12-3406.   Same; statement of purpose and character ofwork to be undertaken; general powers and authority; limitations.A port authority established by K.S.A. 12-3402, and amendments thereto, shallclearly state the purpose for which it is to be created and the character ofthe work to be undertaken as a part of its official plan; and shall have fullpower and authority to:

      (a)   Purchase, acquire, construct, reconstruct, improve, equip, furnish,maintain, repair, enlarge, remodel, own, sell, lease, and operate docks,wharves, warehouses, piers, and other water-port facilities, airportfacilities, terminal facilities, land transportation facilities, railroadfacilities or industrial-use facilities within the area of its jurisdiction, asdefined by K.S.A. 12-3405, and amendments thereto, consistent with the purposeof the port authority, which purpose is hereby declared to be fora public purpose;

      (b) (1)   borrow money from private financial institutions, any agency of thestate of Kansas or of the United States of America or a private person orentity approved by the port authority, and to issue therefor such notes orother evidence of indebtedness as may be required and to mortgage, pledge, orotherwise encumber the assets of the authority as security therefor, or (2)issue bonds as provided in K.S.A. 12-3415, and amendments thereto;

      (c)   apply for, receive, and participate in any grants from the state ofKansas or from the United States of America;

      (d)   construct, straighten, deepen, and improve any canal, channel, river,stream, or other watercourse or way which may be necessary or proper in thedevelopment of the facilities of such port;

      (e)   purchase, acquire, own, maintain, furnish, improve, repair, enlarge,remodel, construct, reconstruct, equip, hold, sell, lease, or operate real orpersonal property for the authorized purposes of the port authority, whichexercise of such authority is hereby declared to be for a public purpose;

      (f)   apply to the proper authorities of the United States government for agrant within the limits of the port authority either individually or inconjunction with a corporate instrumentality of this state and one or morestates, or a bi-state compact or a not-for-profit corporation authorized to dobusiness in this state and to establish, operate and maintain foreign tradezones pursuant to the foreign trade-zone act, 19 U.S.C.A. 81a to 81u,inclusive, as amended;

      (g)   exercise the right of eminent domain, if approved by a 2/3 vote of thegoverning body of the port authority, to appropriate any land, rights,rights-of-way, franchises, easements, or other property, necessary or properfor the construction or the efficient operation of any facility of the portauthority and included in an official plan, pursuant to the procedure providedby law, if funds equal to the appraised value of the property to be acquired asthe result of such proceedings shall be on hand and available for suchpurposes. The port authority shall not exercise the right of eminent domainwithout first having received approval, by resolution, of the governing body ofthe city or county which created such port authority. If the port authority wascreated by two or more cities or counties, the port authority shall notexercise the right of eminent domain without first having received approval, byresolution, of the governing body of the city or county in which such propertyis located. If such property is located outside the boundaries of the portauthority, such port authority shall not exercise the right of eminent domainwithout first having received approval, by resolution, of the governing body ofthe city if such property is located within the corporate limits of a cityor from the board of county commissioners if such property is located withinthe unincorporated area of a county. A port authority shall not have the rightof eminent domain to acquire a site for an industrial-use facility. A portauthority shall not have the right of eminent domain to acquire any land orsite in Cowley county for which at least one of the purposes is arecreational-use purpose. If a port authority exercises the right of eminentdomain to acquire any land or site in Cowley county, such land or site shall beused only for the public purpose stated in the port authority's originalofficial plan and there shall be no private development on any such land orsite for a period of 30 years after the acquisition of any such land or site. Aport authority shall not exercise the right of eminent domain to acquire anyland or site prior to a showing that all required state and federal permits touse or develop any such land or site in the manner specified in the portauthority's official plan have been obtained.

      Nothing contained in K.S.A. 12-3401 to 12-3433, inclusive, and amendmentsthereto, shall authorize a port authority to take or disturb property orfacilities belonging to any public corporation, public utility, or commoncarrier, which property or facilities are necessary and convenient in theoperation of such public corporation, public utility, or common carrier, unlessprovision is made for the restoration, relocating, or duplication of suchproperty or facilities, or upon the election of such public corporation, publicutility, or common carrier for the payment of compensation, if any, at the solecost of the port authority.

      If any restoration or duplication proposed to be made hereunder shall involve arelocation of such property or facilities, the new facilities and locationshall be of at least comparable utilitarian value and effectiveness and suchrelocation shall not impair the ability of the public utility or common carrierto compete in its original area of operation.

      If any restoration or duplication made hereunder shall involve a relocation ofsuch property or facilities, the port authority shall acquire no interest orright in or to the appropriated property or facilities, except as provided insubsection (c) of K.S.A. 12-3406, and amendments thereto, until the relocatedproperty or facilities are available for use and until marketable title theretohas been transferred to the public utility or common carrier.

      Provisions for restoration, relocation, or duplication shall be described indetail in the plan specified in K.S.A. 12-3407, and amendments thereto;

      (h)   maintain such funds as it deems necessary;

      (i)   direct its agents or employees, when properly identified in writing, andafter at least five days' written notice, to enter upon lands within theconfines of its jurisdiction in order to make surveys and examinationspreliminary to location and construction of works for the purposes of the portauthority, without liability of the port authority or its agents or employeesexcept for actual damage done;

      (j)   sell, lease or convey real and personal property not needed for theoperation of the port authority and grant easements of rights-of-way overproperty of the port authority; and

      (k)   promote, advertise, and publicize the port and its facilities; providetraffic information and rate information to shippers and shipping interests.

      History:   L. 1969, ch. 89, § 6;L. 1973, ch. 60, § 2;L. 1980, ch. 70, § 5;L. 1981, ch. 76, § 4;L. 1987, ch. 75, § 5;L. 2003, ch. 28, § 1;L. 2004, ch. 110, § 2; Apr. 22.