12-2514.Mo-Kan metropolitan development district and agency compact;
commissioners.
The governor shall appoint, subject to confirmation by the senate as
provided in K.S.A. 75-4315b, three commissioners to enter into a compact on
behalf of the state of Kansas with the state of Missouri. Any two of the
commissioners so appointed, together with the attorney general of the state
of Kansas, may act to enter into the following compact:
Compact Between Missouri and Kansas Creating the Mo-Kan Metropolitan
Development District and the Mo-Kan Development Agency.
The states of Missouri and Kansas solemnly agree:
Article I
They agree to and pledge, each to the other, faithful cooperation in
the future planning and development of the Mo-Kan metropolitan
development district, holding in high trust for the benefit of its
people and of the nation, the special blessings and natural advantages
thereof.
Article II
There is created a district to be known as the "Missouri-Kansas
metropolitan development district" (hereinafter referred to as "the
district") which is composed of the counties of Jackson, Cass, Clay and
Platte in Missouri and the counties of Johnson, Leavenworth and
Wyandotte in Kansas.
Article III
There is created "the Mo-Kan development agency of the
Missouri-Kansas metropolitan development district" (hereinafter referred
to as "the Mo-Kan agency") which is body
corporate and politic and which has the following powers:
(1) To acquire by gift, purchase or lease, and to plan, construct,
operate and maintain, or lease to others for operation and maintenance,
bridges, tunnels, airports, wharves, docks, harbors, sewage disposal
plants, passenger transportation systems and facilities, and air, water,
rail, motor vehicle and other terminal facilities.
(2) To make plans for submission to the communities involved for the
coordination of streets, highways, parkways, parking areas, terminals,
water supply, sewage and garbage and sewage disposal works, educational,
health and welfare, recreational and conservation projects, land use
pattern and other matters in which joint or coordinate action of the
communities in the area is deemed generally beneficial; and to contract
with municipalities or other political subdivisions for the services or
use of any facility owned or operated by the Mo-Kan agency, or owned or
operated by any such municipality or other political subdivision.
(3) To charge and collect fees for the use of facilities owned and
operated by it.
(4) To issue negotiable refunding notes, bonds or other instruments
in writing for the purpose of refunding, extending or unifying the whole
or any part of its valid indebtedness from time to time outstanding,
whether evidenced by notes, bonds or other instruments in writing shall
not exceed in amount the principal of the outstanding indebtedness to be
refunded and the accrued interest thereon to the date of such refunding.
(5) To receive for its lawful activities contributions or moneys
appropriated by counties or municipalities, or by the federal government
or any agency or officer thereof.
(6) To receive for its lawful activities gifts or moneys contributed
by chartered charitable corporations or foundations.
(7) To disburse funds for its lawful activities and, within the
limits set forth by the legislatures of Missouri and Kansas, fix the
compensation of its officers and employees.
(8) To contract with any county, city, town, village or township
with respect to any of the powers herein granted.
(9) To perform all other necessary and incidental functions.
(10) To exercise such additional powers as may be conferred on it by
the legislature of either state concurred in by the legislature of the
other.
(11) To borrow money for the acquisition, planning, construction,
equipping, operation, maintenance, repair, extension and improvement of
any facility which it has the power to own or to operate, and to issue
the negotiable notes, bonds or other instruments in writing of the
Mo-Kan agency in evidence of the sum or sums to be borrowed.
(12) To provide that all negotiable notes, bonds or other
instruments in writing issued either pursuant to subdivision (4) or (11)
of this article shall be payable, both as to
principal and interest, out of the revenues collected for the use of the
specific facility owned or operated by the Mo-Kan agency for which the
negotiable notes, bonds or other instruments were issued, or out of any
other resources of the Mo-Kan agency, and may be further secured by a
mortgage or deed of trust upon any property owned by the Mo-Kan agency.
All notes, bonds or other instruments in writing issued by the Mo-Kan
agency as herein provided shall mature in not to exceed 40 years
from the date thereof, shall bear interest at a rate not exceeding the
maximum rate of interest prescribed by K.S.A. 10-1009, and shall be sold
for not less than 95% of the par value thereof.
The Mo-Kan agency shall have the power to prescribe the details on such
notes, bonds or other instruments in writing, and of the issuance and
sale thereof, and shall have power to enter into covenants with the
holders of such notes, bonds or other instruments in writing, not
inconsistent with the powers herein granted to the Mo-Kan agency,
without further legislative authority.
(13) To condemn any and all rights or property, of any kind or
character, necessary for the purposes of the Mo-Kan agency, subject
to the provisions of this compact. If the property to
be condemned be situated in the state of Kansas, the agency shall
follow the procedure of the act of the state of Kansas providing for the
exercise of the right of eminent domain, and if the property to be
condemned be situated in the state of Missouri, the agency shall
follow the procedure provided by the laws of the state of Missouri for
the appropriation of land or other property taken for telegraph,
telephone or railroad right-of-ways.
(14) To contract and to be contracted with, and to sue and to be
sued in contract.
Article IV
No property now or hereafter vested in or held by either state, or by
any county, municipality or other political subdivision thereof shall be
taken or used by the Mo-Kan agency without the authority or consent of
the state or political subdivision affected, and nothing herein impairs
or invalidates any bonded indebtedness of a state or political
subdivision or impairs any provisions of law regulating the payment of
revenues derived from municipal properties into sinking funds or the
dedication of revenues derived from municipal property to a specific
purpose.
Article V
Unless otherwise provided, the Mo-Kan agency shall make an annual
report to the governor of each state setting forth in detail the
operations and transactions conducted by it pursuant to this agreement
and any legislation enacted thereunder.
Article VI
Nothing in this compact impairs the power of any municipality to
improve terminal or other facilities.
Article VII
The Mo-Kan agency shall from time to time make plans for the
development of the district. When such plans are approved by the
legislatures of the two contracting states, these plans shall be binding
upon both states with the same force and effect as provisions
incorporated in this compact.
Article VIII
The Mo-Kan agency may petition any interstate commerce commission (or
like body), any public service commission, public utilities commission
(or like body) or any other federal, state, municipal, or local
authority, administrative, judicial or legislative, having jurisdiction
in the premises, for the adoption and execution of any physical
improvements, changes in method, rates of transportation, systems of
handling freight, warehousing, docking, lightering or transfer of
freight which, in the opinion of the Mo-Kan agency, may be designed to
improve the transaction of commerce in and through the district or
improve terminal and transportation facilities therein. It may intervene
in any proceeding affecting the commerce of the district.
Article IX
The Mo-Kan agency shall consist of 10 commissioners, five of whom
shall be resident voters of the state of Missouri and five of whom shall
be resident voters of the state of Kansas. All commissioners shall
reside within the Mo-Kan district. The Missouri members shall be chosen
by the state of Missouri and the Kansas members by the state of Kansas
in the manner and for the terms fixed by the legislature of each state
except as herein provided.
Article X
1. The Mo-Kan agency shall elect from its number a chairperson and a
vice-chairperson and may appoint such other officers as it may require for
the performance of its duties and fix and determine their qualifications
and duties.
2. Unless otherwise determined by the legislatures of the two
states, no action of the Mo-Kan agency shall be binding unless taken at
a meeting at which at least three members from each state are present,
and unless a majority of the commissioners shall vote in favor thereof.
Each state reserves the right to provide by law for the exercise of the
veto by its governor over any action of any of its commissioners.
3. Unless otherwise determined by the action of the legislatures of
the two states, the Mo-Kan agency shall not incur obligations for
salaries, office or other administrative expenses until appropriations
adequate to meet such obligations have been made.
4. The Mo-Kan agency is authorized to make suitable rules and
regulations not inconsistent with the constitution or laws of the United
States or of either of the contracting states, or of any political
subdivision thereof, and subject to the exercise of the powers of
congress, for the improvement of the district, which when concurred in
or authorized by the legislatures of both states, shall be binding and
effective upon all persons and corporations affected.
5. The two contracting states shall provide penalties for violations
of any order or rules and regulations of the Mo-Kan agency and shall provide
for the manner of enforcing the same.
Article XI
1. The Mo-Kan agency is authorized and directed to proceed with the
development of the district in accordance with the articles of this
compact as rapidly as may be economically practicable and is vested with
all necessary and appropriate powers not inconsistent with the
constitution or the laws of the United States or of either state to
effectuate the same, except the power to levy assessments or taxes.
2. The Mo-Kan agency shall render such advice, suggestions and
assistance to all municipal officials as will permit all local and
municipal improvements, so far as practicable, to be integrated with the
plans for the development of the district.
Article XII
All property, real and personal, owned or held by the Mo-Kan agency,
and all interest income derived from any notes, bonds or other
instruments in writing issued by the Mo-Kan agency, shall possess the
same status, with respect to taxation in the state of its situs, as is
now or may hereafter be possessed by property, real and personal, owned
or held by cities within the state of situs and by the interest income
derived from notes, bonds or other instruments in writing issued by such
cities.
Article XIII
Any notes, bonds or other instruments in writing issued by the Mo-Kan
agency pursuant to the provisions of this compact are hereby
recognized to be securities in which all state and municipal officers
and bodies, all banks, bankers, trust companies, savings banks, savings
associations, building and loan associations, investment companies, and
all other persons carrying on a banking business, all insurance
companies, insurance associations, and other persons carrying on an
insurance business, and all administrators, executors, guardians,
trustees and other fiduciaries and all other persons whatsoever who are
now or who may hereafter be authorized to invest in bonds or other
obligations of the state of Kansas may properly and legally invest any
funds, including capital, belonging to them, or within their control;
and the said obligations are hereby recognized as securities which may
properly and legally be deposited with and shall be received by any
state or municipal officer or agency for any purpose for which the
deposit of bonds or other obligations of this state is now or may
hereafter be authorized.
Article XIV
In Witness Whereof, we have hereunto set our hands and seals
under the authority vested in us by law.
In the presence of:
(Signed)
History: L. 1957, ch. 198 § 1; L. 1965, ch. 112, §
1; L. 1970, ch. 64, § 18; L. 1978, ch. 99, § 12; L. 1982, ch. 347, § 3; July 1.
12-2514.Mo-Kan metropolitan development district and agency compact;
commissioners.
The governor shall appoint, subject to confirmation by the senate as
provided in K.S.A. 75-4315b, three commissioners to enter into a compact on
behalf of the state of Kansas with the state of Missouri. Any two of the
commissioners so appointed, together with the attorney general of the state
of Kansas, may act to enter into the following compact:
Compact Between Missouri and Kansas Creating the Mo-Kan Metropolitan
Development District and the Mo-Kan Development Agency.
The states of Missouri and Kansas solemnly agree:
Article I
They agree to and pledge, each to the other, faithful cooperation in
the future planning and development of the Mo-Kan metropolitan
development district, holding in high trust for the benefit of its
people and of the nation, the special blessings and natural advantages
thereof.
Article II
There is created a district to be known as the "Missouri-Kansas
metropolitan development district" (hereinafter referred to as "the
district") which is composed of the counties of Jackson, Cass, Clay and
Platte in Missouri and the counties of Johnson, Leavenworth and
Wyandotte in Kansas.
Article III
There is created "the Mo-Kan development agency of the
Missouri-Kansas metropolitan development district" (hereinafter referred
to as "the Mo-Kan agency") which is body
corporate and politic and which has the following powers:
(1) To acquire by gift, purchase or lease, and to plan, construct,
operate and maintain, or lease to others for operation and maintenance,
bridges, tunnels, airports, wharves, docks, harbors, sewage disposal
plants, passenger transportation systems and facilities, and air, water,
rail, motor vehicle and other terminal facilities.
(2) To make plans for submission to the communities involved for the
coordination of streets, highways, parkways, parking areas, terminals,
water supply, sewage and garbage and sewage disposal works, educational,
health and welfare, recreational and conservation projects, land use
pattern and other matters in which joint or coordinate action of the
communities in the area is deemed generally beneficial; and to contract
with municipalities or other political subdivisions for the services or
use of any facility owned or operated by the Mo-Kan agency, or owned or
operated by any such municipality or other political subdivision.
(3) To charge and collect fees for the use of facilities owned and
operated by it.
(4) To issue negotiable refunding notes, bonds or other instruments
in writing for the purpose of refunding, extending or unifying the whole
or any part of its valid indebtedness from time to time outstanding,
whether evidenced by notes, bonds or other instruments in writing shall
not exceed in amount the principal of the outstanding indebtedness to be
refunded and the accrued interest thereon to the date of such refunding.
(5) To receive for its lawful activities contributions or moneys
appropriated by counties or municipalities, or by the federal government
or any agency or officer thereof.
(6) To receive for its lawful activities gifts or moneys contributed
by chartered charitable corporations or foundations.
(7) To disburse funds for its lawful activities and, within the
limits set forth by the legislatures of Missouri and Kansas, fix the
compensation of its officers and employees.
(8) To contract with any county, city, town, village or township
with respect to any of the powers herein granted.
(9) To perform all other necessary and incidental functions.
(10) To exercise such additional powers as may be conferred on it by
the legislature of either state concurred in by the legislature of the
other.
(11) To borrow money for the acquisition, planning, construction,
equipping, operation, maintenance, repair, extension and improvement of
any facility which it has the power to own or to operate, and to issue
the negotiable notes, bonds or other instruments in writing of the
Mo-Kan agency in evidence of the sum or sums to be borrowed.
(12) To provide that all negotiable notes, bonds or other
instruments in writing issued either pursuant to subdivision (4) or (11)
of this article shall be payable, both as to
principal and interest, out of the revenues collected for the use of the
specific facility owned or operated by the Mo-Kan agency for which the
negotiable notes, bonds or other instruments were issued, or out of any
other resources of the Mo-Kan agency, and may be further secured by a
mortgage or deed of trust upon any property owned by the Mo-Kan agency.
All notes, bonds or other instruments in writing issued by the Mo-Kan
agency as herein provided shall mature in not to exceed 40 years
from the date thereof, shall bear interest at a rate not exceeding the
maximum rate of interest prescribed by K.S.A. 10-1009, and shall be sold
for not less than 95% of the par value thereof.
The Mo-Kan agency shall have the power to prescribe the details on such
notes, bonds or other instruments in writing, and of the issuance and
sale thereof, and shall have power to enter into covenants with the
holders of such notes, bonds or other instruments in writing, not
inconsistent with the powers herein granted to the Mo-Kan agency,
without further legislative authority.
(13) To condemn any and all rights or property, of any kind or
character, necessary for the purposes of the Mo-Kan agency, subject
to the provisions of this compact. If the property to
be condemned be situated in the state of Kansas, the agency shall
follow the procedure of the act of the state of Kansas providing for the
exercise of the right of eminent domain, and if the property to be
condemned be situated in the state of Missouri, the agency shall
follow the procedure provided by the laws of the state of Missouri for
the appropriation of land or other property taken for telegraph,
telephone or railroad right-of-ways.
(14) To contract and to be contracted with, and to sue and to be
sued in contract.
Article IV
No property now or hereafter vested in or held by either state, or by
any county, municipality or other political subdivision thereof shall be
taken or used by the Mo-Kan agency without the authority or consent of
the state or political subdivision affected, and nothing herein impairs
or invalidates any bonded indebtedness of a state or political
subdivision or impairs any provisions of law regulating the payment of
revenues derived from municipal properties into sinking funds or the
dedication of revenues derived from municipal property to a specific
purpose.
Article V
Unless otherwise provided, the Mo-Kan agency shall make an annual
report to the governor of each state setting forth in detail the
operations and transactions conducted by it pursuant to this agreement
and any legislation enacted thereunder.
Article VI
Nothing in this compact impairs the power of any municipality to
improve terminal or other facilities.
Article VII
The Mo-Kan agency shall from time to time make plans for the
development of the district. When such plans are approved by the
legislatures of the two contracting states, these plans shall be binding
upon both states with the same force and effect as provisions
incorporated in this compact.
Article VIII
The Mo-Kan agency may petition any interstate commerce commission (or
like body), any public service commission, public utilities commission
(or like body) or any other federal, state, municipal, or local
authority, administrative, judicial or legislative, having jurisdiction
in the premises, for the adoption and execution of any physical
improvements, changes in method, rates of transportation, systems of
handling freight, warehousing, docking, lightering or transfer of
freight which, in the opinion of the Mo-Kan agency, may be designed to
improve the transaction of commerce in and through the district or
improve terminal and transportation facilities therein. It may intervene
in any proceeding affecting the commerce of the district.
Article IX
The Mo-Kan agency shall consist of 10 commissioners, five of whom
shall be resident voters of the state of Missouri and five of whom shall
be resident voters of the state of Kansas. All commissioners shall
reside within the Mo-Kan district. The Missouri members shall be chosen
by the state of Missouri and the Kansas members by the state of Kansas
in the manner and for the terms fixed by the legislature of each state
except as herein provided.
Article X
1. The Mo-Kan agency shall elect from its number a chairperson and a
vice-chairperson and may appoint such other officers as it may require for
the performance of its duties and fix and determine their qualifications
and duties.
2. Unless otherwise determined by the legislatures of the two
states, no action of the Mo-Kan agency shall be binding unless taken at
a meeting at which at least three members from each state are present,
and unless a majority of the commissioners shall vote in favor thereof.
Each state reserves the right to provide by law for the exercise of the
veto by its governor over any action of any of its commissioners.
3. Unless otherwise determined by the action of the legislatures of
the two states, the Mo-Kan agency shall not incur obligations for
salaries, office or other administrative expenses until appropriations
adequate to meet such obligations have been made.
4. The Mo-Kan agency is authorized to make suitable rules and
regulations not inconsistent with the constitution or laws of the United
States or of either of the contracting states, or of any political
subdivision thereof, and subject to the exercise of the powers of
congress, for the improvement of the district, which when concurred in
or authorized by the legislatures of both states, shall be binding and
effective upon all persons and corporations affected.
5. The two contracting states shall provide penalties for violations
of any order or rules and regulations of the Mo-Kan agency and shall provide
for the manner of enforcing the same.
Article XI
1. The Mo-Kan agency is authorized and directed to proceed with the
development of the district in accordance with the articles of this
compact as rapidly as may be economically practicable and is vested with
all necessary and appropriate powers not inconsistent with the
constitution or the laws of the United States or of either state to
effectuate the same, except the power to levy assessments or taxes.
2. The Mo-Kan agency shall render such advice, suggestions and
assistance to all municipal officials as will permit all local and
municipal improvements, so far as practicable, to be integrated with the
plans for the development of the district.
Article XII
All property, real and personal, owned or held by the Mo-Kan agency,
and all interest income derived from any notes, bonds or other
instruments in writing issued by the Mo-Kan agency, shall possess the
same status, with respect to taxation in the state of its situs, as is
now or may hereafter be possessed by property, real and personal, owned
or held by cities within the state of situs and by the interest income
derived from notes, bonds or other instruments in writing issued by such
cities.
Article XIII
Any notes, bonds or other instruments in writing issued by the Mo-Kan
agency pursuant to the provisions of this compact are hereby
recognized to be securities in which all state and municipal officers
and bodies, all banks, bankers, trust companies, savings banks, savings
associations, building and loan associations, investment companies, and
all other persons carrying on a banking business, all insurance
companies, insurance associations, and other persons carrying on an
insurance business, and all administrators, executors, guardians,
trustees and other fiduciaries and all other persons whatsoever who are
now or who may hereafter be authorized to invest in bonds or other
obligations of the state of Kansas may properly and legally invest any
funds, including capital, belonging to them, or within their control;
and the said obligations are hereby recognized as securities which may
properly and legally be deposited with and shall be received by any
state or municipal officer or agency for any purpose for which the
deposit of bonds or other obligations of this state is now or may
hereafter be authorized.
Article XIV
In Witness Whereof, we have hereunto set our hands and seals
under the authority vested in us by law.
In the presence of:
(Signed)
History: L. 1957, ch. 198 § 1; L. 1965, ch. 112, §
1; L. 1970, ch. 64, § 18; L. 1978, ch. 99, § 12; L. 1982, ch. 347, § 3; July 1.
12-2514.Mo-Kan metropolitan development district and agency compact;
commissioners.
The governor shall appoint, subject to confirmation by the senate as
provided in K.S.A. 75-4315b, three commissioners to enter into a compact on
behalf of the state of Kansas with the state of Missouri. Any two of the
commissioners so appointed, together with the attorney general of the state
of Kansas, may act to enter into the following compact:
Compact Between Missouri and Kansas Creating the Mo-Kan Metropolitan
Development District and the Mo-Kan Development Agency.
The states of Missouri and Kansas solemnly agree:
Article I
They agree to and pledge, each to the other, faithful cooperation in
the future planning and development of the Mo-Kan metropolitan
development district, holding in high trust for the benefit of its
people and of the nation, the special blessings and natural advantages
thereof.
Article II
There is created a district to be known as the "Missouri-Kansas
metropolitan development district" (hereinafter referred to as "the
district") which is composed of the counties of Jackson, Cass, Clay and
Platte in Missouri and the counties of Johnson, Leavenworth and
Wyandotte in Kansas.
Article III
There is created "the Mo-Kan development agency of the
Missouri-Kansas metropolitan development district" (hereinafter referred
to as "the Mo-Kan agency") which is body
corporate and politic and which has the following powers:
(1) To acquire by gift, purchase or lease, and to plan, construct,
operate and maintain, or lease to others for operation and maintenance,
bridges, tunnels, airports, wharves, docks, harbors, sewage disposal
plants, passenger transportation systems and facilities, and air, water,
rail, motor vehicle and other terminal facilities.
(2) To make plans for submission to the communities involved for the
coordination of streets, highways, parkways, parking areas, terminals,
water supply, sewage and garbage and sewage disposal works, educational,
health and welfare, recreational and conservation projects, land use
pattern and other matters in which joint or coordinate action of the
communities in the area is deemed generally beneficial; and to contract
with municipalities or other political subdivisions for the services or
use of any facility owned or operated by the Mo-Kan agency, or owned or
operated by any such municipality or other political subdivision.
(3) To charge and collect fees for the use of facilities owned and
operated by it.
(4) To issue negotiable refunding notes, bonds or other instruments
in writing for the purpose of refunding, extending or unifying the whole
or any part of its valid indebtedness from time to time outstanding,
whether evidenced by notes, bonds or other instruments in writing shall
not exceed in amount the principal of the outstanding indebtedness to be
refunded and the accrued interest thereon to the date of such refunding.
(5) To receive for its lawful activities contributions or moneys
appropriated by counties or municipalities, or by the federal government
or any agency or officer thereof.
(6) To receive for its lawful activities gifts or moneys contributed
by chartered charitable corporations or foundations.
(7) To disburse funds for its lawful activities and, within the
limits set forth by the legislatures of Missouri and Kansas, fix the
compensation of its officers and employees.
(8) To contract with any county, city, town, village or township
with respect to any of the powers herein granted.
(9) To perform all other necessary and incidental functions.
(10) To exercise such additional powers as may be conferred on it by
the legislature of either state concurred in by the legislature of the
other.
(11) To borrow money for the acquisition, planning, construction,
equipping, operation, maintenance, repair, extension and improvement of
any facility which it has the power to own or to operate, and to issue
the negotiable notes, bonds or other instruments in writing of the
Mo-Kan agency in evidence of the sum or sums to be borrowed.
(12) To provide that all negotiable notes, bonds or other
instruments in writing issued either pursuant to subdivision (4) or (11)
of this article shall be payable, both as to
principal and interest, out of the revenues collected for the use of the
specific facility owned or operated by the Mo-Kan agency for which the
negotiable notes, bonds or other instruments were issued, or out of any
other resources of the Mo-Kan agency, and may be further secured by a
mortgage or deed of trust upon any property owned by the Mo-Kan agency.
All notes, bonds or other instruments in writing issued by the Mo-Kan
agency as herein provided shall mature in not to exceed 40 years
from the date thereof, shall bear interest at a rate not exceeding the
maximum rate of interest prescribed by K.S.A. 10-1009, and shall be sold
for not less than 95% of the par value thereof.
The Mo-Kan agency shall have the power to prescribe the details on such
notes, bonds or other instruments in writing, and of the issuance and
sale thereof, and shall have power to enter into covenants with the
holders of such notes, bonds or other instruments in writing, not
inconsistent with the powers herein granted to the Mo-Kan agency,
without further legislative authority.
(13) To condemn any and all rights or property, of any kind or
character, necessary for the purposes of the Mo-Kan agency, subject
to the provisions of this compact. If the property to
be condemned be situated in the state of Kansas, the agency shall
follow the procedure of the act of the state of Kansas providing for the
exercise of the right of eminent domain, and if the property to be
condemned be situated in the state of Missouri, the agency shall
follow the procedure provided by the laws of the state of Missouri for
the appropriation of land or other property taken for telegraph,
telephone or railroad right-of-ways.
(14) To contract and to be contracted with, and to sue and to be
sued in contract.
Article IV
No property now or hereafter vested in or held by either state, or by
any county, municipality or other political subdivision thereof shall be
taken or used by the Mo-Kan agency without the authority or consent of
the state or political subdivision affected, and nothing herein impairs
or invalidates any bonded indebtedness of a state or political
subdivision or impairs any provisions of law regulating the payment of
revenues derived from municipal properties into sinking funds or the
dedication of revenues derived from municipal property to a specific
purpose.
Article V
Unless otherwise provided, the Mo-Kan agency shall make an annual
report to the governor of each state setting forth in detail the
operations and transactions conducted by it pursuant to this agreement
and any legislation enacted thereunder.
Article VI
Nothing in this compact impairs the power of any municipality to
improve terminal or other facilities.
Article VII
The Mo-Kan agency shall from time to time make plans for the
development of the district. When such plans are approved by the
legislatures of the two contracting states, these plans shall be binding
upon both states with the same force and effect as provisions
incorporated in this compact.
Article VIII
The Mo-Kan agency may petition any interstate commerce commission (or
like body), any public service commission, public utilities commission
(or like body) or any other federal, state, municipal, or local
authority, administrative, judicial or legislative, having jurisdiction
in the premises, for the adoption and execution of any physical
improvements, changes in method, rates of transportation, systems of
handling freight, warehousing, docking, lightering or transfer of
freight which, in the opinion of the Mo-Kan agency, may be designed to
improve the transaction of commerce in and through the district or
improve terminal and transportation facilities therein. It may intervene
in any proceeding affecting the commerce of the district.
Article IX
The Mo-Kan agency shall consist of 10 commissioners, five of whom
shall be resident voters of the state of Missouri and five of whom shall
be resident voters of the state of Kansas. All commissioners shall
reside within the Mo-Kan district. The Missouri members shall be chosen
by the state of Missouri and the Kansas members by the state of Kansas
in the manner and for the terms fixed by the legislature of each state
except as herein provided.
Article X
1. The Mo-Kan agency shall elect from its number a chairperson and a
vice-chairperson and may appoint such other officers as it may require for
the performance of its duties and fix and determine their qualifications
and duties.
2. Unless otherwise determined by the legislatures of the two
states, no action of the Mo-Kan agency shall be binding unless taken at
a meeting at which at least three members from each state are present,
and unless a majority of the commissioners shall vote in favor thereof.
Each state reserves the right to provide by law for the exercise of the
veto by its governor over any action of any of its commissioners.
3. Unless otherwise determined by the action of the legislatures of
the two states, the Mo-Kan agency shall not incur obligations for
salaries, office or other administrative expenses until appropriations
adequate to meet such obligations have been made.
4. The Mo-Kan agency is authorized to make suitable rules and
regulations not inconsistent with the constitution or laws of the United
States or of either of the contracting states, or of any political
subdivision thereof, and subject to the exercise of the powers of
congress, for the improvement of the district, which when concurred in
or authorized by the legislatures of both states, shall be binding and
effective upon all persons and corporations affected.
5. The two contracting states shall provide penalties for violations
of any order or rules and regulations of the Mo-Kan agency and shall provide
for the manner of enforcing the same.
Article XI
1. The Mo-Kan agency is authorized and directed to proceed with the
development of the district in accordance with the articles of this
compact as rapidly as may be economically practicable and is vested with
all necessary and appropriate powers not inconsistent with the
constitution or the laws of the United States or of either state to
effectuate the same, except the power to levy assessments or taxes.
2. The Mo-Kan agency shall render such advice, suggestions and
assistance to all municipal officials as will permit all local and
municipal improvements, so far as practicable, to be integrated with the
plans for the development of the district.
Article XII
All property, real and personal, owned or held by the Mo-Kan agency,
and all interest income derived from any notes, bonds or other
instruments in writing issued by the Mo-Kan agency, shall possess the
same status, with respect to taxation in the state of its situs, as is
now or may hereafter be possessed by property, real and personal, owned
or held by cities within the state of situs and by the interest income
derived from notes, bonds or other instruments in writing issued by such
cities.
Article XIII
Any notes, bonds or other instruments in writing issued by the Mo-Kan
agency pursuant to the provisions of this compact are hereby
recognized to be securities in which all state and municipal officers
and bodies, all banks, bankers, trust companies, savings banks, savings
associations, building and loan associations, investment companies, and
all other persons carrying on a banking business, all insurance
companies, insurance associations, and other persons carrying on an
insurance business, and all administrators, executors, guardians,
trustees and other fiduciaries and all other persons whatsoever who are
now or who may hereafter be authorized to invest in bonds or other
obligations of the state of Kansas may properly and legally invest any
funds, including capital, belonging to them, or within their control;
and the said obligations are hereby recognized as securities which may
properly and legally be deposited with and shall be received by any
state or municipal officer or agency for any purpose for which the
deposit of bonds or other obligations of this state is now or may
hereafter be authorized.
Article XIV
In Witness Whereof, we have hereunto set our hands and seals
under the authority vested in us by law.
In the presence of:
(Signed)
History: L. 1957, ch. 198 § 1; L. 1965, ch. 112, §
1; L. 1970, ch. 64, § 18; L. 1978, ch. 99, § 12; L. 1982, ch. 347, § 3; July 1.