Adoption of resolution by municipality and secretary of health and environment; contents

12-3103. Adoption of resolution by municipality and secretary of health and environment; contents. No municipality shall exercise any of the powers hereafter conferred by this act until its local governing body and the secretary of health and environment shall have adopted a resolution finding that: (1) The sewer system of such municipality is inadequate to meet the standards of the secretary of health and environment; and (2) the construction, reconstruction, development, or redevelopment of a sewer system of such municipality is necessary in the interest of public health and welfare of the residents of the state. History: L. 1959, ch. 87, § 3; L. 1975, ch. 462, § 3; July 1. CASE ANNOTATIONS 1. City ordinance held invalid because of failure to comply with section was voidable; separate care requiring refund of fees paid not res judicata or collateral estoppel; plaintiffs deemed to have made nonrefundable voluntary payments under Kansas voluntary payment rule. Regency Park v. City of Topeka, 267 Kan. 465, 468, 473, 478, 981 P.2d 256 (1999).