13-2429

Chapter 13.--CITIES OF THE FIRST CLASS
PART II.--COMMISSION GOVERNMENT
Part II.--COMMISSION GOVERNMENT
Article 24.--WATERWORKS DEPARTMENT

      13-2429.   Use of certain lands acquired by waterworks board for parkingfacilities; return of property, when.Whenever the governing body of any city in which a waterworks board hasbeen established in conformance with K.S.A. 13-2414 to 13-2428, bothsections inclusive, shall determine that certain real property purchased bythe waterworks board in the name of the city, as authorized by law, is notbeing used for the purposes acquired, the said city governing body may, byresolution, provide for the use of such property for city or public parkingfacilities, or both. Before any resolution shall be adopted for such use,the governing body shall hold a hearing thereon, notice of the time andplace of which shall be given by publication in the official city paper atleast seven (7) days prior to the hearing. If after such hearing, the citygoverning body shall make a determination that the waterworks board (1) isnot using the property for the purposes acquired, or has declared the sameto be surplus property of the board, and (2) that there is immediate needfor the use of such property for parking facilities, then the governingbody may adopt a resolution providing for the use of such property by thecity, and may thereafter use the property for parking facilities.

      The waterworks board of the city may at any time after the adoption ofsuch a resolution by the city, petition the governing body of the city forthe return of the possession of the property used for parking facilities bythe city and the city governing body is authorized, after a hearing, toorder, by resolution, the return of the possession of such property to thewaterworks board. If the city shall at any time cease to use such propertyfor parking facilities, the governing body of the city shall immediatelynotify the board of such nonuse and the waterworks board shall thereuponresume possession of the property. This section shall be construed assupplemental to and a part of K.S.A. 13-2414 to 13-2428, inclusive.

      History:   L. 1965, ch. 114, § 1; March 20.