12-3402.   Port authorities; purpose; creation;modification of official plan by certain port authorities; legislativeapproval; tax levy; election required; dissolution.(a) It is the purpose of this act to promote, stimulate and develop thegeneral welfare, economic development and prosperity of the state of Kansasby fostering the growth of intrastate and interstate commerce within the state;to promote the advancement and retention of ports within the state; toencourage and assist in the location of new business and industry in this stateand the expansion, relocation or retention of existing business and industrywhen so doing will help maintain existing levels of commerce within the stateor increase the movement of commodities, goods and products produced,manufactured or grown within or without the state through existing ports withinthe state or lead to the development of new ports within the state; and topromote the economic stability of the state by maintaining and providingemployment opportunities, thus promoting the general welfare of the citizens ofthis state, by authorizing port authorities to be established in each city andin each county of the state.

      A port authority shall be a public body corporate and politic which ifestablished shall be known as the "port authority" of the city or of thecounty. Joint port authorities may be created under authority of this act bycooperative agreement executed by the governing bodies of any city or county orcities or counties. Such joint authorities formed by such cooperative agreementshall have all the powers and jurisdiction enumerated in this act. Suchcreation shall be by ordinance or resolution. Except for port authoritiescreated prior to April 1, 1981, no port authority shall be created withoutapproval of the legislature by concurrent resolution. The authority shall nottransact any business or exercise powers hereunder until the passage ofa concurrent resolution by the legislature as hereinbefore provided.

      No port authority located in Cowley county shall modify, amend or extend theport authority's official plan as originally adopted by the port authority tochange the purpose for which it was created or alter the character of the workto be undertaken, as provided by K.S.A. 12-3406, and amendments thereto,without approval of the legislature by concurrent resolution. The portauthority shall not transact any business or exercise powers hereunderconcerning any business or actions related to such modification, amendment orextension of the original plan.

      A cooperative agreement creating a joint port authority may be amended by thegoverning bodies of the cities and counties which comprise such port authority.Any amendment to such a cooperative agreement, including amendments which allowother cities located within counties which are parties to the originalagreement to join in such agreement, shall not require approvalby the legislature.

      No member of the authority shall serve as such who owns land, other than aresidence, or represents in a fiduciary capacity or as agent any person whoowns land surveyed or examined for port locations, except that this prohibitionshall not prevent a user of a port facility from serving as a member of theauthority.

      A port authority may sue and be sued, plead and be impleaded, subject to thelimitations and other provisions of the Kansas tort claims act. The exercise bysuch port authority of the powers conferred upon it shall be deemed to beessential governmental functions of the creating city or county.

      (b)   Any city or county creating or participating in the creation of a portauthority, before any taxes are levied shall submit the question of whether anannual tax levy may be made on the assessed taxable tangible property of suchcity, county, or a combination thereof, and the amount thereof to the electorsof such city or county comprising such authority. If a majority of those votingon the question vote in favor of such tax levy, the same may be made for suchpurpose and to pay a portion of the principal and interest on bonds issuedunder the authority of K.S.A. 12-1774, and amendments thereto, by citieslocated in the county, and otherwise such tax levy shall not be made. If suchtax levy is approved, the authority may expend funds not otherwise appropriatedto defray the expense of surveys and examinations incidental to the purposes ofthe port authority and may expend funds for any of the purposes as set forth inK.S.A. 12-3406, and amendments thereto.

      (c)   Subject to making due provisions for payment and performance of itsobligations, a port authority may be dissolved by the city or county, orcombination thereof, comprising it. If the port authority is dissolved, theproperties of the port authority shall be transferred to the subdivisioncomprising it, or, if comprised by more than one city or county, to the city orcounty comprising it in such manner as may be agreed upon by them. Obligationsof the authority shall not be obligations of the state of Kansas, nor of anycity or county which creates the authority, unless the obligations arespecifically approved by a majority vote of the electors of such city or countyvoting on the issue. Notice of such election shall be published in a newspaperof general circulation in the county or counties once each week for twoconsecutive weeks. The first publication shall be not less than 21 days priorto such election. Such notice shall set forth the time and place of holding theelection 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.