68-2301.Express highways and freeways; establishment of system;location; construction; transfer of funds to state highway fund;financing; allocation and programming of funds, priorities;feasibility studies ofdesignating portions of system as toll roads.(a) In order to provide for the construction of modern express highwaysand freeways to link the principal population centers of the state withthe major express highways and freeways in this and other states,facilitate vehicular traffic in the areas to be served, remove many ofthe present handicaps and hazards on the congested highways in the stateand promote the agricultural and industrial development of the state,the secretary of transportation is hereby authorized, empowered anddirected to establish and construct a state system of modern expresshighways and freeways. The express highways and freeways within saidsystem shall be constructed pursuant to the criteria established insubsection (b) of this section and shall be located by the secretary oftransportation within the following corridors:
(1) Commencing in the vicinity of the intersection of U.S. highway54 and the Kansas-Oklahoma border, thence proceeding in a northeasterlyand easterly direction, within a corridor including and generallydelineated by said U.S. highway 54, to the vicinity of the point inButler county where said U.S. highway 54 and state highway 96 divide;thence proceeding in an easterly and southeasterly direction, generallydescribed by said highway 96, to the vicinity of the juncture of statehighway 96 and state highway 39; thence in a southeasterly direction,within a corridor including and generally delineated by state highway96, U.S. highway 160 and state highway 57, to the Kansas-Missouriborder;
(2) Commencing in the vicinity of the intersection of interstatehighway 70 and U.S. highway 183, near the city of Hays in Ellis county;thence in a southeasterly direction to the general vicinity of theintersection of the east city limits of the city of Great Bend in Bartoncounty and state highway 96; thence in an easterly and southeasterlydirection, within a corridor including and generally delineated by statehighway 96, to the vicinity of the juncture of state highway 96 and U.S.highway 54 in Sedgwick county;
(3) Commencing in the vicinity of the intersection of the north citylimits of the city of Hutchinson in Reno county and state highway 61;thence in a northeasterly direction, within a corridor including andgenerally delineated by state highway 61, to a point near the south citylimits of the city of McPherson in McPherson county;
(4) Commencing in the vicinity of the intersection of U.S. highway75 and the Kansas-Nebraska border; thence in a southerly direction,within a corridor including and generally delineated by U.S. highway 75,to a point near the intersection of said U.S. highway 75 and theproposed right-of-way for interstate highway 35, in the vicinity of theOsage-Coffey county line;
(5) Commencing in the vicinity of the intersection of U.S. highway36 and the Kansas-Missouri border; thence in a westerly direction,within a corridor including and generally delineated by U.S. highway 36,to a point near the intersection of U.S. highways 36 and 81; thence in asoutherly direction to a point in the vicinity of the intersection ofsaid U.S. highway 81 and interstate highway 70;
(6) Commencing in the vicinity of the intersection of the citylimits of the city of Atchison in Atchison county and state highway 7;thence in a southerly direction to the vicinity of the intersection ofstate highway 7 and interstate highway 35, near the city of Olathe inJohnson county;
(7) Commencing in the vicinity of the intersection of U.S. highway69 and interstate highway 435; thence in a southerly direction, within acorridor including and generally delineated by U.S. highway 69, to theKansas-Oklahoma border;
(8) Commencing in the vicinity of the city of Lawrence in Douglascounty; thence in a southerly direction within a corridor which includesthe areas between U.S. highways 75, 59 and 169, to the Kansas-Oklahomaborder in the general vicinity of a point approximately between thecities of Caney and Coffeyville in Montgomery county; and
(9) Commencing in the vicinity of the intersection of the citylimits of the city of Lawrence in Douglas county and state highway 10;thence in an easterly direction, within a corridor including andgenerally delineated by state highway 10, to the vicinity of theintersection of interstate highway 35 and U.S. highways 50 and 56 in thecity of Merriam in Johnson county.
(b) All of the moneys deposited in the state freeway fund created inK.S.A. 79-3425, and amendments thereto, except moneysaccruing to such fund as a result of the interest or earnings from theinvestment of moneys in the state freeway fund or in the state freewayconstruction fund, as provided in subsection (d) of K.S.A. 68-2311, andamendments thereto, shallbe subject to transfer to the state highway fund, asprovided by K.S.A. 79-3425, and amendments thereto.After any such transfer, and subject to the provisions of K.S.A. 68-2311,and amendments thereto,the moneys remaining in the state freeway fund shall beexpended by the secretary of transportation for: The construction,reconstruction, improvement and maintenance of the state system ofexpress highways and freeways established in subsection (a) of thissection; for the retirement of highway bonds and highway refunding bondsissued under the provisions of this act; and for the purpose of makingpayments to the Kansas turnpike authority pursuant to the provisions ofK.S.A. 68-2096, and amendments thereto, except that such payments shall not be madefrom the interest or earnings from the investment of moneys in the statefreeway construction fund, as provided in K.S.A. 68-2311, and amendments thereto.Moneys in the state freeway fund may be transferred to the state highwayfund and may be expended from such fund for:
(1) The construction ofstate highways within the corridors designated in subsection (a) andapproved by the secretary of transportation prior to the effective dateof this act;
(2) the construction of bypass routes not exceeding five miles in length; and
(3) the reconstruction, improvement andmaintenance of state highways, whether or not such highways are withinthe corridors designated in subsection (a). Such reconstruction,improvement and maintenance shall be according to need as determined bypriorities assigned to such state highways by the secretary oftransportation in accordance with established standards and criteria.
The allocation and programming of funds within the state system ineach fiscal year shall be according to need, as determined by a scheduleof priorities assigned to segments of the existing highways whichgenerally delineate the corridors of said state system of expresshighways and freeways. The secretary of transportation shall determinethe length of each such segment in establishing said priorities, and theschedule of priorities shall be updated every four years on thebasis of current criteria at that time. Immediately after the effectivedate of this act, the secretary of transportation shall evaluate theschedule of priorities and, where necessary, reestablish such schedulein accordance with the following standards and criteria: Except where itis specifically provided by law that any of the highways to beconstructed within the corridors designated in subsection (a) shall beconstructed so as to include multiple lanes in each direction onroadways separated by a median, barrier or other center division, allhighways constructed within the state system of modern express highwaysand freeways after the effective date of this act may be constructedeither with multiple lanes in each direction on roadways separated by amedian, barrier or other center division or may be constructed with twolanes on a single roadway. Whenever the secretary of transportationdeems it necessary and appropriate for the safety of vehicular traffic,such highways shall be designed and constructed to include controlledaccess, passing lanes, expanded shoulder width, long-sight distances,grade separations at intersections with other roads and highways andrailroads. Nothing herein shall be construed as abrogating, limiting orotherwise affecting the construction of any highway for which bids forthe construction thereof have been solicited and received prior to theeffective date of this act, nor shall the foregoing be construed asprecluding the secretary of transportation, whenever the secretary deemsit feasible and appropriate, from acquiring right-of-way sufficient toaccommodate the eventual construction of multiple-lane divided highwayswithin any corridor designated in subsection (a).
(c) In constructing or reconstructing the state system of modernexpress highways and freeways established in this section, the secretaryshall evaluate from time to time the feasibility of designating aportion or portions of any of the modern express highways and freewayswithin the system as a toll road. If the secretary shall determine thatthe designation of any such portion as a toll road is feasible, based onthe projected traffic, engineering, cost and financing of the proposedtoll road and a determination that adequate public funds forconstruction of such toll road are not available and that theconstruction of such toll road can be financed entirely through proceedsof the bonds issued pursuant to this act, the secretary shall submit tothe legislature a recommendation that such portion be constructed as atoll road. The recommendation, together with any supporting informationdeemed necessary by the secretary, may be submitted with or as a part ofthe annual report required of the secretary inK.S.A. 68-2315. Nothing in this subsection shall be construed as abrogating,limiting or otherwise affecting any obligations or duties imposed uponthe secretary of transportation under this section with respect to theconstruction, reconstruction, improvement and maintenance of the statesystem of modern express highways and freeways, including withoutlimitation location studies, engineering, right-of-way acquisition andpublic hearings, nor shall it affect in any way the allocation,programming or priority of funds therefor.
History: L. 1969, ch. 462, § 18; L. 1972, ch. 252, § 12; L.1974, ch. 276, § 8; L. 1975, ch. 357, § 1; L. 1975, ch. 427, §226; L. 1979, ch. 323, § 8;L. 1989, ch. 209, § 30; July 1.
68-2301.Express highways and freeways; establishment of system;location; construction; transfer of funds to state highway fund;financing; allocation and programming of funds, priorities;feasibility studies ofdesignating portions of system as toll roads.(a) In order to provide for the construction of modern express highwaysand freeways to link the principal population centers of the state withthe major express highways and freeways in this and other states,facilitate vehicular traffic in the areas to be served, remove many ofthe present handicaps and hazards on the congested highways in the stateand promote the agricultural and industrial development of the state,the secretary of transportation is hereby authorized, empowered anddirected to establish and construct a state system of modern expresshighways and freeways. The express highways and freeways within saidsystem shall be constructed pursuant to the criteria established insubsection (b) of this section and shall be located by the secretary oftransportation within the following corridors:
(1) Commencing in the vicinity of the intersection of U.S. highway54 and the Kansas-Oklahoma border, thence proceeding in a northeasterlyand easterly direction, within a corridor including and generallydelineated by said U.S. highway 54, to the vicinity of the point inButler county where said U.S. highway 54 and state highway 96 divide;thence proceeding in an easterly and southeasterly direction, generallydescribed by said highway 96, to the vicinity of the juncture of statehighway 96 and state highway 39; thence in a southeasterly direction,within a corridor including and generally delineated by state highway96, U.S. highway 160 and state highway 57, to the Kansas-Missouriborder;
(2) Commencing in the vicinity of the intersection of interstatehighway 70 and U.S. highway 183, near the city of Hays in Ellis county;thence in a southeasterly direction to the general vicinity of theintersection of the east city limits of the city of Great Bend in Bartoncounty and state highway 96; thence in an easterly and southeasterlydirection, within a corridor including and generally delineated by statehighway 96, to the vicinity of the juncture of state highway 96 and U.S.highway 54 in Sedgwick county;
(3) Commencing in the vicinity of the intersection of the north citylimits of the city of Hutchinson in Reno county and state highway 61;thence in a northeasterly direction, within a corridor including andgenerally delineated by state highway 61, to a point near the south citylimits of the city of McPherson in McPherson county;
(4) Commencing in the vicinity of the intersection of U.S. highway75 and the Kansas-Nebraska border; thence in a southerly direction,within a corridor including and generally delineated by U.S. highway 75,to a point near the intersection of said U.S. highway 75 and theproposed right-of-way for interstate highway 35, in the vicinity of theOsage-Coffey county line;
(5) Commencing in the vicinity of the intersection of U.S. highway36 and the Kansas-Missouri border; thence in a westerly direction,within a corridor including and generally delineated by U.S. highway 36,to a point near the intersection of U.S. highways 36 and 81; thence in asoutherly direction to a point in the vicinity of the intersection ofsaid U.S. highway 81 and interstate highway 70;
(6) Commencing in the vicinity of the intersection of the citylimits of the city of Atchison in Atchison county and state highway 7;thence in a southerly direction to the vicinity of the intersection ofstate highway 7 and interstate highway 35, near the city of Olathe inJohnson county;
(7) Commencing in the vicinity of the intersection of U.S. highway69 and interstate highway 435; thence in a southerly direction, within acorridor including and generally delineated by U.S. highway 69, to theKansas-Oklahoma border;
(8) Commencing in the vicinity of the city of Lawrence in Douglascounty; thence in a southerly direction within a corridor which includesthe areas between U.S. highways 75, 59 and 169, to the Kansas-Oklahomaborder in the general vicinity of a point approximately between thecities of Caney and Coffeyville in Montgomery county; and
(9) Commencing in the vicinity of the intersection of the citylimits of the city of Lawrence in Douglas county and state highway 10;thence in an easterly direction, within a corridor including andgenerally delineated by state highway 10, to the vicinity of theintersection of interstate highway 35 and U.S. highways 50 and 56 in thecity of Merriam in Johnson county.
(b) All of the moneys deposited in the state freeway fund created inK.S.A. 79-3425, and amendments thereto, except moneysaccruing to such fund as a result of the interest or earnings from theinvestment of moneys in the state freeway fund or in the state freewayconstruction fund, as provided in subsection (d) of K.S.A. 68-2311, andamendments thereto, shallbe subject to transfer to the state highway fund, asprovided by K.S.A. 79-3425, and amendments thereto.After any such transfer, and subject to the provisions of K.S.A. 68-2311,and amendments thereto,the moneys remaining in the state freeway fund shall beexpended by the secretary of transportation for: The construction,reconstruction, improvement and maintenance of the state system ofexpress highways and freeways established in subsection (a) of thissection; for the retirement of highway bonds and highway refunding bondsissued under the provisions of this act; and for the purpose of makingpayments to the Kansas turnpike authority pursuant to the provisions ofK.S.A. 68-2096, and amendments thereto, except that such payments shall not be madefrom the interest or earnings from the investment of moneys in the statefreeway construction fund, as provided in K.S.A. 68-2311, and amendments thereto.Moneys in the state freeway fund may be transferred to the state highwayfund and may be expended from such fund for:
(1) The construction ofstate highways within the corridors designated in subsection (a) andapproved by the secretary of transportation prior to the effective dateof this act;
(2) the construction of bypass routes not exceeding five miles in length; and
(3) the reconstruction, improvement andmaintenance of state highways, whether or not such highways are withinthe corridors designated in subsection (a). Such reconstruction,improvement and maintenance shall be according to need as determined bypriorities assigned to such state highways by the secretary oftransportation in accordance with established standards and criteria.
The allocation and programming of funds within the state system ineach fiscal year shall be according to need, as determined by a scheduleof priorities assigned to segments of the existing highways whichgenerally delineate the corridors of said state system of expresshighways and freeways. The secretary of transportation shall determinethe length of each such segment in establishing said priorities, and theschedule of priorities shall be updated every four years on thebasis of current criteria at that time. Immediately after the effectivedate of this act, the secretary of transportation shall evaluate theschedule of priorities and, where necessary, reestablish such schedulein accordance with the following standards and criteria: Except where itis specifically provided by law that any of the highways to beconstructed within the corridors designated in subsection (a) shall beconstructed so as to include multiple lanes in each direction onroadways separated by a median, barrier or other center division, allhighways constructed within the state system of modern express highwaysand freeways after the effective date of this act may be constructedeither with multiple lanes in each direction on roadways separated by amedian, barrier or other center division or may be constructed with twolanes on a single roadway. Whenever the secretary of transportationdeems it necessary and appropriate for the safety of vehicular traffic,such highways shall be designed and constructed to include controlledaccess, passing lanes, expanded shoulder width, long-sight distances,grade separations at intersections with other roads and highways andrailroads. Nothing herein shall be construed as abrogating, limiting orotherwise affecting the construction of any highway for which bids forthe construction thereof have been solicited and received prior to theeffective date of this act, nor shall the foregoing be construed asprecluding the secretary of transportation, whenever the secretary deemsit feasible and appropriate, from acquiring right-of-way sufficient toaccommodate the eventual construction of multiple-lane divided highwayswithin any corridor designated in subsection (a).
(c) In constructing or reconstructing the state system of modernexpress highways and freeways established in this section, the secretaryshall evaluate from time to time the feasibility of designating aportion or portions of any of the modern express highways and freewayswithin the system as a toll road. If the secretary shall determine thatthe designation of any such portion as a toll road is feasible, based onthe projected traffic, engineering, cost and financing of the proposedtoll road and a determination that adequate public funds forconstruction of such toll road are not available and that theconstruction of such toll road can be financed entirely through proceedsof the bonds issued pursuant to this act, the secretary shall submit tothe legislature a recommendation that such portion be constructed as atoll road. The recommendation, together with any supporting informationdeemed necessary by the secretary, may be submitted with or as a part ofthe annual report required of the secretary inK.S.A. 68-2315. Nothing in this subsection shall be construed as abrogating,limiting or otherwise affecting any obligations or duties imposed uponthe secretary of transportation under this section with respect to theconstruction, reconstruction, improvement and maintenance of the statesystem of modern express highways and freeways, including withoutlimitation location studies, engineering, right-of-way acquisition andpublic hearings, nor shall it affect in any way the allocation,programming or priority of funds therefor.
History: L. 1969, ch. 462, § 18; L. 1972, ch. 252, § 12; L.1974, ch. 276, § 8; L. 1975, ch. 357, § 1; L. 1975, ch. 427, §226; L. 1979, ch. 323, § 8;L. 1989, ch. 209, § 30; July 1.
68-2301.Express highways and freeways; establishment of system;location; construction; transfer of funds to state highway fund;financing; allocation and programming of funds, priorities;feasibility studies ofdesignating portions of system as toll roads.(a) In order to provide for the construction of modern express highwaysand freeways to link the principal population centers of the state withthe major express highways and freeways in this and other states,facilitate vehicular traffic in the areas to be served, remove many ofthe present handicaps and hazards on the congested highways in the stateand promote the agricultural and industrial development of the state,the secretary of transportation is hereby authorized, empowered anddirected to establish and construct a state system of modern expresshighways and freeways. The express highways and freeways within saidsystem shall be constructed pursuant to the criteria established insubsection (b) of this section and shall be located by the secretary oftransportation within the following corridors:
(1) Commencing in the vicinity of the intersection of U.S. highway54 and the Kansas-Oklahoma border, thence proceeding in a northeasterlyand easterly direction, within a corridor including and generallydelineated by said U.S. highway 54, to the vicinity of the point inButler county where said U.S. highway 54 and state highway 96 divide;thence proceeding in an easterly and southeasterly direction, generallydescribed by said highway 96, to the vicinity of the juncture of statehighway 96 and state highway 39; thence in a southeasterly direction,within a corridor including and generally delineated by state highway96, U.S. highway 160 and state highway 57, to the Kansas-Missouriborder;
(2) Commencing in the vicinity of the intersection of interstatehighway 70 and U.S. highway 183, near the city of Hays in Ellis county;thence in a southeasterly direction to the general vicinity of theintersection of the east city limits of the city of Great Bend in Bartoncounty and state highway 96; thence in an easterly and southeasterlydirection, within a corridor including and generally delineated by statehighway 96, to the vicinity of the juncture of state highway 96 and U.S.highway 54 in Sedgwick county;
(3) Commencing in the vicinity of the intersection of the north citylimits of the city of Hutchinson in Reno county and state highway 61;thence in a northeasterly direction, within a corridor including andgenerally delineated by state highway 61, to a point near the south citylimits of the city of McPherson in McPherson county;
(4) Commencing in the vicinity of the intersection of U.S. highway75 and the Kansas-Nebraska border; thence in a southerly direction,within a corridor including and generally delineated by U.S. highway 75,to a point near the intersection of said U.S. highway 75 and theproposed right-of-way for interstate highway 35, in the vicinity of theOsage-Coffey county line;
(5) Commencing in the vicinity of the intersection of U.S. highway36 and the Kansas-Missouri border; thence in a westerly direction,within a corridor including and generally delineated by U.S. highway 36,to a point near the intersection of U.S. highways 36 and 81; thence in asoutherly direction to a point in the vicinity of the intersection ofsaid U.S. highway 81 and interstate highway 70;
(6) Commencing in the vicinity of the intersection of the citylimits of the city of Atchison in Atchison county and state highway 7;thence in a southerly direction to the vicinity of the intersection ofstate highway 7 and interstate highway 35, near the city of Olathe inJohnson county;
(7) Commencing in the vicinity of the intersection of U.S. highway69 and interstate highway 435; thence in a southerly direction, within acorridor including and generally delineated by U.S. highway 69, to theKansas-Oklahoma border;
(8) Commencing in the vicinity of the city of Lawrence in Douglascounty; thence in a southerly direction within a corridor which includesthe areas between U.S. highways 75, 59 and 169, to the Kansas-Oklahomaborder in the general vicinity of a point approximately between thecities of Caney and Coffeyville in Montgomery county; and
(9) Commencing in the vicinity of the intersection of the citylimits of the city of Lawrence in Douglas county and state highway 10;thence in an easterly direction, within a corridor including andgenerally delineated by state highway 10, to the vicinity of theintersection of interstate highway 35 and U.S. highways 50 and 56 in thecity of Merriam in Johnson county.
(b) All of the moneys deposited in the state freeway fund created inK.S.A. 79-3425, and amendments thereto, except moneysaccruing to such fund as a result of the interest or earnings from theinvestment of moneys in the state freeway fund or in the state freewayconstruction fund, as provided in subsection (d) of K.S.A. 68-2311, andamendments thereto, shallbe subject to transfer to the state highway fund, asprovided by K.S.A. 79-3425, and amendments thereto.After any such transfer, and subject to the provisions of K.S.A. 68-2311,and amendments thereto,the moneys remaining in the state freeway fund shall beexpended by the secretary of transportation for: The construction,reconstruction, improvement and maintenance of the state system ofexpress highways and freeways established in subsection (a) of thissection; for the retirement of highway bonds and highway refunding bondsissued under the provisions of this act; and for the purpose of makingpayments to the Kansas turnpike authority pursuant to the provisions ofK.S.A. 68-2096, and amendments thereto, except that such payments shall not be madefrom the interest or earnings from the investment of moneys in the statefreeway construction fund, as provided in K.S.A. 68-2311, and amendments thereto.Moneys in the state freeway fund may be transferred to the state highwayfund and may be expended from such fund for:
(1) The construction ofstate highways within the corridors designated in subsection (a) andapproved by the secretary of transportation prior to the effective dateof this act;
(2) the construction of bypass routes not exceeding five miles in length; and
(3) the reconstruction, improvement andmaintenance of state highways, whether or not such highways are withinthe corridors designated in subsection (a). Such reconstruction,improvement and maintenance shall be according to need as determined bypriorities assigned to such state highways by the secretary oftransportation in accordance with established standards and criteria.
The allocation and programming of funds within the state system ineach fiscal year shall be according to need, as determined by a scheduleof priorities assigned to segments of the existing highways whichgenerally delineate the corridors of said state system of expresshighways and freeways. The secretary of transportation shall determinethe length of each such segment in establishing said priorities, and theschedule of priorities shall be updated every four years on thebasis of current criteria at that time. Immediately after the effectivedate of this act, the secretary of transportation shall evaluate theschedule of priorities and, where necessary, reestablish such schedulein accordance with the following standards and criteria: Except where itis specifically provided by law that any of the highways to beconstructed within the corridors designated in subsection (a) shall beconstructed so as to include multiple lanes in each direction onroadways separated by a median, barrier or other center division, allhighways constructed within the state system of modern express highwaysand freeways after the effective date of this act may be constructedeither with multiple lanes in each direction on roadways separated by amedian, barrier or other center division or may be constructed with twolanes on a single roadway. Whenever the secretary of transportationdeems it necessary and appropriate for the safety of vehicular traffic,such highways shall be designed and constructed to include controlledaccess, passing lanes, expanded shoulder width, long-sight distances,grade separations at intersections with other roads and highways andrailroads. Nothing herein shall be construed as abrogating, limiting orotherwise affecting the construction of any highway for which bids forthe construction thereof have been solicited and received prior to theeffective date of this act, nor shall the foregoing be construed asprecluding the secretary of transportation, whenever the secretary deemsit feasible and appropriate, from acquiring right-of-way sufficient toaccommodate the eventual construction of multiple-lane divided highwayswithin any corridor designated in subsection (a).
(c) In constructing or reconstructing the state system of modernexpress highways and freeways established in this section, the secretaryshall evaluate from time to time the feasibility of designating aportion or portions of any of the modern express highways and freewayswithin the system as a toll road. If the secretary shall determine thatthe designation of any such portion as a toll road is feasible, based onthe projected traffic, engineering, cost and financing of the proposedtoll road and a determination that adequate public funds forconstruction of such toll road are not available and that theconstruction of such toll road can be financed entirely through proceedsof the bonds issued pursuant to this act, the secretary shall submit tothe legislature a recommendation that such portion be constructed as atoll road. The recommendation, together with any supporting informationdeemed necessary by the secretary, may be submitted with or as a part ofthe annual report required of the secretary inK.S.A. 68-2315. Nothing in this subsection shall be construed as abrogating,limiting or otherwise affecting any obligations or duties imposed uponthe secretary of transportation under this section with respect to theconstruction, reconstruction, improvement and maintenance of the statesystem of modern express highways and freeways, including withoutlimitation location studies, engineering, right-of-way acquisition andpublic hearings, nor shall it affect in any way the allocation,programming or priority of funds therefor.
History: L. 1969, ch. 462, § 18; L. 1972, ch. 252, § 12; L.1974, ch. 276, § 8; L. 1975, ch. 357, § 1; L. 1975, ch. 427, §226; L. 1979, ch. 323, § 8;L. 1989, ch. 209, § 30; July 1.
