12-888. Agreement creating; requirements, procedure. (a) Any city in which the resolution of the governing body thereof providing for the creation of a municipal energy agency has become effective may become a member of such municipal energy agency, with all the rights, powers and duties pertaining thereto, by executing an agreement creating the municipal energy agency. Such agreement shall be approved by resolution of a majority of the members of the governing body of each such city and shall be executed by the mayor of each such city. The agreement shall include the following:
(1) The name of the agency, which shall include the words "municipal energy agency";
(2) the duration of the agency, which may be perpetual;
(3) the name of each city proposing to be a member of the agency;
(4) the address of the agency's registered office and the name of the resident agent in charge of such office, except that where the city clerk of a member city is to be the resident agent the name of such city clerk need not be specified in the agreement;
(5) the manner in which bylaws of the agency may be adopted;
(6) the number of directors to serve on the board of directors and the method of selecting such directors, consistent with the provisions of K.S.A. 12-891;
(7) a statement that the cities which are members of the municipal energy agency are not liable for the obligations of the agency;
(8) any limitation or restriction on the power of the agency not specified in this act; and
(9) any other provision relating to the organization or operation of the agency which the parties deem appropriate and which is not inconsistent with this act or the laws of this state.
(b) No agreement made pursuant to this section shall take effect until submitted to and approved by the attorney general. Such agreement shall be approved unless the attorney general finds that it does not meet the requirements set forth in this act or other laws of this state, in which event the attorney general shall give written notice to the governing body of each of the proposed member cities, detailing the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement submitted hereunder within sixty (60) days of its submission shall constitute approval thereof.
(c) Before a municipal energy agency commences business, the agreement, as approved by the attorney general, shall be filed with the secretary of state and the state corporation commission. A copy thereof, certified by the secretary of state, shall be filed in the office of the register of deeds of each county in which any member city is located. Upon filing of such certified copy of the agreement with the register of deeds of each such county, the municipal energy agency so created shall thereupon be a quasi-municipal corporation.
History: L. 1977, ch. 48, ยง 4; July 1.
Structure Kansas Statutes
Chapter 12 - Cities And Municipalities
12-801 Gas, water, lights, heat, street-railway, bus or telephone service; election; bonds.
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.
12-810 Condemnation by foreign municipality for water plant.
12-812 Same; bonds for enlargement or improvement of waterworks; ordinance; election.
12-817a Application of section and 12-817b.
12-818 Ordinances for control of waterworks.
12-819 Bond limitations not to apply.
12-820 Acquisition of plants outside city.
12-821 Extension of mains or of transmission lines or pipelines.
12-823 Public or municipally owned utilities; penalties.
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.
12-825k Payment of charges by public utilities at city hall.
12-826 Managing board of commissioners; payment of claims.
12-827 Same; appointment; terms; oath.
12-829 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.
12-839 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.
12-847 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.
12-854 Same; penalty for violating 12-853.
12-855 Same; rights of riparian owners.
12-856 Combined waterworks and sewage disposal system; definitions.
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.
12-864 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.
12-868 Same; combined waterworks and sewage system revenue bonds, when; act supplemental.
12-870 Natural gas acquisition systems of cities; definitions.
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.
12-887 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.
12-896 Receipt and expenditures; application of budget and cash-basis laws; auditing procedures.
12-897 Limitations on direct sale of electricity.
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.
12-8,106 Purchase and disposition of bonds and notes.
12-8,107 Refunding bonds authorized.
12-8,109 Contracts by member cities with agency for purchase of energy, planning and other services.