reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 34 - Port Authorities › 12-3419 Same; payment of bonds from combined revenues; priorities; subsequent series of bonds, liens.

12-3419.
Same; payment of bonds from combined revenues; priorities; subsequent series of bonds, liens.
The board of directors of a port authority may in its discretion authorize one issue of bonds hereunder for the purpose of purchasing, acquiring, constructing, reconstructing, improving, equipping, furnishing, repairing, enlarging and remodeling of more than one building structure, project or facility, as herein defined, and may make such bonds payable from the combined revenues of all such buildings and facilities so constructed, acquired, improved or equipped, in whole or in part, with the proceeds of such bonds; together with revenues from the operation of any existing revenue producing buildings or facilities. If more than one series of bonds shall be issued hereunder, payable from the revenues of such buildings and facilities, priority of lien thereof as to such revenues shall be as prescribed by proceedings authorizing the issuance of such respective bond issues. It shall be within the discretion of the board of directors of such port authority at the time the first series of bonds is authorized, to provide that subsequent series of bonds payable from the same revenues, in whole or in part, shall not be issued; or that subsequent series of bonds shall be subordinate as to lien; or that subsequent series of bonds shall enjoy parity of lien upon such conditions and restrictions as are specified therein.
History:
L. 1969, ch. 89, § 19; L. 1981, ch. 76, § 15; April 18.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 34 - Port Authorities › 12-3420 Same; issuance of bonds and refunding bonds; approval required.

12-3420.
Same; issuance of bonds and refunding bonds; approval required.
The board of directors of a port authority may issue bonds hereunder for the purpose of refunding any bonds or other obligations of the port authority theretofore issued pursuant to this act; or it may authorize a single issue of bonds hereunder for the purpose in part of refunding such previous obligations and in part for the purchasing, acquiring, constructing, reconstructing, improving, equipping, repairing, enlarging and remodeling facilities of such port authority. The port authority shall not issue such refunding bonds without first having received approval, by resolution, of the governing body of the cities or counties which comprise such port authority.
Where bonds are issued under this section solely for refunding purposes, such bonds either may be sold as provided in K.S.A. 12-3428, and amendments thereto, or may be exchanged for outstanding obligations. If sold, the proceeds either may be applied to payment of obligations refunded or may be deposited in escrow for the retirement thereof. All refunding bonds issued under this section shall in all respects be authorized, issued and secured in the manner provided for other bonds issued under this act and shall have all attributes of such bonds. Except as otherwise provided in this section, all refunding bonds issued hereunder shall be issued in the manner prescribed by and subject to the provisions of K.S.A. 10-116a, and amendments thereto. The board of directors may provide that any such refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was provided for obligations refunded thereby.
History:
L. 1969, ch. 89, § 20; L. 1977, ch. 58, § 8; L. 1981, ch. 76, § 16; L. 1987, ch. 75, § 14; L. 2002, ch. 94, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 34 - Port Authorities › 12-3421 Same; bonds not debt of state, county or city, exception; special obligations, required recitals.

12-3421.
Same; bonds not debt of state, county or city, exception; special obligations, required recitals.
No bonds issued under provisions of this act shall ever become a debt or obligation of the state of Kansas, nor shall the faith and credit of the state of Kansas be pledged in whole or in part, directly or indirectly, for the payment of such bonds, or interest thereon, except if so authorized by election as provided in subsection (c) of K.S.A. 12-3402. Bonds issued under this act shall not be an indebtedness of any county or counties, or any city or cities, which shall have created or joined in the formation of the port authority issuing the same. All bonds issued pursuant to this act shall be special obligations of the port authority concerned, payable solely from the revenues of the buildings and facilities referred to therein. Such bonds shall contain on the face thereof a statement to the effect that neither the state, nor any county or city concerned shall be obligated to pay the same, or the interest thereon, except from revenues of such facilities; and that neither the faith and credit nor the taxing power of the state or any political subdivision thereof is pledged or may hereafter be pledged to the payment of principal of or interest on such bonds.
History:
L. 1969, ch. 89, § 21; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 34 - Port Authorities › 12-3423 Same; agreement with federal government.

12-3423.
Same; agreement with federal government.
The board of directors of a port authority may enter into any agreement or contract with the United States of America or any agency or instrumentality thereof which it may consider advisable or necessary in order to obtain a grant of funds, a contract for purchase of its bonds, or any other aid or assistance in connection with the construction, addition, furnishing and equipping of any building or facility as herein defined.
History:
L. 1969, ch. 89, § 23; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 34 - Port Authorities › 12-3424 Same; segregation and use of proceeds; contracts for buildings and facilities.

12-3424.
Same; segregation and use of proceeds; contracts for buildings and facilities.
The proceeds to be derived from the sale of bonds herein authorized shall be segregated and used solely for the purpose for which the bonds are authorized. The board of directors of a port authority is authorized to make any contracts and execute all instruments which in its discretion may be deemed necessary or advisable to provide for the construction, furnishing and equipping of any building or facility as herein defined.
History:
L. 1969, ch. 89, § 24; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 34 - Port Authorities › 12-3425 Same; approval of bonds by attorney general; effect.

12-3425.
Same; approval of bonds by attorney general; effect.
All bonds issued hereunder shall be submitted to the attorney general of Kansas for examination, and when such bonds have been examined and certified as legal obligations of the issuing authority by the attorney general in accordance with such requirements as he or she may make, the same shall be incontestable in any court in the state of Kansas unless suit thereon shall be brought in a court having jurisdiction thereof within ninety (90) days from the date of such approval.
History:
L. 1969, ch. 89, § 25; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 34 - Port Authorities › 12-3426 Same; investments in bonds of authority authorized.

12-3426.
Same; investments in bonds of authority authorized.
Bonds issued under the provisions of this act are hereby made securities in which all banks, trust companies, savings and loan associations, investment companies, and others carrying on a banking business; all insurance companies and insurance agencies and others carrying on an insurance business, may lawfully invest funds, including capital funds, under their control or belonging to them, providing such bonds shall not be used by any depository as security for any public funds.
History:
L. 1969, ch. 89, § 26; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 34 - Port Authorities › 12-3427 Same; borrowing money in anticipation of issuance of bonds; restrictions; failure to issue bonds, effect.

12-3427.
Same; borrowing money in anticipation of issuance of bonds; restrictions; failure to issue bonds, effect.
Whenever the board of directors of a port authority shall have adopted a resolution authorizing the issuance of any series of bonds hereunder and said bonds have been sold but prior to the time as of which the bonds can be delivered, the board of directors of a port authority finds it necessary to borrow money for the purpose for which the bonds were authorized, such board of directors may, by appropriate resolution, authorize the borrowing of money in anticipation of the issuance of the bonds, and the issuance of the note or notes of the board of directors to evidence such borrowing. The amount so borrowed shall not exceed the principal amount of the bonds and shall not bear interest at a rate exceeding the average interest rate of the bonds. Such note or notes shall be signed in the manner prescribed by the board of directors and shall be made payable at such time or times as the board of directors may prescribe, not later than one year from their respective dates and may be renewed from time to time by the issuance of new notes hereunder. The proceeds of any loan made under this section shall be devoted exclusively to the purpose for which the bonds shall have been authorized and the note or notes and the interest thereon shall be paid with the proceeds of the bonds simultaneously with the delivery of the bonds. If for any reason the bonds shall not be issued, the holder or holders of the notes shall be entitled to all rights which would have been enjoyed by the holders of the bonds had they been issued; and the notes shall be paid from the revenues provided for the payment of the bonds, and shall be entitled to the benefit of all covenants, agreements and rights appearing in the resolution authorizing the bonds for the benefit of the bonds.
History:
L. 1969, ch. 89, § 27; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 34 - Port Authorities › 12-3428 Same; sale of bonds; conditions.

12-3428.
Same; sale of bonds; conditions.
All bonds sold hereunder may be sold at public or private sale in the discretion of the board of directors. If such bonds are sold at public sale, they shall be awarded to the best bidder, based upon an open competitive public offering. Notice of sale of such bonds shall be advertised at least fourteen (14) days in advance of the time of receiving bids and said notice shall appear at least once a week for two (2) successive weeks in a newspaper of general circulation in the county where the principal office of the port authority is located. No bonds shall be sold for less than par value.
History:
L. 1969, ch. 89, § 28; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 34 - Port Authorities › 12-3429 Same; emergencies; contracts.

12-3429.
Same; emergencies; contracts.
If the port authority determines that an emergency exists and an expenditure in an amount exceeding ten thousand dollars ($10,000) is necessary in order to avoid loss of life, substantial damage to property, or damage to the public peace, health, safety or welfare, the contracts to deal with such emergency may be made and entered into without public notice or competitive bids.
History:
L. 1969, ch. 89, § 29; L. 1980, ch. 70, § 2; April 15.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 34 - Port Authorities › 12-3430 Same; oath and bond of trustees.

12-3430.
Same; oath and bond of trustees.
Any trustee or trustees, as provided herein, first shall take the oath of office required of an elected public officer and shall be under a good and sufficient fidelity bond, to be approved by the attorney general, in a surety company authorized to transact surety business in the state of Kansas. The cost of said bond shall be paid from funds of the revenue bonds. The oaths of office shall be administered by any person authorized to administer oaths in the state of Kansas.
History:
L. 1969, ch. 89, § 30; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 34 - Port Authorities › 12-3431 Same; meetings open to public; records.

12-3431.
Same; meetings open to public; records.
After the effective date of this act, meetings of an organized port authority shall be open to the public to the same extent as is required by law of other public boards and commissions. All records of said authority shall be public records and shall be kept in a place, the location of which shall be listed in the office of the county clerk of each county wherein any revenue bond authorized by them hereunder shall be recorded.
History:
L. 1969, ch. 89, § 31; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 34 - Port Authorities › 12-3432 Same; liability of trustees.

12-3432.
Same; liability of trustees.
No trustee or beneficiary shall be charged with any liability whatsoever by reason of any act or omission committed or suffered in the performance of such trust or in the operation of the trust property, except for willful or grossly negligent breach of trust: Provided, however, Any act, liability for any omission, or obligation of a trustee or trustees, in the execution of such trust, or in the operation of the trust property, shall extend to the whole of the trust estate or so much thereof as may be necessary to discharge such liability or obligation and not otherwise.
History:
L. 1969, ch. 89, § 32; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 34 - Port Authorities › 12-3433 Same; liberal construction; severability.

12-3433.
Same; liberal construction; severability.
This act being necessary for the welfare of the state and its inhabitants, and for the growth and development of commerce and industry in the state of Kansas, it shall be liberally construed to effect the purposes thereof. The provisions of this act are severable, and if any section, sentence, clause or provision hereof shall be held unconstitutional by any court of competent jurisdiction, the remaining provisions shall not be impaired or invalidated thereby.
History:
L. 1969, ch. 89, § 33; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 35 - Special Assessments Against The State › 12-3501 Constitutional exemption not impaired.

12-3501.
Constitutional exemption not impaired.
This act recognizes that section 1 of article 11 of the constitution of Kansas provides that all property used exclusively for state purposes shall be exempted from taxation. Nothing in this act shall be construed to reduce such constitutional exemption.
History:
L. 1969, ch. 428, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 35 - Special Assessments Against The State › 12-3502 Definitions.

12-3502.
Definitions.
As used in this act, unless the context otherwise requires:
(a) "Local unit of government" means any county, city, township, or any other taxing subdivision of this state, or the board thereof, which has statutory power and authority to make levy of special assessment taxes for any purpose.
(b) "Secretary" means the secretary of administration.
(c) "Board" means the governing body of any local unit of government.
History:
L. 1969, ch. 428, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 35 - Special Assessments Against The State › 12-3503 Nonapplication of act in certain cases.

12-3503.
Nonapplication of act in certain cases.
(a) The provisions of this act shall have no application to any levy of special assessment taxes against the state of Kansas, which assessments were apportioned by a board prior to the effective date of this act.
(b) The provisions of this act shall have no application to special assessment taxes imposed upon property which is acquired by the state of Kansas after the initial levy of such special assessment taxes.
History:
L. 1969, ch. 428, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 35 - Special Assessments Against The State › 12-3504 Notice to secretary of administration, when required; rules and regulations relating to notice.

12-3504.
Notice to secretary of administration, when required; rules and regulations relating to notice.
Whenever any board proposes to levy a special assessment for any purpose, and there is located within the territory upon which the special assessment is proposed to be levied, any real property owned by the state of Kansas or any real property in which the state has a property interest, the board shall notify the secretary at the commencement of the proceedings intended to result in the levy. The notice shall be in writing and shall be mailed to the secretary by registered mail. The notice shall be in form and contain any information as is specified in rules and regulations relating thereto which shall be adopted by the secretary. The secretary shall also provide by rules and regulations for notification by the board of subsequent steps in the proceedings. The rules and regulations may provide for notices subsequent to the initial notice to be mailed to particular state department heads in addition to the secretary. All rules and regulations adopted pursuant to K.S.A. 12-3501 et seq., and amendments thereto, shall be subject to approval of the state finance council as provided by law.
History:
L. 1969, ch. 428, § 4; L. 1983, ch. 118, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 35 - Special Assessments Against The State › 12-3505 Representation by attorney general, department heads and secretary.

12-3505.
Representation by attorney general, department heads and secretary.
Upon receiving any notice under K.S.A. 12-3504, the secretary shall give notice thereof to all interested department heads, the attorney general, and such other state officers as the secretary may determine. The secretary, the attorney general or any department head specified by the secretary shall be authorized by himself or by herself or by his or her representative to represent the state of Kansas in negotiations relating to such special assessment tax, or protest thereof. Such representation may be either in writing or by personal appearance or otherwise.
History:
L. 1969, ch. 428, § 5; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 35 - Special Assessments Against The State › 12-3506 Determination of state liability.

12-3506.
Determination of state liability.
(a) The state of Kansas shall be liable for a lawful and reasonable share of any special assessments levied by any board against any property owned by the state of Kansas or on property in which the state has a property interest for the purpose of streets, alleys, sanitary sewers, storm sewers, drainage district works and flood control works, or works supplemental to or necessary to the operation of any of the foregoing.
(b) Except for special assessments levied by a board for the purposes listed in subsection (a), the state of Kansas shall not be liable for any special assessments levied for a purpose which, in the opinion of the secretary, renders no immediate direct benefit, or immediate significant indirect benefit to the state of Kansas. The secretary, upon advice of the attorney general and the heads of all interested departments, shall determine within 30 days after receipt of notice under K.S.A. 12-3504, and amendments thereto, whether the state of Kansas receives any immediate direct benefit or immediate significant indirect benefit from the proposed improvement. Upon making such finding, the secretary shall notify the interested board and interested state department heads in writing of the finding.
History:
L. 1969, ch. 428, § 6; L. 1983, ch. 118, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 35 - Special Assessments Against The State › 12-3507 Approval of assessment plan and method of assessment; exception.

12-3507.
Approval of assessment plan and method of assessment; exception.
(a) In the event that the statute under which any levy of any special assessment is made authorizes a board to determine the assessment plan or the method of apportionment of such assessments, the secretary shall specify the assessment plans or methods of apportionment which will be approved for each project for which an assessment against the property of the state of Kansas is proposed. The secretary shall make such specification in writing and deliver the same to the interested board as soon as such specification can reasonably be made by the secretary.
(b) This section shall not apply to special assessments levied by a board for purposes listed in subsection (a) of K.S.A. 12-3506, and amendments thereto.
History:
L. 1969, ch. 428, § 7; L. 1983, ch. 118, § 4; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 35 - Special Assessments Against The State › 12-3508 Lump-sum payment of state liability; exception; boards not to certify assessment to county clerk; protest and negotiation of assessments.

12-3508.
Lump-sum payment of state liability; exception; boards not to certify assessment to county clerk; protest and negotiation of assessments.
(a) All special assessments for which the state has liability shall be paid in one lump sum pursuant to appropriation therefor by the legislature unless a state agency, with the approval of the secretary of administration, elects to pay any such assessment from any available current funds of the agency. Notwithstanding any other provision of law to the contrary, the share of cost of any special assessment applicable to the state of Kansas shall not be certified to the county clerk by any board for levy of the special assessment, but in lieu thereof the amount of such liability shall be determined in dollars by the board, and upon making such determination the board shall promptly notify the secretary of such amount. Nothing in this section shall be construed to limit the authority of duly designated representatives of the state from negotiating or appearing for the state in protest of any assessment or the amount thereof.
(b) The secretary of administration may approve the payment of special assessments, including charges levied pursuant to K.S.A. 19-2751 even though the board levying the same has failed:
(1) To notify the secretary of the commencement of proceedings as required by K.S.A. 12-3504; or
(2) to submit all information required by regulations adopted by the secretary pursuant to K.S.A. 12-3504.
History:
L. 1969, ch. 428, § 8; L. 1982, ch. 78, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 35 - Special Assessments Against The State › 12-3509 Department budgets to include items to pay liability.

12-3509.
Department budgets to include items to pay liability.
When the amount of any special assessment of taxes for which the state is liable is known by the secretary, he or she shall notify the appropriate state department head of the amount to be included in the budget of the department for payment of such assessment, and such department head shall cause such an item to be included in the proposed budget of his or her department.
History:
L. 1969, ch. 428, § 9; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 35 - Special Assessments Against The State › 12-3510 Court action against state prohibited; claim permitted.

12-3510.
Court action against state prohibited; claim permitted.
No action shall be brought in any court against the state of Kansas for payment of any special assessment of taxes. The prohibition specified in this section shall not limit the right of any board to file a claim with the claims and accounts committee of the legislature, when such claim is based upon matters relating to the provisions of this act.
History:
L. 1969, ch. 428, § 10; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 35 - Special Assessments Against The State › 12-3511 Local government may pay state share, when.

12-3511.
Local government may pay state share, when.
In the event that any board apportions a part of any special assessment of taxes to the state of Kansas, and payment of the amount so apportioned or any part thereof is denied, such board may pay the same as a general obligation of the local unit of government.
History:
L. 1969, ch. 428, § 11; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 35 - Special Assessments Against The State › 12-3512 Severability.

12-3512.
Severability.
If any clause, paragraph, subsection or section of this act shall be held invalid or unconstitutional it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional clause, paragraph, subsection or section.
History:
L. 1969, ch. 428, § 12; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 35 - Special Assessments Against The State › 12-3513 Payments for township road maintenance or improvement.

12-3513.
Payments for township road maintenance or improvement.
(a) Agencies of the state of Kansas are authorized to pay amounts requested by townships for the maintenance or improvement of roads located on or adjacent to property owned by the state of Kansas when, as determined by the head of the agency occupying such property, the agency is receiving a direct benefit of the township road and the amount requested is reasonable.
(b) Requests for payments authorized by subsection (a) shall be submitted to the head of the state agency in the manner provided for the submission of notice of special assessments pursuant to K.S.A. 12-3504, and amendments thereto.
History:
L. 1993, ch. 115, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 36 - Water Conditioning Contractors › 12-3601 Definitions.

12-3601.
Definitions.
As used in this act, unless the context clearly requires otherwise:
(a) "Water conditioning contractor" means any person, firm, copartnership, association or corporation which engages in the business of installing, servicing or repairing water conditioning equipment.
(b) "Water conditioning equipment" means any water conditioning device, such as filters, softeners, hypochlorinators, aerators, chemical feeders, associated equipment and the like used in connection with the conditioning of water.
History:
L. 1972, ch. 45, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 36 - Water Conditioning Contractors › 12-3603 City regulation of installation, service or repair; enforcement.

12-3603.
City regulation of installation, service or repair; enforcement.
Nothing in this act shall prohibit any city from establishing rules and regulations governing the installation, service or repair of water conditioning equipment or providing for the inspection of the original installation or repair of the same to secure the enforcement of any ordinance specifically applying to the installation, service or repair of water conditioning equipment.
History:
L. 1972, ch. 45, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 36 - Water Conditioning Contractors › 12-3604 Registered contractors not engaged in plumbing.

12-3604.
Registered contractors not engaged in plumbing.
Registered water conditioning contractors shall not be deemed to be engaged in the business of plumbing.
History:
L. 1972, ch. 45, § 4; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 37 - Sewage Disposal Facilities And Improvements › 12-3712 Grants not subject to other state agencies; revenues from service charge placed in fund for payment of bonds; use of revenues, liens; sinking fund for all bonds outstanding.

12-3712.
Grants not subject to other state agencies; revenues from service charge placed in fund for payment of bonds; use of revenues, liens; sinking fund for all bonds outstanding.
Grants made under this act and receipt thereunder shall not be subject to supervision or regulation by any other commission, board, bureau or agency of the state. The revenues from sewer service charges in connection with which the bonds of any issue shall have been issued, shall be set aside at such regular intervals as may be provided in such resolution or such trust agreement in a sinking fund which is hereby pledged to, and charged with, the payment of the principal of and the interest on such bonds as the same shall become due, and the redemption price or the purchase price of bonds retired by call or purchase as therein provided. Such pledge shall be valid and binding from the time when the pledge is made. Revenues or other moneys so pledged and thereafter received by the secretary of health and environment shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the department of health and environment, irrespective of whether such parties have notice thereof. Neither the resolution nor any trust agreement by which a pledge is created need be filed or recorded except in the records of the secretary of health and environment. The use and disposition of moneys to the credit of such sinking fund shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of such trust agreement. Except as may otherwise be provided in such resolution or such trust agreement, such sinking fund shall be a fund for all such bonds without distinction or priority of one over another.
History:
L. 1973, ch. 69, § 3; L. 1975, ch. 462, § 4; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 37 - Sewage Disposal Facilities And Improvements › 12-3713 Bonds may be secured by trust agreement; protection of rights and remedies of bondholders.

12-3713.
Bonds may be secured by trust agreement; protection of rights and remedies of bondholders.
In the discretion of the secretary of health and environment any bonds issued under the provisions of this act may be secured by a trust agreement by and between the secretary and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. Such trust agreement or the resolution providing for the issuance of such bonds may pledge or assign the sewer service charge payments from cities, counties, townships, or other political subdivisions of the state, and other revenues to be received. Such trust agreement or resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the secretary in relation to grants under this act in connection with which such bonds shall have been authorized, and the custody, safeguarding and application of all moneys.
It shall be lawful for any bank or trust company incorporated under the laws of the state which may act as depository of the proceeds of bonds or of revenues to furnish such indemnifying bonds or to pledge such securities as may be required by the secretary of health and environment. Any such trust agreement may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action by bondholders. In addition to the foregoing, any such trust agreement or resolution may contain such other provisions as the secretary may deem reasonable and proper for the security of the bondholders.
History:
L. 1973, ch. 69, § 4; L. 1975, ch. 462, § 5; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 37 - Sewage Disposal Facilities And Improvements › 12-3714 Moneys deemed to be trust fund; trustee; duties.

12-3714.
Moneys deemed to be trust fund; trustee; duties.
All moneys received pursuant to the authority of this act, whether as proceeds from the sale of bonds or as revenues or as an appropriation by the state of Kansas, shall be deemed to be trust funds to be held and applied solely as provided in this act. The resolution authorizing the bonds of any issue or the trust agreement securing such bonds shall provide that any officer with whom, or any bank or trust company with which, such moneys shall be deposited shall act as trustees of such moneys and shall hold and apply the same for the purposes hereof, subject to such regulations as this act and such resolution or trust agreement may provide.
History:
L. 1973, ch. 69, § 5; April 25.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 37 - Sewage Disposal Facilities And Improvements › 12-3715 Enforcement of rights of bondholder or trustee.

12-3715.
Enforcement of rights of bondholder or trustee.
Any holder of bonds issued under the provisions of this act or any coupons appertaining thereto, and the trustee under any trust agreement, except as restricted by such trust agreement, either at law or in equity, by suit, action, mandamus or other proceeding, may protect and enforce any and all rights under the laws of the state or granted hereunder or under such trust agreement or the resolution authorizing the issuance of such bonds, and may enforce and compel the performance of all duties required by this act or by such trust agreement or resolution to be performed by the secretary of health and environment.
History:
L. 1973, ch. 69, § 6; L. 1975, ch. 462, § 6; L. 1983, ch. 49, § 56; May 12.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 37 - Sewage Disposal Facilities And Improvements › 12-3721 Appropriation to department of health and environment; deposit in debt service reserve fund; first claim and lien.

12-3721.
Appropriation to department of health and environment; deposit in debt service reserve fund; first claim and lien.
There is hereby appropriated to the department of health and environment from the self-insurance reserve fund established by K.S.A. 12-3722 et seq. for the fiscal year ending June 30, 1973, one million five hundred thousand dollars ($1,500,000) which shall be transferred by the director of accounts and reports upon vouchers approved by the secretary of health and environment for deposit to the credit of the debt service reserve fund as the same is established under the resolution authorizing the issuance of revenue bonds, or the trust agreement securing the same, under this act at the time or times of the payment for and delivery of such revenue bonds in an amount or amounts equal to the maximum amount required in any year to pay the principal of, including any mandatory payment to retire bonds prior to their maturity, and the interest on such revenue bonds. There is hereby created a first claim and lien upon one million five hundred thousand dollars ($1,500,000) in the self-insurance reserve fund for obligations of the debt service reserve fund for transfer in all succeeding fiscal years for the same purpose as is specified in the first sentence of this section.
History:
L. 1973, ch. 69, § 12; L. 1975, ch. 462, § 10; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 37 - Sewage Disposal Facilities And Improvements › 12-3722 Self-insurance reserve fund; creation; administration; payments from fund.

12-3722.
Self-insurance reserve fund; creation; administration; payments from fund.
There is hereby created in the state treasury the self-insurance reserve fund. Such fund shall be administered by the pooled money investment board. Except for investment purposes, no amounts shall be paid from such fund, except upon vouchers approved by the board chairman as authorized by the board acting pursuant to specific authorization in an appropriation act of the legislature, or except as is authorized for transfer to the debt service reserve fund established by K.S.A. 12-3718, and amendments thereto. For investment purposes amounts shall be paid from the fund upon vouchers approved by the chairman as authorized by such board.
History:
L. 1973, ch. 360, § 1; L. 1976, ch. 386, § 1; April 12.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 37 - Sewage Disposal Facilities And Improvements › 12-3723 Same; use and expenditure of moneys in fund.

12-3723.
Same; use and expenditure of moneys in fund.
Except as is otherwise provided in this act or appropriation act of the legislature, moneys in the self-insurance reserve fund may be used only for the purpose of repairing, constructing, or replacing buildings, furnishings, equipment or other property owned by or in the care, custody and control of the state or a state agency, and the original of which was damaged, destroyed, stolen or otherwise lost by casualty, and which loss or any part thereof was not covered by insurance in a commercial insurance company. Moneys in such fund may be expended for any auxiliary purpose, such as, but not limited to, business interruption losses, as may be required by any bond or trust covenants pursuant to which any such property was acquired or built, except that third-party liability or employee casualty losses may not be paid from the self-insurance reserve fund, and no waiver of governmental immunity shall exist which will permit payment of any liability from such fund except as specifically authorized by this act. The pooled money investment board shall transfer moneys from such fund as provided by K.S.A. 12-3710 et seq., and amendments thereto, and also to appropriate state agencies as directed by appropriation acts, for such agencies to expend for the purposes provided in this section.
History:
L. 1973, ch. 360, § 2; L. 1976, ch. 386, § 2; April 12.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 37 - Sewage Disposal Facilities And Improvements › 12-3724 Self-insurance reserve fund; investment by director of investments; acceptance of moneys from other entities; tax exemption.

12-3724.
Self-insurance reserve fund; investment by director of investments; acceptance of moneys from other entities; tax exemption.
(a) The director of investments may invest and reinvest moneys in the self-insurance reserve fund in accordance with investment policies established by the pooled money investment board under K.S.A. 75-4232, and amendments thereto, in obligations of the United States of America or obligations the principal and interest of which are guaranteed by the United States of America or in interest-bearing time deposits in any commercial bank located in Kansas, or, if the director of investments determines that it is impossible to deposit such moneys in such time deposits, in repurchase agreements of less than 30 days' duration with a Kansas bank or with a primary government securities dealer which reports to the market reports division of the federal reserve bank of New York for direct obligations of, or obligations that are insured as to principal and interest by, the United States government or any agency thereof.
(b) For the purposes of this act the director of investments may accept funds, public or private, from any person, firm, corporation or from any state agency or other public instrumentality, or from the federal government or any department or agency thereof.
(c) All moneys in the self-insurance reserve fund, or payable to such fund, are hereby specifically exempt from any and all taxes authorized by law to be levied or collected, whether sales, income, ad valorem, premium or by whatever name described.
History:
L. 1973, ch. 360, § 3; L. 1975, ch. 404, § 2; L. 1987, ch. 295, § 2; L. 1989, ch. 48, § 69; L. 1996, ch. 254, § 6; May 23.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 37 - Sewage Disposal Facilities And Improvements › 12-3725 Same; transfer of $2,000,000 to fund.

12-3725.
Same; transfer of $2,000,000 to fund.
On the effective date of this act, the director of accounts and reports shall transfer two million dollars ($2,000,000) from the state general fund to the self-insurance reserve fund.
History:
L. 1973, ch. 360, § 4; April 25.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 38 - Industrial And Economic Development › 12-3801 Industrial development bonds by cities and counties; legislative declaration.

12-3801.
Industrial development bonds by cities and counties; legislative declaration.
The legislature hereby finds and declares that as an alternative and in addition to bonds issued under any other authority now provided by law the issuance of industrial development bonds under the authority of this act will benefit and promote the general economic welfare and prosperity of the state of Kansas.
History:
L. 1974, ch. 49, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 38 - Industrial And Economic Development › 12-3802 Same; definitions.

12-3802.
Same; definitions.
As used in this act:
(a) "Industrial development bond" means an obligation issued by any local unit of government of the state under the authority of this act for the purpose of financing the acquisition of land, the acquisition or construction (including reconstruction, improvement, expansion, extension, and enlargement) of buildings and appurtenances, including but not by way of limitation industrial trackage and access roads, the purpose of such financing being primarily to sell or lease the property so financed to a private individual, partnership, or corporation for the conduct of manufacturing, warehousing, distribution, and/or research and development operations, except municipal stadiums and theaters.
(b) "Local unit of general government" means a county or a city.
History:
L. 1974, ch. 49, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 38 - Industrial And Economic Development › 12-3803 Same; issuance of bonds authorized; not subject to bonded debt limitations.

12-3803.
Same; issuance of bonds authorized; not subject to bonded debt limitations.
Every local unit of general government is, except as otherwise hereinafter provided, hereby authorized to issue industrial development bonds in the manner and subject to the conditions prescribed by the provisions of this act. Industrial development bonds issued under the provisions of this act shall not be within or be subject to any bonded debt limitation prescribed by any other law of this state.
History: L. 1974, ch. 49, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 38 - Industrial And Economic Development › 12-3804 Same; findings required by governing bodies before issuance.

12-3804.
Same; findings required by governing bodies before issuance.
No local unit of general government may issue industrial development bonds under the provisions of this act without a finding by the government body:
(a) That the local unit of general government has a contract with an individual, partnership or corporation to lease the property to be acquired with the proceeds of the industrial development bonds for occupancy and use in connection with the conduct of an industrial enterprise for a period of years, and for the lessee to pay an annual rental adequate to meet interest and principal payments falling due during the term of the lease:*
(b) that the lessee of the property is a responsible party;
(c) that the contract for lease of the property provides for:
(1) The reasonable maintenance, less normal wear and tear, of the property by the lessee;
(2) insurance to be carried on the property and the use and disposition of insurance moneys;
(3) the rights of the local unit of general government and the lessee respecting the disposition of the property financed by the proposed industrial development bonds upon retirement of the bonds or termination of the contract by expiration or by failure to comply with any of the provisions thereof; and
(4) the lessee to provide lease guarantee insurance with a company authorized to do business in the state of Kansas sufficient to cover any outstanding indebtedness under the lease agreement, such insurance to be furnished by the lessee upon issuance of such bonds;
(d) that the contract provides for the rights of the bondholders, the care and disposition of rental receipts, and such other safeguards as are deemed to be necessary;
(e) that financing by banks, other financial institutions, or other parties, of the property required by the lessee is not readily available to the lessee on ordinary commercial terms in adequate amounts either on the local market or on the national market;
(f) that the facility offered the lessee is intended to accommodate expansion of an enterprise located elsewhere or a new enterprise and not primarily the relocation of an existing facility;
(g) that adequate provision is being made to meet any increased demand upon community public facilities that might result from the proposed project; and
(h) that the issuance of the proposed bonds and the operation of the enterprise of the lessee will not disrupt the fiscal stability of the issuing local unit of general government in the event it should become necessary for it to assume responsibility for payment of the interest and principal of the proposed industrial development bonds.
History:
L. 1974, ch. 49, § 4; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 38 - Industrial And Economic Development › 12-3805 Same; application of bond law; payments of principal and interest; no-fund warrants, when; tax levies; property acquired subject to tax.

12-3805. Same; application of bond law; payments of principal and interest; no-fund warrants, when; tax levies; property acquired subject to tax.
(a) Except to the extent that they are in conflict with this act, the provisions of chapter 10 of the Kansas Statutes Annotated, and amendments thereto, shall apply to the authorization, and issuance and sale of industrial development bonds by the local units of general government.
(b) The principal and interest of all bonds issued under the provisions of this act shall be payable from revenue derived from the leasing or rental of buildings and facilities acquired or constructed with the proceeds received from the sale of such bonds. Whenever by reason of the failure of any lessee to make payment under any contract for the leasing or rental of any such building or facility, it becomes necessary for the local unit of general government to assume the responsibility for the payment of principal and interest upon bonds issued under the provisions of this act, such local unit of general government may issue no-fund warrants in an amount necessary to make such payment. Such warrants shall be issued, registered, redeemed and bear interest in the manner and be in the form prescribed by K.S.A. 79-2940, and amendments thereto, except they shall not bear the notation required by such section and may be issued without approval of the state board of tax appeals. The governing body of such unit of government shall make a tax levy at the time fixed for the certification of tax levies to the county clerk next following the issuance of such warrants sufficient to pay such warrants and the interest thereon. All such tax levies shall be in addition to all other levies authorized or limited by law.
(c) Property acquired or improved under the provisions of this act shall be subject to ad valorem taxation as other property.
History:
L. 1974, ch. 49, § 5; L. 2008, ch. 109, § 36; L. 2014, ch. 141, § 30; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 38 - Industrial And Economic Development › 12-3806 Same; approval of bond issue by electors required.

12-3806.
Same; approval of bond issue by electors required.
No such bonds shall be issued until the question of their issuance shall have been submitted to and been approved by a majority of the electors voting at an election called and held thereon. All such elections shall be noticed, called and held in the manner provided in K.S.A. 10-120.
History:
L. 1974, ch. 49, § 6; July 1.