Session Law

Identifying Information:L. 2003 ch. 028
Other Identifying Information:2003 House Bill 2191
Tax Type:Other
Brief Description:An Act relating to port authorities; concerning certain powers; amending K.S.A. 12-3406 and 12-3415 and repealing the existing sections.
Keywords:


Body:

CHAPTER 28

HOUSE BILL No. 2191


An Act relating to port authorities; concerning certain powers; amending K.S.A. 12-3406

and 12-3415 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 12-3406 is hereby amended to read as follows: 12-

3406. A port authority established by K.S.A. 12-3402, and amendments

thereto, shall have full power and authority to:

(a) Purchase, acquire, construct, reconstruct, improve, equip, fur-

nish, maintain, repair, enlarge, remodel, own, sell, lease, and operate

docks, wharves, warehouses, piers, and other water-port facilities, airport

facilities, terminal facilities, land transportation facilities, railroad facilities

or industrial-use facilities within the area of its jurisdiction, as defined by

K.S.A. 12-3405, and amendments thereto, consistent with the purpose of

the port authority, which purpose is hereby declared to be for a public

purpose;

(b) (1) borrow money from either private financial institutions or,

any agency of the state of Kansas or of the United States of America or

a private person or entity approved by the port authority, and to issue

therefor such notes or other evidence of indebtedness as may be required

and to mortgage, pledge, or otherwise encumber the assets of the au-

thority as security therefor, and or (2) issue bonds as provided in K.S.A.

12-3415, and amendments thereto;

(c) apply for, receive, and participate in any grants from the state of

Kansas or from the United States of America;

(d) construct, straighten, deepen, and improve any canal, channel,

river, stream, or other watercourse or way which may be necessary or

proper in the development of the facilities of such port;

(e) purchase, acquire, own, maintain, furnish, improve, repair, en-

large, remodel, construct, reconstruct, equip, hold, sell, lease, or operate

real or personal property for the authorized purposes of the port author-

ity, which exercise of such authority is hereby declared to be for a public

purpose;

(f) apply to the proper authorities of the United States government

for a grant within the limits of the port authority either individually or in

conjunction with a corporate instrumentality of this state and one or more

states, or a bi-state compact or a not-for-profit corporation authorized to

do business in this state and to establish, operate and maintain foreign

trade zones pursuant to the foreign trade-zone act, 19 U.S.C.A. 81a to

81u, inclusive, as amended;

(g) exercise the right of eminent domain, if approved by a 2/3 vote of

the governing body of the port authority, to appropriate any land, rights,

rights-of-way, franchises, easements, or other property, necessary or

proper for the construction or the efficient operation of any facility of the

port authority and included in an official plan, pursuant to the procedure

provided by law, if funds equal to the appraised value of the property to

be acquired as the result of such proceedings shall be on hand and avail-

able for such purposes. The port authority shall not exercise the right of

eminent domain without first having received approval, by resolution, of

the governing body of the city or county which created such port au-

thority. If the port authority was created by two or more cities or counties,

the port authority shall not exercise the right of eminent domain without

first having received approval, by resolution, of the governing body of the

city or county in which such property is located. If such property is located

outside the boundaries of the port authority, such port authority shall not

exercise the right of eminent domain without first having received ap-

proval, by resolution, of the governing body of the city if such property

is located within the corporate limits of a city or from the board of county

commissioners if such property is located within the unincorporated area

of a county. A port authority shall not have the right of eminent domain

to acquire a site for an industrial-use facility.

Nothing contained in K.S.A. 12-3401 to 12-3433, inclusive, and amend-

ments thereto, shall authorize a port authority to take or disturb property

or facilities belonging to any public corporation, public utility, or common

carrier, which property or facilities are necessary and convenient in the

operation of such public corporation, public utility, or common carrier,

unless provision is made for the restoration, relocating, or duplication of

such property or facilities, or upon the election of such public corporation,

public utility, or common carrier for the payment of compensation, if any,

at the sole cost of the port authority.

If any restoration or duplication proposed to be made hereunder shall

involve a relocation of such property or facilities, the new facilities and

location shall be of at least comparable utilitarian value and effectiveness

and such relocation shall not impair the ability of the public utility or

common carrier to compete in its original area of operation.

If any restoration or duplication made hereunder shall involve a relo-

cation of such property or facilities, the port authority shall acquire no

interest or right in or to the appropriated property or facilities, except as

provided in subsection (c) of K.S.A. 12-3406, and amendments thereto,

until the relocated property or facilities are available for use and until

marketable title thereto has been transferred to the public utility or com-

mon carrier.

Provisions for restoration, relocation, or duplication shall be described

in detail in the plan specified in K.S.A. 12-3407, and amendments thereto;

(h) maintain such funds as it deems necessary;

(i) direct its agents or employees, when properly identified in writing,

and after at least five days' written notice, to enter upon lands within the

confines of its jurisdiction in order to make surveys and examinations

preliminary to location and construction of works for the purposes of the

port authority, without liability of the port authority or its agents or em-

ployees except for actual damage done;

(j) sell, lease or convey real and personal property not needed for the

operation of the port authority and grant easements of rights-of-way over

property of the port authority; and

(k) promote, advertise, and publicize the port and its facilities; pro-

vide traffic information and rate information to shippers and shipping

interests.

Sec. 2. K.S.A. 12-3415 is hereby amended to read as follows: 12-

3415. (a) For the purpose of paying all or any part of the cost of purchasing

or acquiring land or interests therein, and the cost of purchasing, acquir-

ing, constructing, equipping, reconstructing, improving, repairing, en-

larging, remodeling and furnishing buildings, structures, plants, docks,

wharves, warehouses, piers, sidings and other water-port facilities, airport

facilities, terminal facilities, land transportation facilities, railroad facilities

or industrial-use facilities or any part thereof; including additions, im-

provements, relocations, renovations, extensions and modifications

thereof (all of which as are included in a single project are hereafter

referred to in this act as ``facility or facilities''), a port authority created

pursuant to this act, is authorized to borrow money upon credit of the

income and revenues to be derived from the operation of such facilities,

together with any other available income and revenues from other reve-

nue producing facilities of such port authority, and to issue negotiable

notes, bonds or other evidence of indebtedness authorized under subsec-

tion (b) of K.S.A. 12-3406, and amendments thereto, of such port authority

in such amount as the board of directors of the port authority shall deem

necessary for the purpose; and to provide for payment of such notes,

bonds or other evidence of indebtedness and rights of holders thereof as

herein provided.

(b) The port authority shall not issue bonds without first having re-

ceived approval, by resolution, of the governing body of the cities or

counties which comprise such port authority.

Sec. 3. K.S.A. 12-3406 and 12-3415 are hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its

publication in the Kansas register.

Approved April 1, 2002.

Published in the Kansas Register April 10, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003