19-2677. Franchises for the operation of solid waste management systems; conditions and procedure for granting. All counties in the state of Kansas are hereby authorized and empowered to grant franchises, subject to the following conditions, to persons to engage in the business of operating all or any part of solid waste management systems within counties:
First. All contracts granting or giving or extending, renewing or amending any existing franchise shall be made by resolution of the board of county commissioners, and not otherwise.
Second. No franchise may be granted to any person or be extended for any longer period of time than ten (10) years from the date of such grant or extension.
Third. No person shall ever be granted any exclusive franchise.
Fourth. The board of county commissioners of the county, at all times during the existence of any such franchise, shall have the right by resolution to fix a reasonable schedule of maximum rates to be charged such county and the inhabitants thereof, by any person operating under any franchise under this act: Provided, however, That said board of commissioners shall at no time fix a rate which shall prohibit such person from earning a reasonable rate upon the fair value of the property used and useful in such service. In fixing and establishing such fair value the value of such franchise given and granted by the county to such person, shall not be taken into consideration in ascertaining the reasonableness of the rates to be charged to the inhabitants of such county.
Fifth. No franchise shall ever be granted until the resolution granting the same shall have been read in full at two (2) regular meetings of the board of commissioners, and immediately after the final adoption it shall be published in the official county paper once a week for two (2) consecutive weeks. If within thirty (30) days after the last publication of such resolution there shall be filed with the county clerk of the county a petition signed by electors equal in number to not less than five percent (5%) of the electors of the county who voted for the secretary of state at the last preceding general election, requesting an election thereon, the board of county commissioners shall submit the question of the adoption of such resolution to the voters at an election called for that purpose and held within ninety (90) days after the last publication of the resolution or at the next general election if held within such time, and no franchise shall be granted under the provisions of any such resolution unless the question of the adoption of such resolution shall receive the approval of a majority of the votes cast thereon. Such elections shall be called and held in the manner provided for the calling and holding of elections under the general bond law.
History: L. 1971, ch. 217, ยง 2; July 1.
Structure Kansas Statutes
Chapter 19 - Counties And County Officers
Article 26 - Miscellaneous Provisions
19-2601 Place of county offices; office hours; penalty for failure to keep open.
19-2604 Deputies' oaths; deposit with bonds.
19-2605 County commissioners defined.
19-2606 Resignation by elected county officers.
19-2607 New officer to finish business and records of predecessor; records as evidence.
19-2609 Removal of county officer.
19-2618 Water mains in or along highway; petition.
19-2619 Same; rules and regulations.
19-2622 Same; penalty; damages; costs.
19-2623 Same; land for water mains; eminent domain.
19-2633 When plats of land outside city to be filed with county commissioners.
19-2633a Vacation of Hillcrest Heights as platted in Cowley county.
19-2633b Vacation of Cave Springs townsite in Elk county.
19-2636 Same; tax levy limitation; excess funds.
19-2638 Same; pending actions not barred; disposition of moneys recovered.
19-2643 Lease of park plots to youth camps in certain counties.
19-2644 Shawnee and Mission townships in Johnson county designated urban areas; law enforcement.
19-2645 Same; joint county and city use of vehicles and equipment.
19-2646 Same; appointment of policemen; powers; oaths; bond.
19-2647 Preservation of historical records in counties; declaration of public interest.
19-2648 Same; resolution; publication; protest petition; election.
19-2650 Same; acceptance of gifts or loans.
19-2653 Same; tax levies to pay warrants; surplus funds.
19-2654 Johnson county, Sedgwick county; designated as urban area.
19-2655 Counties over 180,000; long term leases of land to sheriff's posses.
19-2656 City of Overland Park and Oxford township in Johnson county designated urban area.
19-2657 Same; annexation of certain land located in urban area; ordinance.
19-2658 Disposal of refuse; acquisition of lands; improvements and equipment; contracts with city.
19-2659 Same; costs; bonds; election, when; exemption from county bonded debt limitations.
19-2660 Same; disposal facility; operation; contracts with political subdivisions.
19-2661 Same; fees and charges; fund, use; expenses from general fund, when.
19-2662 Same; disposition of lands acquired; use of moneys received from sale.
19-2663 Museum and cultural center in counties between 10,000 and 15,000 with $45,000,000 valuation.
19-2664 Same; election; amount of bonds.
19-2666 Same; name of board; limitation on powers.
19-2667 Same; organization and meetings of board.
19-2668 Same; specific powers of board.
19-2669 Same; treasurer of board.
19-2672 Same; duties of commission.
19-2673 Same; contracts; receipt and expenditure of moneys.
19-2674 Same; minutes of meetings; report and recommendations to legislature.
19-2675 Building fund; transfer of unexpended balance.
19-2678 County recreational, community service and social programs for the aging; payment of cost.
19-2679 Central motor pools in counties authorized; use charges.
19-2681 Same; charter commission, establishment.
19-2682 Same; charter commission membership; appointment.
19-2685 Same; submission of proposed charter to electors; adoption.
19-2686 Same; eligibility of charter commission members to election to county commission.
19-2688 Same; action to recover.
19-2689 Kansas association of counties; participating employer in KPERS.
19-2691 Coliseum events fund in certain counties; payment of expenses of shows or events.
19-2692 Coliseum concessions fund in certain counties; payment of expenses of concessions operation.
19-2692a Special recreation facilities fund.
19-2693 Reports, documentation and controls relating to coliseum funds; approval of contracts; bond.
19-2695 Conveyance of land forming part of Lone Star Lake to Douglas county.
19-2696 Leasing of lands by Hodgeman county to Santa Fe Trail Council of Boy Scouts of America.
19-2697 Sanitary land fill; Haskell county.
19-2698 Services for the physically handicapped; tax levy; procedure to authorize levy.
19-2699 Cloud county fair board; membership; qualifications; election; term; vacancies; officers.
19-26,100 Tax levy for arts program in Wyandotte county.
19-26,101 Conveyance of land in Wichita county to city of Leoti.
19-26,102 Vacation of certain property in Lyon county, procedure; reversion of property.
19-26,103 Wyandotte county land bank; definitions.
19-26,104 Same; establishment; governance; authorities and duties of county commissioners.
19-26,105 Same; budgets; accounts and records; annual reports.
19-26,106 Same; composition of board; authorities and duties; conflicts of interest; suits.
19-26,107 Same; powers of board.
19-26,108 Same; transfers of property.
19-26,109 Same; administration of property, duties of board.
19-26,110 Same; sale of property by board; conditions; consolidation.
19-26,111 Same; exemption of property from taxation; exceptions.
19-26,112 Same; use of moneys received from sale of property.
19-26,113 Same; advisory committees, establishment.
19-26,114 Counties; certain resolutions void as against public policy.
19-26,117 Motor vehicle nuisance; abatement process.
19-26,118 Board of county commissioners; adoption of policies and procedures by resolution.