reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-843 Same; bonds; election; limitation; use of surplus revenues.

12-843.
Same; bonds; election; limitation; use of surplus revenues.
For any and all indebtedness, obligation or liability contracted for or created for any of the purposes mentioned in K.S.A. 12-842, any such city, acting under the provisions thereof, is hereby granted full power and authority to issue bonds of the city to an amount equal to such indebtedness, obligation, or liability; the power to create or incur such indebtedness, obligation, or liability, and to issue bonds as herein provided, being independent of and in addition to like and other powers heretofore granted such cities; and such bonds may be sold as provided by law, and the proceeds thereof used in the payment of such indebtedness, obligation, or liability; such bonds shall not be used or sold except as directed by the governing body of said city, and such bonds shall not be issued to an aggregate amount exceeding fifteen percent of the assessed value of such city as shown by the assessment last preceding the issuance thereof: Provided, That no bonds shall be issued except upon a vote of a majority of the qualified electors of such city: And provided further, That any such city shall have full power and authority to use any surplus arising from the proceeds of any such plant or plants for the purpose of bettering, constructing or installing any such plant that such city may have or may desire to acquire by construction or purchase.
History: R.S. 1923, § 12-843; December 27.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-844 Lines and ways of access between city limits and utility plants.

12-844.
Lines and ways of access between city limits and utility plants.
Cities of the second and third class shall have the right and authority to construct and maintain for its own use pipe, power, light and telephone lines and necessary ways of access thereto between the city limits of any such city and the place or location of any waterworks, sewer or other public utilities or parts thereof owned, controlled or managed by such cities.
History:
L. 1913, ch. 122, § 1; March 18; R.S. 1923, § 12-844.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-845 Same; eminent domain.

12-845.
Same; eminent domain.
Whenever the governing body of any such city shall find or deem it necessary for the proper construction, operation or management of any water or sewer systems to construct pipe, power, light or telephone lines and ways of access thereto between the city and the location of any such public utilities or any part thereof within five miles of the city limits such cities shall have and are hereby granted the right of eminent domain.
History:
L. 1913, ch. 122, § 2; March 18; R.S. 1923, § 12-845.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-846 Same; procedure.

12-846.
Same; procedure.
Whenever the governing body of any such city shall determine to construct or authorize the construction of any such improvements as provided in K.S.A. 12-845 the governing body may proceed as provided by law to condemn the necessary lands or rights-of-way: Provided, Any person through or over whose lands any of such lines may be constructed or who would be otherwise damaged thereby may give consent thereto in writing, and such writing, with or without formal acknowledgment, may be recorded in the office of the register of deeds of the proper county, and such city shall have the same right to construct and maintain such lines as though such lands and rights had been formally condemned.
History: R.S. 1923, § 12-846; December 27.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-847 Same; costs and expenses.

12-847.
Same; costs and expenses.
All costs and expenses occasioned by such condemnation, appraisement and construction of such lines beyond the corporate limits of such city shall be borne by the city and paid out of the general or any special fund provided for such purpose.
History:
L. 1913, ch. 122, § 4; March 18; R.S. 1923, § 12-847.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-848 Control of streets and public grounds.

12-848.
Control of streets and public grounds.
The streets, alleys, public parks and grounds in cities of the second and third classes in the state of Kansas shall be under the control of the governing body of the municipalities thereof, and the jurisdiction over and the control thereof is vested in said cities.
History: L. 1905, ch. 121, § 1; February 11; R.S. 1923, § 12-848.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-849 Same; ordinance granting use of.

12-849.
Same; ordinance granting use of.
Before any person, firm or corporation shall have the right to enter upon the streets, alleys, public parks and grounds of any city of the second or third class for the purpose of piping the same for gas, heat, light, water, or for the construction of any railways, street railways, sewerage system, telephones, or for any other purpose whatsoever, such person, firm or corporation must first procure the passage of an ordinance by the governing body of such city granting unto such person, firm or corporation such right or rights, and in which said ordinance shall be defined fully and at length the terms upon which said right is conceded.
History: L. 1905, ch. 121, § 2; February 11; R.S. 1923, § 12-849.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-850 Same; unlawful use without franchise; penalty.

12-850.
Same; unlawful use without franchise; penalty.
Any person, firm, or corporation, their agents, servants, or employees, who shall, without first having obtained by ordinance from such municipal authorities, as hereinbefore provided, authority so to do, enter upon any of the streets, alleys, public parks or grounds of such cities and interfere with the surface thereof, or dig ditches, or obstruct the same in any way, or otherwise interfere therewith, shall be guilty of a misdemeanor for each day this act shall be thus violated, and upon conviction thereof shall be fined in any sum not exceeding one hundred dollars for each such offense: Provided, That in cities of the second and third class where street grades have been established property owners adjacent to such may fill in such streets to the center thereof so as to bring them up to such grade.
History: L. 1905, ch. 121, § 3; February 11; R.S. 1923, § 12-850.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-851 Police jurisdiction of cities, second and third classes.

12-851.
Police jurisdiction of cities, second and third classes.
Police jurisdiction is hereby granted and extended to cities of the second and third class, over all lands and grounds upon which waterworks, sewer systems, pipe, power, light, telephone lines and ways of access thereto, and all property and property rights, owned by the city in connection therewith, owned, controlled, or managed by such cities; and all ordinances of such cities now in force or hereafter enacted shall extend to, cover and include all such public utilities and property and property rights to the same extent and with like force and effect without as within the limits of such cities.
History:
L. 1913, ch. 127, § 1; R.S. 1923, § 12-851; L. 1937, ch. 116, § 1; March 25.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-852 Flowage rights to waterworks system intake.

12-852.
Flowage rights to waterworks system intake.
All cities of the second and third class which have impounded water, or may hereafter do so, for its waterworks system and public water supply are hereby granted the right to have such water flow down any natural watercourse to its waterworks system intake.
History:
L. 1937, ch. 123, § 1; March 25.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-853 Same; unlawful acts.

12-853.
Same; unlawful acts.
It shall be unlawful for any person or persons to materially diminish, impound, retard or divert the augmented flow of water due to the use of said stream or streams by such cities in conveying its water to its water system intake as aforesaid.
History:
L. 1937, ch. 123, § 2; March 25.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-854 Same; penalty for violating K.S.A. 12-853.

12-854.
Same; penalty for violating K.S.A. 12-853.
Any person or persons violating K.S.A. 12-853, upon conviction, shall be deemed guilty of a misdemeanor and shall be fined in sum not exceeding five hundred dollars.
History:
L. 1937, ch. 123, § 3; March 25.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-855 Same; rights of riparian owners.

12-855.
Same; rights of riparian owners.
Nothing herein shall be construed as prohibiting riparian owners from the use of the natural flowage of said streams or from the use of the water from said streams at any and all times for family and domestic farm stock purposes.
History:
L. 1937, ch. 123, § 4; March 25.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-856 Combined waterworks and sewage disposal system; definitions.

12-856.
Combined waterworks and sewage disposal system; definitions.
For the purpose of this act the following words and phrases shall have the meanings ascribed to them in this section:
(a) "City" shall mean any city in this state.
(b) "Waterworks system" shall mean a waterworks system owned and operated by a city.
(c) "Sewage disposal system" shall mean the sanitary and storm sewers, pumping stations, sewage treatment plants, outfall sewers and any and all appurtenances necessary in the operation of the same owned and operated by a city.
(d) "Water and sewage system" shall mean a combination of a waterworks system and sewage disposal system.
History:
L. 1953, ch. 72, § 1; L. 1955, ch. 80, § 1; L. 2006, ch. 95, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-857 Same; ordinance.

12-857.
Same; ordinance.
The governing body of any city may by ordinance declare its waterworks system and sewage disposal system to be a water and sewage system and thereafter it shall be operated and financed as herein provided.
History:
L. 1953, ch. 72, § 2; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-858 Same; revenues.

12-858.
Same; revenues.
Upon the establishment of the water and sewage system the current operating funds of or budgeted for the two systems shall be transferred to a "water and sewage fund" and thereafter all revenue collected for such water and sewage system shall be credited to such fund for the use of such water and sewage system.
History:
L. 1953, ch. 72, § 3; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-859 Same; creation of water and sewage department; operation.

12-859.
Same; creation of water and sewage department; operation.
The governing body of the city shall by ordinance create a water and sewage department for the operation of the water and sewage system and provide for such officers and employees as may be necessary for the proper operation of the water and sewage system.
History:
L. 1953, ch. 72, § 4; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-860 Same; rates and charges; use of revenue; collection; liens.

12-860.
Same; rates and charges; use of revenue; collection; liens.
The governing body of the city shall establish rates and charges for water and for the use of the sewage disposal system. The amount of such rates and charges shall be reasonable and sufficient to pay the cost of operation, repairs, maintenance, extension and enlargement of the water and sewage system and improvements thereof and new construction and the payment of any bonds and the interest thereon as may be issued for such water and sewage system. No revenue shall be used for the payment of bonds payable primarily by assessments against property in sewer districts. Such revenue may be used to pay revenue bonds or general obligation bonds payable by the city at large issued either for the waterworks system or sewage disposal system before the systems were combined or for the water and sewage system after they have been combined. The city is authorized to discontinue water service for any failure to pay the rates or charges fixed for either water service or the use of the sewage disposal system or both when due.
History:
L. 1953, ch. 72, § 5; L. 1971, ch. 47, § 1; L. 1974, ch. 60, § 1; L. 2004, ch. 107, § 2; L. 2005, ch. 90, § 2; L. 2006, ch. 95, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-861 Same; assessment and bonds statutes applicable.

12-861.
Same; assessment and bonds statutes applicable.
Where by other statutes the construction of lateral and other sewers is payable by assessments against the property in a benefited district such statutes shall be followed and the costs assessed and bonds issued as provided by such statutes.
History:
L. 1953, ch. 72, § 6; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-862 Same; contracts, revenue bonds; protest petition; election.

12-862.
Same; contracts, revenue bonds; protest petition; election.
The governing body, by a two-thirds vote of the members thereof may contract for or make repairs, alterations, extensions, reconstructions, enlargements or improvements of its water and sewage system except as provided in K.S.A. 12-861 and issue or cause to be issued revenue bonds in payment of the cost thereof without submitting to a vote of the electors of such city the proposal to contract for or to make such repairs, alterations, extensions, reconstructions, enlargements or improvements and to issue such bonds in payment of the cost thereof: Provided, That the governing body or other proper officers of any such city shall, before contracting for or making any such repairs, extensions, reconstructions, enlargements or improvements, cause to be published in the official paper of said city a notice of its intention so to do which notice shall describe the nature of the proposed repair, alteration, reconstruction, enlargement or improvement, state the total amount of the cost thereof and the amount of the bonds to be issued for the payment thereof: Provided, however, If, within fifteen (15) days after the publication as aforesaid of such notice, there shall be filed with the clerk of such city a written protest against such proposed repairs, alterations, extensions, reconstructions, enlargements or improvements and such bond issue, signed by not less than twenty percent (20%) of the qualified electors of such city, the governing body of such city shall thereupon submit such proposed project and the proposed bond issue to the electors of such city at a special election to be called for that purpose upon at least ten (10) days' notice, to be held not later than sixty (60) days after the filing of such protest or at a regular city election or general election which will occur not sooner than thirty (30) days nor not later than sixty (60) days after the filing of such protest. In the event that a majority of such voters voting on such proposition at such election shall vote in favor thereof, such repairs, alterations, extensions, reconstructions, enlargements or improvements shall be made and such bonds may be issued in payment of the cost thereof.
History: L. 1953, ch. 72, § 7; L. 1965, ch. 101, § 1; March 18.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-863 Same; revenue bonds; liens; recitals; negotiability; general obligation bonds where combined water and sewage system.

12-863.
Same; revenue bonds; liens; recitals; negotiability; general obligation bonds where combined water and sewage system.
All bonds issued under the provisions of K.S.A. 12-862 shall be revenue bonds and such bonds are hereby made a lien on the revenues produced from the water and sewage system, but shall not be general obligations of the city and shall not contain the recital set forth in K.S.A. 10-112, and amendments thereto, but shall contain recitals stating that they are issued in conformity with the provisions, restrictions and limitations of this act, that such bonds and the interest thereon are to be paid by the issuing city from the revenues derived from the rates and charges herein mentioned and not from any other fund or source, that the same have been registered in the office of the city clerk of the issuing city and the auditor of the state of Kansas, respectively, and that said bonds are negotiable. All such bonds, when registered and issued, as herein provided, shall import absolute verity and shall be conclusive in favor of all persons purchasing such bonds that all proceedings and conditions precedent have been had and performed to authorize the issuance thereof and such bonds shall be negotiable and may be issued in addition to the statutory limit of bonded indebtedness of the issuing city.
Any city which has combined its water and sewage system under the provisions of K.S.A. 12-857 may issue general obligation bonds for the improvement of such system in the same manner and subject to the same limitations as such city could issue if it had not combined the system.
History:
L. 1953, ch. 72, § 8; L. 1974, ch. 60, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-864 Same; minimum sale price; school fund commission may not purchase.

12-864.
Same; minimum sale price; school fund commission may not purchase.
Bonds issued under this act shall not be sold for less than the principal amount thereof and accrued interest and shall not be offered for sale to nor purchased by the state school fund commission.
History:
L. 1953, ch. 72, § 9; L. 1957, ch. 83, § 1; April 17.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-865 Same; revenue bonds; terms; disposition of excess funds.

12-865.
Same; revenue bonds; terms; disposition of excess funds.
Revenue bonds issued under the provisions of this act shall mature not later than 40 years after the date of issuance. The bonds shall bear interest at a rate not to exceed the maximum rate of interest prescribed by K.S.A. 10-1009, and amendments thereto. In no case where revenue bonds are issued under and by virtue of this act shall the total amount received therefrom be in excess of the actual cost of the project. No city shall have any right or authority to levy taxes to pay any of the principal of or interest on any revenue bonds or any judgment against the issuing city on account thereof and the provisions of K.S.A. 10-113, and amendments thereto, shall not apply to any bonds issued hereunder.
History:
L. 1953, ch. 72, § 10; L. 1969, ch. 77, § 1; L. 1970, ch. 64, § 11; L. 1978, ch. 99, § 11; L. 1983, ch. 49, § 45; May 12.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-866 Same; revenue bonds; rates, fees and charges; annual audit, filing.

12-866.
Same; revenue bonds; rates, fees and charges; annual audit, filing.
(a) The governing body or other proper officers having the control and management of the utilities of such city shall provide for the payment of such bonds by fixing rates, fees or charges for the use of or services rendered by such utility, which rates, fees or charges shall be sufficient to pay the cost of operation, improvement and maintenance of the utility and pay the principal of and the interest upon such bonds when due.
(b) The city shall cause an audit to be made annually by a licensed municipal public accountant or certified public accountant of the operation of any utility for which revenue bonds have been issued by the city. If the audit discloses that proper provision has not been made for all of the requirements of this section, then the governing body or other officers having the control and management of the water and sewage system of such city shall promptly proceed to cause to be charged for the utility service rendered rates which will adequately provide for the requirements of this section. Within one year after the end of the audit period of the audit, a copy of the audit report shall be filed with the clerk of the city and shall be open to public inspection.
History:
L. 1953, ch. 72, § 11; L. 1980, ch. 64, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-867 Same; eminent domain.

12-867.
Same; eminent domain.
Any city operating under this act shall have the power of eminent domain with* or without the city for the purposes of this act.
History:
L. 1953, ch. 72, § 12; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-868 Same; combined waterworks and sewage system revenue bonds, when; act supplemental.

12-868.
Same; combined waterworks and sewage system revenue bonds, when; act supplemental.
Any city governed by the provisions of this act having authorized or issued revenue bonds under this act or having authorized or issued waterworks revenue bonds and sewage system revenue bonds under any other authority may, from time to time, without an election, issue its combined waterworks and sewage system revenue bonds pursuant to the provisions of this act in lieu of or in refund of any such revenue bonds previously authorized or issued. The power herein granted to issue bonds shall be supplemental to and not amendatory of the provisions of K.S.A. 10-102.
History:
L. 1953, ch. 72, § 13; L. 1958, ch. 7, § 1 (Special Session); May 8.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-869 Validation of proceedings and issuance of bonds for waterworks improvements in certain cities of second class.

12-869.
Validation of proceedings and issuance of bonds for waterworks improvements in certain cities of second class.
Any city of the second class which has, pursuant to the provisions of article 8 of chapter 12 of the Kansas Statutes Annotated, and any amendments thereto, authorized the issuance of general obligation bonds of the city for the making of waterworks improvements and held a bond election therefor prior to July 1, 1973, and a majority of the legal electors voting on the question voted in favor of the issuance of bonds in an amount not to exceed one hundred thousand dollars ($100,000), is hereby authorized to issue such bonds notwithstanding the fact that insufficient time elapsed in the giving of notice by publication concerning the holding of such election under the general bond law, and all proceedings thereunder and all bonds issued pursuant thereto are hereby validated and confirmed.
History: L. 1974, ch. 83, § 1; February 15.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-870 Natural gas acquisition systems of cities; definitions.

12-870.
Natural gas acquisition systems of cities; definitions.
As used in this act, unless the context otherwise requires:
(a) "City" means any city in this state.
(b) "Authority" means the natural gas authority authorized under this act.
(c) "Board" means the members of the authority.
(d) "Natural gas acquisition system" or "system" means all contracts for the purchase of natural gas at the wellhead, contracts for the transmission and processing of natural gas, contracts for the sale and delivery of natural gas to consumers, contracts for the sale for resale and delivery of natural gas to distributors, and all other contracts made under authority of this act by the city or the authority, together with all expenditures for obligations under such contracts and all receipts from the sale or other disposition of natural gas and other products pursuant to such contracts. Notwithstanding the provisions of K.S.A. 66-104 which exempt municipally owned or operated gas utilities, the system defined herein is hereby expressly declared to be a public utility and shall be subject to the jurisdiction and control of the state corporation commission and shall be governed by the provisions of article 1 of chapter 66 of Kansas Statutes Annotated.
History:
L. 1974, ch. 260, § 1; L. 1974, ch. 261, § 1; April 8.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-871 Same; natural gas authority; creation; board; selection, terms, officers; organization; meetings; resolutions.

12-871.
Same; natural gas authority; creation; board; selection, terms, officers; organization; meetings; resolutions.
The governing body of any city may itself exercise any authority granted herein or may by ordinance create and establish an authority to be known as "city of _______________ natural gas authority." The governing and administrative body of the authority shall be a board consisting of five (5) members, all of whom shall be appointed by the governing body of said city. The appointment of the members shall be for a term which shall expire on the expiration date of the term of office of the members of said governing body. Each member shall continue to serve until the appointment and qualification of a successor. As soon as possible after the appointment of the initial members, the board shall organize for the transaction of business, select a chairman and a temporary secretary from its own number, and adopt bylaws, rules and regulations to govern its proceedings. The chairman and other officers shall be elected annually by the board.
Regular meetings of the board shall be held at least once in each calendar month, the time and place of such meetings to be fixed by the board. Three (3) members of the board shall constitute a quorum for the transaction of business. All action of the board shall be by resolution and the affirmative vote of at least three (3) members shall be necessary for the adoption of any resolution.
History:
L. 1974, ch. 260, § 2; March 18.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-872 Same; sue and be sued; seal; purposes; contracts; limitations.

12-872.
Same; sue and be sued; seal; purposes; contracts; limitations.
(a) The authority may sue and be sued in its corporate name but execution shall not in any case issue against any property of the authority. It may adopt a common seal and change the same at pleasure.
(b) The purpose of the authority shall be to determine the natural gas requirements of the city and to provide for natural gas sources necessary to meet such requirements. To carry out said purpose, the authority shall have the power to negotiate and, subject to approval of the governing body of the city, execute contracts for the production, purchase, sale, transmission and distribution of natural gas in Kansas. Such contracts may provide for:
(1) The purchase of natural gas at any wellhead in Kansas for the wellhead cost of the gas and may contain escalator clauses in the event that any order may be made by any authorized federal or state agency increasing the wellhead cost of gas;
(2) the transmission of natural gas by any existing pipeline corporation or public utility;
(3) the sale for resale of natural gas to private distributors located in the city and the delivery of the gas to the distribution systems of said private distributors;
(4) the direct sale and delivery of natural gas to industrial, institutional and commercial consumers within the city; and
(5) the construction and operation of pipelines by pipeline corporations or public utilities for the use of the authority.
(6) The construction of pipelines by the authority when no pipeline exists or when existing pipelines have no available space or are inadequate and when approved by the Kansas corporation commission.
(7) Said contracts may be for a period not to exceed twenty (20) years.
History:
L. 1974, ch. 260, § 3; March 18.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-873 Same; compliance with federal law and rules and regulations.

12-873.
Same; compliance with federal law and rules and regulations.
In fulfilling its duties herein authorized, the city or the authority shall do all things necessary to comply with the requirements of the federal natural gas act of 1938 and with rules and regulations of the federal power commission when applicable.
History:
L. 1974, ch. 260, § 4; March 18.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-875 Same; investment of funds.

12-875.
Same; investment of funds.
The city or the authority shall have power to invest and reinvest any funds held in reserve or sinking funds not required for immediate disbursement, in investments authorized by K.S.A. 12-1675, and amendments thereto, in the manner prescribed therein or in bonds or notes of the United States, bonds of the state of Kansas or bonds of any county or city of the first class in which said authority is located or in bonds of the authority at not to exceed their par value or their call price and to sell these securities whenever the funds are needed for disbursement. Such investment or reinvestment of any funds shall not be in conflict with any provisions of any trust agreement securing the payment of bonds of the city or the authority.
History:
L. 1974, ch. 260, § 6; L. 1977, ch. 54, § 6; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-877 Same; deposit of funds with city treasurer.

12-877.
Same; deposit of funds with city treasurer.
All funds shall be deposited with the city treasurer and shall be handled in the same manner as other city funds as set out in K.S.A. 13-2107.
History:
L. 1974, ch. 260, § 8; March 18.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-878 Same; signature of officer on instruments.

12-878.
Same; signature of officer on instruments.
In case any officer whose signature appears upon any check, draft, bond or any interest coupon, issued pursuant to this act, ceases to hold office before the delivery thereof to the payee or the purchaser of any bond, such officer's signature nevertheless shall be valid and sufficient for all purposes with the same effect as if such officer had remained in office until delivery thereof.
History:
L. 1974, ch. 260, § 9; L. 1983, ch. 49, § 47; May 12.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-879 Same; employees for system.

12-879.
Same; employees for system.
The city manager of such city may provide for the selection of employees reasonably necessary in connection with the acquisition, construction, maintenance and operation of such natural gas acquisition system, define their duties, regulate their compensation and provide for their removal.
History:
L. 1974, ch. 260, § 10; March 18.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-880 Same; rates and charges for sale of gas.

12-880.
Same; rates and charges for sale of gas.
The city or the authority shall fix rates and charges for the sale of natural gas provided by the system which shall be at all times sufficient in the aggregate to provide revenues (a) for the payment of the interest on and principal of all bonds and other obligations payable from said revenues and to meet all other charges upon such revenues as provided by any trust agreement executed by the city or the authority in connection with the issuance of bonds under this act, and (b) for the payment of all operating costs and all other costs and charges incidental to the operation of the system.
History:
L. 1974, ch. 260, § 11; March 18.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-881 Same; trust agreements to secure bonds; contents; expenses.

12-881.
Same; trust agreements to secure bonds; contents; expenses.
In the discretion of the city or the authority any bonds issued under the provisions of this act may be secured by a trust agreement by and between the city or the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. Such trust agreement or the resolution providing for the issuance of such bonds may pledge or assign the contract rights and revenues to be received thereunder. Such trust agreement or resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the city or the authority in relation to the acquisition of contracts and contract rights, the rates to be charged, and the custody, safeguarding and application of all moneys.
It shall be lawful for any bank or trust company incorporated under the laws of the state which may act as depository of the proceeds of bonds or of revenues to furnish such indemnifying bonds or to pledge such securities as may be required by the city or the authority. Any such trust agreement may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action by bondholders. In addition to the foregoing, any such trust agreement or resolution may contain such other provisions as the city or the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the provisions of such trust agreement or resolution may be treated as a part of the cost of the operation of the system.
History:
L. 1974, ch. 260, § 12; March 18.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-882 Same; moneys received deemed trust funds; trust agreements.

12-882.
Same; moneys received deemed trust funds; trust agreements.
All moneys received pursuant to the authority of this act, whether as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this act. The resolution authorizing the bonds of any issue or the trust agreement securing such bonds shall provide that any officer with whom, or any bank or trust company with which, such moneys shall be deposited shall act as trustees of such moneys and shall hold and apply the same for the purposes hereof, subject to such regulations as this act and such resolution or trust agreement may provide.
History:
L. 1974, ch. 260, § 13; March 18.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-883 Same; enforcement of rights and performance of duties.

12-883.
Same; enforcement of rights and performance of duties.
Any holder of bonds issued under the provisions of this act or any of the coupons appertaining thereto, and the trustee under any trust agreement, except to the extent the rights herein given may be restricted by such trust agreement, may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce any and all rights under the laws of the state or granted hereunder or under such trust agreement or the resolution authorizing the issuance of such bonds, and may enforce and compel the performance of all duties required by this act or by such trust agreement or resolution to be performed by the city or the authority or by any officer thereof, including the fixing, charging and collecting of rates and charges.
History:
L. 1974, ch. 260, § 14; March 18.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-884 Same; annual report and financial statement; filing.

12-884.
Same; annual report and financial statement; filing.
As soon after the end of each fiscal year as may be expedient, the city or the authority shall cause to be prepared and printed a complete and detailed report and financial statement of its operation and of its assets and liabilities. A reasonably sufficient number of copies of such report shall be printed for distribution to persons interested and copies of such report shall be filed with the city clerk.
History:
L. 1974, ch. 260, § 15; March 18.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-885 Municipal energy agencies for electricity and other energy; creation by two or more cities; purposes; liability for tortious acts.

12-885.
Municipal energy agencies for electricity and other energy; creation by two or more cities; purposes; liability for tortious acts.
Subject to the provisions of K.S.A. 12-885 to 12-8,111, inclusive, and amendments thereto, any two or more cities may create a municipal energy agency for the purpose of planning, studying and developing supply, transmission and distribution facilities and programs and for the purpose of securing an adequate, economical and reliable supply of electricity and other energy and transmitting the same for distribution through the distribution systems of such cities. Any municipal energy agency created under the provisions of this act shall be a quasi-municipal corporation, except that nothing herein shall be construed as relieving any municipal energy agency created under the provisions of this act from liability for tortious acts.
History:
L. 1977, ch. 48, § 1; L. 1988, ch. 74, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-886 Definitions.

12-886.
Definitions.
As used in this act, unless the context otherwise requires:
(a) "Agency agreement" means the written agreement between or among two or more cities establishing a municipal energy agency.
(b) "City" means a city organized and existing under the laws of Kansas and authorized by such laws to engage in the local distribution and sale of electrical energy .
(c) "Governing body," with respect to a city, means the governing body of the city or, if another board, commission or body is empowered by law or by resolution of the governing body of the city to establish and regulate rates and charges for the distribution of electrical energy within the city, such board, commission or body shall be deemed to be the governing body.
(d) "Municipal energy agency" means a quasi-municipal corporation created by agreement between or among two or more cities pursuant to this act to exercise any of the powers granted by K.S.A. 12-885 to 12-8,111, inclusive, and amendments thereto, and including the acquisition, construction, reconstruction, operation, repair, extension or improvement of electric generation or transmission facilities or the acquisition of any interest therein or any right to part or all of the capacity thereof.
(e) "Person" means a natural person, a public agency, private corporation, firm, partnership, cooperative association or business trust of any nature whatsoever, organized and existing under the laws of any state or of the United States.
(f) "Project" means any plant, works, system, facilities and real and personal property of any nature whatsoever, together with all parts thereof and appurtenances thereto, used or useful in the generation, production, transmission, purchase, sale, exchange or interchange of electric energy or any interest therein or capacity thereof and including all studies and planning with respect thereto.
(g) "Public agency" means any city or other municipal corporation, political subdivision, governmental unit or public corporation created by or pursuant to the laws of this state, another state or the United States; any state or the United States; or any person, board or other body declared by the laws of any state or the United States to be a department, agency or instrumentality thereof.
History:
L. 1977, ch. 48, § 2; L. 1988, ch. 74, § 2; L. 1998, ch. 119, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-887 Resolution providing for creation; protest petition.

12-887.
Resolution providing for creation; protest petition.
Whenever the governing bodies of two (2) or more cities propose to create a municipal energy agency, a majority of the members of each such governing body shall adopt a resolution providing for the creation of such a municipal energy agency. Such resolution shall state the purpose for the creation of such agency, shall give the names of each city proposing to be a member thereof, shall state that bonds and other indebtedness may be incurred by such agency to be paid from revenues of the agency and shall state that each city becoming a member is authorized to enter into an agreement for a period not exceeding forty (40) years for the purchase of electricity or other energy from such agency. Such resolution shall be published in the official city newspaper of each such city and shall be effective sixty (60) days after such publication, unless within such sixty (60) days there is filed with the clerk of any such city a petition protesting the creation of such proposed municipal energy agency, signed by registered electors of such city equal in number to not less than ten percent (10%) of those electors of the city who voted at the last preceding city election. If such petition is filed, the governing body of such city shall submit such proposition to the electors of such city at a special election to be called and held for that purpose. Such election shall be held not more than sixty (60) days after the petition is filed. Notice of the election shall be published once in the official city newspaper, with such publication to be not more than ten (10) nor less than five (5) days prior to the date of such election. Such special election may be held at the time of any general election which occurs not sooner than thirty (30) days nor later than sixty (60) days after the filing of the petition. If a majority of the electors of such city voting on the proposition shall vote in favor thereof, the resolution providing for the creation of the municipal energy agency shall take effect.
History:
L. 1977, ch. 48, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-888 Agreement creating; requirements, procedure.

12-888.
Agreement creating; requirements, procedure.
(a) Any city in which the resolution of the governing body thereof providing for the creation of a municipal energy agency has become effective may become a member of such municipal energy agency, with all the rights, powers and duties pertaining thereto, by executing an agreement creating the municipal energy agency. Such agreement shall be approved by resolution of a majority of the members of the governing body of each such city and shall be executed by the mayor of each such city. The agreement shall include the following:
(1) The name of the agency, which shall include the words "municipal energy agency";
(2) the duration of the agency, which may be perpetual;
(3) the name of each city proposing to be a member of the agency;
(4) the address of the agency's registered office and the name of the resident agent in charge of such office, except that where the city clerk of a member city is to be the resident agent the name of such city clerk need not be specified in the agreement;
(5) the manner in which bylaws of the agency may be adopted;
(6) the number of directors to serve on the board of directors and the method of selecting such directors, consistent with the provisions of K.S.A. 12-891;
(7) a statement that the cities which are members of the municipal energy agency are not liable for the obligations of the agency;
(8) any limitation or restriction on the power of the agency not specified in this act; and
(9) any other provision relating to the organization or operation of the agency which the parties deem appropriate and which is not inconsistent with this act or the laws of this state.
(b) No agreement made pursuant to this section shall take effect until submitted to and approved by the attorney general. Such agreement shall be approved unless the attorney general finds that it does not meet the requirements set forth in this act or other laws of this state, in which event the attorney general shall give written notice to the governing body of each of the proposed member cities, detailing the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement submitted hereunder within sixty (60) days of its submission shall constitute approval thereof.
(c) Before a municipal energy agency commences business, the agreement, as approved by the attorney general, shall be filed with the secretary of state and the state corporation commission. A copy thereof, certified by the secretary of state, shall be filed in the office of the register of deeds of each county in which any member city is located. Upon filing of such certified copy of the agreement with the register of deeds of each such county, the municipal energy agency so created shall thereupon be a quasi-municipal corporation.
History:
L. 1977, ch. 48, § 4; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-889 Amendment of agreement creating.

12-889.
Amendment of agreement creating.
The agreement creating the agency may be amended as the board of directors deems necessary. Any such amendment shall be approved by resolution of the governing body of each member city and shall be executed by the mayor of each such city. Any such amendment shall be submitted to and approved by the attorney general in the manner provided in subsection (b) of K.S.A. 12-888.
History:
L. 1977, ch. 48, § 10; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-890 Registered office; change in location.

12-890.
Registered office; change in location.
Each municipal energy agency shall have a registered office, which may be located in the office of the city clerk of one of the member cities and shall have a resident agent in charge of such office for the purpose of accepting any legal process or notice served on the agency. When a municipal energy agency desires to change the location of its registered office, it shall file with the secretary of state and the state corporation commission a certificate of change of location of registered office, stating the new location and effective date of change. When the certificate of change of location has been duly filed, the board of directors may make the change without any further action.
History:
L. 1977, ch. 48, § 6; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-891 Board of directors; membership; terms; vacancies.

12-891.
Board of directors; membership; terms; vacancies.
A municipal energy agency shall be governed by a board of directors. The directors shall be selected as specified in the agreement creating the agency, except that the method of selection shall require that a majority of the board of directors be members of the governing bodies of the member cities or be directly selected by and subject to removal at will by the members of such governing bodies. The directors shall serve for terms as provided by the agreement creating the agency or by the bylaws of the agency. A director may be appointed to successive terms of office. Unless otherwise provided by the agreement creating the agency or by the bylaws of the agency, any vacancy occurring on the board for any reason other than the expiration of a member's term of office shall be filled for the unexpired term by appointment by the remaining members of the board.
A quorum of the board of directors shall be determined as set out in the agreement creating the agency or in the bylaws of the agency.
History: L. 1977, ch. 48, § 5; L. 1988, ch. 74, § 3; L. 2005, ch. 164, § 1; April 21.