer may appear at the public hearing and present testimony
of witnesses under oath, conduct cross-examination of employees and
representatives of the board, present oral argument and file written
briefs in support of such customer's position. Notice of the time and
place of the public hearing and the amount of the proposed rate increase
shall be given by publication in a newspaper of general circulation in
the city which owns the public utility at least 90 days prior to the
public hearing. Not less than 90 days prior to the public hearing,
the board shall make available for review by any affected customer
during regular business hours the financial data, supporting documents
and analysis in possession of the board which substantiates the findings
supporting the proposed rate increase. The public hearing shall be
conducted pursuant to procedures adopted by the board not inconsistent
with the provisions of this section. A transcript shall be made of the
public hearing and copies of the transcript shall be made available to
the public upon payment of the cost thereof. The public hearing may be
continued by the board from time to time and within five days after its
completion, the board shall fix such rates as it deems justified
pursuant to its findings and the evidence presented at the public
hearing.
History: L. 1980, ch. 72, § 9; L. 1981, ch. 81, § 1; L. 1982,
ch. 85, § 1; July 1.
13-1228b: Same; definitions.
As used in this act:
(a) "Party" means any affected utility customer who intervened at the
public hearing of the board held pursuant to K.S.A. 13-1228a, and presented
testimony of witnesses under oath, conducted cross-examination of employers
and representatives of the board, presented oral arguments, and filed written
briefs. "Party" does not mean a person who made a limited appearance for
the purpose of presenting a statement for or against a rate decision of the board.
(b) "Decision" means any rate decision of the board made pursuant to K.S.A. 13-1228a.
History: L. 1982, ch. 85, § 2; July 1.
13-1228c: Same; application for review.
Not later than 30 days after the decision of the board is rendered on a
proposed rate increase pursuant to K.S.A. 13-1227 or 13-1228, any party
may apply to the district court in the county in which the utility's administrative
offices are located for a review of the decision.
History: L. 1982, ch. 85, § 3; July 1.
13-1228d: Same; notice of review.
Upon the application for review by a party, the clerk of the district court
shall serve a copy of such application upon the board. The secretary of
the board shall notify by certified mail all parties that
such an application for review has been filed.
History: L. 1982, ch. 85, § 4; July 1.
13-1228e: Same; delivery of transcript to court; review
by district court.
The secretary of the board upon receipt of the copy of the application for review
shall transmit to the clerk of the court a certified transcript of all
pleadings, applications, proceedings and decisions of the
board and of the evidence heard by the board on the public hearings
of the matter or cause. The parties, with the
consent and approval of the board, may stipulate in writing that
only certain portions of the record be transcribed.
The district court shall review the transcript of the public hearings
for the purpose of determining the lawfulness or reasonableness of the board's
decision. The court shall have the power to vacate or set aside the
board's decision if it determines the findings of the board do not substantiate
the reasonableness of the proposed rate increase or that the findings are
contrary to law.
After the transcript is filed with the clerk of the court, the court shall
fix a date for the filing of briefs and for the hearing of the cause. The
review proceedings shall have precedence over all other matters in the district
court in which it is pending and shall be heard by the court without a jury.
Except as provided in this section, the procedure for the review shall be
the same as in other civil actions.
History: L. 1982, ch. 85, § 5; July 1.
13-1228f: Same; stay or suspension of increase.
Upon request of the petitioning party, any utility rate increase
which is the subject of review shall be stayed in whole or in part, as requested,
upon the filing of the petition. Upon request of the board, the district
court shall set a hearing upon five days' notice to determine whether the
stay should be continued. If the stay or suspension is continued, the order
granting the same shall contain a specific finding based upon evidence submitted
to the court and identified by reference thereto, that petitioner would
probably prevail on the merits that the board's rate decision was unlawful
or unreasonable.
History: L. 1982, ch. 85, § 6; July 1.
13-1228g: Same; duty of court.
If the court finds the decision of the board is lawful and reasonable, it
shall render judgment sustaining the decision. The clerk
of the court shall transmit to the board three certified copies of the judgment
of the court. In such event, the board's rate decision will go into effect
as of the date such decision was made.
If the court finds the decision of the board is unlawful or unreasonable
in whole or in part and vacates or sets aside the decision in whole or in
part, the court shall make findings of fact and conclusions of law. Upon
final judgment, the clerk of the court shall transmit to the board three
certified copies of the judgment of the court and the findings of fact and
conclusions of law.
History: L. 1982, ch. 85, § 7; July 1.
13-1228h: Same; appeal to court of appeals.
The state court of appeals shall have jurisdiction of appeals
from decisions of the district court made pursuant to this section. Appellate
proceedings shall have precedence in the court of appeals. Notwithstanding
the provisions of K.S.A. 60-2101, the
state supreme court shall not have appellate jurisdiction of decisions of
the district court or state court of appeals rendered pursuant to this section.
Except as provided by this section, the procedure upon appeal shall be the
same as in other civil actions.
History: L. 1982, ch. 85, § 8; July 1.
13-1228i: Same; pending actions.
All parties to any proceeding before the board in which any rate decision
has been rendered or made pursuant to K.S.A. 13-1228a within 30 days prior
to July 1, 1982, in which no action has been commenced to set aside or vacate
such order, may, before July 11, 1982, apply for rehearing in respect to
any matter determined therein, and thereafter all
proceedings shall be in accordance with the provisions of this act.
History: L. 1982, ch. 85, § 9; July 1.
13-1228j: Same; invalidity of part.
If any provision of this act or the application thereof to any persons or
circumstances is held invalid, such invalidity shall not affect other provisions
or application of the act which can be given effect without the invalid
provisions or application and to this end the provisions of this act are
declared to be severable.
History: L. 1982, ch. 85, § 10; July 1.
13-1229: Same; use and investment of sinking funds; record and report.
It shall be the duty of the board of public utilities to use the sinking
funds herein provided for in the purchase and cancellation from time to
time of bonds issued for the purpose of purchasing, improving or
extending such waterworks and/or electric-light plants, or to place such
bonds in the sinking fund of the water department or the electric-light
department at the option of the board of public utilities.
If the board shall be unable to purchase any such bonds, then it
shall be its duty to invest the moneys of said sinking funds 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 within the state wherein a city of the first or second class
is located, or bonds of unified school districts of this state, or
bonds issued or guaranteed by the United States government. All bonds so
purchased by the board shall bear the highest rate of interest
obtainable at the time of the purchase of the same by the board. Said
board shall not buy the bonds of any city wherein the outstanding bonded
city indebtedness, exclusive of the bonded debt, created for the
purchase or extension of waterworks and/or electric-light plants,
exceeds ten percent of its assessed valuation for the preceding year.
Said board of public utilities shall not, except by a four-fifths vote
of the members thereof, pay for any bonds any greater sum than par, nor
shall they pay more than the actual market price thereof at the time of
purchasing the same. No such bonds shall be purchased until they have
been approved in writing and found valid by a competent attorney.
It shall be the duty of the manager of collections and accounts of
the board of public utilities to keep a permanent record of the accounts
turned into said sinking fund, and a full description of all bonded
indebtedness canceled and retired, and a full description of all bonds
bought for said sinking fund, the date of said bonds, rate of interest,
when payable, number of coupons attached, when bought, from whom
purchased, and the price or rate paid therefor; and the manager of
collections and accounts shall cause to be stamped upon the back of each
of said bonds the words, "Property of the waterworks and/or
electric-light plant sinking fund of the city of __________." Said bonds
shall be kept by the city treasurer, and the board shall not sell any
such bonds for less than their par value.
The city auditor or city clerk shall also keep a duplicate record of
the payment of all such bonds or coupons, and all money received from
the payment of all such bonds or coupons shall be reinvested as a part
of the sinking fund as hereinbefore provided. It shall be the duty of
the manager of collections and accounts of the board of public utilities
to report on January 1 of each year the amount of outstanding
indebtedness of the waterworks and/or electric-light plants, and to
furnish an itemized statement of the moneys and the bonded indebtedness
paid off during the preceding year.
History: L. 1929, ch. 126, § 10; L. 1933, ch. 125, § 1; L. 1935,
ch. 110, § 1; L. 1977, ch. 54, § 12; July 1.
13-1230: Same; treasurer; duties; bond.
The treasurer of the city in which the waterworks or electric-light
plant is located shall be ex officio treasurer of the board of public
utilities. Except as otherwise authorized, all funds and property in the
treasurer's hands belonging to
the water and light department shall be subject to the control of the
board, and it shall be the duty of the treasurer to
receive and receipt for daily the money collected by the board, and to pay
out the same when ordered by the city or the
board upon warrants signed by the mayor and city clerk or chairman or vice-chairman
of the
board and countersigned by the manager of collections and accounts,
certifying that such warrant is issued by authority of the city or the
board. The ex officio treasurer shall give a surety bond to the
board in such amount as it may deem necessary, the bond to
be approved and paid for by the board.
History: L. 1929, ch. 126, § 11; L. 1980, ch. 72, § 10; April 14.
13-1231: Same; bonds; election.
In case the board of public utilities shall deem it necessary and
expedient to vote general obligation bonds for the construction, extension
or improvement
of the water plant and/or the electric-light plant for the purpose of
producing and supplying such city and its inhabitants with water and/or
electricity it shall be the duty of the mayor of such city, within
thirty days after receiving written request from the board, to issue a proclamation
for holding an election to vote such general obligation bonds in the amount requested
by the board and agreed to by the city.
If a majority of the votes cast at such election shall be in favor of
the issuance of such bonds the governing body of such city may issue
and sell such bonds in such amounts and at such time or times as are needed,
the proceeds
thereof to be
delivered to the treasurer of the board. The
election provided for in this section shall be held in accordance with
the general obligation bond election laws of the state of Kansas, and the cost thereof,
if held on dates other than the regular city elections, shall be paid by
the board.
History: L. 1929, ch. 126, § 12; L. 1980, ch. 72, § 11; April 14.
13-1232: Same; general obligation bonds; limitations.
The amount of general obligation bonds which may be issued under the provision of this
act for the purchase or extension of the water and light plants shall
not be in excess of ten percent of the assessed valuation of such city regardless
of any other debt limitation
statute, and they shall not be
counted under any statute limiting the issuance of general obligation bonds for
other purposes.
History: L. 1929, ch. 126, § 13; L. 1980, ch. 72, § 12; April 14.
13-1233:
History: L. 1929, ch. 126, §
14;
Repealed, L. 1980, ch. 72, §
23; April 14.
13-1234:
History: L. 1929, ch. 126, § 15;
Repealed, L. 1980, ch. 72, § 23; April 14.
13-1234a: Same; invalidity of part.
If any provision contained in this act shall for any reason be held invalid
it shall not affect the remainder of this act, and this act shall remain
in force and effect the same as if such part held to be invalid had not
been included herein.
History: L. 1929, ch. 126, § 16; March 14.
13-1234b: Bonds for street lighting and traffic signals in certain first
class cities.
The governing body of any city of the first class owning an electric light
or waterworks plant, which electric light or waterworks plant is managed
and operated by a board of public utilities, is hereby authorized to issue
general improvement bonds of such city for the purpose of purchasing equipment
and material for modern street lighting and traffic lights or signals for such city.
History: L. 1951, ch. 176, § 1; L. 1968, ch. 260, § 1; July 1.
13-1234c: Same; cost estimates, plans and specifications.
Before any equipment or material may be purchased under the provisions of
this act, the city engineer of such city, and an engineer of the board of
public utilities or some other qualified person designated by the governing
body of the city shall make under oath an estimate of the cost of such equipment
and material together with detailed plans and specifications for such equipment
and material to be used, and file the same in the office of the city clerk,
and no bonds shall be issued in excess of said estimate.
History: L. 1951, ch. 176, § 2; March 30.
13-1234d: Same; limitations.
No city shall be authorized to issue bonds in excess of seventy-five thousand
dollars ($75,000) in any one year, which bonds may be issued without a vote
of the people, and shall be issued as provided by law: Provided,
That
any such city may issue such bonds in an amount not to exceed one hundred
fifty thousand dollars ($150,000) in any one year for not to exceed three
(3) years immediately following the effective date of this act.
History: L. 1951, ch. 176, § 3; L. 1967, ch. 106, § 1; July 1.
13-1235: Power to grant right to furnish electric energy to certain
customers in cities over 110,000; application.
In each city of the first class having a population of more than one
hundred and ten thousand inhabitants which owns and operates a municipal
electric-light plant for the purpose of furnishing such city and its
inhabitants with electric energy, the governing body of such city is hereby
authorized to grant, to an individual, firm or corporation engaged in the
business of manufacturing and distributing electric energy, the right to
furnish, distribute and sell electric energy to customers within the city,
when and only when such customers have first made application to the
municipal electric-light plant for a supply of electric energy and the
municipal electric-light plant has refused to furnish said electric energy.
History: L. 1929, ch. 127, § 1; May 28.
13-1236: Sale of electric energy by private utility to customer within
city not served by municipal utility; ordinance; limitations; term.
When granting to any individual, firm or corporation the right to
furnish, distribute and sell electric energy to customers within such
city, such grant shall be made only through the enactment of an
ordinance for such purpose by the governing body of the city. The ordinance
shall be read in full at three consecutive regular meetings of the governing
body and published in full once each week for two consecutive weeks in the
official city paper before becoming effective. The ordinance shall not grant
the right to furnish and sell electric energy to more than one customer
or grant the right to furnish and sell electric energy to any
customer within the city for a period exceeding five years from the
effective date of the ordinance.
History: L. 1929, ch. 127, § 2; L. 1981, ch. 173, § 39; July 1.
13-1237: Same; certain contracts prohibited; exception.
This act shall not authorize the governing body of any such city to
contract with any person, firm or corporation to supply electric energy to
the municipal light plant, and the making of any such contract is hereby
prohibited: Provided, however, That in the event the municipal light
plant is temporarily or partially disabled due to an act of God or the
breaking of machinery or equipment, the governing body of such city may
contract for a supply of electric energy during, but not to exceed, the
time necessary to make repairs to remove such temporary or partial
disability.
History: L. 1929, ch. 127, § 3; May 28.
13-1238: Revenue bonds for public levees, docks, wharves, terminals
and related facilities in cities over 115,000; additional bonds.
The governing body of any city in this state having a population of
at least 115,000 is hereby authorized,
without any election
or vote of the people, to issue and sell revenue bonds of such city as
hereinafter defined and described in the manner provided by the general
bond law, to secure funds to provide the cost of
improving, constructing, reconstructing or repairing public levees, docks,
wharves, river terminals, grain elevator terminal docks, and such works,
storage, structures, facilities and properties as in the judgment of
the governing body is necessary or convenient for the
accommodation of
shipping by highways, pipelines, rail or water, in connection with
commerce or water transportation on the navigable river or rivers adjoining
such public levees. The governing body of any such city
which has issued and sold revenue bonds under the provisions of this
act, is hereby authorized to issue additional revenue bonds
in conformity with this act for the purpose aforesaid and to pledge for the
payment of such additional revenue bonds the revenues of the public levee
and the facilities connected therewith, together with the revenues from any
improvements and extensions to the public levee. No additional revenue
bonds shall be issued and
sold if there is an
issue of revenue bonds outstanding for the payment of which the revenues of
the public levee and the facilities connected therewith have been pledged
unless the governing body of such city, the holder or holders of all such
outstanding revenue bonds consenting, shall take up and pay for or make an
exchange for such outstanding issue of revenue bonds at a price of not to
exceed the par value thereof, plus interest accrued on such bonds at the
interest rate of such bonds from the interest payment
date preceding the date of payment of
the purchase price to the date of payment of the purchase price, plus a
premium, if any, of not to exceed 1% of the par value of such
outstanding revenue bonds or make an exchange for such issue of outstanding
revenue bonds. Additional revenue bonds issued and sold under the authority
of this act shall be in an amount necessary to take up and pay for the
issue of outstanding revenue bonds or make an exchange for such issue of
outstanding revenue bonds as aforesaid, plus an amount necessary to finance
or aid in financing the cost of additional improvements, construction,
reconstruction or repairs of the public levees, docks, wharves, river
terminals, grain elevator terminal docks, and such works, storage,
structures, facilities and properties as in the judgment of the governing
body will be necessary or convenient for the accommodation of shipping by
highways, pipelines, rail or water, in connection with commerce or water
transportation on the navigable river or rivers adjoining such public
levee.
History: L. 1933, ch. 43, § 1 (Special Session); L. 1937, ch. 135,
§ 1; L. 1983, ch. 49, § 58; May 12.
13-1239: Same; definition; recitals; negotiability.
Revenue bonds, as the term is used in this act, are defined to be bonds
issued by any such city in this state to be paid exclusively from the
revenue produced by the property and facilities improved, constructed,
reconstructed, repaired or otherwise improved by the use of the proceeds of
said bonds. Such revenue bonds shall not be general obligations of the
city, and shall not contain the recitals set forth in K.S.A. 10-112 and any
amendments thereof. Such revenue bonds shall, however, contain the
following recitals, viz.: such bonds shall recite the authority under which
said revenue bonds are issued, and that they are issued in conformity with
the provisions, restrictions and limitations thereof, and that such bonds
and the interest thereon are to be paid from the money and revenue received
from the fees charged and rental received for the use of the property and
facilities improved, constructed, reconstructed, repaired or otherwise
improved by the proceeds, in whole or in part, of such revenue bonds when
issued and sold.
Said revenue bonds shall recite, also, that the same have been
registered in the office of the city clerk of said city, and in the office
of the auditor of the state of Kansas, and when said bonds have been duly
registered as herein provided, shall import absolute verity, and shall be
conclusive as to said recitals, in favor of all persons purchasing said
bonds, and that all proceedings and conditions precedent have been had and
performed to authorize the issuance of said bonds, and said bonds shall be
negotiable.
History: L. 1933, ch. 43, § 2 (Special Session); Nov. 21.
13-1240: Same; city not obligated; sale to federal government; lien on
revenues.
Said revenue bonds shall not constitute in any case, a general
obligation of such city, and said bonds, if and when issued, shall in no
wise be taken into consideration or account as a limitation on the power of
such city to issue bonds for any and all other purposes heretofore or
hereafter authorized by law, with relation to a limitation upon the bonded
indebtedness of said city.
The governing body of any such city may contract for the sale of said
bonds to the government of the United States, under the provisions of the
national industrial recovery act and the regulations made in pursuance
thereof, to procure funds for the improvement, construction, reconstruction
or repair of the public levees, docks, wharves, river terminals, grain
elevator terminal docks, storage, railroad and all other necessary
facilities, on such terms and conditions as in the judgment of said
governing body will be to the best interest of such city and may create a
lien on the revenues to be obtained from such property and facilities and
pledge the same to the payment of said revenue bonds and interest thereon.
History: L. 1933, ch. 43, § 3 (Special Session); Nov. 21.
13-1241: Same; maturity; tax levy not authorized.
Revenue bonds issued under the provisions of this act shall mature to conform
to the plan of liquidation and payment of the bonds and interest thereon. The date
of maturity of the bonds shall not be fixed for a longer period
of time 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.
Such city shall have no right or authority to levy taxes to pay the
principal or interest of revenue bonds as defined herein and the
provisions of K.S.A. 10-113, and amendments thereto, shall not apply to this act.
History: L. 1933, ch. 43, § 4 (Special Session); L.
1970, ch. 64, § 24; L. 1978, ch. 99, § 15; L. 1983, ch. 49, § 59; May 12.
13-1242: Same; payment; rates and charges; sinking fund.
Provision shall be made by the governing body of such city for the
payment of said bonds, by fixing rates and charges for the use of and the
services to be rendered by such property and facilities, which rates and
charges so fixed shall be sufficient to pay all expenses of the city in
connection therewith and cover the cost of operation and repairs, pay all
interest charges upon all indebtedness created for the purpose of
improving, constructing, reconstructing, repairing or improving of such
public levee and the improvements and facilities thereon for which such
revenue bonds were issued to so improve, construct, reconstruct or repair
and to provide a sinking fund sufficient to pay off such indebtedness at
maturity.
History: L. 1933, ch. 43, § 5 (Special Session); Nov. 21.
13-1243: Same; contracts; rentals; conditions and safeguards; annual
audit, filing.
The governing body of such city is hereby empowered and authorized to
enter into an agreement in writing with any person, firm or corporation
to erect and construct on its public levee, improvements and facilities
authorized and mentioned in this act and lease the same for a term of
not to exceed ninety-nine (99) years for such rental and upon such conditions
as in the judgment of such governing body will be to the best interest
of such city, provided the rent fixed by any such agreement and lease
shall be sufficient to liquidate and pay all expenses of the city
connected therewith and the principal and interest of all revenue bonds
issued or to be issued to pay the full cost of such improvements and
facilities so leased. The governing body of
any such city shall observe the following conditions and safeguards:
(a) All authorized and executed leases, agreements or documents,
photostatic or sworn copies thereof concerning construction, alteration,
repairs or terms of rental of any public levee, in whole or in part and
improvements thereon, shall be filed with the city clerk of any such
city and shall be open to public inspection; and
(b) the governing body of each city which has issued
revenue bonds for the improvement of any public levee, shall
cause an audit to be made
annually by a licensed municipal public accountant or certified public
accountant of the operations of any revenue-producing public levee in this
state. 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 such city and shall be open to public inspection.
History: L. 1933, ch. 43, § 6 (Special Session); L. 1945, ch.
117, § 1; L. 1980, ch. 64, § 3; July 1.
13-1244: Same; limitation.
In no case in which revenue bonds are issued under and by virtue of this
act shall any revenue bonds be issued for the improvement of any public
levee and improvements thereon in excess of the actual cost of same, plus
an amount necessary to take up and pay for or make an exchange for any
outstanding revenue bonds issued under and by virtue of this act.
History: L. 1933, ch. 43, § 7 (Special Session); L. 1937, ch. 135, § 2; March
26.
13-1245: Same; act supplemental.
The powers herein granted shall be supplemental with relation to the
issuance of bonds, to the provisions of K.S.A. 10-102 and 12-673, and not a
modification thereof.
History: L. 1933, ch. 43, § 8 (Special Session); Nov. 21.
13-1246: Retirement pension plan for employees and dependents in
cities over 120,000; agreement.
The governing body of any municipality of the state of Kansas having a
population of more than one hundred twenty thousand (120,000) and owning
and operating a public utility or utilities is hereby empowered and may at
its option enter into an agreement with its employees in said municipally
owned public utility or utilities providing for the establishment of a
retirement pension plan for the benefit of said employees, their wives and
dependents: Provided, That in any municipality of over one hundred
twenty thousand (120,000) population where the public utility or utilities
are operated, managed, and controlled by a board of public utilities or any
other managing board, however designated, such managing board instead of
the governing body of the municipality shall be empowered to enter into the
agreement and establish the retirement pension plan provided for herein.
History: L. 1939, ch. 122, § 1; L. 1953, ch. 86, § 1; April 13.
13-1246a: Board of pension trustees in certain cities over 120,000;
composition; contributions for operation of plans; costs of increased
pensions; agreements between pension board and public utilities board as to
assets and property; powers of pension board; plan, revision, printing;
pension and retirement benefits; funds and earnings; exemptions;
qualified domestic relations orders; beneficiaries for benefits.
(a) (1) Any board of public utilities in any municipality of the state of
Kansas
having a population of more than 120,000 shall be
empowered to enter into an agreement with its employees for the purpose of
reorganizing and establishing a board to be known as a board of pension
trustees composed of six members, and for the purpose of continuing,
revising, maintaining and adopting an equitable and adequate pension
program for all of its employees, including retired employees, and their
dependents. Three members of the board of pension trustees shall be
appointed by the board of public utilities from its regular employees to
serve at its discretion. Three members of the board of pension trustees
shall be elected annually by all of the nonsupervisory employees of the
board of public utilities from its nonsupervisory employees and shall serve
for fixed periods of one year, commencing on July 1, of each year.
(2) Present employees of such board of public utilities, in order to pay the
cost of implementing, continuing and operating such retirement pension plan
for such present employees, shall contribute in the aggregate from their
earnings not more than 1/2 of the costs of future-service
pensions, and such board of public utilities shall pay or contribute the
remaining portion thereof to any revised, continued or adopted retirement
pension plan, as provided for herein.
(3) Any costs of paying increased
pensions or benefits to retired employees and their dependents of such
board of public utilities, and the costs of any back-service obligations
under terms of such revised pension plan as may be found and determined to
be proper and equitable, under rules and provisions to be adopted by
such board of pension trustees, shall be borne in their entirety by such board
of public utilities; and such contributions to such continued and revised
retirement pension plan for the use and benefit of retired employees and
their dependents which shall be made by such board of public utilities
shall be computed and based on sound actuarial standards.
(4) Such board of
pension trustees shall be empowered to make and enter into an agreement
with such board of public utilities, authorizing such board of
pension
trustees to take control and custody of all assets, property and funds
presently held, controlled and in the possession of the now constituted
retirement advisory council of such board of public utilities, and its
present trustee, as the same was theretofore created and is now functioning
as provided by K.S.A. 13-1247 and amendments thereto.
The board shall provide for
such additional funds
as may be necessary to fulfill the purposes of this act.
(5) Such board of
pension trustees shall be empowered to control and take immediately into
and under its custody and control, title to and possession of all records,
funds, property and assets of the such existing retirement advisory council
of such board of public utilities, and its present trustees, as the same is
now constituted by the provisions of K.S.A. 13-1247 and amendments
thereto, which such
retirement council of such board of public utilities, its powers, authority
and duties shall be abolished, cease and terminate upon the effective date
of this act.
(b) (1) The board of pension trustees shall establish a formal, adequate
written pension plan with specific rules of eligibility for pension coverage
for
all present employees, including retired employees, and their dependents,
of such board of public utilities. The plan and rules appertaining thereto
may be amended at any time by the vote of four members of
such board of
pension trustees and may be the subject of negotiations between such board
of public utilities and its employees, but subject to the revision,
adoption and ratification of the same by such board of pension trustees, as
the same is created and governed by the provisions of this act. The plan
and rules shall be printed and distributed to all employees.
(2) Pensions and
retirement benefits, received and paid under the such continued and revised
retirement pension plan and rules promulgated by such board of pension
trustees, to retired employees, their dependents, and present employees,
shall at all times bear a reasonable relationship to the wages or earnings
paid to any employee of such board of public utilities. Such benefits shall be
compatible with any changes in cost of living indexes except, such plan
and benefits payable shall at all times be in strict conformity
with current, sound actuarial standards and principles.
(3) No employee shall
be exempt from having contributions made on such
employee's behalf or be
precluded from receiving benefits for any reason other than lack of age, or
an insufficient period or time of employment.
(4) No plan
shall be adopted or modified at any future time which is not properly
funded and in conformity with recognized, sound actuarial principles and
standards.
(5) All funds and the earnings therefrom
held in trust for the use and benefit of the employees and members,
including retired employees and their dependents, of such board of public
utilities, of any retirement pension plan continued, revised and adopted
under the provisions of this act, shall be exempt from civil process,
taxation or assessment, and shall not be subject to seizure or execution or
liens of any kind. All benefits due to the members or to their
beneficiaries of any retirement pension plan continued and revised under
the provisions of this act, shall be exempt from any tax of the state of
Kansas or any political subdivision or taxing body of the state and civil
liability for debts
of the members and employees, or their beneficiaries, receiving the same,
and, except as otherwise provided, shall not be subject to seizure,
execution or process of any nature.
Any annuity or benefit or accumulated contributions due and owing to any
person under the provisions of any retirement pension plan continued and
revised under the provisions of this act are subject to claims of an alternate
payee under a qualified domestic relations order. As used in this subsection,
the terms "alternate payee" and "qualified domestic relations order" shall have
the meaning ascribed to them in section 414(p) of the United States internal
revenue code of 1954, as amended. The provisions of this act shall apply to any
qualified domestic relations order which is in effect on or
after July 1, 1994. Such retirement
pension plan continued and revised under
the provisions of this act, such board of pension trustees, or such board of
public utilities shall not be a party to any action under article 16 of chapter
60 of the Kansas Statutes Annotated but is subject to orders from such actions
issued by the district court of the county where such action was filed and may
accept orders which it deems to be qualified under this subsection if such
orders are issued by courts having jurisdiction of such actions outside the
state of Kansas. Such orders from such actions shall specify either a specific
amount or specific percentage
of the amount of the pension or benefit or any accumulated contributions due
and owing from such retirement pension plan pursuant to this act.
(6) The members and employees of any retirement
pension plan continued, revised and adopted under the provisions of this
act, may name one or more beneficiaries to receive any benefits that may be
due or become due to such member and employee in the event of such member or
employee's death.
History: L. 1969, ch. 99, § 1;
L. 1990, ch. 282, § 29;
L. 1994, ch. 231, § 3; July 1.
13-1247:
History: L. 1939, ch. 122, § 2; L. 1953, ch. 86, §
2; L. 1959, ch. 94, § 1; Repealed, L. 1969, ch. 99, § 2; July 1.
13-1248:
History: L. 1939, ch. 122, § 3; L. 1953, ch. 86, §
3; Repealed, L. 1969, ch. 99, § 2; July 1.
13-1249: Same; rules and regulations.
The governing body of any municipality having a population of over
120,000 and owning and operating a public utility or utilities, or any
board of public utilities or managing board having the management and
control of such utility or utilities, is hereby empowered to adopt such
rules and regulations as they shall deem necessary to carry out the intent
and purpose of this act.
History: L. 1939, ch. 122, § 4; April 7.
13-1250:
History: L. 1939, ch. 122, § 5; L. 1949, ch. 139, §
1; L. 1959, ch. 94, § 2; Repealed, L. 1969, ch. 99, § 2; July 1.
13-1250a: Federal old-age and survivors insurance for employees in
cities over 120,000; referendum.
The governing body of any municipality having a population of over one
hundred twenty thousand (120,000) and owning and operating a public utility
or utilities, or any board of public utilities or managing board having the
management and control of such utility or utilities is hereby authorized,
permitted and empowered, at its option, to extend and provide for its
employees, their dependents and survivors, the protection and benefits
provided by the old age and survivors insurance system embodied in the
social security act of congress approved August 14, 1935, Chapter 531, 49
Stat. 620, officially cited as the "social security act" (including
regulations and requirements issued pursuant thereto) as such act has been
and may from time to time be amended: Provided, That a majority of the
employees in the public utility or utilities by secret written ballot, vote
to be included under the provisions of the old age and survivors insurance
system of congress which referendum shall be conducted as provided in said
federal law by the governor or any agency or individual designated by the
governor.
History: L. 1955, ch. 112, § 1; April 1.
13-1250b: Same; contributions.
The contributions for the cost of the protection which is provided in
K.S.A. 13-1250a shall be paid by the employees and utility or utilities in
such proportions as required by law and such utility or utilities are
authorized to pay its part of the cost thereof from its revenues and may,
if necessary, adjust its rates to so provide.
History: L. 1955, ch. 112, § 2; April 1.
13-1250c: Same; agreements.
Any agreement or agreements necessary to provide for and carry out the
provisions of this act may be made by the governing body of any
municipality having a population of over one hundred twenty thousand
(120,000) and owning and operating a public utility or utilities, or any
board of public utilities or managing board having the management and
control of such utility or utilities, or by the state.
History: L. 1955, ch. 112, § 3; April 1.
13-1250d:
History: L. 1955, ch. 112, § 4; L. 1959, ch. 94, §
3; L. 1965, ch. 133, § 1; Repealed, L. 1969, ch. 99, § 2; July 1.
13-1251:
History: L. 1941, ch. 141, § 1; L. 1953, ch. 87, §
1; Repealed, L. 1974, ch. 79, § 1; July 1.
13-1252: Revenue bonds for water and electricity in certain cities
over 120,000; definitions.
"Municipality" as used in this act means municipality as defined by
K.S.A. 10-101. "Utility" as used in this act means any instrumentality or
facility of a revenue-producing character owned and operated by a
municipality or operated for such municipality by a board of control or
board of public utilities, as provided by law, for use in serving the
public with water and electricity. "Revenue bonds" as used in this act
means bonds issued by any municipality in this state to be paid exclusively
from the revenue derived from the operation of such utility.
History: L. 1941, ch. 142, § 1; June 30.
13-1253: Revenue bonds for water and electricity in certain cities over
120,000; utility rates, fees and charges; refunding revenue bonds.
Any municipality, having a population of more than one hundred twenty
thousand (120,000) and owning and operating a water and light plant, or
operating such plants through a board of public utilities as provided by
law, authorized by the laws of the state of Kansas to issue general
obligation bonds for the reconstruction, alteration, repair,
improvement, extension, or enlargement of any of the utilities mentioned
herein is hereby empowered to issue and sell revenue bonds in payment of
the cost thereof; to fix by ordinance or resolution such rates, fees or
charges for the use thereof or service therefrom as may be reasonable
and necessary, and provide for the manner of collecting and disbursing
such revenues. Any municipality which has issued or may hereafter issue
revenue bonds under the provisions of this section may at any time
deemed advisable issue and sell refunding revenue bonds to refund any
previous issue or issues or part thereof which are outstanding either at
or prior to their maturity. Such refunding revenue bonds shall be issued
in the manner prescribed by and subject to the provisions of K.S.A. 10-116a.
History: L. 1941, ch. 142, § 2; L. 1951, ch. 156, § 1; L. 1975,
ch. 96, § 1; L. 1977, ch. 58, § 9; May 18.
13-1254: Same; revenue fund; use.
Revenues derived from the operation of any water and light utility
financed in whole or in part by revenue bonds authorized by this act shall
be paid into the treasury of the municipality or into the treasury of its
board of public utilities and kept in a separate fund, and shall be used
for the purpose of paying the cost of operation, the repair, maintenance,
extension, enlargement, alteration, reconstruction and improvement of such
utilities and the cost of acquiring, operating and maintaining a municipal
airport and paying the principal of, and the interest upon, the revenue
bonds issued thereunder. Any surplus may be used to pay the principal of
and interest upon any and all general obligation bonds outstanding, issued
for the purpose of acquiring, constructing, extending or improving said
utilities and the cost of acquiring, maintaining or improving a municipal
airport.
History: L. 1941, ch. 142, § 3; L. 1951, ch. 156, § 2; March 26.
13-1255: Same; liens on revenues of utility; recitals; negotiability.
Such revenue bonds are hereby made a lien on the revenues produced from
such utility, but shall not be general obligations of the issuing
municipality, and shall not contain the recitals set forth in K.S.A.
10-112, and any amendment thereof, but shall contain recitals stating the
authority under which said bonds are issued; that they are issued in
conformity with the provisions, restrictions and limitations of that
authority, that such bonds and the interest thereon are to be paid by the
issuing municipality from the revenues derived from the rates, fees or
charges herein mentioned, and not from any other fund or source, that the
same have been registered in the offices of the clerk of the issuing
municipality and the treasurer 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 said 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 municipality. No municipality shall have
authority to levy taxes to pay the principal of or interest upon revenue
bonds issued under the terms of this act, and the provisions of K.S.A.
10-113 shall not apply to bonds issued hereunder.
History: L. 1941, ch. 142, § 4; June 30.
13-1256:
History: L. 1941, ch. 142, §
5; L. 1969, ch. 100, §
1; L. 1970, ch. 64, §
25; Repealed, L. 1980, ch. 72, §
23; April 14.
13-1257: Revenue bonds for water and electricity in certain cities;
terms; limitation.
Revenue bonds issued under the terms of this act shall mature not more than
forty years after the
date of their issuance. Said bonds shall be sold in such manner as the city
determines and shall bear interest at a rate not to
exceed the maximum rate of interest prescribed by K.S.A. 10-1009,
payable in the manner determined by the city. The total amount of bonds which may be
issued under the terms of this act shall not exceed the cost of the
project.
History: L. 1941, ch. 142, § 6; L. 1951, ch. 156, § 3; L.
1970, ch. 64, § 26; L. 1978, ch. 99, § 16; L. 1980, ch. 72, § 13; April 14.
13-1258: Same; payment of bonds; rates, fees or charges;
covenants, agreements and restrictions.
Provisions shall be made, by appropriate enactment by the governing body
of such municipalities or, where such water and light plants are under
the control and the management of the board of public utilities, by the
board, pursuant to the direction of the city, for the payment of the
bonds; and it shall be the duty of the governing body of the city or the
board, as the case may be, to fix rates, fees, or charges for the use or
services rendered by such utility or utilities, which rates, fees or
charges shall be sufficient to pay the cost of operation, repair,
maintenance, extension, enlargement, alteration, reconstruction and
improvement of such utility and pay the principal of, and interest upon,
the revenue bonds when due.
The ordinance or resolution of any municipality authorizing the
issuance of revenue bonds provided for in this section may contain such
other covenants, agreements and restrictions as may be deemed necessary
or advisable by the body enacting the ordinance or resolution to insure
the payment of the revenue bonds authorized and issued hereunder, but in
no event shall the holder of such revenue bonds have a lien upon the
tangible property constituting the utility or utilities, nor shall the
operation, management, or control of such utility be taken from such
municipality or its board.
History: L. 1941, ch. 142, § 7; L. 1951, ch. 156, § 4; L. 1980,
ch. 72, § 14; April 14.
13-1259: Same; issuance of bonds; publication notice; protest; election.
The governing body of any municipality, by a two-thirds vote thereof, or
where the utilities are under the control and
management of a board of public utilities, the board
by a three-fifths vote thereof, may contract for or make repairs,
extensions, reconstruction, alteration, improvements or enlargements of
its municipally owned water and light utilities and issue or request the
issuance of revenue bonds for the cost thereof without submitting to a vote
of such municipality the proposal to contract for or make such repairs,
extensions, reconstruction, alteration, improvements or enlargements,
and to issue revenue bonds as provided for herein in payment of the cost
thereof. Before contracting for or making any such repairs, extensions,
reconstruction, alteration, improvements or enlargements, to be paid for
by revenue bonds, the governing body of such municipality shall cause to be published in
the official paper of the municipality, a notice of its intention to do
so, which notice shall
describe the nature of the proposed repairs, extensions, reconstruction,
alteration, improvements or enlargements, state the total amount of the
cost thereof, and the amount of the revenue bonds proposed to be issued
in payment thereof.
If within fifteen days after the publication, as aforesaid, of such
notice, there shall be filed with the clerk of such municipality a
written protest against such repairs, extensions, reconstruction,
alteration, improvements or enlargements, and such bond issue, signed by
not less than twenty percent of the qualified electors of such
municipality, the governing body thereof shall thereupon submit such
proposed project and proposed bond issue to the qualified electors of
such municipality at a special election to be called for that purpose,
upon at least ten days' notice, to be held not later than fifteen days
after the filing of such protest, or at a regular city election or
general election which will occur not sooner than fifteen days nor later
than sixty days after the filing of such protest. In the event a
majority of such electors voting on such proposition at such election
shall vote in favor thereof, such repairs, extensions, reconstruction,
alteration, improvements or enlargements, shall be made, and the revenue
bonds may be issued in payment of the cost thereof.
History: L. 1941, ch. 142, § 8; L. 1951, ch. 156, § 5; L. 1980,
ch. 72, § 15; April 14.
13-1260: Same; issuance of bonds; duties of city officers; election; expenses.
In municipalities of the class provided for herein, if the water and
light plants thereof are under the control and management of a board of
public utilities as provided by law, when three-fifths of the board shall
deem it necessary and expedient that revenue
bonds be issued for any of the purposes provided for herein, it shall be
the duty of the governing body of such city within ten days after
receiving written request from the board to take
the necessary steps to determine the necessity for the issuance of such
revenue bonds and the
governing body of such city may issue and sell such bonds as it determines
necessary, the proceeds thereof to be
delivered to the treasurer of the board of public utilities.
Where it is necessary to hold an election
to submit the question of the issuing of such revenue bonds to the
qualified electors of the municipality, such elections shall be held in
accordance with the provisions herein and the general obligation bond
election laws of
the state of Kansas where applicable, and the cost thereof, if held on
dates other than the dates of the regular city election, or general
election, shall be paid by the board.
History: L. 1941, ch. 142, § 9; L. 1980, ch. 72, § 16; April 14.
13-1261: Same; repairs and improvements of utility; compliance with
federal acts or rules.
The governing body of such city, or where there is a board of public
utilities having daily operational control of the
water and light plants, then the board, is
hereby authorized in its discretion to contract for and construct such
repairs, extensions, reconstruction, alteration, improvements or
enlargements of such utilities in accordance with the provisions and
requirements of any federal act applicable thereto, and rules
promulgated thereunder, and to use any fund that may be available for
such construction in such manner as will comply with the provisions of
any such act and rules promulgated thereunder, including any grant or
grants of money therein provided, and to do all other acts and things
necessary to be done in order to comply with the provisions of any such
federal act and rules promulgated thereunder.
History: L. 1941, ch. 142, § 10; L. 1951, ch. 156, § 6; L. 1980,
ch. 72, § 17; April 14.
13-1262:
History: L. 1941, ch. 142, § 11; L. 1951, ch. 156, §
7; L. 1953, ch. 88, § 1; Repealed, L. 1955, ch. 98, § 1; April 12.
13-1263: Same; act supplemental.
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. 1941, ch. 142, § 12; June 30.
13-1264: Same; invalidity of part.
If any provision contained in this act shall for any reason be held
invalid, it shall not affect the remainder of this act; and this act shall
remain in force and effect the same as if such part held to be invalid had
not been included therein.
History: L. 1941, ch. 142, § 13; June 30.
13-1265 to 13-1268:
History: L. 1943, ch. 114, §§ 1 to 4; Repealed, L.
1973, ch. 73, § 1; July 1.
13-1269: Certain cities over 100,000; transfer of revenues to certain
other funds; adjustment of rates.
All cities of the first class of the state of Kansas having a population
of more than 100,000 inhabitants, which own, manage, operate and control a
municipal electric-light plant and a municipal water plant and which are
producing and distributing water, light, heat and power for domestic,
industrial, commercial or municipal purposes within or without or within
and without the corporate limits of said cities, are hereby empowered to
place in the funds used for governmental functions of said cities, at a
specified time a certain percentage of the gross operating revenue of said
enumerated utilities, or either of them, as hereinafter directed:
Provided, That such cities, if necessary, may adjust their utility
rates in order to carry out the provisions of this act or where these
utilities are managed, operated and controlled by a board of public
utilities, or other managing boards, these boards shall have the power to
adjust the rates.
History: L. 1945, ch. 129, § 1; March 24.
13-1270: Same; utilities having bonded indebtedness.
The above power of cities to transfer funds from the gross
operating revenue of the utilities, as conferred by this act, shall be
exercised only as to such of their utilities, as have no general obligation
bonded indebtedness.
Any city or the
board of public utilities or other managing boards of any city, where
the utilities above mentioned are managed, operated and controlled by
such boards, may place in their appropriate sinking funds from time to
time sufficient moneys to pay the outstanding general obligation bonded
indebtedness against the
utility, including interest as such indebtedness matures. When this is
done, funds from the gross operating revenue of the utility or utilities
may be transferred in like manner as when the utility or utilities are
free from general obligation bonded indebtedness.
History: L. 1945, ch. 129, § 2; L. 1980, ch. 72, § 18; April 14.
13-1271: Same; transfer of funds; limitation.
In the cities herein designated, owning an electric-light plant and
municipal water plant, where the utility or utilities are free and clear
of general obligation bonded indebtedness, or where deposits in their appropriate
sinking
funds have been made as provided in K.S.A. 13-1270, and amendments thereto,
the governing bodies
of the cities or the board of public utilities at the direction of the city
shall, on the first business day of each fiscal year, transfer to
the funds to be used for governmental functions of such cities, not less
than four percent nor more than fifteen percent of the gross operating
revenue of their public utilities hereinbefore designated, for the year
immediately prior to the preceding fiscal year.
History: L. 1945, ch. 129, § 3; L. 1980, ch. 72, § 19; April 14.
13-1272: Same; transfer of funds; determination of amount.
The determination of the percentage to be transferred
to funds to be used for governmental
functions as provided in K.S.A. 13-1271, and amendments thereto, shall be
determined by the governing bodies
or operating or managing boards, as the case may be, of the utilities of
such cities, within the range of percentages shown in K.S.A. 13-1271, and
amendments thereto. The determination of the percentage to be transferred
shall be made by the board of public utilities on or before the first day
of May of the preceding year and the board shall notify the governing body
of the city of such determination by such date.
If the board fails to determine the percentage or fails to notify the governing
body of the city before the first day of May of any year, the board shall
transfer over a percentage which shall be no less than the percentage transferred
in the preceding year.
History: L. 1945, ch. 129, § 4; L. 1980, ch. 72, § 20; April 14.
13-1273: Same; transfer of funds not authorized if general obligation
bonds outstanding; exceptions.
When any city, which has under the provisions of this act been transferring
utility funds to funds used for governmental purposes in accordance with
the provisions of this act, issues general obligation bonds against its
utility or utilities as herein enumerated, then such city shall automatically
be excluded from the benefits and provisions of this act as to such of its
utilities as have a bonded debt until such general obligation bonded indebtedness
so created on its utility or utilities be paid, or provisions be made for
the retirement of the general obligation bonded indebtedness by deposits
in its sinking funds as provided in K.S.A. 13-1270, and amendments thereto.
History: L. 1945, ch. 129, § 5; L. 1980, ch. 72, § 21; April 14.
13-1274: Same; allocation of transferred moneys.
The governing bodies of all cities as above classified shall have the
power, and are hereby authorized to allocate all or any part of the moneys
which have been transferred under the provisions of this act, from the
gross operating revenue of their utilities, among the different funds of
said cities used for governmental functions.
History: L. 1945, ch. 129, § 6; March 24.
13-1275: Transfer of ownership and control over certain township water
systems to certain cities; conditions; powers and obligations of city or
board of public utilities.
Whenever 65% or more of the customers of any
publicly owned township water system of any township located, in whole or
in part, within three miles of the limits of any city of the first
class located in the same county as such township have been annexed and
taken into such city and, at the time of such annexation, township water
system revenue bonds have been issued and are outstanding and unpaid in a
total principal amount of
$700,000 or
more, such bonds being a first and prior lien on the earnings and income
derived from the operation of the water system, the control and ownership
of such system shall be transferred to and shall thereupon vest in such
city of the first class and if such city has a board of public utilities,
such system shall be for the use and benefit of such board and for those
persons now or hereafter being served by such system. The board of
public utilities shall be responsible for the maintenance, operation,
improvement and extension of such system. Such city or if the city has a
board of public utilities, then
such board of public utilities shall by resolution obligate itself to pay
and shall assume the entire revenue bonded indebtedness, together with
interest charges and other debt service costs, and all other outstanding
obligations, of any such township water system. Such city or board of
public utilities, as the case may be, shall by resolution further obligate
and commit itself to pay off all such revenue water system bonds as the
same mature and become payable and any interest
due on such revenue bonds and to maintain at all times a sufficient revenue
bond reserve fund, for the payment of both principal and interest on such
bonds, all in strict conformity with the tenor of such revenue bonds and
the resolution of any such township board heretofore adopted
and authorizing the issuance of a series or several series of water system
revenue bonds by any such township board.
Such city or its board of public utilities shall be authorized to
establish such rates for customers residing in any such township outside of
the corporate limits of the city which are fair and equitable and
sufficient to pay the percentage or pro rata amount of the annual revenue
bond and debt service costs, including interest and principal, applicable
to that portion of the utility system lying outside of the corporate limits
of the city. Prior to the date the
interest becomes due on such revenue bonds and prior to the date of
the annual maturity of those revenue bonds which becomes due each
year, such city or its board of public utilities, as
the case may be, shall pay over to the state treasurer a sum equal to and
sufficient to pay the total revenue bond and debt service cost, including
interest and principal.
History: L. 1967, ch. 109, § 1; L. 1983, ch. 49, § 60; May 12.
13-1276: Same; determination as to customers and outstanding bonds.
For the purposes of this act, a certified public accountant appointed by
the governing body of such city shall determine the percent of customers of
any such system annexed by the city and the amount of revenue bonds
outstanding and unpaid at any such time.
History: L. 1967, ch. 109, § 2; March 17.
13-1277: Same; transfer of properties and funds to city.
Whenever the title to the properties of any township water system shall
be transferred to and shall vest in any city of the first class under the
provisions of this act, the township board of such township shall forthwith
transfer all property, equipment, records, reports and funds belonging to
such water system to such city of the first class or board of public
utilities.
History: L. 1967, ch. 109, § 3; March 17.
13-1278: Same; township tax for bond and debt service cost.
During the time that the revenue bond and debt service cost, including
principal and interest, assumed by the city at the time of taking control
of such system, are being paid the township board of any such township
shall levy an annual tax sufficient to raise an amount equal to thirty-five
dollars ($35) for each fire hydrant remaining in any such township, and pay
such amount annually to any such city of the first class or its board of
public utilities for fire protection.
History: L. 1967, ch. 109, § 4; March 17.