12-16,122.   Paving materials; mining andmanufacturing for use by cities and counties; limitations.The governing body of any city or county is hereby authorizedto establish or participate in the mining or manufacturing of paving materialsfor the use of such city or county. Establishment of or participation in anysuchmining or manufacturing operation shall not occur unless:

      (a)   Prior to the establishment of or participation in any such mining ormanufacturing operation, the governing body shall hold a public hearing toconsider the merits of the proposed mining or manufacturing operation;

      (b)   notice of such public hearing has been published in both the KansasRegister and a newspaper having general circulation in the city or county inwhich such proposed mining or manufacturing operation is to be established orparticipated 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 taxpayer,as determined by such city or county's vendor list, who customarily providesconstruction 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 dateof such hearing.

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

      History:   L. 2001, ch. 111, § 2; July 1.