Kansas Statutes

Chapter 80: Townships And Township Officers

Article 16: Water Supply

Statutes:

• 80-1601: Water supply; acquisition in certain townships.
• 80-1602: Revenue bonds; purposes for which bonds may be issued; extension of system; condition, sale or pledge of bonds to federal government.
• 80-1603: Sell or pledge bonds to federal government.
• 80-1604: Terms of bonds.
• 80-1605: Contracts to supply water; tax levies for rental of fire hydrants and water.
• 80-1606: Fixing rates, fees or charges to pay bonds; restrictions; notice and hearing; publication.
• 80-1607: Election to pledge payment or to refund revenue bonds; general obligation bonds.
• 80-1608: Tax levies for principal and interest on bonds where deficiency in revenue; limitation on bonds outstanding; provisions governing township where state institution located.
• 80-1609: Same; power granted is supplemental.
• 80-1610: Refunding of water utility revenue bonds.
• 80-1611: Same; surrender of outstanding bonds.
• 80-1612, 80-1613:
• 80-1614, 80-1615:
• 80-1616: Creation of joint water district; governing body; election; transfer of assets and liabilities.
• 80-1617: Water district board; general manager, treasurer; duties; meetings.
• 80-1618: Same; powers.

• 80-1601: Water supply; acquisition in certain townships. Whenever there shall be presented to the township board of any township located, in whole or in part, within fifteen (15) miles of the limits of any city of the first class located in the same county in which such township is located or adjoining a township located in the same county having a publicly owned water supply system, a sufficient number of agreements or subscriptions to purchase water at a specified schedule of rates to be set out in such agreements or subscriptions for a period of not less than three years, duly signed by the owners of property lying within said township, or any adjoining township, or any part thereof, which will permit the liquidation of the cost of constructing said water mains within said township, extending from the water mains of such city or adjoining township, from the revenue derived from the sale of water therefrom, such township board shall be authorized to contract for constructing such water mains and the purchase of any water mains which may be located in said township; to purchase, or otherwise secure a suitable supply of water and to operate and maintain the water system thereby created, or contract for such construction and/or maintenance and operation and to use such funds as may be available, or thereafter shall become available, for such construction. Such acquisition of water supply may be by the construction of a water treatment plant.

        History:   L. 1933, ch. 125, § 1 (Special Session); L. 1937, ch. 378, § 1; L. 1941, ch. 394, § 1; L. 1943, ch. 324, § 1; L. 1965, ch. 560, § 1; L. 1966, ch. 15, § 1 (Special Session); March 14.

• 80-1602: Revenue bonds; purposes for which bonds may be issued; extension of system; condition, sale or pledge of bonds to federal government. Such township board may issue revenue bonds to finance the cost of constructing, reconstructing, repairing, or improving such water system including such water treatment plant and such bonds shall be made as a specific lien upon such water system so constructed, reconstructed, repaired or improved and the revenues derived therefrom and shall, in no case, be a debt guaranteed or secured by any other property within the township and no special election shall be required to authorize the issuance of such revenue bonds and such revenue bonds shall not be taken into account or in any wise be a limitation upon the power of said township board to issue bonds for any other purpose. The township board of any such township which shall have issued and sold revenue bonds under the provisions of this act, is hereby empowered and 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 such water system, together with the additional revenues of said water system as so constructed, reconstructed, repaired, or improved except that 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 water system have been pledged unless the township board provides for the refunding of such outstanding revenue bonds in the manner authorized by and subject to the provisions of K.S.A. 10-116a, and amendments thereto.

        Revenue bonds issued to finance the cost of extending such water system or to construct a water treatment plant shall constitute a specific and prior lien upon such extension to such system and the revenues derived therefrom, but shall, in no case, be a debt guaranteed or secured by any other property within the township or by the revenues of the water system to which such extension is made, and no special election shall be required to authorize the issuance of such additional revenue bonds and such additional revenue bonds shall not be taken into account or in any wise be a limitation upon the power of said township board to issue bonds for any other purpose.

        The township board shall make such extensions to such water system and issue revenue bonds to pay the cost thereof only when there shall be presented to such board a sufficient number of agreements or subscriptions to purchase water at a specified schedule of rates to be set out in such agreements or subscriptions for a period of not less than three years, duly signed by the owners of property along the proposed extension of said system which will permit the liquidation of the cost of such extension from revenue derived from the sale of water along said extension, and said board is authorized to fix and collect from users of water on said extension such schedule of rates as may be necessary to liquidate said additional revenue bonds so issued to pay the cost of construction thereof without regard to the schedule of rates charged consumers on the system to which such extension is made. The township board may sell said additional revenue bonds as provided by law, or may, if deemed advisable, pledge or sell any of such additional revenue bonds, issued for the construction, reconstruction, repair, improvement or extension of said water system including such water treatment plant to the federal government as provided in the said national industrial recovery act, or any other federal act, for the purpose of procuring funds for such construction.

        History:   L. 1933, ch. 125, § 2 (Special Session); L. 1937, ch. 379, § 1; L. 1939, ch. 342, § 2; L. 1965, ch. 550, § 2; L. 1977, ch. 58, § 16; May 18.

• 80-1603: Sell or pledge bonds to federal government. Such township board may sell said bonds as provided by law, or may, if deemed advisable, pledge or sell any of such bonds, issued for the construction of said water mains, to the federal government as provided in the said national industrial recovery act, or any other federal act for the purpose of procuring funds for such construction.

        History:   L. 1933, ch. 125, § 3 (Special Session); L. 1937, ch. 378, § 2; March 17.

• 80-1604: Terms of bonds. Any bonds issued under the terms of this act shall mature serially or otherwise within a maximum period of forty (40) years from the date of issue and shall bear interest at a rate not to exceed the maximum rate of interest prescribed by K.S.A. 10-1009 and the provisions of K.S.A. 10-112 and K.S.A. 10-113 shall not apply to this act.

        History:   L. 1933, ch. 125, § 4 (Special Session); L. 1963, ch. 503, § 1; L. 1970, ch. 64, § 94; L. 1978, ch. 99, § 38; April 25.

• 80-1605: Contracts to supply water; tax levies for rental of fire hydrants and water. The board of township trustees of any township to which this act applies is expressly authorized to contract with any school district, any state department, or any state institution, board of county commissioners of any county, or with any other township, municipality or political subdivision of the state of Kansas for the purpose of supplying water, and such school district, state department or state institution, county commissioners, other township boards, municipalities, and political subdivisions of the state are hereby authorized to contract and pay a reasonable price for such water, and such contract may extend for a period of years not longer than the period for which revenue or additional bonds are issued: Provided, That any township in which a water system is established under the provisions of this act is hereby authorized and empowered to obligate the township to pay a reasonable price as rental for the installation and maintenance of fire hydrants or plugs, and to pay a reasonable price for the water used for fire-fighting or other emergency purposes, and such contract may extend for a period of years not longer than the period for which the revenue or additional revenue bonds were issued. For the purpose of raising funds to pay for such rental of fire hydrants and water used, said township board is hereby authorized and empowered to levy annually, a tax sufficient to raise the amount necessary. The levy herein authorized shall be in addition to all other levies authorized or limited by law.

        History:   L. 1933, ch. 125, § 5 (Special Session); L. 1937, ch. 379, § 2; L. 1941, ch. 394, § 2; June 30.

• 80-1606: Fixing rates, fees or charges to pay bonds; restrictions; notice and hearing; publication. The board of township trustees of any township authorized to issue waterworks revenue bonds under K.S.A. 80-1601 to 80-1605, inclusive, or any amendments thereto, and which said township board may have heretofore authorized or issued or which may hereafter authorize or issue waterworks revenue bonds under the provisions of said sections as amended, be, and it is hereby authorized and required to make provision for the payment of any such waterworks revenue bonds of the township by fixing rates, fees or charges for the use of or services rendered by the water utility of said township sufficient to pay the cost of operation, maintenance, repair and improvement of such utility and to pay the principal of and interest upon all such revenue bonds of the township when and as the same become due: Provided, however, That no part of the proceeds of the revenue bonds so issued and sold, nor of the income of said water system or the extension thereof, constructed or purchased from the proceeds of said issue of revenue bonds, shall be used or expended for the purpose of extending said water mains beyond the system or extension as included in the plans and estimates upon which said bonds were issued: Excepting, however, Connecting water mains or additions within the township may be constructed beyond the system or extension, out of any remaining or unexpended proceeds of said revenue bonds, when there has been presented to the township board a sufficient number of subscribers or agreements to purchase water at specified scheduled rates to be set for a period of not less than three (3) years, duly signed by the owners of property along the proposed extension or addition of said water line which will permit the liquidation of the cost of such extension or addition from net revenues derived from the sale of water along said extension or addition: Provided, That the said water mains or lines in said extension or addition, together with all net revenues derived therefrom shall be subject to the lien of all outstanding revenue bonds from which surplus bonds proceeds are so used, and such revenues shall be used to pay interest and maturities on all outstanding bonds; any such extension or addition shall only be made in accordance with plans and specifications prepared, filed and approved by the township board prior thereto: Provided, however, That minor improvements shall not be considered as an extension within the meaning of this act, and may be made and charged to operation except that the total cost of such improvement so charged in any year shall not exceed five percent (5%) of the gross operating revenue, or ten percent (10%) of the net operating revenue, for the last preceding year.

        The resolution authorizing the issuance of any such waterworks revenue bonds of any such township may contain such other covenants, agreements and restrictions as may be deemed necessary or advisable by the board of township trustees of such township in order to insure the payment of any revenue bonds authorized and issued under the statutes aforesaid: Provided, however, That before any such resolution is adopted by said board, a public hearing shall be held by any township board thereon, after giving notice thereof by publication in the official county paper at least ten (10) days prior to the date of said hearing.

        History:   L. 1939, ch. 342, § 1; L. 1941, ch. 394, § 3; L. 1955, ch. 439, § 1; April 6.

• 80-1607: Election to pledge payment or to refund revenue bonds; general obligation bonds. The township board of any township maintaining and operating or proposing to maintain and operate a water system under the provisions of K.S.A. 80-1601 to 80-1605, inclusive, may submit to a vote of the qualified voters of such township at any general election or at a special election called for that purpose the proposition of whether or not the full faith and credit of such township shall be pledged to the payment of principal of and interest on bonds issued to pay the cost of constructing a water system or making extensions, repairs or improvements thereto, or for the purpose of redeeming, refunding and paying off water system revenue bonds of the township previously issued under said acts: Provided, however, That said bonds shall be authorized by a majority vote cast at an election held on the proposition, such election to be held as now provided by law for the issuance of general obligation bonds of municipalities: Provided further, That if said proposition to be submitted to the voters be on the proposition of issuing refunding bonds to redeem, refund and pay off outstanding revenue bonds of the township, then, before an election shall be called, the township board shall make a finding that the existing revenue bonds of such township can be refunded by general obligation bonds of such township bearing a reduced interest rate.

        If any such proposition shall receive a majority of the votes cast on said proposition at said election, the township board shall issue general obligation bonds of the township to the payment of which the full faith and credit of the township shall be pledged, after first pledging the net revenue of the water system to the payment of the principal on and interest of said bonds. All such bonds shall mature within a maximum period of thirty (30) years from the date of issue and shall bear interest at a rate not to exceed the maximum rate of interest prescribed by K.S.A. 10-1009 and the provisions of K.S.A. 10-112 and 10-113 shall not apply thereto.

        History:   L. 1939, ch. 343, § 1; L. 1939, ch. 344, § 1; L. 1970, ch. 64, § 95; March 21.

• 80-1608: Tax levies for principal and interest on bonds where deficiency in revenue; limitation on bonds outstanding; provisions governing township where state institution located. To make up any existing or prospective deficiency in revenue from the operation of such water system to pay the principal of and interest on such general obligation township bonds, the governing body of such township shall, at the time of fixing other levies, levy a tax sufficient to make up such deficiency. The amount of general obligation water system bonds outstanding at any one time shall not exceed thirty percent (30%) of the assessed valuation of all tangible taxable property within such township as shown by the assessment books for the year previous to the one in which said bonds are issued: Provided, In townships where a state institution is located, the vote on whether to issue such general obligation bonds shall be limited to those electors residing on property served by the township water system, and the bonds shall be limited to and be obligations of the property served or proposed to be served by the township water system or extension to be built for which such bonds are issued.

        History:   L. 1939, ch. 343, § 2; L. 1939, ch. 344, § 2; L. 1958, ch. 37, § 1 (Special Session); June 30.

• 80-1609: Same; power granted is supplemental. The power herein granted to issue bonds shall be supplemental to and not amendatory of the provisions of chapter 125 of the Laws of 1933 Special Session, the same being K.S.A. 80-1601 to 80-1605, inclusive, and chapters 378 and 379 of the Laws of 1937, the same being K.S.A. 80-1601, 80-1602, 80-1603 and 80-1605.

        History:   L. 1939, ch. 343, § 3; L. 1939, ch. 344, § 3; April 7.

• 80-1610: Refunding of water utility revenue bonds. The board of township trustees of any township authorized to issue water utility revenue bonds under K.S.A. 80-1601 to 80-1605, inclusive, and amendments thereto, and which said township board has heretofore authorized or issued, or may hereafter authorize or issue such water utility revenue bonds under the provisions of said sections, be and said township board is hereby authorized and empowered to refund any and all outstanding water utility revenue bonds of such township and to issue in lieu thereof, negotiable refunding revenue bonds of such township and water utility in the manner prescribed by and subject to the provisions of K.S.A. 10-116a.

        History:   L. 1947, ch. 483, § 1; L. 1977, ch. 58, § 17; May 18.

• 80-1611: Same; surrender of outstanding bonds. No refunding revenue bonds issued under the provisions of this act shall be exchanged with the holder of the previously outstanding indebtedness refunded until the outstanding revenue bonds, or other evidence of indebtedness to be refunded, shall have been surrendered to the issuing township board of trustees.

        History:   L. 1947, ch. 483, § 2; L. 1977, ch. 58, § 18; May 18.

• 80-1612, 80-1613:

        History:   L. 1947, ch. 483, §§ 3, 4; Repealed, L. 1977, ch. 58, § 19; May 18.

• 80-1614, 80-1615:

        History:   L. 1955, ch. 447, §§ 1, 2; Repealed, L. 1969, ch. 479, § 1; July 1.

• 80-1616: Creation of joint water district; governing body; election; transfer of assets and liabilities. (a) The governing body of the city of Lansing, Kansas, and the governing body of Delaware township shall establish a joint water district. The joint water district shall be governed by a board elected in the manner provided by subsection (b). Such board shall be independent of the township and city.

        (b)   Such district shall be governed by a five member board. The members of the board shall be qualified electors of the joint district and shall be elected on an at-large basis. Except as provided by subsection (c), board members shall hold office for a term of four years and until their successors are elected and qualified. An election to choose board members shall be held on the first Tuesday in November, 1984, and every two years thereafter. If a vacancy occurs on the joint water district board, a successor shall be appointed by the remaining board members and shall hold office until the next regular election. All elections shall be nonpartisan and shall be called and conducted by the county election officer. Laws applying to other local elections occurring at the same time and in the same locality shall apply to the elections under this act to the extent that the same can be made to apply. All members shall take an oath of office as prescribed for other public officials.

        (c)   At the first election, the two members receiving the largest number of votes shall hold office for a term of four years. The three remaining members shall serve for a term of two years. At all succeeding elections all members shall be elected for terms of four years.

        (d)   All assets and liabilities of any existing township water district may be transferred to the joint water district. All covenants, terms and conditions contained in the resolution authorizing the issuance of water revenue bonds which are outstanding at the time the joint district is established shall be maintained and complied with by the governing body of the joint water district.

        (e)   The joint water district board shall be responsible for the maintenance, operation, improvement and extension of the district's water system. The joint water district board shall establish rates for the district's customers.

        History:   L. 1984, ch. 108, § 2; L. 1987, ch. 395, § 2; April 2.

• 80-1617: Water district board; general manager, treasurer; duties; meetings. (a) At the first meeting of the joint water district board following January 1, 1985, and annually thereafter, the board shall elect a chairperson, vice-chairperson and secretary-treasurer for a term of one year, or until a successor is elected and has been qualified. The chairperson and all persons employed by the board shall be paid just and reasonable compensation as determined by the board. The board shall prepare annually a budget for the coming year, adjust water rates, if necessary to produce sufficient revenue required by such budget, and shall cause an annual audit of the district's records and accounts to be made.

        (b)   The water district board may select and appoint a general manager who shall hold office at the pleasure of the board. The general manager shall have such duties and responsibilities as shall be assigned by the board in the management of the water supply and distribution system. The board shall obtain for the general manager a surety bond conditioned upon the faithful performance of the manager's duties. The board may authorize the payment of costs of group hospitalization, medical and surgical insurance benefits for its employees and may adopt a retirement plan for all of its officers, employees and agents. The board may obtain liability insurance covering the operations of the water district and the actions of the board. The board may obtain corporate surety bonds to the state of Kansas in an amount to be determined by the board, conditioned upon the faithful performance of the board members' duties and for the true and faithful accounting of all money that may come into the members' hands by virtue of the office. Such bonds shall be filed in the office of the county clerk for the county in which the district is located after approval by the board of county commissioners of such county.

        (c)   The joint water district board shall meet in regular session at a place to be designated by the board on the same day each month during the year as determined by the water district board for the transaction of any business as often as the interest or business of the water district may demand. The board shall meet in special session on the call of the chairperson or at the request of any two members of the board. The board shall adopt any rules and regulations and district bylaws deemed necessary for the conduct of the business of the district. It shall be the duty of the secretary to keep records showing all minutes, decisions and orders made by the board. Except as provided by the open records act, the records and accounts of the board shall be public. Except as provided by K.S.A. 75-4317 et seq., and amendments thereto, meetings shall be open to the public. Three members shall constitute a quorum for the transaction of business.

        (d)   The joint water district treasurer shall keep a true account of all moneys received thereby and the manner in which the same have been disbursed, keeping a separate account with each fund. The treasurer shall deposit or cause to be deposited all public moneys received thereby in an official capacity in a bank which is a member of the federal deposit insurance corporation or a savings and loan association which is a member of the federal savings and loan insurance corporation within the county in which the joint water district is located, the same to be designated by the joint water district board. Such deposits shall be made in the name of the joint water district. Joint water district moneys not immediately required for the purpose for which such moneys were collected or received may be invested in the manner provided by K.S.A. 12-1675, and amendments thereto.

        It shall be the duty of the treasurer to present to the board within 60 days from the end of the preceding quarter a quarterly financial report on the operations of the joint water district. Within 90 days after the end of each calendar year, the treasurer shall publish or cause to be published in a newspaper of general circulation within the county in which the joint water district is located a summary which shows totals for the categories of the receipts, expenditures, liabilities, assets and bonded indebtedness of such water district as of the end of such calendar year. Such publication shall include a notice that a detailed statement of such receipts, expenditures and liabilities is available for public inspection at the county clerk's office. Copies of the report shall be made available upon request. Such statement shall be duly verified and, after appropriate audit, shall be certified by a licensed municipal public accountant or by a certified public accountant.

        The joint water district board shall obtain for the treasurer of the joint water district a corporate surety bond to the state of Kansas conditioned upon the faithful performance of the treasurer's duties and for the true and faithful accounting of all money that may come into the treasurer's hands. The amount of such bond shall be determined by the board. Such bond shall be filed in the office of the county clerk in the county in which the joint water district is located after approval by the board of county commissioners of such county.

        History:   L. 1984, ch. 108, § 3; L. 1987, ch. 395, § 3; April 2.

• 80-1618: Same; powers. (a) Every district incorporated under this act shall have perpetual succession, subject to dissolution or consolidation pursuant to law and shall have the power to:

        (1)   Exercise eminent domain within the boundaries of such district;

        (2)   sue and be sued;

        (3)   contract;

        (4)   hold real and personal property acquired by will, gift, purchase or otherwise, as authorized by law;

        (5)   construct, install, maintain and operate such ponds, reservoirs, pipelines, wells, check dams, pumping installations or other facilities for the storage, transportation or utilization of water and such appurtenant structures and equipment necessary to carry out the purposes of its organization and may improve, extend or enlarge the water supply and distribution system and may sell and dispose of surplus water outside the district;

        (6)   employ any person necessary to carry out the provisions of this act;

        (7)   cooperate with and enter into agreements with the secretary of the United States department of agriculture or the secretary's duly authorized representative necessary to carry out the purposes of its organization;

        (8)   accept financial or other aid which the secretary of the United States department of agriculture is empowered to give pursuant to 16 U.S.C.A., §§ 590r, 590s, 590x-1, 590x-a and 590x-3, as amended;

        (9)   issue revenue bonds as provided by K.S.A. 80-1601 et seq., and amendments thereto; and

        (10)   acquire loans for the financing of the cost of construction or purchase of any project necessary to carry out the purposes of the district, as provided by the provisions of subsection (c) of K.S.A. 82a-619, and amendments thereto. Any such loan may be secured by any or all of the physical assets owned by the district, including easements and rights-of-way.

        (b)   No district organized under the provisions of this act shall have the power to levy any tax.

        History:   L. 1984, ch. 108, § 4; L. 1987, ch. 395, § 4; April 2.