19-2677.   Franchises for the operation of solid waste managementsystems; conditions and procedure for granting.All counties in the state of Kansas are hereby authorized and empoweredto grant franchises, subject to the following conditions, to persons toengage in the business of operating all or any part of solid wastemanagement systems within counties:

      First. All contracts granting or giving or extending, renewing oramending any existing franchise shall be made by resolution of the board ofcounty commissioners, and not otherwise.

      Second. No franchise may be granted to any person or be extendedfor any longer period of time than ten (10) years from the date of suchgrant or extension.

      Third. No person shall ever be granted any exclusive franchise.

      Fourth. The board of county commissioners of the county, at alltimes during the existence of any such franchise, shall have the right byresolution to fix a reasonable schedule of maximum rates to be charged suchcounty and the inhabitants thereof, by any person operating under anyfranchise under this act: Provided, however, That said board ofcommissioners shall at no time fix a rate which shall prohibit such personfrom earning a reasonable rate upon the fair value of the property used anduseful in such service. In fixing and establishing such fair value thevalue of such franchise given and granted by the county to such person,shall not be taken into consideration in ascertaining the reasonableness ofthe rates to be charged to the inhabitants of such county.

      Fifth. No franchise shall ever be granted until the resolutiongranting the same shall have been read in full at two (2) regular meetingsof the board of commissioners, and immediately after the final adoption itshall be published in the official county paper once a week for two (2)consecutive weeks. If within thirty (30) days after the last publication ofsuch resolution there shall be filed with the county clerk of the county apetition 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 atthe last preceding general election, requesting an election thereon, theboard of county commissioners shall submit the question of the adoption ofsuch resolution to the voters at an election called for that purpose andheld within ninety (90) days after the last publication of the resolutionor at the next general election if held within such time, and no franchiseshall be granted under the provisions of any such resolution unless thequestion of the adoption of such resolution shall receive the approval of amajority of the votes cast thereon. Such elections shall be called and heldin the manner provided for the calling and holding of elections under thegeneral bond law.

      History:   L. 1971, ch. 217, § 2; July 1.