12-3401.   Port authorities; definitions.As used in K.S.A. 12-3402 to 12-3433, inclusive:

      (a)   "Port authority" means a portauthority or joint port authority created pursuant to K.S.A. 12-3402, and amendmentsthereto.

      (b)   "Submerged lands" means the lands presently underlying thenavigable streams of the state of Kansas and the lands underlying thewaters of lakes, harbors, and navigation channels which have alreadybeen or which shall be created by the impoundment of the waters and thecreation of commercial navigation facilities in the navigablestreams.

      (c)   "Uplands" means lands contiguous to or fronting upon anysubmerged lands in this state.

      (d)   "Publication" means publication once a week on the same day ofthe week for three consecutive weeks in a newspaper of generalcirculation in the county or counties wherein such publication isrequired to be made. Publication shall be complete on the date of thelast publication.

      (e)   "Created," as related to port authorities, means theactivation of such authorities by ordinance or resolution as providedherein.

      (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, industrialor manufacturing facility, including the site therefor, which is a partof or contiguous to another port facility or which a port authority determineswill further the purposes of this act and will promote the general welfareand economic development of the area of its jurisdiction.

      An agricultural, commercial, industrial or manufacturing facility neednot be part of or contiguous to another port facility if the governing bodyof the city or county creating a port authority also determines that suchfacility will further the purposes of this act and promote the general welfareand economic development of such city or county. If the port authority wascreated by two or more cities or counties, such determination also shallbe made by the governing body of the city or county in which such facilityis located. In determining whether agricultural, commercial, industrialor manufacturing facilities, not part of or adjacent to another port facility,will further the purposes of this act and promote the general welfare andeconomic development of cities and counties, such port authorities and governingbodies shall consider:

      (1)   The desirability and economic feasibility of the proposed facility;

      (2)   the technical and economic capability of the port authority or privateinterests to operate the proposed facility;

      (3)   the potential economic impact of the proposed facility on the cityor county in which the facility will be located;

      (4)   the impact such facility will have on the development of interstateand 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-useplan 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.