Download or read book Attorney General Opinion No. 1988-083 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A city of the second class may, pursuant to K.S.A. 14-1041 e̲t̲ s̲e̲q̲., contract with an individual for the drilling of natural gas wells whereby the wells become the property of the city and the individual is fully reimbursed from any proceeds therefrom. While K.S.A. 14-1042 prescribes that the drilling of the well, in the first instance, shall be without cost to the city, that statute is part of an enactment which is not uniformly applicable to all cities. Accordingly, where a city of the second class seeks to secure additional natural gas sources to provide fuel for its power and light plant, it may adopt a charter ordinance exempting itself from the restriction upon bearing the cost of drilling and equipping a well. Pursuant to the provisions of K.S.A. 12-842, a city of the second or third class may purchase natural gas at the wellhead from wells located outside the city limits, and construct, operate, and maintain a pipeline necessary to transport the gas either directly to the city power plant, or to a pipeline system which would transport the natural gas for the city. Under home rule powers granted by Article 12, Section 5 of the Kansas Constitution, a city which acquires an interest in a producing gas well outside the city limits may take production from the well "in kind" rather than receiving a cash royalty. Additionally, a city may purchase spot market gas for its power plant several months in advance of its use. Cited herein: K.S.A. 12-842, 14-1041, 14-1042; Kan. Const., Art. 12, section 5.