As Amended by Senate Committee
[As Amended by House Committee of the
Whole]
Session of 1999
Substitute for House Bill No. 2505
By Committee on Local Government
3-19
11 AN ACT
concerning sewer districts; relating to the governing
body
12 thereof and
the powers and duties thereof; amending K.S.A. 1998
13 Supp. 19-101a
and repealing the existing section; also repealing
K.S.A.
14 1998 Supp.
19-101i.
15 [AN ACT
concerning certain special benefit districts;
relating to
16 the
formation thereof; relating to the transfer of
territory
17 thereof;
amending K.S.A. 1998 Supp. 19-101a and repealing
the
18 existing
section; also repealing K.S.A. 1998 Supp. 19-101i
rural
19 water districts;
relating to the release of land from districts.]
20
21 Be it enacted by the Legislature of the
State of Kansas:
22 New
Section 1. (a) When used in this section, "county" means
Mont-
23 gomery county.
24
(b) Whenever a petition signed by the owners of at least 51%
of the
25 land in a sewer district
requesting a board of directors be elected to
26 govern such sewer district, the
board of county commissioners shall call
27 and hold a meeting to conduct
such election as provided by this section.
28 Notice of such hearing and
election shall be published in a newspaper of
29 general circulation in the
county at least 10 days prior to the date of the
30 hearing and election. At the
time and place set out in the notice of hear-
31 ing, the owners of land within
any such district shall select from their
32 number a board of directors. The
number of members on the board, not
33 to exceed nine, shall be
determined by majority vote of those owners of
34 land present.
35
(c) Within seven days after the election of the board,
proposed bylaws
36 shall be submitted for adoption
at a meeting of owners of land located
37 within the district, notice of
which shall be given to each such landowner
38 as provided in subsection (a).
Those owners of land located within the
39 district present at such special
meeting may adopt and amend any of such
40 proposed bylaws and may propose
and adopt additional or other bylaws.
41 Such bylaws may be amended at
any annual or special meeting of the
42 owners of land within the
district.
43
(d) The board of directors shall be the governing body of the
district
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2
1 and shall meet at least
monthly and at such other times as may be deter-
2 mined by the board or upon
the call of the chairperson or any two mem-
3 bers of the board.
Vacancies on the board shall be filled for the
unexpired
4 term, and until such
appointee's successor is elected and has
qualified,
5 by appointment by the
remaining members of the board. The board shall
6 adopt such rules and
regulations in conformity with the provisions of
7 section 2, and amendments
thereto, and the bylaws of the district as are
8 deemed necessary for the
conduct of the business of the district.
9 New
Sec. 2. The board of directors of a sewer district
elected pur-
10 suant to section 1, and
amendments thereto, shall have the power to:
11
(a) Create, construct, reconstruct, extend, enlarge, operate
and main-
12 tain a sewer system in the sewer
district;
13
(b) sue and be sued;
14
(c) enter contracts;
15
(d) join sewer districts;
16
(e) acquire any real or personal property necessary to provide
an ad-
17 equate sewage
system;
18
(f) improve sewers and appurtenances thereof, through, under
or
19 along any street, public
highway, alley or park and across any land within
20 the county and to a connection
with any creek, ravine, river or any other
21 place within 10 miles of the
district;
22
(g) construct, extend, enlarge, improve, operate and maintain
sewage
23 disposal plants at any point
along or near the line of the sewer;
24
(h) acquire, by contract or purchase, rights-of-way or any
other in-
25 terests in sewers, sewage plants
or other means of disposal of sanitary
26 sewage, either within or outside
the state, in the manner and on the terms
27 the governing body deems
advisable;
28
(i) issue permits to any individual or corporation to build
any sewers
29 in any lateral or joint sewer
district under plans and specifications and
30 under terms approved by the
governing body and under its inspection.
31 The cost of the construction
shall be borne entirely by the person or
32 corporation contracting for the
improvements; and governing the oper-
33 ation and transaction of
business of sewer districts;
34
(j) create lateral sewer districts and assess the cost thereof
against the
35 owner of the property benefited
or against the maintenance budget of
36 the main sewer
district;
37
(k) dissolve any lateral sewer district in the main sewer
district. The
38 property located within the
lateral district may be included in one or more
39 other lateral sewer
districts;
40
(l) create an area-wide sewage disposal district, for the
elimination or
41 prevention of pollution of the
waters of the state in any drainage area, to
42 be served by a single sewage
system;
43 (m)
(1) adopt any rule, regulation, standard, limitation or
require-
Sub. for HB 2505--Am. by S
3
1 ment which is necessary to
provide for the efficient and economical op-
2 eration of the sewer
system. Except as otherwise provided by this
section,
3 the violation of any rule,
regulation, standard, limitation or requirement
4 shall be punishable by a
penalty not to exceed $500. The governing body
5 shall have the authority
to maintain special proceedings or civil actions
in
6 any court of competent
jurisdiction for the purpose of enforcing or pre-
7 venting the violation
thereof and to abate nuisances maintained in
viola-
8 tion
thereof;
9
(2) if any industrial user neglects, fails or refuses to
comply with any
10 rule, regulation, standard,
limitation or requirement adopted pursuant to
11 this section, in addition to any
other remedy provided by statute or com-
12 mon law, the governing body is
hereby authorized after notice and op-
13 portunity for a hearing, to
refuse the discharge of wastewater from the
14 premises of the industrial user
and to take any action necessary to prevent
15 violating discharges by the
industrial user from the sewage system until
16 the time the violations cease
and are corrected. The governing body may
17 condition the use of the sewage
system upon the terms that are deter-
18 mined to ensure that successive
violations do not occur. The governing
19 body is hereby authorized, after
notice and an opportunity for hearing,
20 to assess a penalty against the
industrial user in an amount not to exceed
21 $500 for the first violation and
in an amount not to exceed $5,000 for the
22 second violation and in an
amount not to exceed $10,000 for the third
23 and each successive violation.
For the purposes of this subsection, each
24 day of violation after notice
and a reasonable time to cease or correct the
25 violation shall be considered a
separate and successive violation;
26 (3) if
the governing body determines any violation by an
industrial
27 user of any rule, regulation,
standard, limitation or requirement poses a
28 threat or danger to the public
health, safety or welfare or to the proper
29 operation of the sewage system,
the governing body is hereby authorized
30 to take immediate and effective
emergency action to issue or obtain any
31 preliminary injunctive relief,
without notice or hearing, to prevent the
32 discharge of the wastewater
creating the threat or danger;
33 (4) if
the governing body finds any violation by an industrial user
of
34 any rule, regulation, standard,
limitation or requirement, after notice and
35 opportunity for hearing, to be
intentional, willful, and knowingly in vio-
36 lation or with reckless
disregard thereof, the governing body is hereby
37 authorized to refuse any future
discharge of wastewater from the violating
38 industrial user and to prevent
violating discharges by the industrial user
39 into the sewage system of the
sewer district. The governing body is hereby
40 authorized to assess a civil
penalty upon the violating industrial user in
41 an amount not to exceed
$10,000;
42 (5) if
the governing body finds any violation by an industrial user
of
43 any rule, regulation, standard,
limitation or requirement, after notice and
Sub. for HB 2505--Am. by S
4
1 opportunity for hearing,
to have directly caused or contributed to any
2 actual detriment to the
public health, safety or welfare or to have
directly
3 caused or contributed to
any damage to the sewage system or treatment
4 process and that the
industrial user knew or should have known that its
5 violation could cause
those effects, the governing body is hereby
author-
6 ized to assess against the
industrial user a civil penalty in an amount not
7 to exceed $10,000 or to
collect from the industrial user the actual
damages
8 caused by the violation,
whichever is greater;
9
(6) whenever the governing body takes any action to prevent
violating
10 discharges into the sewage
system of the sewer district, the governing
11 body is hereby authorized to
assess against the violator all costs of such
12 action;
13
(7) all penalties, damages and costs assessed or awarded
pursuant to
14 the authority of this subsection
shall be a lien upon the property of the
15 violator from the date assessed
or awarded until the date fully paid. All
16 proceeds received or collected
from fines, penalties, damages or costs
17 shall be used by the governing
body first to defray the costs of adminis-
18 tering any rule, regulation,
standard, limitation or requirement adopted
19 pursuant to this section and
then to defray the costs of any repairs, re-
20 placements, maintenance or
reconstruction necessitated by violations
21 thereof, and then to defray the
general operation and maintenance costs
22 of the sewer
district;
23
(n) take any action necessary to prevent, control, reduce and
elimi-
24 nate water pollution in order to
comply with the clean water act, 33 U.S.C.
25 1251
et seq., and amendments
thereto; and
26
(o) take any action consistent with the provisions of this act
for the
27 safe, proper and economical
operation of any sewer district.
28 New
Sec. 3. (a) The board of county commissioners of
Montgomery
29 county shall create a sewer
district whenever a petition requesting the
30 creation of a sewer district
signed by the owners of at least 51% of the
31 acreage of the land in the
proposed district is presented to the board.
32 The petition shall
state:
33
(1) The boundaries of the improvement
district;
34
(2) the nature of the improvement;
35
(3) the estimated cost of the improvement;
36
(4) the proposed method of assessment; and
37
(5) whether the district shall be governed by the board of
county
38 commissioners or a board of
directors elected pursuant to section 1, and
39 amendments
thereto.
40 The
petition also shall state that all costs and expenses of the
work,
41 including preliminary planning,
engineering, legal and other preliminary
42 work of skilled persons shall be
assessed against the property of persons
43 signing such petition. Any
person signing the petition who desires to with-
Sub. for HB 2505--Am. by S
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1 draw such person's name
may do so by giving written notice to the county
2 clerk on or before the
date of the hearing on the petition. The petition
3 shall be null and void
after a period of two years from the date of the
4 first signature on the
petition.
5
(b) If a petition filed pursuant to this section requests that
the sewer
6 district be governed by a
board of directors, the board of county com-
7 missioners shall call and
hold a meeting to conduct the election of a board
8 of directors in the manner
provided by section 1, and amendments
9 thereto.
10 (c) If
a petition filed pursuant to this section requests that the
sewer
11 district be governed by the
board of county commissioners. The board
12 shall have the same powers and
duties prescribed by K.S.A. 19-27a01
et
13
seq., and amendments
thereto.
14 New
Sec. 4. Nothing in this act shall be construed as
precluding the
15 formation of sewer districts in
Montgomery county in the manner pro-
16 vided by K.S.A.
19-27a01 et
seq., and amendments
thereto.
17 Sec.
5. K.S.A. 1998 Supp. 19-101a is hereby amended to read
as
18 follows: 19-101a. (a) The board
of county commissioners may transact all
19 county business and perform all
powers of local legislation and adminis-
20 tration it deems appropriate,
subject only to the following limitations,
21 restrictions or
prohibitions:
22
(1) Counties shall be subject to all acts of the legislature
which apply
23 uniformly to all
counties.
24
(2) Counties may not consolidate or alter county
boundaries.
25
(3) Counties may not affect the courts located
therein.
26
(4) Counties shall be subject to acts of the legislature
prescribing
27 limits of
indebtedness.
28 (5) In
the exercise of powers of local legislation and
administration
29 authorized under provisions of
this section, the home rule power con-
30 ferred on cities to determine
their local affairs and government shall not
31 be superseded or impaired
without the consent of the governing body of
32 each city within a county which
may be affected.
33
(6) Counties may not legislate on social welfare administered
under
34 state law enacted pursuant to or
in conformity with public law No. 271--
35 74th congress, or amendments
thereof.
36
(7) Counties shall be subject to all acts of the legislature
concerning
37 elections, election
commissioners and officers and their duties as
such
38 officers and the election of
county officers.
39
(8) Counties shall be subject to the limitations and
prohibitions im-
40 posed under K.S.A. 12-187 to
12-195, inclusive, and amendments thereto,
41 prescribing limitations upon the
levy of retailers' sales taxes by counties.
42
(9) Counties may not exempt from or effect changes in statutes
made
43 nonuniform in application solely
by reason of authorizing exceptions for
Sub. for HB 2505--Am. by S
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1 counties having adopted a
charter for county government.
2
(10) No county may levy ad valorem taxes under the authority
of this
3 section upon real property
located within any redevelopment area estab-
4 lished under the authority
of K.S.A. 12-1772, and amendments thereto,
5 unless the resolution
authorizing the same specifically authorized a
por-
6 tion of the proceeds of
such levy to be used to pay the principal of and
7 interest upon bonds issued
by a city under the authority of K.S.A. 12-
8 1774, and amendments
thereto.
9
(11) Counties shall have no power under this section to exempt
from
10 any statute authorizing or
requiring the levy of taxes and providing sub-
11 stitute and additional
provisions on the same subject, unless the
resolution
12 authorizing the same
specifically provides for a portion of the
proceeds
13 of such levy to be used to pay a
portion of the principal and interest on
14 bonds issued by cities under the
authority of K.S.A. 12-1774, and amend-
15 ments thereto.
16
(12) Counties may not exempt from or effect changes in the
provi-
17 sions of K.S.A. 19-4601 to
19-4625, inclusive, and amendments thereto.
18
(13) Except as otherwise specifically authorized by K.S.A.
12-1,101
19 to 12-1,109, inclusive, and
amendments thereto, counties may not levy
20 and collect taxes on incomes
from whatever source derived.
21
(14) Counties may not exempt from or effect changes in K.S.A.
19-
22 430, and amendments thereto. Any
charter resolution adopted by a
23 county prior to July 1, 1983,
exempting from or effecting changes in
24 K.S.A. 19-430, and amendments
thereto, is null and void.
25
(15) Counties may not exempt from or effect changes in K.S.A.
19-
26 302, 19-502b, 19-503, 19-805 or
19-1202, and amendments thereto.
27
(16) Counties may not exempt from or effect changes in K.S.A.
13-
28 13a26, and amendments thereto.
Any charter resolution adopted by a
29 county, prior to the effective
date of this act, exempting from or effecting
30 changes in K.S.A. 13-13a26, and
amendments thereto, is null and void.
31
(17) Counties may not exempt from or effect changes in K.S.A.
71-
32 301, and amendments thereto. Any
charter resolution adopted by a
33 county, prior to the effective
date of this act, exempting from or effecting
34 changes in K.S.A. 71-301, and
amendments thereto, is null and void.
35
(18) Counties may not exempt from or effect changes in K.S.A.
19-
36 15,139, 19-15,140 and 19-15,141,
and amendments thereto. Any charter
37 resolution adopted by a county
prior to the effective date of this act,
38 exempting from or effecting
changes in such sections is null and void.
39
(19) Counties may not exempt from or effect changes in the
provi-
40 sions of K.S.A. 12-1223,
12-1225, 12-1225a, 12-1225b, 12-1225c and 12-
41 1226, and amendments thereto, or
the provisions of K.S.A. 1998 Supp.
42 12-1260 to 12-1270, inclusive,
and amendments thereto, and 12-1276,
43 and amendments
thereto.
Sub. for HB 2505--Am. by S
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1
(20) Counties may not exempt from or effect changes in the
provi-
2 sions of K.S.A. 19-211,
and amendments thereto.
3
(21) Counties may not exempt from or effect changes in the
provi-
4 sions of K.S.A. 19-4001 to
19-4015, inclusive, and amendments thereto.
5
(22) Counties may not regulate the production or drilling of
any oil
6 or gas well in any manner
which would result in the duplication of reg-
7 ulation by the state
corporation commission and the Kansas department
8 of health and environment
pursuant to chapter 55 and chapter 65 of the
9 Kansas Statutes Annotated
and any rules and regulations adopted pur-
10 suant thereto. Counties may not
require any license or permit for the
11 drilling or production of oil
and gas wells. Counties may not impose any
12 fee or charge for the drilling
or production of any oil or gas well.
13
(23) Counties may not exempt from or effect changes in K.S.A.
79-
14 41a04, and amendments
thereto.
15
(24) Counties may not exempt from or effect changes in K.S.A.
79-
16 1611, and amendments
thereto.
17
(25) Counties may not exempt from or effect changes in K.S.A.
79-
18 1494, and amendments
thereto.
19
(26) Counties may not exempt from or effect changes in
subsection
20 (b) of K.S.A. 19-202, and
amendments thereto.
21
(27) Counties may not exempt from or effect changes in
subsection
22 (b) of K.S.A. 19-204, and
amendments thereto.
23
(28) Counties may not levy or impose an excise, severance or
any
24 other tax in the nature of an
excise tax upon the physical severance and
25 production of any mineral or
other material from the earth or water. Any
26 resolution adopted by any county
prior to the effective date of this act
27 imposing or levying any such tax
is null and void.
28
(29) Counties may not exempt from or effect changes in K.S.A.
79-
29 2017 or 79-2101, and amendments
thereto. Any charter resolution
30 adopted prior to the effective
date of this act, which affected the provi-
31 sions of K.S.A. 79-2017 or
79-2101, and amendments thereto, is hereby
32 declared to be null and
void.
33
(30) Counties may not exempt
from or effect changes in K.S.A. 2-
34 3302, 2-3305, 2-3307,
17-5904, 17-5908, 47-1219 or 65-171d or K.S.A.
35 1998 Supp. 2-3318, 17-5909 or
65-1,178 through 65-1,199, and amend-
36 ments
thereto.
37
(31) Counties may not exempt from or effect changes in
sections 1
38 through 4, and amendments
thereto.
39
(b) Counties shall apply the powers of local
legislation granted in
40 subsection (a) by resolution of
the board of county commissioners. If no
41 statutory authority exists for
such local legislation other than that set forth
42 in subsection (a) and the local
legislation proposed under the authority
43 of such subsection is not
contrary to any act of the legislature, such local
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1 legislation shall become
effective upon passage of a resolution of the
2 board and publication in
the official county newspaper. If the legislation
3 proposed by the board
under authority of subsection (a) is contrary to
an
4 act of the legislature
which is applicable to the particular county but
not
5 uniformly applicable to
all counties, such legislation shall become effec-
6 tive by passage of a
charter resolution in the manner provided in
K.S.A.
7 19-101b, and amendments
thereto.
8 [New
Sec. 6.
1. (a) As an alternative to the procedure
con-
9 tained in K.S.A. 82a-630, and
amendments thereto, the owners of
10 land located in a rural water district
who desire for their land to
11 be released from such district and
attached to a different district
12 may proceed in accordance with this
section. A petition to release
13 such land shall be filed with the board
of directors of the district
14 in which such land is located. The
petition shall:
15 [(1) Describe
the land sought to be released;
16 [(2) state the
name and number of the rural water district to
17 which the owners seek to have such land
attached; and
18 [(3) state
that such release is sought conditioned upon the at-
19 tachment thereof by such other rural
water district.
20 [Such petition
shall be signed by at least 75% of the owners of
21 the land affected. The ownership shall
be determined by an enu-
22 meration of landowners taken from the
tax rolls of the county in
23 which the land is located.
24 [Within 30 days of
receipt of such petition the board of directors
25 of the district shall call and hold a
hearing on the advisability of
26 granting such petition. The board shall
give notice of such hearing
27 in the same manner provided by K.S.A.
82a-640, and amendments
28 thereto. On the date of such hearing,
the board shall approve or
29 disapprove such release based on its
determination of the best in-
30 terests of the district and the
petitioning landowners.
31 [(b) Following
approval of such petition for release, a petition
32 for attachment of such lands shall be
filed with the board of direc-
33 tors of the district to which such land
is sought to be attached. The
34 petition shall:
35 [(1) Describe
the land sought to be attached;
36 [(2) request
that the owners thereof seek to have such land
37 attached to the district; and
38 [(3) have
attached to it a copy of the approval of release of such
39 land by the board of directors of the
district in which such land
40 was conditionally released. Such
petition shall be signed by at least
41 75% of the owners of the land affected.
Ownership shall be deter-
42 mined by an enumeration of landowners
taken from the tax rolls
43 of the county in which the land is
located.
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1 [Within 30
days of receipt of such petition the board of directors
2 of the district shall call and
hold a hearing on the advisability of
3 granting such petition. Notice of
such hearing shall be provided in
4 the manner provided by K.S.A.
82a-640, and amendments thereto,
5 by the board of directors. On the
date of such hearing, the board
6 shall approve or disapprove such
attachment based on its deter-
7 mination of the best interests of
the district and the petitioning
8 landowners. If the board does not
approve of such attachment, it
9 shall notify the district from
which release had been sought, which
10 district shall then declare such release
to be void.
11 [(c) If the
district to which release is sought approves of the
12 release of such lands and the district
to which attachment is sought
13 approves of attachment of such lands,
copies of the approval of
14 such action by the boards of directors
of each district shall be trans-
15 mitted to the chief engineer. Copies
also shall be filed with the
16 county clerk, who shall note the change
of such district's
17 boundaries.
18 [(d) Nothing
in this section shall be construed as limiting land-
19 owners from using the procedures for
attachment or release of
20 property otherwise provided in K.S.A.
82a-622 et seq., and amend-
21 ments thereto.]
22 Sec.
6.
[7.] K.S.A. 1998
Supp. 19-101a and 19-101i are hereby
23 repealed.
24 Sec.
7. [8.]
2. This act shall take effect and be in force
from and after
25 its publication in the statute book.