reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1228 Same; electricity rates; street lighting equipment and traffic signal equipment.

13-1228.
Same; electricity rates; street lighting equipment and traffic signal equipment.
The board of public utilities shall fix reasonable rates for electricity furnished to consumers which: (1) Will secure an income sufficient to pay all salaries and wages of all officers and employees in such department; (2) will cover the cost of all materials and supplies used in the operation of the plant; (3) will cover the cost of all repairs; (4) will cover all miscellaneous expenses; (5) will pay the principal of and the interest on all revenue bond indebtedness of the city incurred for the purpose of purchasing, improving or extending the electric-light plant and will provide a sinking fund sufficient to pay the principal of and interest on such indebtedness at maturity; and (6) will cover the cost of all repairs and renewals of the plant and all material used, together with a reasonable allowance for emergency and unforeseen expenses. Upon direction of the city, the board shall install, repair, maintain and replace street lighting equipment and traffic signal equipment at a reasonable cost determined by the city, and shall provide an adequate supply of electricity to such street lights and traffic signals at a reasonable cost determined by the city. The city may fix special rates for electricity furnished to the city for public purposes.
History: L. 1929, ch. 126, § 9; L. 1977, ch. 66, § 5; L. 1980, ch. 72, § 8; April 14.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1228a Board of public utilities; rate increases; notice; procedure.

13-1228a.
Board of public utilities; rate increases; notice; procedure.
Prior to the effective date of an increase in any rate fixed pursuant to the authority of K.S.A. 13-1227 or 13-1228, the board of public utilities shall hold a public hearing for the purpose of presenting to the public the findings of the board supporting the reasonableness of the proposed rate increase. The findings shall include all pertinent financial data, supporting documents and analysis relating to the rate increase. Any affected utility customer may appear at the public hearing and present testimony of witnesses under oath, conduct cross-examination of employees and representatives of the board, present oral argument and file written briefs in support of such customer's position. Notice of the time and place of the public hearing and the amount of the proposed rate increase shall be given by publication in a newspaper of general circulation in the city which owns the public utility at least 90 days prior to the public hearing. Not less than 90 days prior to the public hearing, the board shall make available for review by any affected customer during regular business hours the financial data, supporting documents and analysis in possession of the board which substantiates the findings supporting the proposed rate increase. The public hearing shall be conducted pursuant to procedures adopted by the board not inconsistent with the provisions of this section. A transcript shall be made of the public hearing and copies of the transcript shall be made available to the public upon payment of the cost thereof. The public hearing may be continued by the board from time to time and within five days after its completion, the board shall fix such rates as it deems justified pursuant to its findings and the evidence presented at the public hearing.
History:
L. 1980, ch. 72, § 9; L. 1981, ch. 81, § 1; L. 1982, ch. 85, § 1; July 1.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1228b Same; definitions.

13-1228b.
Same; definitions.
As used in this act:
(a) "Party" means any affected utility customer who intervened at the public hearing of the board held pursuant to K.S.A. 13-1228a, and presented testimony of witnesses under oath, conducted cross-examination of employers and representatives of the board, presented oral arguments, and filed written briefs. "Party" does not mean a person who made a limited appearance for the purpose of presenting a statement for or against a rate decision of the board.
(b) "Decision" means any rate decision of the board made pursuant to K.S.A. 13-1228a.
History:
L. 1982, ch. 85, § 2; July 1.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1228c Same; application for review.

13-1228c.
Same; application for review.
Not later than 30 days after the decision of the board is rendered on a proposed rate increase pursuant to K.S.A. 13-1227 or 13-1228, any party may apply to the district court in the county in which the utility's administrative offices are located for a review of the decision.
History:
L. 1982, ch. 85, § 3; July 1.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1228d Same; notice of review.

13-1228d.
Same; notice of review.
Upon the application for review by a party, the clerk of the district court shall serve a copy of such application upon the board. The secretary of the board shall notify by certified mail all parties that such an application for review has been filed.
History:
L. 1982, ch. 85, § 4; July 1.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1228e Same; delivery of transcript to court; review by district court.

13-1228e.
Same; delivery of transcript to court; review by district court.
The secretary of the board upon receipt of the copy of the application for review shall transmit to the clerk of the court a certified transcript of all pleadings, applications, proceedings and decisions of the board and of the evidence heard by the board on the public hearings of the matter or cause. The parties, with the consent and approval of the board, may stipulate in writing that only certain portions of the record be transcribed.
The district court shall review the transcript of the public hearings for the purpose of determining the lawfulness or reasonableness of the board's decision. The court shall have the power to vacate or set aside the board's decision if it determines the findings of the board do not substantiate the reasonableness of the proposed rate increase or that the findings are contrary to law.
After the transcript is filed with the clerk of the court, the court shall fix a date for the filing of briefs and for the hearing of the cause. The review proceedings shall have precedence over all other matters in the district court in which it is pending and shall be heard by the court without a jury. Except as provided in this section, the procedure for the review shall be the same as in other civil actions.
History:
L. 1982, ch. 85, § 5; July 1.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1228f Same; stay or suspension of increase.

13-1228f.
Same; stay or suspension of increase.
Upon request of the petitioning party, any utility rate increase which is the subject of review shall be stayed in whole or in part, as requested, upon the filing of the petition. Upon request of the board, the district court shall set a hearing upon five days' notice to determine whether the stay should be continued. If the stay or suspension is continued, the order granting the same shall contain a specific finding based upon evidence submitted to the court and identified by reference thereto, that petitioner would probably prevail on the merits that the board's rate decision was unlawful or unreasonable.
History:
L. 1982, ch. 85, § 6; July 1.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1228g Same; duty of court.

13-1228g.
Same; duty of court.
If the court finds the decision of the board is lawful and reasonable, it shall render judgment sustaining the decision. The clerk of the court shall transmit to the board three certified copies of the judgment of the court. In such event, the board's rate decision will go into effect as of the date such decision was made.
If the court finds the decision of the board is unlawful or unreasonable in whole or in part and vacates or sets aside the decision in whole or in part, the court shall make findings of fact and conclusions of law. Upon final judgment, the clerk of the court shall transmit to the board three certified copies of the judgment of the court and the findings of fact and conclusions of law.
History:
L. 1982, ch. 85, § 7; July 1.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1228h Same; appeal to court of appeals.

13-1228h.
Same; appeal to court of appeals.
The state court of appeals shall have jurisdiction of appeals from decisions of the district court made pursuant to this section. Appellate proceedings shall have precedence in the court of appeals. Notwithstanding the provisions of K.S.A. 60-2101, the state supreme court shall not have appellate jurisdiction of decisions of the district court or state court of appeals rendered pursuant to this section. Except as provided by this section, the procedure upon appeal shall be the same as in other civil actions.
History:
L. 1982, ch. 85, § 8; July 1.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1228i Same; pending actions.

13-1228i.
Same; pending actions.
All parties to any proceeding before the board in which any rate decision has been rendered or made pursuant to K.S.A. 13-1228a within 30 days prior to July 1, 1982, in which no action has been commenced to set aside or vacate such order, may, before July 11, 1982, apply for rehearing in respect to any matter determined therein, and thereafter all proceedings shall be in accordance with the provisions of this act.
History:
L. 1982, ch. 85, § 9; July 1.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1228j Same; invalidity of part.

13-1228j.
Same; invalidity of part.
If any provision of this act or the application thereof to any persons or circumstances is held invalid, such invalidity shall not affect other provisions or application of the act which can be given effect without the invalid provisions or application and to this end the provisions of this act are declared to be severable.
History:
L. 1982, ch. 85, § 10; July 1.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1230 Same; treasurer; duties; bond.

13-1230.
Same; treasurer; duties; bond.
The treasurer of the city in which the waterworks or electric-light plant is located shall be ex officio treasurer of the board of public utilities. Except as otherwise authorized, all funds and property in the treasurer's hands belonging to the water and light department shall be subject to the control of the board, and it shall be the duty of the treasurer to receive and receipt for daily the money collected by the board, and to pay out the same when ordered by the city or the board upon warrants signed by the mayor and city clerk or chairman or vice-chairman of the board and countersigned by the manager of collections and accounts, certifying that such warrant is issued by authority of the city or the board. The ex officio treasurer shall give a surety bond to the board in such amount as it may deem necessary, the bond to be approved and paid for by the board.
History:
L. 1929, ch. 126, § 11; L. 1980, ch. 72, § 10; April 14.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1231 Same; bonds; election.

13-1231.
Same; bonds; election.
In case the board of public utilities shall deem it necessary and expedient to vote general obligation bonds for the construction, extension or improvement of the water plant and/or the electric-light plant for the purpose of producing and supplying such city and its inhabitants with water and/or electricity it shall be the duty of the mayor of such city, within thirty days after receiving written request from the board, to issue a proclamation for holding an election to vote such general obligation bonds in the amount requested by the board and agreed to by the city.
If a majority of the votes cast at such election shall be in favor of the issuance of such bonds the governing body of such city may issue and sell such bonds in such amounts and at such time or times as are needed, the proceeds thereof to be delivered to the treasurer of the board. The election provided for in this section shall be held in accordance with the general obligation bond election laws of the state of Kansas, and the cost thereof, if held on dates other than the regular city elections, shall be paid by the board.
History:
L. 1929, ch. 126, § 12; L. 1980, ch. 72, § 11; April 14.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1232 Same; general obligation bonds; limitations.

13-1232.
Same; general obligation bonds; limitations.
The amount of general obligation bonds which may be issued under the provision of this act for the purchase or extension of the water and light plants shall not be in excess of ten percent of the assessed valuation of such city regardless of any other debt limitation statute, and they shall not be counted under any statute limiting the issuance of general obligation bonds for other purposes.
History:
L. 1929, ch. 126, § 13; L. 1980, ch. 72, § 12; April 14.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1234a Same; invalidity of part.

13-1234a.
Same; invalidity of part.
If any provision contained in this act shall for any reason be held invalid it shall not affect the remainder of this act, and this act shall remain in force and effect the same as if such part held to be invalid had not been included herein.
History:
L. 1929, ch. 126, § 16; March 14.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1234b Bonds for street lighting and traffic signals in certain first class cities.

13-1234b.
Bonds for street lighting and traffic signals in certain first class cities.
The governing body of any city of the first class owning an electric light or waterworks plant, which electric light or waterworks plant is managed and operated by a board of public utilities, is hereby authorized to issue general improvement bonds of such city for the purpose of purchasing equipment and material for modern street lighting and traffic lights or signals for such city.
History:
L. 1951, ch. 176, § 1; L. 1968, ch. 260, § 1; July 1.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1234c Same; cost estimates, plans and specifications.

13-1234c.
Same; cost estimates, plans and specifications.
Before any equipment or material may be purchased under the provisions of this act, the city engineer of such city, and an engineer of the board of public utilities or some other qualified person designated by the governing body of the city shall make under oath an estimate of the cost of such equipment and material together with detailed plans and specifications for such equipment and material to be used, and file the same in the office of the city clerk, and no bonds shall be issued in excess of said estimate.
History:
L. 1951, ch. 176, § 2; March 30.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1234d Same; limitations.

13-1234d.
Same; limitations.
No city shall be authorized to issue bonds in excess of seventy-five thousand dollars ($75,000) in any one year, which bonds may be issued without a vote of the people, and shall be issued as provided by law: Provided, That any such city may issue such bonds in an amount not to exceed one hundred fifty thousand dollars ($150,000) in any one year for not to exceed three (3) years immediately following the effective date of this act.
History:
L. 1951, ch. 176, § 3; L. 1967, ch. 106, § 1; July 1.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1235 Power to grant right to furnish electric energy to certain customers in cities of more than 110,000 population; application.

13-1235.
Power to grant right to furnish electric energy to certain customers in cities of more than 110,000 population; application.
In each city of the first class having a population of more than one hundred and ten thousand inhabitants which owns and operates a municipal electric-light plant for the purpose of furnishing such city and its inhabitants with electric energy, the governing body of such city is hereby authorized to grant, to an individual, firm or corporation engaged in the business of manufacturing and distributing electric energy, the right to furnish, distribute and sell electric energy to customers within the city, when and only when such customers have first made application to the municipal electric-light plant for a supply of electric energy and the municipal electric-light plant has refused to furnish said electric energy.
History:
L. 1929, ch. 127, § 1; May 28.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1236 Sale of electric energy by private utility to customer within city not served by municipal utility; ordinance; limitations; term.

13-1236.
Sale of electric energy by private utility to customer within city not served by municipal utility; ordinance; limitations; term.
When granting to any individual, firm or corporation the right to furnish, distribute and sell electric energy to customers within such city, such grant shall be made only through the enactment of an ordinance for such purpose by the governing body of the city. The ordinance shall be read in full at three consecutive regular meetings of the governing body and published in full once each week for two consecutive weeks in the official city paper before becoming effective. The ordinance shall not grant the right to furnish and sell electric energy to more than one customer or grant the right to furnish and sell electric energy to any customer within the city for a period exceeding five years from the effective date of the ordinance.
History:
L. 1929, ch. 127, § 2; L. 1981, ch. 173, § 39; July 1.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1237 Same; certain contracts prohibited; exception.

13-1237.
Same; certain contracts prohibited; exception.
This act shall not authorize the governing body of any such city to contract with any person, firm or corporation to supply electric energy to the municipal light plant, and the making of any such contract is hereby prohibited: Provided, however, That in the event the municipal light plant is temporarily or partially disabled due to an act of God or the breaking of machinery or equipment, the governing body of such city may contract for a supply of electric energy during, but not to exceed, the time necessary to make repairs to remove such temporary or partial disability.
History:
L. 1929, ch. 127, § 3; May 28.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1239 Same; definition; recitals; negotiability.

13-1239.
Same; definition; recitals; negotiability.
Revenue bonds, as the term is used in this act, are defined to be bonds issued by any such city in this state to be paid exclusively from the revenue produced by the property and facilities improved, constructed, reconstructed, repaired or otherwise improved by the use of the proceeds of said bonds. Such revenue bonds shall not be general obligations of the city, and shall not contain the recitals set forth in K.S.A. 10-112 and any amendments thereof. Such revenue bonds shall, however, contain the following recitals, viz.: such bonds shall recite the authority under which said revenue bonds are issued, and that they are issued in conformity with the provisions, restrictions and limitations thereof, and that such bonds and the interest thereon are to be paid from the money and revenue received from the fees charged and rental received for the use of the property and facilities improved, constructed, reconstructed, repaired or otherwise improved by the proceeds, in whole or in part, of such revenue bonds when issued and sold.
Said revenue bonds shall recite, also, that the same have been registered in the office of the city clerk of said city, and in the office of the auditor of the state of Kansas, and when said bonds have been duly registered as herein provided, shall import absolute verity, and shall be conclusive as to said recitals, in favor of all persons purchasing said bonds, and that all proceedings and conditions precedent have been had and performed to authorize the issuance of said bonds, and said bonds shall be negotiable.
History: L. 1933, ch. 43, § 2 (Special Session); November 21.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1240 Same; city not obligated; sale to federal government; lien on revenues.

13-1240.
Same; city not obligated; sale to federal government; lien on revenues.
Said revenue bonds shall not constitute in any case, a general obligation of such city, and said bonds, if and when issued, shall in no wise be taken into consideration or account as a limitation on the power of such city to issue bonds for any and all other purposes heretofore or hereafter authorized by law, with relation to a limitation upon the bonded indebtedness of said city.
The governing body of any such city may contract for the sale of said bonds to the government of the United States, under the provisions of the national industrial recovery act and the regulations made in pursuance thereof, to procure funds for the improvement, construction, reconstruction or repair of the public levees, docks, wharves, river terminals, grain elevator terminal docks, storage, railroad and all other necessary facilities, on such terms and conditions as in the judgment of said governing body will be to the best interest of such city and may create a lien on the revenues to be obtained from such property and facilities and pledge the same to the payment of said revenue bonds and interest thereon.
History: L. 1933, ch. 43, § 3 (Special Session); November 21.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1241 Same; maturity; tax levy not authorized.

13-1241.
Same; maturity; tax levy not authorized.
Revenue bonds issued under the provisions of this act shall mature to conform to the plan of liquidation and payment of the bonds and interest thereon. The date of maturity of the bonds shall not be fixed for a longer period of time than 40 years after the date of issuance. The bonds shall bear interest at a rate not to exceed the maximum rate of interest prescribed by K.S.A. 10-1009, and amendments thereto. Such city shall have no right or authority to levy taxes to pay the principal or interest of revenue bonds as defined herein and the provisions of K.S.A. 10-113, and amendments thereto, shall not apply to this act.
History:
L. 1933, ch. 43, § 4 (Special Session); L. 1970, ch. 64, § 24; L. 1978, ch. 99, § 15; L. 1983, ch. 49, § 59; May 12.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1242 Same; payment; rates and charges; sinking fund.

13-1242.
Same; payment; rates and charges; sinking fund.
Provision shall be made by the governing body of such city for the payment of said bonds, by fixing rates and charges for the use of and the services to be rendered by such property and facilities, which rates and charges so fixed shall be sufficient to pay all expenses of the city in connection therewith and cover the cost of operation and repairs, pay all interest charges upon all indebtedness created for the purpose of improving, constructing, reconstructing, repairing or improving of such public levee and the improvements and facilities thereon for which such revenue bonds were issued to so improve, construct, reconstruct or repair and to provide a sinking fund sufficient to pay off such indebtedness at maturity.
History: L. 1933, ch. 43, § 5 (Special Session); November 21.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1243 Same; contracts; rentals; conditions and safeguards; annual audit, filing.

13-1243.
Same; contracts; rentals; conditions and safeguards; annual audit, filing.
The governing body of such city is hereby empowered and authorized to enter into an agreement in writing with any person, firm or corporation to erect and construct on its public levee, improvements and facilities authorized and mentioned in this act and lease the same for a term of not to exceed ninety-nine (99) years for such rental and upon such conditions as in the judgment of such governing body will be to the best interest of such city, provided the rent fixed by any such agreement and lease shall be sufficient to liquidate and pay all expenses of the city connected therewith and the principal and interest of all revenue bonds issued or to be issued to pay the full cost of such improvements and facilities so leased. The governing body of any such city shall observe the following conditions and safeguards:
(a) All authorized and executed leases, agreements or documents, photostatic or sworn copies thereof concerning construction, alteration, repairs or terms of rental of any public levee, in whole or in part and improvements thereon, shall be filed with the city clerk of any such city and shall be open to public inspection; and
(b) the governing body of each city which has issued revenue bonds for the improvement of any public levee, shall cause an audit to be made annually by a licensed municipal public accountant or certified public accountant of the operations of any revenue-producing public levee in this state. Within one year after the end of the audit period of the audit, a copy of the audit report shall be filed with the clerk of such city and shall be open to public inspection.
History:
L. 1933, ch. 43, § 6 (Special Session); L. 1945, ch. 117, § 1; L. 1980, ch. 64, § 3; July 1.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1244 Same; limitation.

13-1244.
Same; limitation.
In no case in which revenue bonds are issued under and by virtue of this act shall any revenue bonds be issued for the improvement of any public levee and improvements thereon in excess of the actual cost of same, plus an amount necessary to take up and pay for or make an exchange for any outstanding revenue bonds issued under and by virtue of this act.
History:
L. 1933, ch. 43, § 7 (Special Session); L. 1937, ch. 135, § 2; March 26.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1245 Same; act supplemental.

13-1245.
Same; act supplemental.
The powers herein granted shall be supplemental with relation to the issuance of bonds, to the provisions of K.S.A. 10-102 and 12-673, and not a modification thereof.
History: L. 1933, ch. 43, § 8 (Special Session); November 21.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1246 Retirement pension plan for employees and dependents in cities of more than 120,000 population; agreement.

13-1246.
Retirement pension plan for employees and dependents in cities of more than 120,000 population; agreement.
The governing body of any municipality of the state of Kansas having a population of more than one hundred twenty thousand (120,000) and owning and operating a public utility or utilities is hereby empowered and may at its option enter into an agreement with its employees in said municipally owned public utility or utilities providing for the establishment of a retirement pension plan for the benefit of said employees, their wives and dependents: Provided, That in any municipality of over one hundred twenty thousand (120,000) population where the public utility or utilities are operated, managed, and controlled by a board of public utilities or any other managing board, however designated, such managing board instead of the governing body of the municipality shall be empowered to enter into the agreement and establish the retirement pension plan provided for herein.
History: L. 1939, ch. 122, § 1; L. 1953, ch. 86, § 1; April 13.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1249 Same; rules and regulations.

13-1249.
Same; rules and regulations.
The governing body of any municipality having a population of over 120,000 and owning and operating a public utility or utilities, or any board of public utilities or managing board having the management and control of such utility or utilities, is hereby empowered to adopt such rules and regulations as they shall deem necessary to carry out the intent and purpose of this act.
History:
L. 1939, ch. 122, § 4; April 7.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1250a Federal old-age and survivors insurance for employees in cities of over 120,000 population; referendum.

13-1250a.
Federal old-age and survivors insurance for employees in cities of over 120,000 population; referendum.
The governing body of any municipality having a population of over one hundred twenty thousand (120,000) and owning and operating a public utility or utilities, or any board of public utilities or managing board having the management and control of such utility or utilities is hereby authorized, permitted and empowered, at its option, to extend and provide for its employees, their dependents and survivors, the protection and benefits provided by the old age and survivors insurance system embodied in the social security act of congress approved August 14, 1935, Chapter 531, 49 Stat. 620, officially cited as the "social security act" (including regulations and requirements issued pursuant thereto) as such act has been and may from time to time be amended: Provided, That a majority of the employees in the public utility or utilities by secret written ballot, vote to be included under the provisions of the old age and survivors insurance system of congress which referendum shall be conducted as provided in said federal law by the governor or any agency or individual designated by the governor.
History:
L. 1955, ch. 112, § 1; April 1.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1250b Same; contributions.

13-1250b.
Same; contributions.
The contributions for the cost of the protection which is provided in K.S.A. 13-1250a shall be paid by the employees and utility or utilities in such proportions as required by law and such utility or utilities are authorized to pay its part of the cost thereof from its revenues and may, if necessary, adjust its rates to so provide.
History:
L. 1955, ch. 112, § 2; April 1.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1250c Same; agreements.

13-1250c.
Same; agreements.
Any agreement or agreements necessary to provide for and carry out the provisions of this act may be made by the governing body of any municipality having a population of over one hundred twenty thousand (120,000) and owning and operating a public utility or utilities, or any board of public utilities or managing board having the management and control of such utility or utilities, or by the state.
History:
L. 1955, ch. 112, § 3; April 1.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1252 Revenue bonds for water and electricity in certain cities of more than 120,000 population; definitions.

13-1252.
Revenue bonds for water and electricity in certain cities of more than 120,000 population; definitions.
"Municipality" as used in this act means municipality as defined by K.S.A. 10-101. "Utility" as used in this act means any instrumentality or facility of a revenue-producing character owned and operated by a municipality or operated for such municipality by a board of control or board of public utilities, as provided by law, for use in serving the public with water and electricity. "Revenue bonds" as used in this act means bonds issued by any municipality in this state to be paid exclusively from the revenue derived from the operation of such utility.
History:
L. 1941, ch. 142, § 1; June 30.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1253 Revenue bonds for water and electricity in certain cities of more than 120,000 population; utility rates, fees and charges; refunding revenue bonds.

13-1253.
Revenue bonds for water and electricity in certain cities of more than 120,000 population; utility rates, fees and charges; refunding revenue bonds.
Any municipality, having a population of more than one hundred twenty thousand (120,000) and owning and operating a water and light plant, or operating such plants through a board of public utilities as provided by law, authorized by the laws of the state of Kansas to issue general obligation bonds for the reconstruction, alteration, repair, improvement, extension, or enlargement of any of the utilities mentioned herein is hereby empowered to issue and sell revenue bonds in payment of the cost thereof; to fix by ordinance or resolution such rates, fees or charges for the use thereof or service therefrom as may be reasonable and necessary, and provide for the manner of collecting and disbursing such revenues. Any municipality which has issued or may hereafter issue revenue bonds under the provisions of this section may at any time deemed advisable issue and sell refunding revenue bonds to refund any previous issue or issues or part thereof which are outstanding either at or prior to their maturity. Such refunding revenue bonds shall be issued in the manner prescribed by and subject to the provisions of K.S.A. 10-116a.
History:
L. 1941, ch. 142, § 2; L. 1951, ch. 156, § 1; L. 1975, ch. 96, § 1; L. 1977, ch. 58, § 9; May 18.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1254 Same; revenue fund; use.

13-1254.
Same; revenue fund; use.
Revenues derived from the operation of any water and light utility financed in whole or in part by revenue bonds authorized by this act shall be paid into the treasury of the municipality or into the treasury of its board of public utilities and kept in a separate fund, and shall be used for the purpose of paying the cost of operation, the repair, maintenance, extension, enlargement, alteration, reconstruction and improvement of such utilities and the cost of acquiring, operating and maintaining a municipal airport and paying the principal of, and the interest upon, the revenue bonds issued thereunder. Any surplus may be used to pay the principal of and interest upon any and all general obligation bonds outstanding, issued for the purpose of acquiring, constructing, extending or improving said utilities and the cost of acquiring, maintaining or improving a municipal airport.
History:
L. 1941, ch. 142, § 3; L. 1951, ch. 156, § 2; March 26.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1255 Same; liens on revenues of utility; recitals; negotiability.

13-1255.
Same; liens on revenues of utility; recitals; negotiability.
Such revenue bonds are hereby made a lien on the revenues produced from such utility, but shall not be general obligations of the issuing municipality, and shall not contain the recitals set forth in K.S.A. 10-112, and any amendment thereof, but shall contain recitals stating the authority under which said bonds are issued; that they are issued in conformity with the provisions, restrictions and limitations of that authority, that such bonds and the interest thereon are to be paid by the issuing municipality from the revenues derived from the rates, fees or charges herein mentioned, and not from any other fund or source, that the same have been registered in the offices of the clerk of the issuing municipality and the treasurer of the state of Kansas, respectively, and that said bonds are negotiable.
All such bonds, when registered and issued as herein provided, shall import absolute verity and shall be conclusive, in favor of all persons purchasing said bonds, that all proceedings and conditions precedent have been had and performed to authorize the issuance thereof, and such bonds shall be negotiable and may be issued in addition to the statutory limit of bonded indebtedness of the issuing municipality. No municipality shall have authority to levy taxes to pay the principal of or interest upon revenue bonds issued under the terms of this act, and the provisions of K.S.A. 10-113 shall not apply to bonds issued hereunder.
History:
L. 1941, ch. 142, § 4; June 30.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1257 Revenue bonds for water and electricity in certain cities; terms; limitation.

13-1257.
Revenue bonds for water and electricity in certain cities; terms; limitation.
Revenue bonds issued under the terms of this act shall mature not more than forty years after the date of their issuance. Said bonds shall be sold in such manner as the city determines and shall bear interest at a rate not to exceed the maximum rate of interest prescribed by K.S.A. 10-1009, payable in the manner determined by the city. The total amount of bonds which may be issued under the terms of this act shall not exceed the cost of the project.
History:
L. 1941, ch. 142, § 6; L. 1951, ch. 156, § 3; L. 1970, ch. 64, § 26; L. 1978, ch. 99, § 16; L. 1980, ch. 72, § 13; April 14.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1258 Same; payment of bonds; rates, fees or charges; covenants, agreements and restrictions.

13-1258.
Same; payment of bonds; rates, fees or charges; covenants, agreements and restrictions.
Provisions shall be made, by appropriate enactment by the governing body of such municipalities or, where such water and light plants are under the control and the management of the board of public utilities, by the board, pursuant to the direction of the city, for the payment of the bonds; and it shall be the duty of the governing body of the city or the board, as the case may be, to fix rates, fees, or charges for the use or services rendered by such utility or utilities, which rates, fees or charges shall be sufficient to pay the cost of operation, repair, maintenance, extension, enlargement, alteration, reconstruction and improvement of such utility and pay the principal of, and interest upon, the revenue bonds when due.
The ordinance or resolution of any municipality authorizing the issuance of revenue bonds provided for in this section may contain such other covenants, agreements and restrictions as may be deemed necessary or advisable by the body enacting the ordinance or resolution to insure the payment of the revenue bonds authorized and issued hereunder, but in no event shall the holder of such revenue bonds have a lien upon the tangible property constituting the utility or utilities, nor shall the operation, management, or control of such utility be taken from such municipality or its board.
History:
L. 1941, ch. 142, § 7; L. 1951, ch. 156, § 4; L. 1980, ch. 72, § 14; April 14.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1259 Same; issuance of bonds; publication notice; protest; election.

13-1259.
Same; issuance of bonds; publication notice; protest; election.
The governing body of any municipality, by a two-thirds vote thereof, or where the utilities are under the control and management of a board of public utilities, the board by a three-fifths vote thereof, may contract for or make repairs, extensions, reconstruction, alteration, improvements or enlargements of its municipally owned water and light utilities and issue or request the issuance of revenue bonds for the cost thereof without submitting to a vote of such municipality the proposal to contract for or make such repairs, extensions, reconstruction, alteration, improvements or enlargements, and to issue revenue bonds as provided for herein in payment of the cost thereof. Before contracting for or making any such repairs, extensions, reconstruction, alteration, improvements or enlargements, to be paid for by revenue bonds, the governing body of such municipality shall cause to be published in the official paper of the municipality, a notice of its intention to do so, which notice shall describe the nature of the proposed repairs, extensions, reconstruction, alteration, improvements or enlargements, state the total amount of the cost thereof, and the amount of the revenue bonds proposed to be issued in payment thereof.
If within fifteen days after the publication, as aforesaid, of such notice, there shall be filed with the clerk of such municipality a written protest against such repairs, extensions, reconstruction, alteration, improvements or enlargements, and such bond issue, signed by not less than twenty percent of the qualified electors of such municipality, the governing body thereof shall thereupon submit such proposed project and proposed bond issue to the qualified electors of such municipality at a special election to be called for that purpose, upon at least ten days' notice, to be held not later than fifteen days after the filing of such protest, or at a regular city election or general election which will occur not sooner than fifteen days nor later than sixty days after the filing of such protest. In the event a majority of such electors voting on such proposition at such election shall vote in favor thereof, such repairs, extensions, reconstruction, alteration, improvements or enlargements, shall be made, and the revenue bonds may be issued in payment of the cost thereof.
History:
L. 1941, ch. 142, § 8; L. 1951, ch. 156, § 5; L. 1980, ch. 72, § 15; April 14.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1260 Same; issuance of bonds; duties of city officers; election; expenses.

13-1260.
Same; issuance of bonds; duties of city officers; election; expenses.
In municipalities of the class provided for herein, if the water and light plants thereof are under the control and management of a board of public utilities as provided by law, when three-fifths of the board shall deem it necessary and expedient that revenue bonds be issued for any of the purposes provided for herein, it shall be the duty of the governing body of such city within ten days after receiving written request from the board to take the necessary steps to determine the necessity for the issuance of such revenue bonds and the governing body of such city may issue and sell such bonds as it determines necessary, the proceeds thereof to be delivered to the treasurer of the board of public utilities.
Where it is necessary to hold an election to submit the question of the issuing of such revenue bonds to the qualified electors of the municipality, such elections shall be held in accordance with the provisions herein and the general obligation bond election laws of the state of Kansas where applicable, and the cost thereof, if held on dates other than the dates of the regular city election, or general election, shall be paid by the board.
History:
L. 1941, ch. 142, § 9; L. 1980, ch. 72, § 16; April 14.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1261 Same; repairs and improvements of utility; compliance with federal acts or rules.

13-1261.
Same; repairs and improvements of utility; compliance with federal acts or rules.
The governing body of such city, or where there is a board of public utilities having daily operational control of the water and light plants, then the board, is hereby authorized in its discretion to contract for and construct such repairs, extensions, reconstruction, alteration, improvements or enlargements of such utilities in accordance with the provisions and requirements of any federal act applicable thereto, and rules promulgated thereunder, and to use any fund that may be available for such construction in such manner as will comply with the provisions of any such act and rules promulgated thereunder, including any grant or grants of money therein provided, and to do all other acts and things necessary to be done in order to comply with the provisions of any such federal act and rules promulgated thereunder.
History:
L. 1941, ch. 142, § 10; L. 1951, ch. 156, § 6; L. 1980, ch. 72, § 17; April 14.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1263 Same; act supplemental.

13-1263.
Same; act supplemental.
The power herein granted to issue bonds shall be supplemental to and not amendatory of the provisions of K.S.A. 10-102.
History:
L. 1941, ch. 142, § 12; June 30.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1264 Same; invalidity of part.

13-1264.
Same; invalidity of part.
If any provision contained in this act shall for any reason be held invalid, it shall not affect the remainder of this act; and this act shall remain in force and effect the same as if such part held to be invalid had not been included therein.
History:
L. 1941, ch. 142, § 13; June 30.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1269 Certain cities of more than 100,000 population; transfer of revenues to certain other funds; adjustment of rates.

13-1269.
Certain cities of more than 100,000 population; transfer of revenues to certain other funds; adjustment of rates.
All cities of the first class of the state of Kansas having a population of more than 100,000 inhabitants, which own, manage, operate and control a municipal electric-light plant and a municipal water plant and which are producing and distributing water, light, heat and power for domestic, industrial, commercial or municipal purposes within or without or within and without the corporate limits of said cities, are hereby empowered to place in the funds used for governmental functions of said cities, at a specified time a certain percentage of the gross operating revenue of said enumerated utilities, or either of them, as hereinafter directed: Provided, That such cities, if necessary, may adjust their utility rates in order to carry out the provisions of this act or where these utilities are managed, operated and controlled by a board of public utilities, or other managing boards, these boards shall have the power to adjust the rates.
History:
L. 1945, ch. 129, § 1; March 24.
2023 Kansas Statutes › Chapter 13 - Cities Of The First Class › Article 12 - Public Utilities › 13-1270 Same; utilities having bonded indebtedness.

13-1270.
Same; utilities having bonded indebtedness.
The above power of cities to transfer funds from the gross operating revenue of the utilities, as conferred by this act, shall be exercised only as to such of their utilities, as have no general obligation bonded indebtedness. Any city or the board of public utilities or other managing boards of any city, where the utilities above mentioned are managed, operated and controlled by such boards, may place in their appropriate sinking funds from time to time sufficient moneys to pay the outstanding general obligation bonded indebtedness against the utility, including interest as such indebtedness matures. When this is done, funds from the gross operating revenue of the utility or utilities may be transferred in like manner as when the utility or utilities are free from general obligation bonded indebtedness.
History:
L. 1945, ch. 129, § 2; L. 1980, ch. 72, § 18; April 14.