12-2524.   Kansas City area transportation district and authoritycompact; commissioners.The governor shall appoint, subject to confirmation by the senate asprovided in K.S.A. 75-4315b, three commissioners to enter into a compact onbehalf of the state of Kansas with the state of Missouri. Any two of thecommissioners so appointed, together with the attorney general of the stateof Kansas may act to enter into the following compact:

Compact Between Kansas and Missouri Creating the Kansas City AreaTransportation District and the Kansas City Area TransportationAuthority.

      The states of Kansas and Missouri solemnly agree:

      They agree to and pledge, each to the other, faithful cooperation inthe future planning and development of the Kansas City areatransportation district, holding in high trust for the benefit of itspeople and of the nation the special blessings and natural advantagesthereof.

      To that end, the two states create a district to be known as theKansas City area transportation district (hereinafter referred to as"the district"), which shall embrace the following territory: Thecounties of Cass, Clay, Jackson and Platte in Missouri, and the countiesof Johnson, Leavenworth and Wyandotte in Kansas.

      There is created the Kansas City area transportation authority of theKansas City area transportation district (hereinafter referred to as the"authority"), which shall be a body corporate and politic and apolitical subdivision of the states of Kansas and Missouri.

      The authority shall have the following powers:

      (1)   To acquire by gift, purchase or lease and to plan, construct,operate and maintain, or to lease to others for operation andmaintenance, passenger transportation systems and facilities, eitherupon, above, or below the ground.

      (2)   To charge and collect fees and rents for use of the facilitiesowned or operated by it.

      (3)   To contract and to be contracted with, and to sue and to besued.

      (4)   To receive for its lawful activities any contributions or moneysappropriated by municipalities or counties, by the federal governmentor any agency or officer thereof or from any other source.

      (5)   To disburse funds for its lawful activities and fix salaries andwages of its officers and employees.

      (6)   To borrow money for the acquisition, planning, construction,equipping, operation, maintenance, repair, extension, and improvement ofany facility which it has the power to own or to operate or to own andto operate, and to issue the negotiable notes, bonds or otherinstruments in writing of the authority in evidence of the sum or sumsto be borrowed.

      (7)   To issue negotiable refunding notes, bonds or other instrumentsin writing for the purpose of refunding, extending or unifying the wholeor any part of its valid indebtedness from time to time outstanding,whether evidenced by notes, bonds, or other instruments in writing,which refunding notes, bonds or other instruments in writing shall notexceed in amount the principal of the outstanding indebtedness to berefunded and the accrued interest thereon to the date of such refunding.

      (8)   To provide that all negotiable notes, bonds and otherinstruments in writing issued either pursuant to subdivision (6) orpursuant to subdivision (7) hereof shall be payable, both as toprincipal and interest, out of the revenues collected for the use of anyfacility or combination of facilities owned or operated or owned andoperated by the authority, or out of any other resources of theauthority, and may be further secured by a mortgage or deed of trustupon any property owned by the authority. All notes, bonds or otherinstruments in writing issued by the authority as herein provided shallmature in not to exceed 40 years from the date thereof, shallbear interest at a rate not exceeding the maximum rate of interestprescribed by K.S.A. 10-1009, and shall be sold for not less than 95% ofthe par value thereof. The authority shallhave the power to prescribe the details of such notes, bonds or otherinstruments in writing, and of the issuance and sale thereof, and shallhave the power to enter into covenants with the holders of such notes,bonds or other instruments in writing, not inconsistent with the powersherein granted to the authority, without further legislative authority.

      (9)   To condemn any and all rights or property, of any kind orcharacter, necessary for the purposes of the authority, subjectto the provisions of this compact, but no property now orhereafter vested in or held by either state or by any county, city,village, township or other political subdivision, shall be taken by theauthority without the authority or consent of such state, county, city,village, township or other political subdivision. If the property to becondemned be situated in the state of Kansas, the authority shallfollow the procedure of the act of the state of Kansas providing for theexercise of the right of eminent domain, and if the property to becondemned be situated in the state of Missouri, the authority shallfollow the procedure provided by the laws of the state of Missouri forthe appropriation of land or other property taken for telegraph,telephone or railroad rights-of-way.

      (10)   To petition any interstate commerce commission (or like body),public service commission, public utilities commission (or like body),or any other federal, municipal, state or local authority,administrative, judicial or legislative, having jurisdiction in thepremises, for the adoption of plans for and execution of any physicalimprovements, change in method, rate of transportation, which, in theopinion of the authority, may be designed to improve or better thehandling of commerce in and through the district, or improve terminaland transportation facilities therein. It may intervene in anyproceeding affecting the commerce of the district.

      (11)   To perform all other necessary and incidental functions; and toexercise such additional powers as shall be conferred on it by thelegislature of either state concurred in by the legislature of the otherand by act of congress.

      Nothing contained in this compact shall impair the powers of anycounty, municipality or other political subdivision to acquire, own,operate, develop or improve any facility which the authority is giventhe right and power to own, operate, develop or improve.

      Nothing herein shall impair or invalidate in any way bondedindebtedness of either state or of any county, city, village, townshipor other political subdivision, nor impair the provisions of lawregulating the payment into sinking funds of revenues derived frommunicipal property or dedicating the revenues derived from any municipalproperty to a specific purpose.

      Unless and until otherwise provided, the authority shall make anannual report to the governor of each state, setting forth in detail theoperations and transactions conducted by it pursuant to this compact andany legislation thereunder.

      The authority shall consist of 10 commissioners, five ofwhom shall be resident voters of the state of Missouri and five ofwhom shall be resident voters of the state of Kansas. All commissionersshall reside within the district, the Missouri members to be chosen bythe state of Missouri and the Kansas members by the state of Kansas, inthe manner and for the terms fixed by the legislature of each stateexcept as herein provided.

      The authority shall elect from its number a chairperson and avice-chairperson, and may appoint such officers and employeesas it may require for the performance of its duties, and shall fix anddetermine their qualifications and duties.

      Unless otherwise determined by the legislature of the two states,no action of the authority shall be binding unless taken at a meeting atwhich at least three members from each state are present, and unlessa majority of the members from each state, present at such meeting,shall vote in favor thereof.

      The two states shall provide penalties for violations of anyorder, rule or regulation of the authority, and for the manner ofenforcing the same.

      The authority is authorized and directed to proceed to carry out itsduties, functions and powers in accordance with the articles of thiscompact as rapidly as may be economically practical and is vested withall necessary and appropriate powers, not inconsistent with theconstitution or the laws of the United States or of either state, toeffectuate the same, except the power to levy taxes or assessments.

      In Witness Thereof, we have hereunto set our hands and sealsunder authority vested in us by law.

In the Presence of:

      History:   L. 1965, ch. 115, § 1; L. 1970, ch. 64, § 19; L. 1978,ch. 99, § 13; L. 1982, ch. 347, § 8; July 1.