Compact between Missouri and Kansas--powers and dutiesof authority.
238.010. Within sixty days after October 13, 1965, thegovernor by and with the advice and consent of the senate shallappoint three commissioners to enter into a compact on behalf ofthe state of Missouri with the state of Kansas. If the senate isnot in session at the time for making any appointment, thegovernor shall make a temporary appointment as in case of avacancy. Any two of the commissioners so appointed, togetherwith the attorney general of the state of Missouri, may act toenter into the following compact:
COMPACT BETWEEN MISSOURI AND
KANSAS CREATING THE KANSAS CITY
AREA TRANSPORTATION DISTRICT
AND THE KANSAS CITY AREA
TRANSPORTATION AUTHORITY.
The States of Missouri and Kansas solemnly agree:
ARTICLE I
They agree to and pledge, each to the other, faithfulcooperation in the future planning and development of the KansasCity Area Transportation District, holding in high trust for thebenefit of its people and of the Nation, the special blessingsand natural advantages thereof.
ARTICLE II
To that end, the two States create a district to be known asthe Kansas City Area Transportation District (hereinafterreferred to as "The District"), which shall embrace the followingterritory: The Counties of Cass, Clay, Jackson and Platte inMissouri, and the Counties of Johnson, Leavenworth and Wyandottein Kansas.
ARTICLE III
There is created the Kansas City Area TransportationAuthority of the Kansas City Area Transportation District(hereinafter referred to as the "Authority"), which shall be abody corporate and politic and a political subdivision of theStates of Missouri and Kansas.
The Authority shall have the following powers:
(1) To acquire by gift, purchase or lease and to plan,construct, operate and maintain, or to lease to others foroperation and maintenance, passenger transportation systems andfacilities, either upon, above or below the ground.
(2) To charge and collect fees and rents for use of thefacilities owned or operated by it.
(3) To contract and to be contracted with, and to sue and tobe sued.
(4) To receive for its lawful activities any contributionsor moneys appropriated by municipalities, counties, or by theFederal Government or any agency or officer thereof or from anyother source.
(5) To disburse funds for its lawful activities and fixsalaries and wages of its officers and employees.
(6) To borrow money for the acquisition, planning,construction, equipping, operation, maintenance, repair,extension, and improvement of any facility which it has the powerto own or to operate or to own and to operate, and to issue thenegotiable notes, bonds or other instruments in writing of theAuthority in evidence of the sum or sums to be borrowed.
(7) To issue negotiable refunding notes, bonds or otherinstruments in writing for the purpose of refunding, extending orunifying the whole or any part of its valid indebtedness fromtime to time outstanding, whether evidenced by notes, bonds, orother instruments in writing, which refunding notes, bonds orother instruments in writing shall not exceed in amount theprincipal of the outstanding indebtedness to be refunded and theaccrued interest thereon to the date of such refunding.
(8) To provide that all negotiable notes, bonds and otherinstruments in writing issued either pursuant to subdivision (6)or pursuant to subdivision (7) hereof shall be payable, both asto principal and interest, out of the revenues collected for theuse of any facility or combination of facilities owned oroperated or owned and operated by the Authority, or out of anyother resources of the Authority, and may be further secured by amortgage or deed of trust upon any property owned by theAuthority. All notes, bonds or other instruments in writingissued by the Authority as herein provided shall mature in not toexceed thirty years from the date thereof, shall bear interest ata rate not exceeding six percent per annum, and shall be sold fornot less than ninety-five percent of the par value thereof. TheAuthority shall have the power to prescribe the details of suchnotes, bonds or other instruments in writing, and of the issuanceand sale thereof, and shall have the power to enter intocovenants with the holders of such notes, bonds or otherinstruments in writing, not inconsistent with the powers hereingranted to the Authority, without further legislative authority.
(9) To condemn any and all rights or property, of any kindor character, necessary for the purposes of the Authority,subject, however, to the provisions of this compact; provided,however, that no property now or hereafter vested in or held byeither State or by any county, city, village, township or otherpolitical subdivision, shall be taken by the Authority withoutthe authority or consent of such state, county, city, village,township or other political subdivision. If the property to becondemned be situated in the State of Kansas, the said Authorityshall follow the procedure of the Act of the State of Kansasproviding for the exercise of the right of eminent domain, and ifthe property to be condemned be situated in the State ofMissouri, the said Authority shall follow the procedure providedby the laws of the State of Missouri for the appropriation ofland or other property taken for telegraph, telephone or railroadrights-of-way.
(10) To petition any interstate commerce commission (or likebody), public service commission, public utilities commission (orlike body), or any other Federal, municipal, state or localauthority, administrative, judicial or legislative, havingjurisdiction in the premises, for the adoption of plans for andexecution of any physical improvements, change in method, rate oftransportation, which, in the opinion of the Authority, may bedesigned to improve or better the handling of commerce in andthrough the District, or improve terminal and transportationfacilities therein. It may intervene in any proceeding affectingthe commerce of the District.
(11) To perform all other necessary and incidentalfunctions; and to exercise such additional powers as shall beconferred on it by the Legislature of either State concurred inby the Legislature of the other and by Act of Congress.
ARTICLE IV
Nothing contained in this compact shall impair the powers ofany county, municipality or other political subdivision toacquire, own, operate, develop or improve any facility which theAuthority is given the right and power to own, operate, developor improve.
Nothing herein shall impair or invalidate in any way bondedindebtedness of either State or of any county, city, village,township or other political subdivision, nor impair theprovisions of law regulating the payment into sinking funds ofrevenues derived from municipal property or dedicating therevenues derived from any municipal property to a specificpurpose.
Unless and until otherwise provided, the Authority shall makean annual report to the Governor of each State, setting forth indetail the operations and transactions conducted by it pursuantto this compact and any legislation thereunder.
ARTICLE V
The Authority shall consist of ten Commissioners, five ofwhom shall be resident voters of the State of Missouri and fiveof whom shall be resident voters of the State of Kansas. AllCommissioners shall reside within the District, the Missourimembers to be chosen by the State of Missouri and the Kansasmembers by the State of Kansas, in the manner and for the termsfixed by the Legislature of each State except as herein provided.
ARTICLE VI
The Authority shall elect from its number a chairman, a vicechairman, and may appoint such officers and employees as it mayrequire for the performance of its duties, and shall fix anddetermine their qualifications and duties.
Until otherwise determined by the Legislature of the twoStates, no action of the Authority shall be binding unless takenat a meeting at which at least three members from each State arepresent, and unless a majority of the members from each State,present at such meeting, shall vote in favor thereof.
The two States shall provide penalties for violations of anyorder, rule or regulation of the Authority, and for the manner ofenforcing same.
ARTICLE VII
The Authority is authorized and directed to proceed to carryout its duties, functions and powers in accordance with thearticles of this compact as rapidly as may be economicallypracticable and is vested with all necessary and appropriatepowers not inconsistent with the Constitution or the Laws of theUnited States or of either State, to effectuate the same, exceptthe power to levy taxes or assessments.
IN WITNESS THEREOF, we have hereunto set our hands and sealsunder authority vested in us by law.
IN THE PRESENCE OF:.................. ..................
(L. 1965 p. 376 § 1)
(1972) Kansas City Area Transportation Authority is not a political subdivision exercising governmental functions. Kansas City Area Transportation Authority v. Ashley (Mo.), 478 S.W.2d 323.
Compact between Missouri and Kansas--powers and dutiesof authority.
238.010. Within sixty days after October 13, 1965, thegovernor by and with the advice and consent of the senate shallappoint three commissioners to enter into a compact on behalf ofthe state of Missouri with the state of Kansas. If the senate isnot in session at the time for making any appointment, thegovernor shall make a temporary appointment as in case of avacancy. Any two of the commissioners so appointed, togetherwith the attorney general of the state of Missouri, may act toenter into the following compact:
COMPACT BETWEEN MISSOURI AND
KANSAS CREATING THE KANSAS CITY
AREA TRANSPORTATION DISTRICT
AND THE KANSAS CITY AREA
TRANSPORTATION AUTHORITY.
The States of Missouri and Kansas solemnly agree:
ARTICLE I
They agree to and pledge, each to the other, faithfulcooperation in the future planning and development of the KansasCity Area Transportation District, holding in high trust for thebenefit of its people and of the Nation, the special blessingsand natural advantages thereof.
ARTICLE II
To that end, the two States create a district to be known asthe Kansas City Area Transportation District (hereinafterreferred to as "The District"), which shall embrace the followingterritory: The Counties of Cass, Clay, Jackson and Platte inMissouri, and the Counties of Johnson, Leavenworth and Wyandottein Kansas.
ARTICLE III
There is created the Kansas City Area TransportationAuthority of the Kansas City Area Transportation District(hereinafter referred to as the "Authority"), which shall be abody corporate and politic and a political subdivision of theStates of Missouri and Kansas.
The Authority shall have the following powers:
(1) To acquire by gift, purchase or lease and to plan,construct, operate and maintain, or to lease to others foroperation and maintenance, passenger transportation systems andfacilities, either upon, above or below the ground.
(2) To charge and collect fees and rents for use of thefacilities owned or operated by it.
(3) To contract and to be contracted with, and to sue and tobe sued.
(4) To receive for its lawful activities any contributionsor moneys appropriated by municipalities, counties, or by theFederal Government or any agency or officer thereof or from anyother source.
(5) To disburse funds for its lawful activities and fixsalaries and wages of its officers and employees.
(6) To borrow money for the acquisition, planning,construction, equipping, operation, maintenance, repair,extension, and improvement of any facility which it has the powerto own or to operate or to own and to operate, and to issue thenegotiable notes, bonds or other instruments in writing of theAuthority in evidence of the sum or sums to be borrowed.
(7) To issue negotiable refunding notes, bonds or otherinstruments in writing for the purpose of refunding, extending orunifying the whole or any part of its valid indebtedness fromtime to time outstanding, whether evidenced by notes, bonds, orother instruments in writing, which refunding notes, bonds orother instruments in writing shall not exceed in amount theprincipal of the outstanding indebtedness to be refunded and theaccrued interest thereon to the date of such refunding.
(8) To provide that all negotiable notes, bonds and otherinstruments in writing issued either pursuant to subdivision (6)or pursuant to subdivision (7) hereof shall be payable, both asto principal and interest, out of the revenues collected for theuse of any facility or combination of facilities owned oroperated or owned and operated by the Authority, or out of anyother resources of the Authority, and may be further secured by amortgage or deed of trust upon any property owned by theAuthority. All notes, bonds or other instruments in writingissued by the Authority as herein provided shall mature in not toexceed thirty years from the date thereof, shall bear interest ata rate not exceeding six percent per annum, and shall be sold fornot less than ninety-five percent of the par value thereof. TheAuthority shall have the power to prescribe the details of suchnotes, bonds or other instruments in writing, and of the issuanceand sale thereof, and shall have the power to enter intocovenants with the holders of such notes, bonds or otherinstruments in writing, not inconsistent with the powers hereingranted to the Authority, without further legislative authority.
(9) To condemn any and all rights or property, of any kindor character, necessary for the purposes of the Authority,subject, however, to the provisions of this compact; provided,however, that no property now or hereafter vested in or held byeither State or by any county, city, village, township or otherpolitical subdivision, shall be taken by the Authority withoutthe authority or consent of such state, county, city, village,township or other political subdivision. If the property to becondemned be situated in the State of Kansas, the said Authorityshall follow the procedure of the Act of the State of Kansasproviding for the exercise of the right of eminent domain, and ifthe property to be condemned be situated in the State ofMissouri, the said Authority shall follow the procedure providedby the laws of the State of Missouri for the appropriation ofland or other property taken for telegraph, telephone or railroadrights-of-way.
(10) To petition any interstate commerce commission (or likebody), public service commission, public utilities commission (orlike body), or any other Federal, municipal, state or localauthority, administrative, judicial or legislative, havingjurisdiction in the premises, for the adoption of plans for andexecution of any physical improvements, change in method, rate oftransportation, which, in the opinion of the Authority, may bedesigned to improve or better the handling of commerce in andthrough the District, or improve terminal and transportationfacilities therein. It may intervene in any proceeding affectingthe commerce of the District.
(11) To perform all other necessary and incidentalfunctions; and to exercise such additional powers as shall beconferred on it by the Legislature of either State concurred inby the Legislature of the other and by Act of Congress.
ARTICLE IV
Nothing contained in this compact shall impair the powers ofany county, municipality or other political subdivision toacquire, own, operate, develop or improve any facility which theAuthority is given the right and power to own, operate, developor improve.
Nothing herein shall impair or invalidate in any way bondedindebtedness of either State or of any county, city, village,township or other political subdivision, nor impair theprovisions of law regulating the payment into sinking funds ofrevenues derived from municipal property or dedicating therevenues derived from any municipal property to a specificpurpose.
Unless and until otherwise provided, the Authority shall makean annual report to the Governor of each State, setting forth indetail the operations and transactions conducted by it pursuantto this compact and any legislation thereunder.
ARTICLE V
The Authority shall consist of ten Commissioners, five ofwhom shall be resident voters of the State of Missouri and fiveof whom shall be resident voters of the State of Kansas. AllCommissioners shall reside within the District, the Missourimembers to be chosen by the State of Missouri and the Kansasmembers by the State of Kansas, in the manner and for the termsfixed by the Legislature of each State except as herein provided.
ARTICLE VI
The Authority shall elect from its number a chairman, a vicechairman, and may appoint such officers and employees as it mayrequire for the performance of its duties, and shall fix anddetermine their qualifications and duties.
Until otherwise determined by the Legislature of the twoStates, no action of the Authority shall be binding unless takenat a meeting at which at least three members from each State arepresent, and unless a majority of the members from each State,present at such meeting, shall vote in favor thereof.
The two States shall provide penalties for violations of anyorder, rule or regulation of the Authority, and for the manner ofenforcing same.
ARTICLE VII
The Authority is authorized and directed to proceed to carryout its duties, functions and powers in accordance with thearticles of this compact as rapidly as may be economicallypracticable and is vested with all necessary and appropriatepowers not inconsistent with the Constitution or the Laws of theUnited States or of either State, to effectuate the same, exceptthe power to levy taxes or assessments.
IN WITNESS THEREOF, we have hereunto set our hands and sealsunder authority vested in us by law.
IN THE PRESENCE OF:.................. ..................
(L. 1965 p. 376 § 1)
(1972) Kansas City Area Transportation Authority is not a political subdivision exercising governmental functions. Kansas City Area Transportation Authority v. Ashley (Mo.), 478 S.W.2d 323.
Compact between Missouri and Kansas--powers and dutiesof authority.
238.010. Within sixty days after October 13, 1965, thegovernor by and with the advice and consent of the senate shallappoint three commissioners to enter into a compact on behalf ofthe state of Missouri with the state of Kansas. If the senate isnot in session at the time for making any appointment, thegovernor shall make a temporary appointment as in case of avacancy. Any two of the commissioners so appointed, togetherwith the attorney general of the state of Missouri, may act toenter into the following compact:
COMPACT BETWEEN MISSOURI AND
KANSAS CREATING THE KANSAS CITY
AREA TRANSPORTATION DISTRICT
AND THE KANSAS CITY AREA
TRANSPORTATION AUTHORITY.
The States of Missouri and Kansas solemnly agree:
ARTICLE I
They agree to and pledge, each to the other, faithfulcooperation in the future planning and development of the KansasCity Area Transportation District, holding in high trust for thebenefit of its people and of the Nation, the special blessingsand natural advantages thereof.
ARTICLE II
To that end, the two States create a district to be known asthe Kansas City Area Transportation District (hereinafterreferred to as "The District"), which shall embrace the followingterritory: The Counties of Cass, Clay, Jackson and Platte inMissouri, and the Counties of Johnson, Leavenworth and Wyandottein Kansas.
ARTICLE III
There is created the Kansas City Area TransportationAuthority of the Kansas City Area Transportation District(hereinafter referred to as the "Authority"), which shall be abody corporate and politic and a political subdivision of theStates of Missouri and Kansas.
The Authority shall have the following powers:
(1) To acquire by gift, purchase or lease and to plan,construct, operate and maintain, or to lease to others foroperation and maintenance, passenger transportation systems andfacilities, either upon, above or below the ground.
(2) To charge and collect fees and rents for use of thefacilities owned or operated by it.
(3) To contract and to be contracted with, and to sue and tobe sued.
(4) To receive for its lawful activities any contributionsor moneys appropriated by municipalities, counties, or by theFederal Government or any agency or officer thereof or from anyother source.
(5) To disburse funds for its lawful activities and fixsalaries and wages of its officers and employees.
(6) To borrow money for the acquisition, planning,construction, equipping, operation, maintenance, repair,extension, and improvement of any facility which it has the powerto own or to operate or to own and to operate, and to issue thenegotiable notes, bonds or other instruments in writing of theAuthority in evidence of the sum or sums to be borrowed.
(7) To issue negotiable refunding notes, bonds or otherinstruments in writing for the purpose of refunding, extending orunifying the whole or any part of its valid indebtedness fromtime to time outstanding, whether evidenced by notes, bonds, orother instruments in writing, which refunding notes, bonds orother instruments in writing shall not exceed in amount theprincipal of the outstanding indebtedness to be refunded and theaccrued interest thereon to the date of such refunding.
(8) To provide that all negotiable notes, bonds and otherinstruments in writing issued either pursuant to subdivision (6)or pursuant to subdivision (7) hereof shall be payable, both asto principal and interest, out of the revenues collected for theuse of any facility or combination of facilities owned oroperated or owned and operated by the Authority, or out of anyother resources of the Authority, and may be further secured by amortgage or deed of trust upon any property owned by theAuthority. All notes, bonds or other instruments in writingissued by the Authority as herein provided shall mature in not toexceed thirty years from the date thereof, shall bear interest ata rate not exceeding six percent per annum, and shall be sold fornot less than ninety-five percent of the par value thereof. TheAuthority shall have the power to prescribe the details of suchnotes, bonds or other instruments in writing, and of the issuanceand sale thereof, and shall have the power to enter intocovenants with the holders of such notes, bonds or otherinstruments in writing, not inconsistent with the powers hereingranted to the Authority, without further legislative authority.
(9) To condemn any and all rights or property, of any kindor character, necessary for the purposes of the Authority,subject, however, to the provisions of this compact; provided,however, that no property now or hereafter vested in or held byeither State or by any county, city, village, township or otherpolitical subdivision, shall be taken by the Authority withoutthe authority or consent of such state, county, city, village,township or other political subdivision. If the property to becondemned be situated in the State of Kansas, the said Authorityshall follow the procedure of the Act of the State of Kansasproviding for the exercise of the right of eminent domain, and ifthe property to be condemned be situated in the State ofMissouri, the said Authority shall follow the procedure providedby the laws of the State of Missouri for the appropriation ofland or other property taken for telegraph, telephone or railroadrights-of-way.
(10) To petition any interstate commerce commission (or likebody), public service commission, public utilities commission (orlike body), or any other Federal, municipal, state or localauthority, administrative, judicial or legislative, havingjurisdiction in the premises, for the adoption of plans for andexecution of any physical improvements, change in method, rate oftransportation, which, in the opinion of the Authority, may bedesigned to improve or better the handling of commerce in andthrough the District, or improve terminal and transportationfacilities therein. It may intervene in any proceeding affectingthe commerce of the District.
(11) To perform all other necessary and incidentalfunctions; and to exercise such additional powers as shall beconferred on it by the Legislature of either State concurred inby the Legislature of the other and by Act of Congress.
ARTICLE IV
Nothing contained in this compact shall impair the powers ofany county, municipality or other political subdivision toacquire, own, operate, develop or improve any facility which theAuthority is given the right and power to own, operate, developor improve.
Nothing herein shall impair or invalidate in any way bondedindebtedness of either State or of any county, city, village,township or other political subdivision, nor impair theprovisions of law regulating the payment into sinking funds ofrevenues derived from municipal property or dedicating therevenues derived from any municipal property to a specificpurpose.
Unless and until otherwise provided, the Authority shall makean annual report to the Governor of each State, setting forth indetail the operations and transactions conducted by it pursuantto this compact and any legislation thereunder.
ARTICLE V
The Authority shall consist of ten Commissioners, five ofwhom shall be resident voters of the State of Missouri and fiveof whom shall be resident voters of the State of Kansas. AllCommissioners shall reside within the District, the Missourimembers to be chosen by the State of Missouri and the Kansasmembers by the State of Kansas, in the manner and for the termsfixed by the Legislature of each State except as herein provided.
ARTICLE VI
The Authority shall elect from its number a chairman, a vicechairman, and may appoint such officers and employees as it mayrequire for the performance of its duties, and shall fix anddetermine their qualifications and duties.
Until otherwise determined by the Legislature of the twoStates, no action of the Authority shall be binding unless takenat a meeting at which at least three members from each State arepresent, and unless a majority of the members from each State,present at such meeting, shall vote in favor thereof.
The two States shall provide penalties for violations of anyorder, rule or regulation of the Authority, and for the manner ofenforcing same.
ARTICLE VII
The Authority is authorized and directed to proceed to carryout its duties, functions and powers in accordance with thearticles of this compact as rapidly as may be economicallypracticable and is vested with all necessary and appropriatepowers not inconsistent with the Constitution or the Laws of theUnited States or of either State, to effectuate the same, exceptthe power to levy taxes or assessments.
IN WITNESS THEREOF, we have hereunto set our hands and sealsunder authority vested in us by law.
IN THE PRESENCE OF:.................. ..................
(L. 1965 p. 376 § 1)
(1972) Kansas City Area Transportation Authority is not a political subdivision exercising governmental functions. Kansas City Area Transportation Authority v. Ashley (Mo.), 478 S.W.2d 323.
