12-3412.   Port authorities; contracts; public bids,when required;disadvantaged business enterprises; negotiation of sale or lease ofproperty, when; exemption concerning sale of certain real or personalproperty.(a) No contractfor the construction, alteration orrepair of any building,structure or other improvement undertaken by a port authority createdin accordance with K.S.A. 12-3402, and amendments thereto,and involving an expenditure exceeding$10,000 shall be awarded by the port authorityunless a notice calling for bids shall have been given by publication inthe Kansas register at least 30 days prior to the opening of such bids.No contract requiring public bids shall be awarded except to the lowestresponsible bidder,except when bids are received from one or more disadvantaged businessenterprises and any applicable funding guidelines require, such contractsmay be negotiated to assure disadvantaged businessparticipation in the project.Every contract awarded which requires public bids shall be in writing andsigned by the chairpersonof the port authority and by the contractor and, if the contractinvolves work or construction, it shall be accompanied by or shall referto plans and specifications for the work to be done, prepared for andapproved by the port authority.

      (b)   In exercising the port authority's power to sell real or personalproperty, the port authority may seek public bids upon specifications approvedby the port authority or the port authority may negotiate the sale of anyreal or personal property upon such terms as the port authority deems tobe in the public interest,except that a negotiated sale of any real or personal property shall besubject to the following:

      (1)   The current lessee of such property shall have the first right topurchase such property;

      (2)   such property shall be appraised by an independent appraiser priorto such sale of property; and

      (3)   such sale of property shall be for no less than the appraised valueof such property.

      (c)   Notwithstanding the provisions of this section or any other provisionof state law to the contrary, the provisions of subsection (b) shall not applyto any negotiated sale-purchase agreements, lease agreements, lease-purchaseagreements or lease agreements containing an option to purchase, installmentsale contracts, purchase options or other similar instruments entered into by aport authority prior to July 1, 1987, nor any amendments or restatements tosuch agreements, contracts, options or instruments that were made, entered intoor became effective after such date.

      History:   L. 1969, ch. 89, § 12;L. 1980, ch. 70, § 1;L. 1981, ch. 76, § 9;L. 1987, ch. 75, § 8;L. 2009, ch. 11, § 1; Apr. 2.