12-3401. Port authorities; definitions.
12-3401
12-3401. Port authorities; definitions.
As used in K.S.A. 12-3402 to 12-3433, inclusive:
(a) "Port authority" means a port
authority or joint port authority created pursuant to K.S.A. 12-3402, and amendments
thereto.
(b) "Submerged lands" means the lands presently underlying the
navigable streams of the state of Kansas and the lands underlying the
waters of lakes, harbors, and navigation channels which have already
been or which shall be created by the impoundment of the waters and the
creation of commercial navigation facilities in the navigable
streams.
(c) "Uplands" means lands contiguous to or fronting upon any
submerged lands in this state.
(d) "Publication" means publication once a week on the same day of
the week for three consecutive weeks in a newspaper of general
circulation in the county or counties wherein such publication is
required to be made. Publication shall be complete on the date of the
last publication.
(e) "Created," as related to port authorities, means the
activation of such authorities by ordinance or resolution as provided
herein.
(f) "Port" means water-port facility, airport facility, terminal facility,
land transportation facility, railroad facility or industrial-use facility.
(g) "Industrial-use facility" means any agricultural, commercial, industrial
or manufacturing facility, including the site therefor, which is a part
of or contiguous to another port facility or which a port authority determines
will further the purposes of this act and will promote the general welfare
and economic development of the area of its jurisdiction.
An agricultural, commercial, industrial or manufacturing facility need
not be part of or contiguous to another port facility if the governing body
of the city or county creating a port authority also determines that such
facility will further the purposes of this act and promote the general welfare
and economic development of such city or county. If the port authority was
created by two or more cities or counties, such determination also shall
be made by the governing body of the city or county in which such facility
is located. In determining whether agricultural, commercial, industrial
or manufacturing facilities, not part of or adjacent to another port facility,
will further the purposes of this act and promote the general welfare and
economic development of cities and counties, such port authorities and governing
bodies shall consider:
(1) The desirability and economic feasibility of the proposed facility;
(2) the technical and economic capability of the port authority or private
interests to operate the proposed facility;
(3) the potential economic impact of the proposed facility on the city
or county in which the facility will be located;
(4) the impact such facility will have on the development of interstate
and intrastate traffic which will make use of ports within the state;
(5) the impact such facility may have on the growth of new ports within the state; and
(6) the impact such facility may have on any existent comprehensive land-use
plan covering the proposed location of the facility.
History: L. 1969, ch. 89, § 1; L. 1980, ch. 70, § 3; L. 1981,
ch. 76, § 1;
L. 1987, ch. 75, § 1; July 1.