12-2705.   Costs, how financed; extent of right to acquire or condemnproperty.The costs of providing a common supply of water may be paid from anymoneys on hand or available for such purpose or may be financed by theissuance and sale of general obligation bonds or revenue bonds by each ofthe contracting municipalities in the amount necessary to pay theproportionate share of each such contracting municipality, as such sharesshall be fixed pursuant to contract. In the event that the acquisition anddevelopment of a common water supply and the construction of a waterworkssystem shall be effected by the individual action of one of the contractingmunicipalities or by the individual action of one of the contractingcorporations, it shall be lawful for any of the other contractingmunicipalities or corporations to make a lump-sum payment to suchcontracting municipality or corporation either from moneys on hand andavailable for such purpose or, in the case of the contractingmunicipalities, from moneys received from the issuance and sale of generalobligation bonds or revenue bonds, or from tax levies made to meetinstallment payments to cover its contributions to such cost over theperiod of the life of any bonds so issued by the municipality acquiring orconstructing such a waterworks system.

      Nothing herein contained shall prevent the purchase or condemnation ofexisting sources of water supply, waterworks systems, or portions thereof,necessary for the purposes of the joint project anywhere in the state ofKansas, but there shall be no power to condemn property, the legal title ofwhich is vested in the state of Kansas or any political subdivisionthereof, unless the state or the governing body of such politicalsubdivision shall consent thereto. In the event that any source of watersupply, waterworks system or portion thereof owned by one of thecontracting municipalities or corporations is acquired for the purpose ofcommon supply and joint waterworks system, such municipality or corporationmay be allowed a credit against its share of the cost equal to the agreedvalue of the assets so acquired.

      History:   L. 1955, ch. 87, § 5; April 14.