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). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026