CHAPTER 111 HOUSE BILL No. 2369* An Act concerning cities and counties; relating to the powers and duties of the governing bodies thereof. Be it enacted by the Legislature of the State of Kansas:

      Section  1. (a) As used in sections 1 and 2, and amendments thereto:

      (1) ``City'' means any city.

      (2) ``County'' means any county.

      (3) ``Governing body'' means the governing body of any city and the
board of county commissioners of any county.

      (4) ``Paving material'' means crushed rock, asphalt, gravel, aggregate
sand or other materials used to pave roads, streets and drives.

      (b) Except as provided in subsection (c), the governing body of any
city or county shall not sell or otherwise provide paving material to any
private person or private entity.

      (c) The provisions of subsection (b) shall not apply if the governing
body has:

      (1) Made a determination that such paving materials are not readily
available from a nongovernmental entity; or

      (2) adopted a resolution declaring the existence of a disaster, emer-
gency or the threat of disaster or emergency.

      Sec.  2. The governing body of any city or county is hereby authorized
to establish or participate in the mining or manufacturing of paving ma-
terials for the use of such city or county. Establishment of or participation
in any such mining or manufacturing operation shall not occur unless:

      (a) Prior to the establishment of or participation in any such mining
or manufacturing operation, the governing body shall hold a public hear-
ing to consider the merits of the proposed mining or manufacturing op-
eration;

      (b) notice of such public hearing has been published in both the Kan-
sas Register and a newspaper having general circulation in the city or
county in which such proposed mining or manufacturing operation is to
be established or participated in not less than 20 days prior to the date
of such public hearing; and

      (c) the governing body shall notify any city or county resident or tax-
payer, as determined by such city or county's vendor list, who customarily
provides construction materials, of the date, time and location of such
public hearing. Such notification shall be made by mail not less than 20
days prior to the date of such hearing.

      The provisions of this section shall not apply to any existing operation
of mining or manufacturing paving materials which was established or
participated in by the governing body of any city or county prior to the
effective date of this act.

 Sec.  3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 16, 2001.
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