reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-808 Power of city to sell service generally.

12-808.
Power of city to sell service generally.
Subject to the provisions of K.S.A. 66-104 and 66-131, and amendments thereto, any city operating waterworks, fuel, power, or lighting plant may sell and dispose of water, fuel, power or light to any person within or without said city.
History: L. 1913, ch. 79, § 1; R.S. 1923, § 12-808; L. 1968, ch. 333, § 2; March 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-808a Electric or gas utility outside city limits; eminent domain; determination of rates.

12-808a.
Electric or gas utility outside city limits; eminent domain; determination of rates.
Whenever the governing body or the board of public utilities of any city owning or operating an electric or gas utility, any part of which is defined as a public utility under K.S.A. 66-104, shall deem it necessary for the proper construction, operation and management of such public utility, said governing body or board shall have and are hereby granted the power of eminent domain outside the corporate limit of such city, within the area subject to the jurisdiction and control of the corporation commission.
Subject to the approval of the corporation commission, every such utility shall have and is hereby granted the power and authority to determine the rate for service within any area located outside of and more than three (3) miles from the corporate limits of a city. However, nothing herein shall be construed as affecting the validity of rates, charged to consumers in such areas by a municipally owned or operated gas or electric utility, which have been established and are in effect on the effective date of this act, but any change in such rates shall be subject to the approval of the corporation commission and must receive the commission's approval before said rates shall become effective.
History:
L. 1968, ch. 333, § 8; March 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-808b Same; filing of rates and location of facilities, when.

12-808b.
Same; filing of rates and location of facilities, when.
Within one hundred twenty (120) days after the effective date of this act, all municipally owned or operated electric or gas utilities having facilities located outside of and more than three (3) miles from the corporate limits of the city shall file with the corporation commission in the manner prescribed by the commission:
(a) A schedule of rates charged to all consumers outside of and more than three (3) miles from the corporate limits of such municipality; and
(b) the location of all facilities of such utility located outside of and more than three (3) miles from the corporate limits of such municipality.
History:
L. 1968, ch. 333, § 9; March 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-808c Municipalities; lien for utility services.

12-808c.
Municipalities; lien for utility services.
(a) Except as provided in subsection (b), if any person, firm, corporation, organization, political or taxing subdivision of the state or other entity other than the state of Kansas and the federal government residing, occupying, using or operating on property to which is provided utility services by a utility owned or operated by a municipality, neglects, fails or refuses to pay the fees or charges for such service, the unpaid fees or charges shall constitute a lien upon the property to which such utility service is provided. The amount of the unpaid fees or charges shall be certified by the governing body of the municipality to the county clerk of the county in which such property is located, to be placed on the tax roll for collection, subject to the same penalties and collected in the same manner as other taxes are collected by law. The governing body may refuse the delivery of such utility service as otherwise permitted by law until such time as such charges are fully paid.
(b) A lien shall not attach to property for unpaid utility fees or charges, when the utility service has been contracted for by a tenant and not by the landlord or owner of the property to which such service is provided.
(c) Except as provided by this subsection, no municipality which provides utility services shall refuse to contract with a tenant for provision of such services to property occupied by such tenant. A municipality shall not be required to contract with any person if such person has outstanding or unpaid charges for utility services provided by such municipality.
(d) A municipality may require a single deposit to be paid by a customer for all utility services, except that such deposit shall not exceed an amount equal to the expected average bills for a three month period for such utility services.
(e) When used in this section:
(1) "Municipality" means any city, county, township, water district, improvement district or other political or taxing subdivision of the state or any agency or instrumentality of a municipality which provides utility services but does not include any rural water district organized pursuant to K.S.A. 82a-612 et seq., and amendments thereto.
(2) "Utility services" means refuse, trash, garbage or other solid waste collection and disposal, sewer, water, gas and electric power services.
History:
L. 2006, ch. 95, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-809 Damming of river or condemnation of land and water for waterworks; petition to court; bond issue.

12-809.
Damming of river or condemnation of land and water for waterworks; petition to court; bond issue.
The governing body of any city shall have power and authority to dam any river not navigable, to condemn and appropriate in the name and for the use of the city any such land or lands located in or out of the corporate limits thereof, as may be necessary for the construction and operation of waterworks, and to condemn, appropriate and divert the water from such river, or so much thereof as may be deemed necessary for such purpose.
Whenever the city council shall determine to condemn and appropriate any land or to condemn and divert any water for the purpose aforesaid, it shall cause a petition to be presented in the name of the city to the district judge of the district court of the county in which such city is situated, setting forth the necessity of the appropriation of lands and the diverting of said water for the erection and operation of waterworks, and thereupon the necessary real estate shall be condemned as provided by law, and may be paid for by the issuance and sale of the bonds of such city as provided by law.
Before any such bonds shall be issued the proposition shall be submitted to the voters of such city as provided by law. From and after such condemnation and appropriation and the payment therefor, the city shall be vested with the right to perpetually use the land, water, and the right to divert such water, condemned for the purpose of waterworks.
History: R.S. 1923, § 12-809; L. 1976, ch. 145, § 38; January 10, 1977.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-810 Condemnation by foreign municipality for water plant.

12-810.
Condemnation by foreign municipality for water plant.
Any foreign municipal corporation duly chartered and organized under the laws of its state, and owning a water plant and having some part thereof within the state of Kansas, may apply to the district court or judge thereof, of any county in which said foreign municipal corporation has located any part of its water plant to condemn land for the same, or as much as may be desired, as well as a route for such proposed water mains as may be located by such foreign municipal corporation, and also such land as may be deemed necessary for engine houses, pumping stations, workshops, water stations, intakes, reservoirs, filtering basins, tunnels, shafts and conduits for conveying water, together with all necessary means, ways and devices for building, constructing, maintaining, repairing and operating the same, and materials for the construction sufficient to enable said foreign municipal corporation to construct and repair its plant, mains and stations, and right of making proper drains, which said lands or rights therein may be condemned as provided by law: Provided, Such foreign municipal corporation shall not be permitted to condemn any lands actually used by a water company in serving a municipal corporation in the state of Kansas, when the taking of the lands so sought to be condemned would interfere with the actual operation of such water company's plant.
History: R.S. 1923, § 12-810; December 27.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-812 Same; bonds for enlargement or improvement of waterworks; ordinance; election.

12-812.
Same; bonds for enlargement or improvement of waterworks; ordinance; election.
If such city deems it necessary to enlarge, improve or extend any waterworks system, or part thereof (so condemned), the governing body is hereby empowered to issue for said purpose bonds to such an amount as may be fixed by ordinance and authorized by the electors at the election hereinbefore provided for, or at any subsequent special election or elections called therefor, which said bonds shall be issued according to law.
History: R.S. 1923, § 12-812; December 27.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-817 City water contracts.

12-817.
City water contracts.
The governing body of any city acquiring a waterworks plant, or part thereof, may make a contract with any person, city or corporation, located within or without this state, for the purchase and supplying of water for all purposes to such city for its own use or to supply all other consumers.
History: R.S. 1923, § 12-817; December 27.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-817a Application of section and K.S.A. 12-817b.

12-817a.
Application of section and K.S.A. 12-817b.
The provisions of this act shall apply to any city of the state of Kansas.
History: L. 1963, ch. 78, § 1; L. 1965, ch. 100, § 1; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-817b Contracts with U.S. government or agencies for water supplies; subject to future nullification if state assumes certain financial obligations.

12-817b.
Contracts with U.S. government or agencies for water supplies; subject to future nullification if state assumes certain financial obligations.
Any two or more cities may enter into contracts or a single contract with the United States government or any agency thereof for a water supply or part thereof for any one or more of such contracting cities. Any such contract may provide that water shall be supplied and paid for in quotas which are automatically adjusted for population changes in such cities, or for other agreed amounts, from storage facilities or reservoirs of the United States government. Any such contract or contracts may provide for payment by such cities to the United States government for such water supply and may designate the manner in which payment obligations shall be shared among such cities.
Such contracts may run for any term not exceeding fifty (50) years: Provided, Every such contract shall contain a provision that in the event the state, through duly authorized officers, at any time declares such contract to be void, it shall immediately thereafter be void and of no effect, however, the state shall at the same time become liable for and assume the financial obligations of such contract for any cost reimbursement and maintenance expense which is provided under such contract to be paid by such municipalities to the United States government or any agency thereof, and such financial obligations shall become due at the same time and in the same amount as provided in such contract for payment by such municipalities: Provided further, Every such contract shall contain a provision that in the event that such contract is declared void pursuant to the provisions of this section, such contracting cities shall pay to the state sums of money equal to the sums of money that the state pays to the federal government as a result of such declaration, and such cities shall thereupon have rights to water similar to their rights to water under such voided contract.
History:
L. 1963, ch. 78, § 2; April 23.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-818 Ordinances for control of waterworks.

12-818.
Ordinances for control of waterworks.
The governing body shall enact all other ordinances necessary for the control, operation and maintenance of such waterworks plant and department.
History: R.S. 1923, § 12-818; December 27.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-819 Bond limitations not to apply.

12-819.
Bond limitations not to apply.
None of the restrictions and limitations respecting the amount of city indebtedness contained in any of the statutes of the state of Kansas shall apply to or in any way affect the issuance of the bonds authorized by this act.
History: R.S. 1923, § 12-819; December 27.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-820 Acquisition of plants outside city.

12-820.
Acquisition of plants outside city.
If any part or portion of the plant or property of any person, company or corporation sought to be acquired by any city proceeding under the provisions of this act be located outside the corporate limits and boundaries of said city, the said city may, nevertheless, proceed under this act to acquire title to such part or portion of the said plant or property as may be located, and to hold and control the same as the property of the city the same as though it was located within the corporate limits of said city, subject to the provisions of K.S.A. 66-104 and 66-131, and amendments thereto.
History: R.S. 1923, § 12-820; L. 1968, ch. 333, § 3; March 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-820a City acquiring certain private waterworks property authorized to reimburse subdivisions for tax loss; exception.

12-820a.
City acquiring certain private waterworks property authorized to reimburse subdivisions for tax loss; exception.
Any city of the state which shall acquire from a private owner any waterworks utility or property serving such city which at the time of such acquisitions was subject to the levy of ad valorem taxes for city, county, board of education or municipal university purposes shall have power to pay annually to such city, county, board of education or municipal university, out of the net revenues accruing to the city from the operation of its waterworks, an amount not in excess of the ad valorem taxes levied on such waterworks property for such city, county, board of education or municipal university in the calendar year preceding the date of the acquisition of such waterworks utility or property by the city: Provided, however, That if any such city shall have outstanding any revenue bonds payable from the revenues of the city's waterworks, the city shall not make any such payment which will prevent the city from paying when due the principal of and interest on its water revenue bonds, nor shall such payment be made if the making thereof will prevent or interfere with the performance by the city of any of its obligations under the ordinance authorizing the issuance of its water revenue bonds.
History:
L. 1957, ch. 104, § 1; March 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-821 Extension of mains or of transmission lines or pipelines.

12-821.
Extension of mains or of transmission lines or pipelines.
Subject to the provisions of K.S.A. 66-104 and 66-131, and amendments thereto, any city operating any waterworks, fuel, power or lighting plant or sewer system may extend its mains, transmission lines or pipelines within or without the city by construction or purchase, when applications have been made and agreements entered into by persons along the proposed extension that will produce a revenue in the judgment of the governing body, sufficient to pay interest on the cost of the extension, and the operating cost of the product or service furnished.
History:
L. 1913, ch. 79, § 2; L. 1919, ch. 110, § 1; R.S. 1923, § 12-821; L. 1968, ch. 333, § 4; March 30.
3
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-823 Public or municipally owned utilities; penalties.

12-823.
Public or municipally owned utilities; penalties.
Any public or municipally owned utility violating any of the provisions of this act shall be subject to a penalty of not less than five dollars ($5) nor exceeding twenty-five dollars ($25) to be recovered in any court of competent jurisdiction, which penalty shall be paid to the state treasurer pursuant to K.S.A. 20-2801, and any amendments thereto.
History: L. 1919, ch. 238, § 2; R.S. 1923, § 12-823; L. 1973, ch. 106, § 2; L. 1978, ch. 105, § 1; January 1, 1979.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-824 Franchise to interurban railway or electric company; certain provisions declared void; notice; petition; election; certificate of convenience and necessity.

12-824.
Franchise to interurban railway or electric company; certain provisions declared void; notice; petition; election; certificate of convenience and necessity.
(a) All incorporated cities in the state of Kansas into or through which any interurban railroad may have been built, or into or through which any interurban railroad may propose to build a line of interurban railroad, or into or through which any corporation operating a system for the transmission of electric current between two or more incorporated cities in the state shall have been built, or into or through which any such corporation may propose to build its transmission lines, are hereby authorized and empowered upon such terms and conditions, as any such city may by ordinance prescribe, to grant franchises to such interurban railroad companies and transmission corporations for any public utility purposes for which they are or may be incorporated. Any such franchise shall be granted for a period not greater than the time for which the charter under which such company or corporation is then operating continues to run but in no case to exceed 35 years. Such franchise shall not be granted until notice of the proposition to grant the same has been given for 20 days by publication in some newspaper in general circulation in such city. If within such twenty-day period, 10% of the qualified electors petition such city authorities to submit the same to a vote of the electors of the city, such city authorities shall submit the franchise proposition to a vote of the people before such franchise is granted. No such election shall be held until a certificate is procured from the corporation commission that public necessity and convenience requires the construction of such improvements or the furnishing of such public services. Nothing in this act shall be construed as applying to telephone and telegraph companies.
(b) On and after the effective date of this act, any provision for compensation or consideration, included in a franchise granted pursuant to this section which is established on the basis of compensation or consideration paid by an interurban railroad company or transmission corporation under another franchise, is hereby declared to be contrary to the public policy of this state and shall be void and unenforceable. Any such provision, included in a franchise granted pursuant to this section and in force on the effective date of this act which requires payments to the city by an interurban railroad company or transmission corporation to increase by virtue of the compensation or consideration required to be paid under a franchise granted by another city to the company's or corporation's predecessor in interest, is hereby declared to be contrary to the public policy of this state and shall be void and unenforceable.
History:
L. 1915, ch. 282, § 1; L. 1921, ch. 94, § 1; R.S. 1923, § 12-824; L. 1985, ch. 71, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-825 Technical service and advice from state commission.

12-825.
Technical service and advice from state commission.
Cities may, upon proper application to the secretary of the corporation commission of the state, obtain the technical services and advice, pertaining to any public utility operated within said city whether the same be publicly or privately owned, of any expert or other employee of said commission. The city obtaining such service or advice shall pay to said commission the actual expenses necessarily incurred by it in supplying said services or advice.
History: L. 1915, ch. 135, § 1; April 7; R.S. 1923, § 12-825.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-825a Petty cash funds, establishment; deposit.

12-825a.
Petty cash funds, establishment; deposit.
The governing body of any city that owns or operates waterworks, gas-works, or electric plant may by ordinance establish a petty cash fund for the use of said utilities, for the purpose of paying postage, freight, temporary labor, and other emergency expenses, including refund of deposits made to secure payment of accounts. Such petty cash fund shall be deposited in the designated city depository bank and paid out on the order of the cashier of such utilities by checks which shall state clearly the purpose for which issued.
History:
L. 1939, ch. 100, § 1; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-825b Same; certification by payees; false pretenses.

12-825b.
Same; certification by payees; false pretenses.
The payees of such checks shall certify thereupon over their signatures that such services were rendered, supplies furnished, or refunds received, as the case may be, and any false certification on such checks shall be deemed obtaining money under false pretenses and punished as provided by law.
History:
L. 1939, ch. 100, § 2; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-825c Same; audits; restoration of fund.

12-825c.
Same; audits; restoration of fund.
Whenever such petty cash fund becomes low or depleted, said cashier shall prepare vouchers covering such expenses as have been paid from said petty cash fund, and shall submit such vouchers together with the paid checks to the governing body for audit, and allowance of the amount from the regular funds of the utilities. Warrants issued therefor shall be payable to the petty cash fund and shall be deposited therein to restore said petty cash fund to its original amount, for use as herein provided.
History:
L. 1939, ch. 100, § 3; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-825d Waterworks, fuel, power and lighting plants; use, disposition and investment of revenues.

12-825d.
Waterworks, fuel, power and lighting plants; use, disposition and investment of revenues.
Except as otherwise hereinafter provided, in any city of the first, second or third class owning a waterworks, fuel, power or lighting plant, the revenue derived from the sale and consumption of water, fuel, power or light shall not be paid out or disbursed except for the purpose of operating, renewing or extending the plant or distribution system from which such revenue was derived, the payment of interest on outstanding bonds issued for the construction, extension or purchase thereof, and the payment of the salaries of the employees. At any time that there may be a surplus of such fund, it shall, if needed to redeem bonds, be quarterly placed in a sinking fund, which shall only be used for the purpose of redeeming bonds that may have been issued for acquiring, renewing or extending said plant or distribution system, or making renewals or extensions thereto. When any surplus of either the operating fund or sinking fund is not needed for any of the above stated purposes, said surpluses:
(a) May be transferred and merged into the city general revenue fund or any other fund or funds of such city; or
(b) upon approval of the voters as authorized by K.S.A. 12-825g, and amendments thereto, in cities of the second class having a population of not less than six thousand (6,000) and not more than twelve thousand (12,000) and which are located in a county having a total assessed taxable tangible valuation of not less than thirty-two million dollars ($32,000,000) and not more than forty-five million dollars ($45,000,000), a part of such surpluses may be annually transferred, for a period not exceeding five years, to a special fund, which shall be known as "the community and utility promotion fund," but the total amount transferred to such fund in any one calendar year shall not exceed (1) one percent (1%) of the gross income derived from the sale of water, fuel, power and light during the preceding calendar year by such city, or (2) ten thousand dollars ($10,000), whichever amount is the lesser, and at no time shall there be more than fifty thousand dollars ($50,000) in said fund, and the moneys in said fund may be expended for the purposes authorized by K.S.A. 12-825g, and amendments thereto; or
(c) such surpluses, in whole or in part, may be set aside in a depreciation reserve fund of the utility which may be used as hereinabove provided, and which may be invested in investments authorized by K.S.A. 12-1675, and amendments thereto, in the manner prescribed therein or in United States government bonds or in municipal bonds of any county, township, city or school district in the state of Kansas where the bonded indebtedness thereof does not exceed fifteen percent (15%) of its total assessed valuation as shown by the last assessment preceding such investment.
History:
L. 1945, ch. 97, § 1; L. 1959, ch. 73, § 1; L. 1977, ch. 54, § 5; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-825e Same; inapplicable to certain cities of more than 100,000 population.

12-825e.
Same; inapplicable to certain cities of more than 100,000 population.
The provisions of this act shall not apply to cities, the utilities of which are under the management and control of a board of public utilities, as established by chapter 126* of the Laws of Kansas for 1929, and all acts and parts of acts amendatory thereof.
History:
L. 1945, ch. 97, § 2; June 28.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-825f Crediting certain utility revenue to light fund.

12-825f.
Crediting certain utility revenue to light fund.
Any city receiving periodically revenue from any electric public utility as compensation or consideration in whole or in part for the franchise granted by such city to such utility pursuant to the terms thereof may credit all or any part of such revenue to the street light fund of such city.
History:
L. 1947, ch. 135, § 1; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-825g Use of community and utility promotion fund; transfers and expenditures subject to election.

12-825g.
Use of community and utility promotion fund; transfers and expenditures subject to election.
The governing body of any city of the second class which has transferred surpluses to the community and utility promotion fund, as authorized by subsection (b) of K.S.A. 12-825d, may expend the moneys in said fund for the purpose of promotion of or cooperating in the promotion of industrial development within or without the corporate limits of such city, and also for the purpose of promoting the use of water, fuel, power or light furnished from the waterworks, fuel, power or lighting plant of such city and also for the purpose of advertising and promotion of the sale of electricity and water. No such transfers or expenditures shall be made until the question of transferring and expending same for such purposes shall have been submitted to a vote of the people at a regular city or general election in such city and shall have received a majority of all the votes cast at such election.
History:
L. 1959, ch. 73, § 2; L. 1976, ch. 75, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-825h Foreign-trade zones; establishment and operation; application for federal grant.

12-825h.
Foreign-trade zones; establishment and operation; application for federal grant.
The governing body of any city, any authority organized and operating under the provisions of K.S.A. 27-315 to 27-326, inclusive, the board of county commissioners of any county, a corporate instrumentality of this state and one or more states, or a bi-state compact, or a not-for-profit corporation authorized to do business in this state shall have the power to apply singularly or jointly to the proper authorities of the United States government for a grant, and when such grant is issued, to establish, operate and maintain foreign-trade zones pursuant to the foreign-trade zone act of the United States, 19 U.S.C.A. 81a to 81u, inclusive, as amended.
History:
L. 1965, ch. 119, § 1; L. 1973, ch. 60, § 1; April 25.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-825i Same; delegation of authority to board of utilities.

12-825i.
Same; delegation of authority to board of utilities.
The authority to establish and operate such a foreign-trade zone may be delegated by ordinance by the governing body of a city to a board of public utilities in any city having such board.
History:
L. 1965, ch. 119, § 2; May 14.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-825j Municipalities owning or operating utility; contracts for purchase of water, gas or electricity.

12-825j.
Municipalities owning or operating utility; contracts for purchase of water, gas or electricity.
(a) Any municipality which owns or operates, or which hereafter owns or operates, a utility furnishing water, gas or electricity is hereby authorized and empowered to enter into contracts for the purchase of water, gas or electricity from any person, firm, corporation or other municipality, upon such terms and conditions as may be deemed necessary and reasonable by the governing body of such municipality. Any such contract may include an agreement for the purchase of water, gas or electricity not actually received. No such contract shall be made for a period in excess of forty (40) years, but renewal options in favor of the purchasing municipality may be included therein. Nothing in this section shall be construed to authorize the levy of a tax by any municipality entering a contract as herein provided.
(b) As used in this act, the term "municipality" shall mean and include any city, county or township.
History:
L. 1976, ch. 67, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-825k Payment of charges by public utilities at city hall.

12-825k.
Payment of charges by public utilities at city hall.
The governing body of any city owning or operating a water system or other municipal service and providing for the monthly or periodic payment of charges for such services at its city hall may enter into agreements with any public utility serving such city, or its surrounding area, for the payment of charges for services of the public utility to also be made at the city hall.
History:
L. 1979, ch. 49, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-826 Managing board of commissioners; payment of claims.

12-826.
Managing board of commissioners; payment of claims.
The governing body of any city of the first or second class that owns a waterworks, fuel, power or lighting plant may provide by ordinance for the creation of a board of commissioners, and fix their salaries, which board shall operate said waterworks, fuel, power or lighting plant, or either, under such rules and regulations as the governing body may by ordinance prescribe. In cities of the first class said board shall be composed of not less than three nor more than five persons; in cities of second class said board shall be composed of three persons.
The bills incurred in operating said waterworks and light plants, itemized and verified as required by law in case of other claims against the city, shall be first presented to said board, and by said board tabulated and certified to the city council, monthly, or when directed by the council; and the council may, upon the allowance thereof, cause the warrant therefor to be issued to said board; the amounts thereof, however, to be held by the city treasurer and paid out to the several claimants on the written orders of said board, under the regulations of the council. The original claims, after the action of the council thereon, may, if the council so directs, be returned to and preserved by said board: Provided, however, That the council may by ordinance prescribe procedures for said board to process the bills incurred and make allowance for payment by warrant of the city drawn on the utility fund without approval and allowance by said council.
History:
L. 1905, ch. 115, § 1; L. 1907, ch. 134, § 1; R.S. 1923, § 12-826; L. 1974, ch. 59, § 1; March 4.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-827 Same; appointment; terms; oath.

12-827.
Same; appointment; terms; oath.
The board of commissioners or commissioner shall be appointed by the mayor and be confirmed by the council, and the term of office of said commissioners shall be three years and until their successors are appointed and qualified. They shall file an oath of office and give bond in such amount as the governing body may by ordinance prescribe for the faithful performance of their duty, and shall be removed by the governing body for cause.
Where a board of commissioners is appointed, the term of office of the first person named shall expire in one year, the term of the second person appointed shall expire in two years, and the term of the third person appointed shall expire in three years, and thereafter one person shall be appointed each year: Provided, That where the board is composed of more than three persons, the term of office shall be for as many years as there are persons on said board, and shall be appointed in like manner.
History:
L. 1905, ch. 115, § 2; March 17; R.S. 1923, § 12-827.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-828 Same; recommendations.

12-828.
Same; recommendations.
It shall be the duty of said board of commissioners to recommend to the governing body a schedule of rates and such renewal or extension of any plant, from time to time, as in the judgment of said board will be reasonable, proper, and just; also such employees as may be necessary to properly operate said plant or plants.
History:
L. 1905, ch. 115, § 3; March 17; R.S. 1923, § 12-828.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-829 Same; rates; employees; salaries; removal.

12-829.
Same; rates; employees; salaries; removal.
Upon the recommendation of said board of commissioners, the governing body shall by ordinance fix such rates for water, fuel, power or light as are recommended by said board, provide for such employees as may be necessary to operate said plant or plants, define their duties, and fix their salaries; and when such employees are once appointed, they shall not be removed from service except for inefficiency or neglect of duty.
History:
L. 1905, ch. 115, § 4; March 17; R.S. 1923, § 12-829.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-831 Extension of plants or lines; signed agreements; election required.

12-831.
Extension of plants or lines; signed agreements; election required.
No extensions to said plant or plants shall be made by any board of commissioners until there shall be applications made for and agreements signed by persons along the proposed extension in sufficient number so that the revenue from said proposed extension will in the judgment of said board be ample to justify making such extension, nor shall any extensions, mains or lines be constructed by said board for political reasons or on account of any combination between such board and any other city official; and should such board extend any mains or lines for political reasons, or by entering into a combination with any other city official to do so, or shall refuse to extend said mains or lines when it is shown that the same will be profitable to said plant or plants, for such offense, said board shall be removed from office: Provided, That the provisions of this act shall not apply to any city until submitted to a vote of the people and receive a majority of all the votes cast at such election.
History:
L. 1905, ch. 115, § 7; March 17; R.S. 1923, § 12-831.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-834 Bonds for gas, water, light, heat, street-railway or telephone service; election.

12-834.
Bonds for gas, water, light, heat, street-railway or telephone service; election.
Whenever and as often as a majority of the electors voting at an election heretofore held or hereafter called and held, in any city of the second or third class, shall vote in favor of the issuance of bonds of such city for the purpose of purchasing, extending and improving, or purchasing, constructing or extending works, for the purpose of supplying such city and its inhabitants with natural gas, water, electric light, or heating, or street-railway or telephone service, it shall be lawful for the governing body of said city, by ordinance duly passed, to direct the issuance of the bonds so voted, which said bonds shall be issued according to law.
History: R.S. 1923, § 12-834; December 27.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-834a Validation of bond election; city of Burns.

12-834a.
Validation of bond election; city of Burns.
Any election held prior to the effective date of this act for the approval of the issuance of general obligation water system bonds of the city of Burns, Kansas, in an amount not to exceed $100,000, for the purpose of paying the costs of making repairs and improvements to the water system owned and operated by the city, under the authority of K.S.A. 10-101et seq., 10-601 et seq., and 12-834, and amendments thereto, notice of which was given by two publications in the official newspaper of the city within the statutorily required time prior to the date of such election, and which election was called by an ordinance adopted by the governing body of the city, which ordinance was not published, is hereby validated. The city is hereby authorized to issue such bonds in the amount and for the purpose approved by the voters at such election. The bonds so issued shall be legal and binding general obligations of the city.
History:
L. 1990, ch. 74, § 1; May 24.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-836 Waterworks bonds; limitation.

12-836.
Waterworks bonds; limitation.
Cities of the second and third class whose total bonded indebtedness shall not exceed fifteen percent of its total assessed valuation now owning and operating, or hereafter acquiring a system of waterworks are hereby empowered to issue bonds for the purpose of enlarging, repairing, extending, and improving such system of waterworks, in any sum not exceeding two percent of the total assessed valuation of the property of such city as shown by the assessment books for the year preceding the issuance of such bonds, as hereinafter provided: Provided, however, That in computing its total bonded indebtedness any such city may, for the purposes of this act, deduct therefrom the aggregate amount of any sinking fund or funds collected by said city for the payment of its outstanding bonds, at maturity.
History: L. 1913, ch. 124, § 1; R.S. 1923, § 12-836; L. 1937, ch. 115, § 1; February 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-837 Same; resolution; plans, specifications and estimate; approval or disapproval by secretary of health and environment; cost limited.

12-837.
Same; resolution; plans, specifications and estimate; approval or disapproval by secretary of health and environment; cost limited.
If the governing body of a city subject to K.S.A. 12-836, and amendments thereto, determines it necessary to improve the city's system of waterworks by enlarging, repairing, extending and improving the system, the governing body shall so declare by resolution. The city engineer or a person duly authorized to act for the city shall be directed by the resolution to forthwith prepare plans and specifications and a detailed estimate of the cost of the improvements and shall file the plans, specifications and estimate with the clerk of the city. Such plans, specifications and estimate shall be presented to the secretary of health and environment for approval. If approved by the secretary, the plans, specifications and estimate shall be returned to the clerk of the city, showing such approval. No bonds to pay the cost for any improvement provided for in this act shall be issued by the governing body of any city until the plans, specifications and estimate have been approved by the secretary of health and environment. The cost of any improvement provided for in this act shall in no case exceed the cost of the approved estimate.
History:
L. 1913, ch. 124, § 2; R.S. 1923, § 12-837; L. 1995, ch. 116, § 4; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-838 Same; ordinance.

12-838.
Same; ordinance.
Before any improvement is made as provided for in K.S.A. 12-836, and amendments thereto, the governing body of the city shall pass an ordinance authorizing the making of such improvement and directing the issuance of bonds to pay the cost of the improvement. The ordinance shall specify the nature and extent of the improvement to be made and shall recite that such improvement is made in accordance with plans and specifications approved by the secretary of health and environment and on file in the office of the city clerk for inspection. Such ordinance shall take effect and be in force on and after its final passage, approval and publication in the official paper of the city.
History:
L. 1913, ch. 124, § 3; R.S. 1923, § 12-838; L. 1995, ch. 116, § 5; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-839 Same; notice; hearing; election in cities of second class.

12-839.
Same; notice; hearing; election in cities of second class.
Before the passage of the ordinance provided for in K.S.A. 12-838, the mayor of the city, upon the receipt of a petition signed by at least 10% of the taxpayers of the city, shall cause to be published in the official city paper a notice signed by the mayor and attested by the city clerk. Such notice shall state that, in pursuance of a resolution previously adopted, an ordinance will be passed on a date specified in the notice, providing for the improvement of the system of waterworks in accordance with plans and specifications covering such improvement on file in the office of the city clerk and providing bonds for the payment for the cost of such improvement, naming the amount. Such notice shall also provide that any person objecting to such improvement or the issuance of bonds may appear before the council or board of commissioners during such time and be heard as to such objection. Such notice shall be published once each week for two consecutive weeks, the last publication to be more than 10 days prior to the date fixed therein for the passage of such ordinance.
If, in a city of the second class, before the passage of the ordinance provided for in K.S.A. 12-838, 25% of the qualified electors of the city petition the city governing body to submit such ordinance to a vote of the electors of such city, the city governing body shall submit such ordinance to a vote of the people before such ordinance is passed, and shall be governed by the result of such vote.
History:
L. 1913, ch. 124, § 4; R.S. 1923, § 12-839; L. 1931, ch. 112, § 1; L. 1981, ch. 173, § 17; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-840 Same; bond limitations not to apply.

12-840.
Same; bond limitations not to apply.
None of the restrictions and limitations contained in any of the statutes of the state of Kansas heretofore enacted shall apply to, or in any way affect the issuance of the bonds authorized by this act, or the bonds so issued.
History:
L. 1913, ch. 124, § 6; March 19; R.S. 1923, § 12-840.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 8 - Public Utilities › 12-842 Acquisition and operation of city plants; equipment on or across highway.

12-842.
Acquisition and operation of city plants; equipment on or across highway.
Any city of the second or third class of the state of Kansas is hereby granted full power and authority, on behalf of such city, to purchase, procure, provide and contract for the construction of, and to construct and operate, gas plants, electric-light plants, electric power or heating plants, waterworks, natural-gas wells, and petroleum-oil wells, and to secure by lease, contract or purchase natural-gas lands, petroleum-oil lands, and other real estate, and to contract for and purchase natural gas, petroleum oil, electric current, and water to be delivered where purchased or elsewhere, and to construct, maintain and operate pipelines, wires and other equipment for the transportation of the same from the place where such natural gas, petroleum, electric current or water may be delivered, to such points within or without the city as may be deemed advisable, for the purpose of supplying said city, its citizens and others, with water, light, gas, power, fuel or heat for domestic use or other purposes, and said cities are hereby authorized to place said pipelines, wires and other equipment for said transportation upon and across any of the public roads, highways and streets of this state in such manner as not to incommode the public in the use of such roads, highways and streets.
History: L. 1903, ch. 136, § 3; L. 1911, ch. 122, § 1; March 8; R.S. 1923, § 12-842.