12-3402. Port authorities; purpose; creation; modification of official plan by certain port authorities; legislative approval; tax levy; election required; dissolution.
12-3402
12-3402. Port authorities; purpose; creation;
modification of official plan by certain port authorities; legislative
approval; tax levy; election required; dissolution.
(a) It is the purpose of this act to promote, stimulate and develop the
general welfare, economic development and prosperity of the state of Kansas
by fostering the growth of intrastate and interstate commerce within the state;
to promote the advancement and retention of ports within the state; to
encourage and assist in the location of new business and industry in this state
and the expansion, relocation or retention of existing business and industry
when so doing will help maintain existing levels of commerce within the state
or increase the movement of commodities, goods and products produced,
manufactured or grown within or without the state through existing ports within
the state or lead to the development of new ports within the state; and to
promote the economic stability of the state by maintaining and providing
employment opportunities, thus promoting the general welfare of the citizens of
this state, by authorizing port authorities to be established in each city and
in each county of the state.
A port authority shall be a public body corporate and politic which if
established shall be known as the "port authority" of the city or of the
county. Joint port authorities may be created under authority of this act by
cooperative agreement executed by the governing bodies of any city or county or
cities or counties. Such joint authorities formed by such cooperative agreement
shall have all the powers and jurisdiction enumerated in this act. Such
creation shall be by ordinance or resolution. Except for port authorities
created prior to April 1, 1981, no port authority shall be created without
approval of the legislature by concurrent resolution. The authority shall not
transact any business or exercise powers hereunder until the passage of
a concurrent resolution by the legislature as hereinbefore provided.
No port authority located in Cowley county shall modify, amend or extend the
port authority's official plan as originally adopted by the port authority to
change the purpose for which it was created or alter the character of the work
to be undertaken, as provided by K.S.A. 12-3406, and amendments thereto,
without approval of the legislature by concurrent resolution. The port
authority shall not transact any business or exercise powers hereunder
concerning any business or actions related to such modification, amendment or
extension of the original plan.
A cooperative agreement creating a joint port authority may be amended by the
governing bodies of the cities and counties which comprise such port authority.
Any amendment to such a cooperative agreement, including amendments which allow
other cities located within counties which are parties to the original
agreement to join in such agreement, shall not require approval
by the legislature.
No member of the authority shall serve as such who owns land, other than a
residence, or represents in a fiduciary capacity or as agent any person who
owns land surveyed or examined for port locations, except that this prohibition
shall not prevent a user of a port facility from serving as a member of the
authority.
A port authority may sue and be sued, plead and be impleaded, subject to the
limitations and other provisions of the Kansas tort claims act. The exercise by
such port authority of the powers conferred upon it shall be deemed to be
essential governmental functions of the creating city or county.
(b) Any city or county creating or participating in the creation of a port
authority, before any taxes are levied shall submit the question of whether an
annual tax levy may be made on the assessed taxable tangible property of such
city, county, or a combination thereof, and the amount thereof to the electors
of such city or county comprising such authority. If a majority of those voting
on the question vote in favor of such tax levy, the same may be made for such
purpose and to pay a portion of the principal and interest on bonds issued
under the authority of K.S.A. 12-1774, and amendments thereto, by cities
located in the county, and otherwise such tax levy shall not be made. If such
tax levy is approved, the authority may expend funds not otherwise appropriated
to defray the expense of surveys and examinations incidental to the purposes of
the port authority and may expend funds for any of the purposes as set forth in
K.S.A. 12-3406, and amendments thereto.
(c) Subject to making due provisions for payment and performance of its
obligations, a port authority may be dissolved by the city or county, or
combination thereof, comprising it. If the port authority is dissolved, the
properties of the port authority shall be transferred to the subdivision
comprising it, or, if comprised by more than one city or county, to the city or
county comprising it in such manner as may be agreed upon by them. Obligations
of the authority shall not be obligations of the state of Kansas, nor of any
city or county which creates the authority, unless the obligations are
specifically approved by a majority vote of the electors of such city or county
voting on the issue. Notice of such election shall be published in a newspaper
of general circulation in the county or counties once each week for two
consecutive weeks. The first publication shall be not less than 21 days prior
to such election. Such notice shall set forth the time and place of holding the
election and the issue which the vote is to determine.
History: L. 1969, ch. 89, § 2;
L. 1970, ch. 366, § 12;
L. 1979, ch. 52, § 56;
L. 1980, ch. 70, § 4;
L. 1981, ch. 76, § 2;
L. 1981, ch. 173, § 32;
L. 1987, ch. 75, § 2;
L. 1999, ch. 42, § 1;
L. 2002, ch. 94, § 1;
L. 2004, ch. 110, § 1; Apr. 22.