Kansas Statutes
Article 8 - Public Utilities
12-8,103 Revenue bonds and notes; authorized terms of security agreement.

12-8,103. Revenue bonds and notes; authorized terms of security agreement. The resolution, trust indenture or other security agreement under which any bonds or notes are issued shall constitute a contract with the holders of the bonds or notes, and may contain provisions, among other, prescribing:
(a) The terms and provisions of the bonds or notes;
(b) the mortgage or pledge of and the grant of a security interest in any real or personal property and all or any part of the revenue from any project or any revenue producing contract made by the municipal energy agency with any person to secure the payment of bonds or notes, subject to any agreements with the holders of bonds or notes which might then exist;
(c) the custody, collection, securing, investment and payment of any revenues, assets, money, funds or property with respect to which the municipal energy agency may have any rights or interest;
(d) the creation of reserves or sinking funds and the regulation and disposition thereof;
(e) the purposes to which the proceeds from the sale of any bonds or notes then or thereafter to be issued may be applied, and the pledge of the proceeds to secure the payment of the bonds or notes;
(f) limitations on the issuance of any additional bonds or notes, the terms upon which additional bonds or notes may be issued and secured, and the refunding of outstanding bonds or notes;
(g) the rank or priority of any bonds or notes with respect to any lien or security;
(h) the creation of special funds or moneys to be held in trust or otherwise for payment or redemption of bonds or notes, reserves or other purposes, and the use and disposition of moneys held in these funds;
(i) the procedure by which the terms of any contract with or for the benefit of the holders of bonds or notes may be amended or abrogated, the amount of bonds or notes the holders of which must consent thereto, and the manner in which consent may be given;
(j) the definition of the acts or omissions to act which shall constitute a default in the duties of the municipal energy agency to holders of its bonds or notes, and the rights and remedies of the holders in the event of default including, if the municipal energy agency so determines, the right to accelerate the due date of the bonds or notes or the right to appoint a receiver or receivers of the property or revenues subject to the lien of the resolution, trust indenture or other security agreement;
(k) any other or additional agreements with or for the benefit of the holders of bonds or notes or any covenants or restrictions necessary or desirable to safeguard the interests of the holders;
(l) the custody of any of its properties or investments, the safekeeping thereof, the insurance to be carried thereon and the use and disposition of insurance proceeds;
(m) the vesting in a trustee or trustees, within or outside the state, of such properties, rights, powers and duties in trust as the municipal energy agency may determine; or the limiting or abrogating of the rights of the holders of any bonds or notes to appoint a trustee, or the limiting of the rights, powers and duties of such trustee; or
(n) the appointment of and the establishment of the duties and obligations of any paying agent or other fiduciary within or outside the state.
History: L. 1977, ch. 48, ยง 19; July 1.

Structure Kansas Statutes

Kansas Statutes

Chapter 12 - Cities And Municipalities

Article 8 - Public Utilities

12-801 Gas, water, lights, heat, street-railway, bus or telephone service; election; bonds.

12-802 Same; bond election.

12-803 Same; bond limitation.

12-803a Street-railway or bus department, when; use of revenues.

12-803b Street-railway or bus system; tax levy, use of proceeds.

12-803c Same; bonds for extension of street-railway or bus system; election.

12-803d Same; ordinances as to operation and charges.

12-803e Same; bond limitations inapplicable.

12-806 Sale of light, heat and power to outlying districts.

12-808 Power of city to sell service generally.

12-808a Electric or gas utility outside city limits; eminent domain; determination of rates.

12-808b Same; filing of rates and location of facilities, when.

12-808c Municipalities; lien for utility services.

12-809 Damming of river or condemnation of land and water for waterworks; petition to court; bond issue.

12-810 Condemnation by foreign municipality for water plant.

12-811 Purchase by city of corporate utility plants upon expiration of franchise; petition to court; notice; appraisers; election; bonds.

12-812 Same; bonds for enlargement or improvement of waterworks; ordinance; election.

12-817 City water contracts.

12-817a Application of section and 12-817b.

12-817b Contracts with U.S. government or agencies for water supplies; subject to future nullification if state assumes certain financial obligations.

12-818 Ordinances for control of waterworks.

12-819 Bond limitations not to apply.

12-820 Acquisition of plants outside city.

12-820a City acquiring certain private waterworks property authorized to reimburse subdivisions for tax loss; exception.

12-821 Extension of mains or of transmission lines or pipelines.

12-822 Deposits to secure payment of bills; unlawful, when; investment; abandoned deposits, disposition.

12-823 Public or municipally owned utilities; penalties.

12-824 Franchise to interurban railway or electric company; certain provisions declared void; notice; petition; election; certificate of convenience and necessity.

12-825 Technical service and advice from state commission.

12-825a Petty cash funds, establishment; deposit.

12-825b Same; certification by payees; false pretenses.

12-825c Same; audits; restoration of fund.

12-825d Waterworks, fuel, power and lighting plants; use, disposition and investment of revenues.

12-825e Same; inapplicable to certain cities over 100,000.

12-825f Crediting certain utility revenue to light fund.

12-825g Use of community and utility promotion fund; transfers and expenditures subject to election.

12-825h Foreign-trade zones; establishment and operation; application for federal grant.

12-825i Same; delegation of authority to board of utilities.

12-825j Municipalities owning or operating utility; contracts for purchase of water, gas or electricity.

12-825k Payment of charges by public utilities at city hall.

12-826 Managing board of commissioners; payment of claims.

12-827 Same; appointment; terms; oath.

12-828 Same; recommendations.

12-829 Same; rates; employees; salaries; removal.

12-831 Extension of plants or lines; signed agreements; election required.

12-834 Bonds for gas, water, light, heat, street-railway or telephone service; election.

12-834a Validation of bond election; city of Burns.

12-836 Waterworks bonds; limitation.

12-837 Same; resolution; plans, specifications and estimate; approval or disapproval by secretary of health and environment; cost limited.

12-838 Same; ordinance.

12-839 Same; notice; hearing; election in cities of second class.

12-840 Same; bond limitations not to apply.

12-842 Acquisition and operation of city plants; equipment on or across highway.

12-843 Same; bonds; election; limitation; use of surplus revenues.

12-844 Lines and ways of access between city limits and utility plants.

12-845 Same; eminent domain.

12-846 Same; procedure.

12-847 Same; costs and expenses.

12-848 Control of streets and public grounds.

12-849 Same; ordinance granting use of.

12-850 Same; unlawful use without franchise; penalty.

12-851 Police jurisdiction of cities, second and third classes.

12-852 Flowage rights to waterworks system intake.

12-853 Same; unlawful acts.

12-854 Same; penalty for violating 12-853.

12-855 Same; rights of riparian owners.

12-856 Combined waterworks and sewage disposal system; definitions.

12-857 Same; ordinance.

12-858 Same; revenues.

12-859 Same; creation of water and sewage department; operation.

12-860 Same; rates and charges; use of revenue; collection; liens.

12-861 Same; assessment and bonds statutes applicable.

12-862 Same; contracts, revenue bonds; protest petition; election.

12-863 Same; revenue bonds; liens; recitals; negotiability; general obligation bonds where combined water and sewage system.

12-864 Same; minimum sale price; school fund commission may not purchase.

12-865 Same; revenue bonds; terms; disposition of excess funds.

12-866 Same; revenue bonds; rates, fees and charges; annual audit, filing.

12-867 Same; eminent domain.

12-868 Same; combined waterworks and sewage system revenue bonds, when; act supplemental.

12-869 Validation of proceedings and issuance of bonds for waterworks improvements in certain cities of second class.

12-870 Natural gas acquisition systems of cities; definitions.

12-871 Same; natural gas authority; creation; board; selection, terms, officers; organization; meetings; resolutions.

12-872 Same; sue and be sued; seal; purposes; contracts; limitations.

12-873 Same; compliance with federal law and rules and regulations.

12-874 Same; revenue bonds; refunding bonds.

12-875 Same; investment of funds.

12-876 Same; levy of taxes not authorized.

12-877 Same; deposit of funds with city treasurer.

12-878 Same; signature of officer on instruments.

12-879 Same; employees for system.

12-880 Same; rates and charges for sale of gas.

12-881 Same; trust agreements to secure bonds; contents; expenses.

12-882 Same; moneys received deemed trust funds; trust agreements.

12-883 Same; enforcement of rights and performance of duties.

12-884 Same; annual report and financial statement; filing.

12-885 Municipal energy agencies for electricity and other energy; creation by two or more cities; purposes; liability for tortious acts.

12-886 Definitions.

12-887 Resolution providing for creation; protest petition.

12-888 Agreement creating; requirements, procedure.

12-889 Amendment of agreement creating.

12-890 Registered office; change in location.

12-891 Board of directors; membership; terms; vacancies.

12-892 Same; officers; general manager; personnel; resolutions governing business of agency.

12-893 Same; minutes, records, books of account; public inspection.

12-894 Same; compensation, expenses.

12-895 Powers.

12-896 Receipt and expenditures; application of budget and cash-basis laws; auditing procedures.

12-897 Limitations on direct sale of electricity.

12-898 No levy of taxes or issuance of general obligation bonds; revenue bonds obligation of agency only.

12-899 Revenue bonds; issuance; terms and conditions; form; interim receipts, temporary bonds; security; payment; issuance of additional bonds.

12-8,100 Same; investment in bonds issued; deposit for purposes authorized by law.

12-8,101 Same; not subject to general bond law; exempt from taxation; negotiable instruments.

12-8,102 Bond anticipation notes; issuance, renewal, terms, payment, amount.

12-8,103 Revenue bonds and notes; authorized terms of security agreement.

12-8,104 Same; mortgages and deeds of trust of property and franchises.

12-8,105 Officials, directors, members not liable on bonds or notes; purchase of insurance authorized.

12-8,106 Purchase and disposition of bonds and notes.

12-8,107 Refunding bonds authorized.

12-8,108 Addition of new member cities, procedure; boards of public utilities authorized to participate.

12-8,109 Contracts by member cities with agency for purchase of energy, planning and other services.

12-8,111 Municipal energy agencies not subject to commission jurisdiction; conditions; exceptions; requirements for certificates of public convenience; jurisdiction of corporation commission.

12-8,112 Acquisition of gas distribution systems by certain cities; resolution; definition of "gas distribution system"; issuance of bonds; jurisdiction of corporation commission.