12-3412.Port authorities; contracts; public bids,
when required;
disadvantaged business enterprises; negotiation of sale or lease of
property, when; exemption concerning sale of certain real or personal
property.
(a) No contract
for the construction, alteration or
repair of any building,
structure or other improvement undertaken by a port authority created
in accordance with K.S.A. 12-3402, and amendments thereto,
and involving an expenditure exceeding
$10,000 shall be awarded by the port authority
unless a notice calling for bids shall have been given by publication in
the Kansas register at least 30 days prior to the opening of such bids.
No contract requiring public bids shall be awarded except to the lowest
responsible bidder,
except when bids are received from one or more disadvantaged business
enterprises and any applicable funding guidelines require, such contracts
may be negotiated to assure disadvantaged business
participation in the project.
Every contract awarded which requires public bids shall be in writing and
signed by the chairperson
of the port authority and by the contractor and, if the contract
involves work or construction, it shall be accompanied by or shall refer
to plans and specifications for the work to be done, prepared for and
approved by the port authority.
(b) In exercising the port authority's power to sell real or personal
property, the port authority may seek public bids upon specifications approved
by the port authority or the port authority may negotiate the sale of any
real or personal property upon such terms as the port authority deems to
be in the public interest,
except that a negotiated sale of any real or personal property shall be
subject to the following:
(1) The current lessee of such property shall have the first right to
purchase such property;
(2) such property shall be appraised by an independent appraiser prior
to such sale of property; and
(3) such sale of property shall be for no less than the appraised value
of such property.
(c) Notwithstanding the provisions of this section or any other provision
of state law to the contrary, the provisions of subsection (b) shall not apply
to any negotiated sale-purchase agreements, lease agreements, lease-purchase
agreements or lease agreements containing an option to purchase, installment
sale contracts, purchase options or other similar instruments entered into by a
port authority prior to July 1, 1987, nor any amendments or restatements to
such agreements, contracts, options or instruments that were made, entered into
or 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.
12-3412.Port authorities; contracts; public bids,
when required;
disadvantaged business enterprises; negotiation of sale or lease of
property, when; exemption concerning sale of certain real or personal
property.
(a) No contract
for the construction, alteration or
repair of any building,
structure or other improvement undertaken by a port authority created
in accordance with K.S.A. 12-3402, and amendments thereto,
and involving an expenditure exceeding
$10,000 shall be awarded by the port authority
unless a notice calling for bids shall have been given by publication in
the Kansas register at least 30 days prior to the opening of such bids.
No contract requiring public bids shall be awarded except to the lowest
responsible bidder,
except when bids are received from one or more disadvantaged business
enterprises and any applicable funding guidelines require, such contracts
may be negotiated to assure disadvantaged business
participation in the project.
Every contract awarded which requires public bids shall be in writing and
signed by the chairperson
of the port authority and by the contractor and, if the contract
involves work or construction, it shall be accompanied by or shall refer
to plans and specifications for the work to be done, prepared for and
approved by the port authority.
(b) In exercising the port authority's power to sell real or personal
property, the port authority may seek public bids upon specifications approved
by the port authority or the port authority may negotiate the sale of any
real or personal property upon such terms as the port authority deems to
be in the public interest,
except that a negotiated sale of any real or personal property shall be
subject to the following:
(1) The current lessee of such property shall have the first right to
purchase such property;
(2) such property shall be appraised by an independent appraiser prior
to such sale of property; and
(3) such sale of property shall be for no less than the appraised value
of such property.
(c) Notwithstanding the provisions of this section or any other provision
of state law to the contrary, the provisions of subsection (b) shall not apply
to any negotiated sale-purchase agreements, lease agreements, lease-purchase
agreements or lease agreements containing an option to purchase, installment
sale contracts, purchase options or other similar instruments entered into by a
port authority prior to July 1, 1987, nor any amendments or restatements to
such agreements, contracts, options or instruments that were made, entered into
or 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.
12-3412.Port authorities; contracts; public bids,
when required;
disadvantaged business enterprises; negotiation of sale or lease of
property, when; exemption concerning sale of certain real or personal
property.
(a) No contract
for the construction, alteration or
repair of any building,
structure or other improvement undertaken by a port authority created
in accordance with K.S.A. 12-3402, and amendments thereto,
and involving an expenditure exceeding
$10,000 shall be awarded by the port authority
unless a notice calling for bids shall have been given by publication in
the Kansas register at least 30 days prior to the opening of such bids.
No contract requiring public bids shall be awarded except to the lowest
responsible bidder,
except when bids are received from one or more disadvantaged business
enterprises and any applicable funding guidelines require, such contracts
may be negotiated to assure disadvantaged business
participation in the project.
Every contract awarded which requires public bids shall be in writing and
signed by the chairperson
of the port authority and by the contractor and, if the contract
involves work or construction, it shall be accompanied by or shall refer
to plans and specifications for the work to be done, prepared for and
approved by the port authority.
(b) In exercising the port authority's power to sell real or personal
property, the port authority may seek public bids upon specifications approved
by the port authority or the port authority may negotiate the sale of any
real or personal property upon such terms as the port authority deems to
be in the public interest,
except that a negotiated sale of any real or personal property shall be
subject to the following:
(1) The current lessee of such property shall have the first right to
purchase such property;
(2) such property shall be appraised by an independent appraiser prior
to such sale of property; and
(3) such sale of property shall be for no less than the appraised value
of such property.
(c) Notwithstanding the provisions of this section or any other provision
of state law to the contrary, the provisions of subsection (b) shall not apply
to any negotiated sale-purchase agreements, lease agreements, lease-purchase
agreements or lease agreements containing an option to purchase, installment
sale contracts, purchase options or other similar instruments entered into by a
port authority prior to July 1, 1987, nor any amendments or restatements to
such agreements, contracts, options or instruments that were made, entered into
or 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.