Article 37.--SEWAGE DISPOSAL FACILITIES AND IMPROVEMENTS
12-3710.Sewage disposal facilities; secretary of health and
environment authorized to issue revenue bonds; use of proceeds; payment,
conditions, interest rate, maturity and regulation of issuance of bonds;
interim receipts or temporary bonds.
The secretary of health and environment is hereby authorized to issue
not to exceed $20,000,000 of revenue bonds payable
solely from revenues arising from contracts between the secretary of health
and environment and any city, county, township or other political
subdivision of the state as authorized by this act and moneys held to the
credit of any debt service reserve fund established by the resolution of
the secretary of health and environment authorizing the bonds of any issue
or the trust agreement securing such bonds. Revenue bonds issued under this
act shall not be deemed to constitute a debt of the state or of any
political subdivision thereof for which ad valorem taxes may be levied or a
pledge of the full faith and credit of the state or of any political
subdivision thereof. All such revenue bonds shall be approved in form
and content by bond counsel for the secretary of health and environment.
The secretary of health and environment may provide by resolution for the
issuance of revenue bonds under this act for the purpose of providing
grants to any city, county, township or other political subdivision of the
state of not less than 25% and not to exceed 30% of construction and costs
associated therewith of any one or
more sewage disposal facilities. The bonds of each issue shall be dated,
shall bear interest at a rate not to exceed the
maximum rate prescribed by K.S.A. 10-1009, and amendments thereto, shall
mature at such time or times not exceeding 20 years from their
date or dates as may be determined by the secretary of health and
environment, and may be made redeemable before maturity, at the option of
the secretary of health and environment at such price or prices and under
such terms and conditions as may be fixed by the secretary of health and
environment prior to the issuance of the bonds. The secretary of health and
environment shall determine the form of the bonds, including any interest
coupons to be attached thereto, and shall fix the denomination of the bonds
and the place of payment of principal
and interest, which may be at any bank or trust company within or without
the state. The bonds shall be signed by the secretary of health and
environment, and the official seal of the secretary of health and
environment shall be impressed thereon and any coupons attached thereto
shall bear the facsimile signature of the secretary of health and
environment. In case any officer whose signature or a facsimile of whose
signature appears on any bonds or coupons
ceases to be such
officer before the delivery of such bonds, such signature or such facsimile
shall nevertheless be valid and sufficient for all purposes the same as
if such officer had remained in office until such delivery, and also any bond may
bear the facsimile signature of or may be signed by such persons as at the
actual time of the execution of such bond shall be the proper officers to
sign such bond although at the date of such bond such persons may not have
been such officers. All bonds issued under the provisions of this act shall
have and are hereby declared to have all the qualities and incidents of
negotiable instruments under the uniform commercial code of the state. The
bonds may be issued in coupon or in registered form, or both, as the
secretary of health and environment determines, and
provision may be
made for the registration of any coupon bonds, for the reconversion into coupon
bonds of any bonds registered as to both principal and interest, and for
the interchange of registered and coupon bonds. The secretary of health and
environment shall sell such bonds after public advertisement and by
competitive bidding on sealed proposals. Any and all bids may be
rejected. If no bid acceptable to the secretary of health and environment
is received, the secretary of health and environment may sell the bonds
without such competitive bidding at private sale in such manner and upon
such terms and conditions as the secretary of health and environment determines
is in the public interest.
The proceeds of the bonds of each issue shall be used solely for the
purpose for which such bonds have been issued, and shall be disbursed
in such manner and under such restrictions, if any, as the secretary of
health and environment may provide in the resolution authorizing the
issuance of such bonds or in the trust agreement herein authorized securing
the same.
Prior to the preparation of definitive bonds, the secretary of health
and environment may, under like restrictions, issue interim financing
receipts or temporary bonds, with or without coupons, exchangeable for
definitive bonds when such bonds have been executed and are available
for delivery. The secretary of health and environment may also provide for
the replacement of any bonds which are mutilated, destroyed or lost.
Bonds may be issued under the provisions of this act
without obtaining the consent of any officer, department, division,
commission, board, bureau or agency of the state and without any other
proceedings or the happening of any other conditions or things, other than
those proceedings or conditions which are specifically
required by
this act.
History: L. 1973, ch. 69, § 1; L. 1975, ch. 77, § 1; L. 1982,
ch. 79, § 1; L. 1983, ch. 49, § 55; May 12.
Article 37.--SEWAGE DISPOSAL FACILITIES AND IMPROVEMENTS
12-3710.Sewage disposal facilities; secretary of health and
environment authorized to issue revenue bonds; use of proceeds; payment,
conditions, interest rate, maturity and regulation of issuance of bonds;
interim receipts or temporary bonds.
The secretary of health and environment is hereby authorized to issue
not to exceed $20,000,000 of revenue bonds payable
solely from revenues arising from contracts between the secretary of health
and environment and any city, county, township or other political
subdivision of the state as authorized by this act and moneys held to the
credit of any debt service reserve fund established by the resolution of
the secretary of health and environment authorizing the bonds of any issue
or the trust agreement securing such bonds. Revenue bonds issued under this
act shall not be deemed to constitute a debt of the state or of any
political subdivision thereof for which ad valorem taxes may be levied or a
pledge of the full faith and credit of the state or of any political
subdivision thereof. All such revenue bonds shall be approved in form
and content by bond counsel for the secretary of health and environment.
The secretary of health and environment may provide by resolution for the
issuance of revenue bonds under this act for the purpose of providing
grants to any city, county, township or other political subdivision of the
state of not less than 25% and not to exceed 30% of construction and costs
associated therewith of any one or
more sewage disposal facilities. The bonds of each issue shall be dated,
shall bear interest at a rate not to exceed the
maximum rate prescribed by K.S.A. 10-1009, and amendments thereto, shall
mature at such time or times not exceeding 20 years from their
date or dates as may be determined by the secretary of health and
environment, and may be made redeemable before maturity, at the option of
the secretary of health and environment at such price or prices and under
such terms and conditions as may be fixed by the secretary of health and
environment prior to the issuance of the bonds. The secretary of health and
environment shall determine the form of the bonds, including any interest
coupons to be attached thereto, and shall fix the denomination of the bonds
and the place of payment of principal
and interest, which may be at any bank or trust company within or without
the state. The bonds shall be signed by the secretary of health and
environment, and the official seal of the secretary of health and
environment shall be impressed thereon and any coupons attached thereto
shall bear the facsimile signature of the secretary of health and
environment. In case any officer whose signature or a facsimile of whose
signature appears on any bonds or coupons
ceases to be such
officer before the delivery of such bonds, such signature or such facsimile
shall nevertheless be valid and sufficient for all purposes the same as
if such officer had remained in office until such delivery, and also any bond may
bear the facsimile signature of or may be signed by such persons as at the
actual time of the execution of such bond shall be the proper officers to
sign such bond although at the date of such bond such persons may not have
been such officers. All bonds issued under the provisions of this act shall
have and are hereby declared to have all the qualities and incidents of
negotiable instruments under the uniform commercial code of the state. The
bonds may be issued in coupon or in registered form, or both, as the
secretary of health and environment determines, and
provision may be
made for the registration of any coupon bonds, for the reconversion into coupon
bonds of any bonds registered as to both principal and interest, and for
the interchange of registered and coupon bonds. The secretary of health and
environment shall sell such bonds after public advertisement and by
competitive bidding on sealed proposals. Any and all bids may be
rejected. If no bid acceptable to the secretary of health and environment
is received, the secretary of health and environment may sell the bonds
without such competitive bidding at private sale in such manner and upon
such terms and conditions as the secretary of health and environment determines
is in the public interest.
The proceeds of the bonds of each issue shall be used solely for the
purpose for which such bonds have been issued, and shall be disbursed
in such manner and under such restrictions, if any, as the secretary of
health and environment may provide in the resolution authorizing the
issuance of such bonds or in the trust agreement herein authorized securing
the same.
Prior to the preparation of definitive bonds, the secretary of health
and environment may, under like restrictions, issue interim financing
receipts or temporary bonds, with or without coupons, exchangeable for
definitive bonds when such bonds have been executed and are available
for delivery. The secretary of health and environment may also provide for
the replacement of any bonds which are mutilated, destroyed or lost.
Bonds may be issued under the provisions of this act
without obtaining the consent of any officer, department, division,
commission, board, bureau or agency of the state and without any other
proceedings or the happening of any other conditions or things, other than
those proceedings or conditions which are specifically
required by
this act.
History: L. 1973, ch. 69, § 1; L. 1975, ch. 77, § 1; L. 1982,
ch. 79, § 1; L. 1983, ch. 49, § 55; May 12.
Article 37.--SEWAGE DISPOSAL FACILITIES AND IMPROVEMENTS
12-3710.Sewage disposal facilities; secretary of health and
environment authorized to issue revenue bonds; use of proceeds; payment,
conditions, interest rate, maturity and regulation of issuance of bonds;
interim receipts or temporary bonds.
The secretary of health and environment is hereby authorized to issue
not to exceed $20,000,000 of revenue bonds payable
solely from revenues arising from contracts between the secretary of health
and environment and any city, county, township or other political
subdivision of the state as authorized by this act and moneys held to the
credit of any debt service reserve fund established by the resolution of
the secretary of health and environment authorizing the bonds of any issue
or the trust agreement securing such bonds. Revenue bonds issued under this
act shall not be deemed to constitute a debt of the state or of any
political subdivision thereof for which ad valorem taxes may be levied or a
pledge of the full faith and credit of the state or of any political
subdivision thereof. All such revenue bonds shall be approved in form
and content by bond counsel for the secretary of health and environment.
The secretary of health and environment may provide by resolution for the
issuance of revenue bonds under this act for the purpose of providing
grants to any city, county, township or other political subdivision of the
state of not less than 25% and not to exceed 30% of construction and costs
associated therewith of any one or
more sewage disposal facilities. The bonds of each issue shall be dated,
shall bear interest at a rate not to exceed the
maximum rate prescribed by K.S.A. 10-1009, and amendments thereto, shall
mature at such time or times not exceeding 20 years from their
date or dates as may be determined by the secretary of health and
environment, and may be made redeemable before maturity, at the option of
the secretary of health and environment at such price or prices and under
such terms and conditions as may be fixed by the secretary of health and
environment prior to the issuance of the bonds. The secretary of health and
environment shall determine the form of the bonds, including any interest
coupons to be attached thereto, and shall fix the denomination of the bonds
and the place of payment of principal
and interest, which may be at any bank or trust company within or without
the state. The bonds shall be signed by the secretary of health and
environment, and the official seal of the secretary of health and
environment shall be impressed thereon and any coupons attached thereto
shall bear the facsimile signature of the secretary of health and
environment. In case any officer whose signature or a facsimile of whose
signature appears on any bonds or coupons
ceases to be such
officer before the delivery of such bonds, such signature or such facsimile
shall nevertheless be valid and sufficient for all purposes the same as
if such officer had remained in office until such delivery, and also any bond may
bear the facsimile signature of or may be signed by such persons as at the
actual time of the execution of such bond shall be the proper officers to
sign such bond although at the date of such bond such persons may not have
been such officers. All bonds issued under the provisions of this act shall
have and are hereby declared to have all the qualities and incidents of
negotiable instruments under the uniform commercial code of the state. The
bonds may be issued in coupon or in registered form, or both, as the
secretary of health and environment determines, and
provision may be
made for the registration of any coupon bonds, for the reconversion into coupon
bonds of any bonds registered as to both principal and interest, and for
the interchange of registered and coupon bonds. The secretary of health and
environment shall sell such bonds after public advertisement and by
competitive bidding on sealed proposals. Any and all bids may be
rejected. If no bid acceptable to the secretary of health and environment
is received, the secretary of health and environment may sell the bonds
without such competitive bidding at private sale in such manner and upon
such terms and conditions as the secretary of health and environment determines
is in the public interest.
The proceeds of the bonds of each issue shall be used solely for the
purpose for which such bonds have been issued, and shall be disbursed
in such manner and under such restrictions, if any, as the secretary of
health and environment may provide in the resolution authorizing the
issuance of such bonds or in the trust agreement herein authorized securing
the same.
Prior to the preparation of definitive bonds, the secretary of health
and environment may, under like restrictions, issue interim financing
receipts or temporary bonds, with or without coupons, exchangeable for
definitive bonds when such bonds have been executed and are available
for delivery. The secretary of health and environment may also provide for
the replacement of any bonds which are mutilated, destroyed or lost.
Bonds may be issued under the provisions of this act
without obtaining the consent of any officer, department, division,
commission, board, bureau or agency of the state and without any other
proceedings or the happening of any other conditions or things, other than
those proceedings or conditions which are specifically
required by
this act.
History: L. 1973, ch. 69, § 1; L. 1975, ch. 77, § 1; L. 1982,
ch. 79, § 1; L. 1983, ch. 49, § 55; May 12.