CHAPTER 13 HOUSE BILL No. 2073 An Act concerning cities and counties; relating to storm drainage improvements; amending
K.S.A. 12-631r and 12-631s and repealing the existing sections. Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 12-631r is hereby amended to read as follows: 12-
631r. (a) Whenever it shall be the judgment of the governing body of any
city that determines it is necessary to build and construct storm sewers,
channels, retention basins or drains for the purpose of carrying off storm
water from the streets, avenues and alleys managing the storm drainage
areas of all or any portion of such city it shall, by ordinance, order and
provide for and in the unincorporated areas outside of but within three
miles of the corporate limits of such city, the governing body may au-
thorize the construction of such storm sewers, channels, retention basins
or drains to be constructed, and it shall in. Such construction shall be
authorized by ordinance. Such ordinance shall designate where such
storm sewers, channels, retention basins or drains shall commence and
outline the same to the point or points of outlet or escape be located.
Construction of such improvements located outside the corporate limits
of a city shall not commence unless such construction is approved by a
resolution adopted by the board of county commissioners of the county
in which such improvements are to be located.

      (b) Whenever the governing body of any city determines it is nec-
essary to construct storm sewers, retention basins, channels or drains for
the purpose of managing the storm drainage areas of all or any portion
of which are located within another city, the governing body may au-
thorize construction of such storm sewers, retention basins, channels or
drains. Such construction shall be authorized by ordinance. Such ordi-
nance shall designate where such storm sewers, retention basins, channels
or drains shall be located. Construction of improvements located within
the corporate limits of another city shall not commence unless such con-
struction is approved by a resolution adopted by the governing body of
the city in which such improvements are to be located.

      (c) Whenever the board of county commissioners of any county de-
termines it is necessary to construct storm sewers, retention basins, chan-
nels or drains for the purpose of managing the storm drainage areas of
all or any portion of such county, the board may authorize construction
of such storm sewers, retention basins, channels or drains. Such construc-
tion shall be authorized by resolution. Such resolution shall designate
where such storm sewers, retention basins, channels or drains shall be
located. Construction of improvements located within the corporate limits
of a city shall not commence unless such construction is approved by a
resolution adopted by the governing body of the city in which such im-
provements are to be located.

      Sec.  2. K.S.A. 12-631s is hereby amended to read as follows: 12-631s.
For the purpose of making such constructing improvements authorized
by K.S.A. 12-631r, and amendments thereto, the governing body of said
cities the city and the board of county commissioners of the county con-
structing such improvements shall be the sole judge of the expediency of
making said improvements provided for herein, and in the issuance of
said necessity for such improvements and the issuance of general obliga-
tion bonds in payment therefor. 
Sec.  3. K.S.A. 12-631r and 12-631s are hereby repealed.
 Sec.  4. This act shall take effect and be in force from and after its
publication in the statute book.

Approved March 19, 1999.
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