19-2677. Franchises for the operation of solid waste management systems; conditions and procedure for granting.
19-2677
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, § 2; July 1.