Session Law

Identifying Information:L. 2003 ch. 078
Other Identifying Information:2003 House Bill 2003*
Tax Type:Other
Brief Description:An Act concerning certain rural water districts; providing procedures for acquisition of such districts' water supply and distribution systems by certain municipalities.
Keywords:


Body:

CHAPTER 78

HOUSE BILL No. 2003*


An Act concerning certain rural water districts; providing procedures for acquisition of

such districts' water supply and distribution systems by certain municipalities.

Be it enacted by the Legislature of the State of Kansas:

Section 1. (a) The board of directors of any rural water district or-

ganized under K.S.A. 82a-612 et seq., and amendments thereto, and the

governing body of any municipality which adjoins such district may enter

into an agreement for the acquisition of such district's water supply and

distribution system by such municipality and the assumption of water

service by such municipality to the customers of such district upon the

terms of such agreement and the provisions of this act.

(b) Any agreement pursuant to the provisions of this act may provide,

but not necessarily be limited to, terms and conditions for: (1) The trans-

fer to the municipality of control and ownership of the district's water

supply and distribution system, including all property, equipment, re-

cords, reports and funds; (2) continued service, at an agreed upon rate,

by the municipality to customers served by such system; (3) assumption

of all or part of the revenue bond liability or other outstanding obligations

of the district; and (4) establishment of a policy for connecting new cus-

tomers to the water supply and distribution system.

(c) An agreement entered into pursuant to this act shall not take

effect until: (1) The board of directors of the rural water district and the

governing body of the municipality each adopts a resolution approving

such agreement; (2) a copy of the agreement is filed for public inspection

in the office of the county clerk of each county where there is located

any portion of the area served by the rural water district; (3) the board

of directors of the rural water district causes notice of the approval of the

agreement, the reasons therefor and a copy of the agreement to be mailed

to each participating member of the district; (4) the board of directors

causes to be published once in a newspaper or newspapers of general

circulation in the areas served by the district's water supply and distri-

bution system notice of the approval of the agreement and the reasons

therefor, together with a statement that the proposed agreement shall

take effect unless there is presented to the board of directors of the rural

water district a petition as provided by subsection (d); and (5) if a petition

is presented as provided by subsection (d), a majority of the participating

members of the district approve the agreement as provided by subsection

(d).

(d) If, within 60 days after publication of notice pursuant to subsec-

tion (c), there is presented to the board of directors of the rural water

district board a written petition which is signed by participating members

of the rural water district equal in number to not less than 10% of the

total number of participating members of the district according to the

records of the district and requests an election on whether the agreement

shall take effect, the board of directors of the rural water district shall call

an election on the approval of such agreement. The election may be held

at a meeting called for that purpose or may be by mail ballot, or both.

The agreement shall not take effect unless approved by a majority of the

participating members voting at the election to approve the agreement.

Each participating member shall be entitled to a single vote, regardless

of the number of benefit units to which such member has subscribed.

(e) Notwithstanding the provisions of subsections (b) and (c), no

agreement made pursuant to this section shall become effective unless

prior to entering into such agreement, the rural water district purchases

from the municipality the water distributed by such district.

(f) Notwithstanding the provisions of K.S.A. 82a-629, and amend-

ments thereto, a rural water district shall be dissolved whenever the dis-

trict enters into an agreement pursuant to this section and the agreement

provides for: (1) Total transfer of the district's water supply and distri-

bution district and all other assets of the district; (2) continuation of water

supply and distribution service to all customers of the district; (3) as-

sumption of all revenue bond liability and all other obligations of the

district; and (4) a policy for connecting new customers to the water supply

and distribution system.

Sec. 2. This act shall take effect and be in force from and after its

publication in the Kansas register.

Approved April 16, 2002.

Published in the Kansas Register April 24, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003