reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 27 - Water Supply, Waterworks And Distribution Of Water › 12-2701 Definitions.

12-2701.
Definitions.
As used in this act:
(a) The term "municipality" means any city of the first, second or third class owning and operating a water distribution system or any township or improvement district owning and operating a water distribution system, and which city, township or improvement district is located in a county having a population of not less than thirty thousand (30,000) nor more than forty thousand (40,000) with an assessed taxable tangible valuation of not less than seventy-eight million dollars ($78,000,000) nor more than ninety million dollars ($90,000,000).
(b) The term "governing body" as applied to a city means the mayor and council or mayor and commissioners, as the case may be, and as applied to a township means the township clerk, the township treasurer and the township trustee acting as a board, and as applied to an improvement district means the board of directors of such improvement district acting as a board.
(c) The word "corporation" means a private corporation which is, or contemplates becoming, a water customer of a municipality and which enters into a contract with such municipality under the provisions of this act, or any board of education, rural high-school district, community high-school district or common-school district which is, or contemplates becoming, a water customer of a municipality and which enters into a contract with such municipality under the provisions of this act; and any such board of education, rural high-school district, community high-school district or common-school district shall have power to enter into contracts under the provisions of this act to remain in force as long as any bonds issued by any municipality under the provisions of this act shall be outstanding.
History:
L. 1955, ch. 87, § 1; April 14.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 27 - Water Supply, Waterworks And Distribution Of Water › 12-2702 Contracts for common supply of water.

12-2702.
Contracts for common supply of water.
Two or more municipalities, or one or more municipalities and one or more corporations, are hereby empowered to enter into a contract, contracts or a series of contracts, from time to time, to provide for a common supply of water, including joint acquisition, construction, operation and maintenance of any and all sites, rights of way, easements, other interests in real property, equipment and facilities necessary for, or used in connection with, the procuring and transportation of water to the said municipalities and their customers. Such contracts for a common supply of water shall provide for the method of acquisition or construction of the common supply; the management and operation of the system; the method of fixing the proportionate share of each participating municipality and corporation and of making contributions; the method of making annual adjustments of the proportionate shares of the annual cost and expense; the method of collection of water rates and other charges, and enforcement thereof; the fixing of rate schedules and other charges; the adoption of rules and regulations governing the operation of the system and the conditions of sale; the adjudication of disputes and all other matters necessary to effectuate such an arrangement.
History:
L. 1955, ch. 87, § 2; April 14.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 27 - Water Supply, Waterworks And Distribution Of Water › 12-2703 Acquisition, development and distribution of common water supply.

12-2703.
Acquisition, development and distribution of common water supply.
A common supply of water may be acquired and developed (including, but not by way of limitation, the acquisition or construction of all necessary sites, rights of way, easements, other interests in real property, and facilities necessary for the acquisition or distribution of water in bulk) by all of the contracting municipalities and corporations acting jointly or by the individual action of one of the municipalities acting for all of the contracting municipalities and corporations, as such municipalities and corporations may provide by contract. Regardless of the method agreed upon, title to all real or personal property acquired or constructed shall be held jointly in the names of all of the contracting municipalities and corporations in such proportions as shall be provided by contract, and subject to such provisions for disposition as may be provided by contract.
History:
L. 1955, ch. 87, § 3; April 14.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 27 - Water Supply, Waterworks And Distribution Of Water › 12-2704 Contracts for management and operation; reports.

12-2704.
Contracts for management and operation; reports.
The joint waterworks system may be managed and operated by a joint operating agency or by one of the contracting municipalities or corporations as the contracting municipalities and corporations shall provide. Any such agreement made shall provide for periodic reports of operations and finances to the participating municipalities and corporations.
History:
L. 1955, ch. 87, § 4; April 14.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 27 - Water Supply, Waterworks And Distribution Of Water › 12-2705 Costs, how financed; extent of right to acquire or condemn property.

12-2705.
Costs, how financed; extent of right to acquire or condemn property.
The costs of providing a common supply of water may be paid from any moneys on hand or available for such purpose or may be financed by the issuance and sale of general obligation bonds or revenue bonds by each of the contracting municipalities in the amount necessary to pay the proportionate share of each such contracting municipality, as such shares shall be fixed pursuant to contract. In the event that the acquisition and development of a common water supply and the construction of a waterworks system shall be effected by the individual action of one of the contracting municipalities or by the individual action of one of the contracting corporations, it shall be lawful for any of the other contracting municipalities or corporations to make a lump-sum payment to such contracting municipality or corporation either from moneys on hand and available for such purpose or, in the case of the contracting municipalities, from moneys received from the issuance and sale of general obligation bonds or revenue bonds, or from tax levies made to meet installment payments to cover its contributions to such cost over the period of the life of any bonds so issued by the municipality acquiring or constructing such a waterworks system.
Nothing herein contained shall prevent the purchase or condemnation of existing sources of water supply, waterworks systems, or portions thereof, necessary for the purposes of the joint project anywhere in the state of Kansas, but there shall be no power to condemn property, the legal title of which is vested in the state of Kansas or any political subdivision thereof, unless the state or the governing body of such political subdivision shall consent thereto. In the event that any source of water supply, waterworks system or portion thereof owned by one of the contracting municipalities or corporations is acquired for the purpose of common supply and joint waterworks system, such municipality or corporation may be allowed a credit against its share of the cost equal to the agreed value of the assets so acquired.
History:
L. 1955, ch. 87, § 5; April 14.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 27 - Water Supply, Waterworks And Distribution Of Water › 12-2706 Sale of water; rates; use of reimbursements; assessments; tax levies.

12-2706.
Sale of water; rates; use of reimbursements; assessments; tax levies.
Water from the common water supply shall be sold to the several contracting municipalities and corporations. The water shall be sold in bulk. Rates shall be fixed in such amounts that revenue therefrom shall be at least sufficient to pay all estimated annual costs of operation and maintenance and debt service on all bonds issued by the contracting municipalities for the purpose of a common water supply. Reimbursements received by municipalities for debt service on general obligation bonds issued under this act shall be credited to the bond and interest fund of such municipality and reimbursements received for debt service on revenue bonds issued under this act shall be credited to a special fund of such municipality to be used to pay the principal of and interest on the revenue bonds. Reimbursements received by municipalities for funds contributed from moneys on hand or available which are not derived from the issuance of bonds shall be credited to the funds of the municipality from which such contributions were made.
In the event that a municipality shall contribute funds derived from bond issues and also from moneys on hand or available, such reimbursements shall be credited to the bond and interest fund or such special fund to retire revenue bonds, as the case may be, until said bonds shall have been retired and thereafter such reimbursements shall be credited to the funds from which the moneys on hand or available were contributed. In the event that such revenues in any year are insufficient, the excess of cost over revenues shall be assessed against and apportioned among the participating municipalities and corporations as the contract shall provide, and shall be paid by each such municipality from moneys on hand or available for such purpose or by levying a tax, at the first tax levying period after such apportionment is made, on all the taxable tangible property in such municipality sufficient to pay the cost to said municipality. Such tax levy shall be in addition to all other tax levies authorized or limited by law and shall not be subject to any aggregate tax levy limitation prescribed by article 19 of chapter 79 of the Kansas Statutes Annotated, or acts amendatory thereof or supplemental thereto.
History:
L. 1955, ch. 87, § 6; April 14.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 27 - Water Supply, Waterworks And Distribution Of Water › 12-2707 Municipal water supply system; resolution; plans, specifications and estimate; approval by secretary of health and environment; cost limited.

12-2707.
Municipal water supply system; resolution; plans, specifications and estimate; approval by secretary of health and environment; cost limited.
If the governing body of a municipality determines it advisable and necessary to provide a water supply system or to improve the municipality's water supply system by contracting with other municipalities and corporations as provided in this act the governing body shall so declare by resolution. The participating municipalities and corporations forthwith shall have prepared plans and specifications and a detailed estimate of the cost of such improvements and shall file a copy of the plans, specifications and estimate with the clerk of each participating municipality and with the secretary of each participating corporation, if any. Such plans, specifications and estimate shall be presented to the secretary of health and environment for approval. If approved by the secretary, the plans, specifications and estimate shall be returned to the clerk of each participating municipality, showing such approval. No bonds to pay the cost for any improvement provided for in this act shall be issued by the governing body of any municipality until the plans, specifications and estimate have been approved by the secretary of health and environment. The total cost of any improvement provided for in this act shall in no case exceed the total cost of the approved estimate.
History:
L. 1955, ch. 87, § 7; L. 1995, ch. 116, § 6; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 27 - Water Supply, Waterworks And Distribution Of Water › 12-2710 Water supply in certain cities and townships; eminent domain.

12-2710.
Water supply in certain cities and townships; eminent domain.
The construction, acquisition, operation and maintenance of a common supply of water and a waterworks system, under the provisions of this act is hereby declared to be for a public use, and any municipality which has entered into a contract to provide for a common supply of water under the provisions of this act is hereby empowered to institute, either in its own name or jointly in the name of all the participating municipalities as plaintiff, a proceeding for the condemnation of any lands, either within or without the boundaries of such municipality or municipalities, which it or they may deem necessary for the construction, acquisition, operation and maintenance of a common supply of water or for a waterworks system. Such proceeding shall be conducted according to the provisions of K.S.A. 26-501 to 26-516, inclusive.
History: L. 1955, ch. 87, § 10; L. 1963, ch. 234, § 26; January 1, 1964.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 27 - Water Supply, Waterworks And Distribution Of Water › 12-2711 Grants of rights-of-way by certain state and local agencies.

12-2711.
Grants of rights-of-way by certain state and local agencies.
The secretary of transportation, the board of county commissioners of any county, the governing body of any city, and the governing body of any township, may grant an easement in, respectively, any state highway, county road, city street, or township road right-of-way to municipalities or corporations, either individually or jointly, which have contracted under the provisions of this act to provide a common supply of water, for the purpose of laying mains, pipes, conduits or aqueducts or locating other works deemed necessary by such participating municipalities and corporations in order to provide for a common supply of water.
History: L. 1955, ch. 87, § 11; L. 1975, ch. 427, § 62; August 15.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 27 - Water Supply, Waterworks And Distribution Of Water › 12-2712 Validation of certain contracts and bond issues; bonds exempted from debt limitations.

12-2712.
Validation of certain contracts and bond issues; bonds exempted from debt limitations.
If any municipality has, prior to the effective date of this act, with or without authority of law, entered into a contract or contracts to provide for a common supply of water, water distribution system or waterworks system and such contract or contracts substantially conform to contracts authorized to be made by such municipality under the provisions of this act, such contract or contracts previously entered into and all proceedings in connection therewith, including any bonds issued, are hereby validated and confirmed; and the provisions of this act shall hereafter be applicable to any common supply of water, water distribution system and waterworks system heretofore acquired under any such contracts heretofore made. No statute limiting the amount of bonded indebtedness of a municipality shall apply to any such bonds heretofore issued by a municipality for such purposes and such bonds shall not be considered in determining the total bonded indebtedness of such municipality for the purpose of applying any statute limiting the bonded indebtedness of such municipality.
History:
L. 1955, ch. 87, § 12; April 14.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 27 - Water Supply, Waterworks And Distribution Of Water › 12-2713 Jurisdiction of certain state agencies saved.

12-2713.
Jurisdiction of certain state agencies saved.
Nothing contained in this act shall be held to alter or abridge the powers and duties of the secretary of health and environment or of the division of water resources of the Kansas department of agriculture over water supply matters.
History:
L. 1955, ch. 87, § 13; L. 1975, ch. 462, § 2; L. 2004, ch. 101, § 64; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 27 - Water Supply, Waterworks And Distribution Of Water › 12-2714 Municipalities and corporations not deemed common carriers and not subject to utility regulation.

12-2714.
Municipalities and corporations not deemed common carriers and not subject to utility regulation.
Any municipality or corporation entering into an agreement under the authority of this act or validated by this act shall not be deemed to be a common carrier with respect to the water transportation facilities established thereunder and shall not be deemed subject to any utility regulation by reason of its participation in so providing facilities for a water supply, water distribution system, or waterworks system.
History:
L. 1955, ch. 87, § 14; April 14.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 27 - Water Supply, Waterworks And Distribution Of Water › 12-2715 Authority and powers conferred by act; act supplemental; invalidity of part.

12-2715.
Authority and powers conferred by act; act supplemental; invalidity of part.
This act constitutes full and complete authority for the purposes set out therein, and no procedure or proceedings other than those required by this act shall be necessary for the performance of the provisions hereof. The powers conferred by this act shall be in addition and supplemental to and not in substitution for, and the limitations imposed by this act shall not affect, the powers conferred by any other law; and the limitations imposed by any other law, unless in this act specifically so provided, shall not affect the powers conferred by this act. The provisions of this act are severable, and if any provisions of this act be for any reason held unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this act; and the legislature hereby declares, and it shall be conclusively presumed, that the legislature would have passed this act and each provision thereof irrespective of the fact that one or more of its provisions shall be declared invalid.
History:
L. 1955, ch. 87, § 15; April 14.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 27 - Water Supply, Waterworks And Distribution Of Water › 12-2716 Cities owning waterworks may contract for water supply.

12-2716.
Cities owning waterworks may contract for water supply.
All cities of the state owning their own waterworks are hereby authorized and empowered to contract with the United States of America (or an agency or instrumentality thereof) for the furnishing to such contracting city a municipal water supply from storage and distribution facilities constructed and owned by the United States of America pursuant to the acts of congress relating to the reclamation and irrigation of lands and related subjects.
History:
L. 1957, ch. 239, § 1; March 18.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 27 - Water Supply, Waterworks And Distribution Of Water › 12-2717 Same; reimbursement agreement.

12-2717.
Same; reimbursement agreement.
Such contracting city may thereby obligate itself to reimburse the United States of America such portion of the cost of such storage and distribution facilities including interest thereon, as may be determined by such city and the United States of America to be allocable to the municipal water supply furnished. Such contract for reimbursement may extend over such period of years as is permissible under applicable federal laws and regulations and as shall be agreed to by the governing body of such city.
History:
L. 1957, ch. 239, § 2; March 18.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 27 - Water Supply, Waterworks And Distribution Of Water › 12-2718 Cities of less than 200,000 population; agreements with federal or state agencies for municipal water supply and recreational areas.

12-2718.
Cities of less than 200,000 population; agreements with federal or state agencies for municipal water supply and recreational areas.
Any city having a population of less than two hundred thousand (200,000) is hereby authorized and empowered to contract with the United States of America or an agency or instrumentality thereof, or with the state of Kansas or any instrumentality or political subdivision of the state, for the furnishing of, or the construction and equipping of, a municipal water supply or a recreational area and facilities, or both water supply and recreational area and facilities, for such contracting city from water storage and distribution facilities constructed by the United States of America or any agency or instrumentality thereof, or with the state of Kansas or any instrumentality or political subdivision thereof, whether said water storage be on land owned or flowage easement or other easement owned by said municipality, the United States of America or the state of Kansas or any political subdivision thereof, and said contract may be made whether said water supply and recreational area is within or outside the corporate limits of the contracting city, and whether or not said water supply is to be connected with said city's water distribution system by pipeline or other conduit.
History:
L. 1959, ch. 86, § 1; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 27 - Water Supply, Waterworks And Distribution Of Water › 12-2719 Same; reimbursement by city, limitations; tax levies; bonds.

12-2719.
Same; reimbursement by city, limitations; tax levies; bonds.
The governing body of such contracting city, pursuant to authorizing ordinances as hereinafter provided, is hereby authorized to obligate itself to reimburse the United States of America or any instrumentality or political subdivision of the state government, such portion of the cost of such storage and distribution facilities, not exceeding fifteen percent (15%) of the assessed valuation of the tangible property within the corporate limits of the contracting city, and interest thereon not exceeding the maximum rate of interest prescribed by K.S.A. 10-1009, as may be determined by such city and the United States of America, or any instrumentality or political subdivision of the state government, to be allocable to the municipal water supply and distribution facilities and recreational area and facilities furnished or constructed by the United States of America, or any agency or instrumentality thereof, or with the state of Kansas or any instrumentality or political subdivision thereof, and such contract for reimbursement may provide for payment of costs allocable to the city at the time of construction or may extend over such period of years as is permissible under applicable laws and regulations for a period of not exceeding fifty (50) years, or may extend over any shorter period as may be agreed to by the governing body of such city.
For the purpose of financing such reimbursement, such contracting city is hereby authorized to levy an annual tax of not to exceed two (2) mills on all the taxable tangible property of such city during the period of said reimbursement contract. Such levy shall be in addition to all other tax levies authorized by law, and shall not be subject to nor within the aggregate tax levy limits prescribed by article 19 of chapter 79 of the Kansas Statutes Annotated, and acts amendatory thereof or supplemental thereto. The governing body of the city may also issue general obligation bonds of the city, subject to the limitations prescribed in this act, for the purposes herein specified, and all such bonds shall be issued, registered, sold, delivered and retired in accordance with the applicable provisions of the general bond law. Contractual obligations of the contracting city shall not be subject to nor within any bonded debt or other debt or obligation limitation prescribed by the laws of the state of Kansas, and shall not be considered or included in applying any other law limiting bonded indebtedness or limiting other obligations of such cities.
History: L. 1959, ch. 86, § 2; L. 1970, ch. 64, § 21; March 21.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 27 - Water Supply, Waterworks And Distribution Of Water › 12-2720 Same; adoption of ordinance; contents; publication; protest petition; election; effective, when.

12-2720.
Same; adoption of ordinance; contents; publication; protest petition; election; effective, when.
Before any such contract or contracts shall be made by the governing body of such contracting city, or bonds issued, taxes levied or improvements made, as provided in this act, the governing body of such contracting city shall enact an ordinance authorizing the acquisition of the necessary site and the necessary easements, authorizing the making of such improvements and authorizing the making of such contract or contracts. The ordinance shall specify the nature and extent of the improvement to be made and describe such contract or contracts, including the estimated expenditures of the city under such agreement. Such ordinance shall be published once each week for two consecutive weeks in the official city paper. If within thirty (30) days of its last publication a petition signed by not less than five percent (5%) of the legally qualified electors is filed with the city clerk, such ordinance shall not take effect until submitted to the electors of such city and approved at an election to be held within ninety (90) days of the filing of such petition. The governing body of the municipality shall have power to call such an election, and such an election shall be called, noticed, conducted, and canvassed in the manner provided by law for bond elections under the provisions of the general bond law, except, the ballots used when voting upon said ordinance or resolution, as the case may be, shall contain these words: "For the ordinance" and "against the ordinance," as the case may be (stating the nature of the proposed ordinance). If no sufficient protest is filed within such thirty (30) days, or if the ordinance is approved at an election hereunder, such ordinance shall become effective and the governing body of such city may proceed with its implementation.
History: L. 1959, ch. 86, § 3; L. 1971, ch. 51, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 27 - Water Supply, Waterworks And Distribution Of Water › 12-2721 Same; act additional to K.S.A. 12-2716, 12-2717.

12-2721.
Same; act additional to K.S.A. 12-2716, 12-2717.
This act shall be construed as an addition to and not amendatory of the provisions of K.S.A. 12-2716 and 12-2717.
History:
L. 1959, ch. 86, § 4; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 27 - Water Supply, Waterworks And Distribution Of Water › 12-2722 Same; exemption of certain cities from reimbursement limitations of K.S.A. 12-2719.

12-2722.
Same; exemption of certain cities from reimbursement limitations of K.S.A. 12-2719.
Any city entering into an agreement with the United States of America or any agency or instrumentality thereof pursuant to K.S.A. 12-2718 through 12-2721 and acts amendatory thereof or supplemental thereto which, under the terms of such agreement, is required to transfer ownership of its existing water storage facility or facilities in exchange for storage rights producing at least the same firm yield of water as the facility or facilities transferred, shall not be subject to the fifteen percent (15%) maximum limitation on the amount it may reimburse the United States of America or its agency or instrumentality under K.S.A. 12-2719.
History:
L. 1971, ch. 51, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 27 - Water Supply, Waterworks And Distribution Of Water › 12-2723 Installation of separate water meter for individual dwelling units.

12-2723.
Installation of separate water meter for individual dwelling units.
(a) As used in this section:
(1) "Dwelling unit" means a structure or part of a structure that is used as a home, residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household.
(2) "Water meter" means a device used for measuring and billing for water consumed.
(b) No city or public water supply system shall prohibit the installation of a separate water meter for each dwelling unit within a building containing multiple dwelling units in lieu of installation of a master meter for the entire building.
History:
L. 2001, ch. 199, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 28 - Public Transportation › 12-2802 Definitions.

12-2802.
Definitions.
When used in this act:
(a) "Transportation system" means all plants, equipment, property and rights useful for transportation of passengers for hire except taxicabs and except all transportation facilities extending beyond the boundaries of the metropolitan area and includes, without limiting the generality of the foregoing, street railways, subways and underground railroads, motor vehicles, trolley buses, motor buses and any combination thereof.
(b) "Authority" means the transit authority created by this act.
(c) "Board" means the transit board created by this act.
(d) "City" means the city of Topeka, Kansas.
(e) "Mayor" means the mayor of Topeka, Kansas.
(f) "Motor vehicle" means every vehicle which is self-propelled.
(g) "Metropolitan area" includes the area within the corporate limits of the city of Topeka, Kansas and includes the area having a radius within 90 miles from the corporate limits of such city.
History:
L. 1955, ch. 118, § 2; L. 1984, ch. 76, § 1; L. 2010, ch. 48, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 28 - Public Transportation › 12-2803 Actions by or against; seal.

12-2803.
Actions by or against; seal.
The authority may sue and be sued in its corporate name but execution shall not in any case issue against any property of the authority. It may adopt a common seal and change the same at pleasure.
History:
L. 1955, ch. 118, § 3; April 13.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 28 - Public Transportation › 12-2804 General powers.

12-2804.
General powers.
The authority shall have power to acquire, construct, own, operate and maintain for public service a transportation system in the metropolitan area as herein defined, and all the powers necessary or convenient to accomplish the purposes of this act, including, without limiting the generality of the foregoing, the specific powers enumerated herein.
History:
L. 1955, ch. 118, § 4; April 13.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 28 - Public Transportation › 12-2805 Acquisition of properties and rights.

12-2805.
Acquisition of properties and rights.
The authority shall have power to acquire by purchase, condemnation, lease, gift or otherwise all or any part of the plant, equipment, property, rights in property, reserve funds, employees' pension or retirement funds, special funds, franchises, licenses, patents, permits and papers, documents and records belonging to any private company or corporation operating a transportation system within the metropolitan area as herein defined.
History:
L. 1955, ch. 118, § 5; April 13.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 28 - Public Transportation › 12-2806 Same; sale, lease or exchange.

12-2806.
Same; sale, lease or exchange.
The authority shall have power to acquire by purchase, condemnation, lease, gift or otherwise any property and rights useful for its purposes and to sell, lease, transfer or convey any property or rights when no longer useful or exchange the same for other property or rights which are useful for its purposes.
History:
L. 1955, ch. 118, § 6; April 13.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 28 - Public Transportation › 12-2807 Use of street or public way; ordinance.

12-2807.
Use of street or public way; ordinance.
The authority shall have the right, but not exclusive of the public right, to use any public road, street or other public way in the metropolitan area for transportation of passengers. The authority shall not have the right to use any street or other public way in any city, village or incorporated town for local transportation of passengers within any such municipality, unless and until authorized so to do by an ordinance passed by the corporate authorities of such municipality.
History:
L. 1955, ch. 118, § 7; April 13.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 28 - Public Transportation › 12-2809 Purchase of equipment; trust certificates; payment; leases.

12-2809.
Purchase of equipment; trust certificates; payment; leases.
The authority shall have power to purchase equipment such as cars, trolley buses and motor buses, and may execute agreements, leases and equipment trust certificates in the form customarily used in such cases appropriate to effect such purchase and may dispose of such equipment trust certificates. All money required to be paid by the authority under the provisions of such agreements, leases and equipment trust certificates shall be payable solely from the revenue or income to be derived from the transportation system and from grants and loans as provided in K.S.A. 12-2811. Payment for such equipment, or rentals therefor, may be made in installments, and the deferred installments may be evidenced by equipment trust certificates payable solely from such revenue or income, and title to such equipment shall not vest in the authority until the equipment trust certificates are paid.
The agreement to purchase may direct the vendor to sell and assign the equipment to a bank or trust company, duly authorized to transact business in the state of Kansas, as trustee, for the benefit and security of the equipment trust certificates and may direct the trustee to deliver the equipment to one or more designated officers of the authority and may authorize the trustee simultaneously therewith to execute and deliver a lease of the equipment to the authority.
The agreements and leases shall be duly acknowledged before some person authorized by law to take acknowledgments of deeds and in the form required for acknowledgment of deeds and such agreements, leases and equipment trust certificates shall be authorized by vote of the board and shall contain such covenants, conditions and provisions as may be deemed necessary or appropriate to insure the payment of the equipment trust certificates from the revenue or income to be derived from the transportation system.
The covenants, conditions and provisions of the agreements, leases and equipment trust certificates shall not conflict with any of the provisions of any trust agreement securing the payment of bonds or certificates of the authority.
An executed copy of each such agreement and lease shall be filed in the office of the city clerk of the city in which said authority is operating a transportation system and such filing shall constitute notice to any subsequent judgment creditor or any subsequent purchaser.
History:
L. 1955, ch. 118, § 9; April 13.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 28 - Public Transportation › 12-2810 Investment in bonds or certificates by certain public and private bodies.

12-2810.
Investment in bonds or certificates by certain public and private bodies.
The state and all counties, cities, villages, incorporated towns and other municipal corporations, political subdivisions and public bodies, and public officers of any thereof, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business, may invest any sinking funds, moneys or other funds belonging to them or within their control in any bonds or certificates issued pursuant to this act, it being the purpose of this section to authorize the investment in such bonds or certificates of all sinking, insurance, retirement, compensation, pension and * whether owned or controlled by private or public persons or officers: Provided, however, That nothing contained in this section may be construed as relieving any person, firm, or corporation from any duty of exercising reasonable care in selecting securities for purchase or investment.
History:
L. 1955, ch. 118, § 10; April 13.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 28 - Public Transportation › 12-2811 Federal grants and loans.

12-2811.
Federal grants and loans.
The authority shall have power to apply for and accept grants and loans from the federal government or any agency or instrumentality thereof to be used for any of the purposes of the authority and to enter into any agreement with the federal government in relation to such grants or loans; provided that such agreement does not conflict with any of the provisions of any trust agreement securing the payment of bonds or certificates of the authority.
History:
L. 1955, ch. 118, § 11; April 13.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 28 - Public Transportation › 12-2812 Investment of authority reserve or sinking funds.

12-2812.
Investment of authority reserve or sinking funds.
The authority shall have power to invest and reinvest any funds held in reserve or sinking funds not required for immediate disbursement, in investments authorized by K.S.A. 12-1675, and amendments thereto, in the manner prescribed therein or in bonds or notes of the United States, bonds of the state of Kansas or bonds of any county, unified school district or city of the first class in which said authority is operating a transportation system or in bonds or certificates of the authority at not to exceed their par value or their call price and to sell these securities whenever the funds are needed for disbursement. Such investment or reinvestment of any funds shall not be in conflict with any provisions of any trust agreement securing the payment of bonds or certificates of the authority.
History:
L. 1955, ch. 118, § 12; L. 1977, ch. 54, § 11; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 28 - Public Transportation › 12-2813 Insurance or indemnity contracts.

12-2813.
Insurance or indemnity contracts.
The authority shall have power to procure and enter into contracts for any type of insurance and indemnity against loss or damage to property from any cause, including loss of use and occupancy, against death or injury of any person, against employers' liability, against any act of any member, officer or employee of the board or of the authority in the performance of the duties of his or her office or employment or any other insurable risk.
History:
L. 1955, ch. 118, § 13; April 13.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 28 - Public Transportation › 12-2814 Tax levies; validation of election and proceedings prior to January 1, 1974; purpose of levy.

12-2814.
Tax levies; validation of election and proceedings prior to January 1, 1974; purpose of levy.
(a) The metropolitan transit authority shall not have power to levy taxes for any purpose.
(b) In any city in which the proposition to authorize such city to levy a tax not to exceed one mill to carry out the purposes of the metropolitan transit authority act has been submitted to and approved by a majority of the electors of such city voting on the proposition at an election held prior to January 1, 1974, the levy of such tax by the city and all proceedings in connection therewith are hereby validated and confirmed, notwithstanding the absence of authority by such city to adopt the ordinance authorizing the levy upon submission to and approval thereof by the electors. Any such city may levy an annual tax not to exceed one mill upon the taxable tangible property within such city. The moneys derived from such tax levy shall be for the benefit of the metropolitan transit authority established in such city for the purpose of providing funds for the operation of the authority and for guaranteeing payment of any revenue bonds issued by such authority pursuant to K.S.A. 12-2808 and to pay a portion of the principal and interest on bonds issued by cities under the authority of K.S.A. 12-1774, and amendments thereto.
History:
L. 1955, ch. 118, § 14; L. 1974, ch. 65, § 2; L. 1975, ch. 73, § 1; L. 1980, ch. 65, § 6; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 28 - Public Transportation › 12-2815 Transit board; qualifications of members; salary; expenses.

12-2815.
Transit board; qualifications of members; salary; expenses.
The governing and administrative body of the authority shall be a board consisting of five (5) members, to be known as the transit board. Members of the board shall be residents of the metropolitan area and persons of recognized business ability. No member of the board or employee of the authority shall hold any other office or employment under the federal, state or any county or any municipal government except an honorary office without compensation.
The salary of each member of the initial board shall be five hundred dollars ($500) per annum, and such salary shall not be increased or diminished during the member's term of office. The salaries of successor members of the board shall be fixed by the board and shall not be increased or diminished during their respective terms of office. No board member shall be allowed any fees, perquisites or emoluments, reward or compensation for services as a member or officer of the authority aside from salary, but the members shall be reimbursed for actual expenses incurred by them in the performance of their duties.
History: L. 1955, ch. 118, § 15; L. 1970, ch. 366, § 10; L. 1975, ch. 52, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 28 - Public Transportation › 12-2816 Transit board; appointment of board; terms.

12-2816.
Transit board; appointment of board; terms.
Members of the board referred to in K.S.A. 12-2815, and amendments thereto, shall be appointed by the mayor with the approval of the governing body of the city.
Upon the expiration of the term of any member, all successor board members shall be appointed and hold office for four years from the date of their appointment. The city clerk of any city adopting this act shall certify the action of the city governing body with respect to such appointments and file such certificates as a part of the records of the office of the city clerk of the city. Before entering upon the duties of office, each member of the board shall take and subscribe the constitutional oath of office and same shall be filed in the office of the city clerk.
History:
L. 1955, ch. 118, § 16; L. 1984, ch. 76, § 2; L. 1986, ch. 82, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 28 - Public Transportation › 12-2817 Same; resignations; removals; vacancies.

12-2817.
Same; resignations; removals; vacancies.
Any member may resign from office to take effect when a successor has been appointed and has qualified. The mayor, with the approval of the governing body of the city, may remove any member of the board in case of incompetency, neglect of duty, or malfeasance in office. The member shall be given a copy of the charges and an opportunity to be publicly heard in person or by counsel upon not less than 10 days' notice. In case of failure to qualify within the time required, or of abandonment of office, or in case of death, conviction of a crime, involving moral turpitude or removal from office, the office of such member shall become vacant. Each vacancy shall be filled for the unexpired term by the mayor with the approval of the governing body.
History:
L. 1955, ch. 118, § 17, L. 1986, ch. 82, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 28 - Public Transportation › 12-2818 Same; chairman and temporary secretary; qualification and salary of chairman.

12-2818.
Same; chairman and temporary secretary; qualification and salary of chairman.
As soon as possible after the appointment of the initial members, the board shall organize for the transaction of business, select a chairman and a temporary secretary from its own number, and adopt bylaws, rules and regulations to govern its proceedings. The initial chairman and successors shall be elected by the board from time to time for the term of his or her office as a member of the board or for the term of three years, whichever is shorter. The chairman shall not be engaged in any other business or employment during his or her term as chairman and the board shall fix the salary of the chairman in addition to his or her salary as a member of the board, which shall not be increased or diminished during his or her term of office as chairman.
History:
L. 1955, ch. 118, § 18; April 13.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 28 - Public Transportation › 12-2819 Same; meetings; action by resolution; public records.

12-2819. Same; meetings; action by resolution; public records.
(a) Regular meetings of the board shall be held at least once in each calendar month, the time and place of such meetings to be fixed by the board. Three members of the board shall constitute a quorum for the transaction of business. All action of the board shall be by resolution and the affirmative vote of at least three members shall be necessary for the adoption of any resolution. All such resolutions before taking effect shall be approved by the chairperson of the board, and if the chairperson approves thereof the chairperson shall sign the same. If the chairperson does not approve the chairperson shall return to the board with the chairperson's objections thereto in writing at the next regular meeting of the board occurring after the passage thereof. But in case the chairperson fails to return any resolution with the objections thereto by the time aforesaid, the chairperson shall be deemed to have approved the same and it shall take effect accordingly.
(b) Upon the return of any resolution by the chairperson, with the chairperson's objections, the vote by which the same was passed shall be reconsidered by the board, and if upon such reconsideration such resolution is passed by the affirmative vote of at least four members, it shall go into effect notwithstanding the veto of the chairperson. All resolutions and all proceedings of the authority and all documents and records in its possession shall be public records, and open to public inspection, except such documents and records as shall be kept or prepared by the board for use in contract negotiations or civil proceedings to which the authority is a party.
History:
L. 1955, ch. 118, § 19; L. 2011, ch. 11, § 2; July 1.