reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 55 - Privatization Of Public Services › 12-5511 Same; interlocal cooperation; joint agency.

12-5511.
Same; interlocal cooperation; joint agency.
Any municipality which has entered into or proposes to enter into a service agreement under the provisions of this act also may enter into related service agreements with one or more other municipalities or with a joint agency created under the provisions of the interlocal cooperation act. Any such joint agency shall have the same powers provided a municipality under this act.
History:
L. 1990, ch. 64, § 11; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 56 - Topeka/shawnee County Riverfront Authority › 12-5601 Citation of act.

12-5601.
Citation of act.
This act shall be known and may be cited as the Topeka/Shawnee county riverfront authority act.
History:
L. 2006, ch. 83, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 56 - Topeka/shawnee County Riverfront Authority › 12-5602 Definitions.

12-5602.
Definitions.
As used in this act:
(a) "Authority" means the riverfront authority created by this act.
(b) "Board" means the riverfront board created by this act.
(c) "City" means the city of Topeka.
(d) "Commission" means the county commission of Shawnee county.
(e) "Council" means the city council of Topeka.
(f) "County" means Shawnee county.
(g) "Manager" means the city manager of Topeka.
(h) "Mayor" means the mayor of Topeka.
(i) "Metropolitan area" includes the area within the corporate limits of the city of Topeka.
(j) "Riverfront" means all real estate, equipment, rights and property useful for the purpose of recreation, along the banks of the Kansas river that runs through the city of Topeka and Shawnee county.
History:
L. 2006, ch. 83, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 56 - Topeka/shawnee County Riverfront Authority › 12-5603 Authority created; purpose.

12-5603.
Authority created; purpose.
There is hereby created the Topeka/Shawnee county riverfront authority. The purpose of the authority is to promote the general welfare and encourage private capital investment by fostering the creation of recreational, retail, entertainment, economic development and housing within the riverfront.
History:
L. 2006, ch. 83, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 56 - Topeka/shawnee County Riverfront Authority › 12-5604 Lawsuits; seal.

12-5604.
Lawsuits; 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. The authority may adopt a common seal and change the same at pleasure.
History:
L. 2006, ch. 83, § 4; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 56 - Topeka/shawnee County Riverfront Authority › 12-5605 Planning and design of riverfront; general powers.

12-5605.
Planning and design of riverfront; general powers.
For the first three years of its existence, the authority shall engage in planning and design of the riverfront. At all times the authority shall have power to acquire, construct, own, operate and maintain for public service a riverfront system in the metropolitan area 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. 2006, ch. 83, § 5; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 56 - Topeka/shawnee County Riverfront Authority › 12-5606 Acquisition of property.

12-5606.
Acquisition of property.
(a) Except as provided by subsection (c), the authority shall have power to acquire by purchase, lease, gift or otherwise all or any part of real property, property, rights in property, for the purpose of planning, development and creation of a riverfront within the metropolitan area as herein defined.
(b) Except as provided by subsection (c), the authority shall have power to acquire by purchase, 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.
(c) The authority shall not have the power to take property by eminent domain.
History:
L. 2006, ch. 83, § 6; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 56 - Topeka/shawnee County Riverfront Authority › 12-5607 Equipment; purchase, agreements and leases.

12-5607.
Equipment; purchase, agreements and leases.
(a) The authority shall have power to purchase equipment such as land, riparian rights, dams and docks, recreational equipment and public improvements, and may execute agreements, leases and 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 riverfront authority and from grants. 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.
(b) 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.
(c) 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 riverfront authority.
(d) 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.
(e) An executed copy of each such agreement and lease shall be filed in the office of the city and county clerk of the city and county in which said authority is operating and such filing shall constitute notice to any subsequent judgment creditor or any subsequent purchaser.
History:
L. 2006, ch. 83, § 7; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 56 - Topeka/shawnee County Riverfront Authority › 12-5608 Application for and acceptance of grants.

12-5608.
Application for and acceptance of grants.
The authority shall have power to apply for and accept grants from the federal or state government or any local government, or any agency thereof, or from any other public or private entity, to be used for any of the purposes of the authority and to enter into any agreement with the federal or state government or any local government, or any agency thereof, or any other public or private entity, in relation to such grants; 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. 2006, ch. 83, § 8; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 56 - Topeka/shawnee County Riverfront Authority › 12-5609 Investment of funds.

12-5609.
Investment of 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 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. 2006, ch. 83, § 9; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 56 - Topeka/shawnee County Riverfront Authority › 12-5610 Insurance.

12-5610.
Insurance.
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. 2006, ch. 83, § 10; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 56 - Topeka/shawnee County Riverfront Authority › 12-5612 Secretary and treasurer; requirements; monetary transactions.

12-5612.
Secretary and treasurer; requirements; monetary transactions.
(a) The board shall appoint a secretary and a treasurer, who need not be members of the board, to hold office during the pleasure of the board, and fix their duties and compensation. Before entering upon the duties of their respective offices they shall take and subscribe the constitutional oath of office, and the treasurer shall execute a bond with corporate sureties to be approved by the board. The bond shall be payable to the authority in whatever penal sum may be directed by the board conditioned upon the faithful performance of the duties of the office and the payment of all money received by the treasurer according to law and the orders of the board. The board at any time may require a new bond from the treasurer in such penal sum as may then be determined by the board. The obligation of the sureties shall not extend to any loss sustained by the insolvency, failure or closing of any national or state bank wherein the treasurer has deposited funds if the bank has been approved by the board as a depositary for these funds. The oaths of office and the treasurer's bond shall be filed in the principal office of the authority.
(b) All funds deposited by the treasurer in any bank shall be placed in the name of the authority and shall be withdrawn or paid out only by check or draft upon the bank, signed by the treasurer and countersigned by the chairperson of the board, except that the board may designate any of its members or any officer or employee of the authority to affix the facsimile signature of the chairperson and another to affix the facsimile signature of the treasurer to any check or draft.
(c) In case any officer whose signature appears upon any check, draft, bond, certificate or interest coupon, issued pursuant to this act, ceases to hold such officer's office before the delivery thereof to the payee or the purchaser of any bond or certificate, the officer's signature nevertheless shall be valid and sufficient for all purposes with the same effect as if the officer had remained in office until delivery thereof.
History:
L. 2006, ch. 83, § 12; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 56 - Topeka/shawnee County Riverfront Authority › 12-5613 General manager and other personnel.

12-5613.
General manager and other personnel.
The board may appoint a general manager and such other persons who are necessary to make the authority succeed. The general manager shall hold office at the pleasure of the board. The general manager shall manage the properties and business of the authority and the employees thereof, subject to the general control of the board, shall direct the enforcement of all resolutions, rules and regulations of the board, and shall perform such other duties as may be prescribed by the board. No discrimination shall be made in any appointment or promotion because of race, creed, color, disability, religious or political affiliations.
History:
L. 2006, ch. 83, § 13; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 56 - Topeka/shawnee County Riverfront Authority › 12-5614 Rules and regulations.

12-5614.
Rules and regulations.
The board shall make all rules and regulations necessary to govern the operation of the riverfront and its property and facilities and to exercise the powers granted to the authority.
History:
L. 2006, ch. 83, § 14; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 56 - Topeka/shawnee County Riverfront Authority › 12-5615 Fiscal year; budget; annual report and financial statement.

12-5615.
Fiscal year; budget; annual report and financial statement.
(a) The board shall establish a fiscal operating year. At least 30 days prior to the beginning of the first full fiscal year after the creation of the authority, and annually thereafter, the board shall cause to be prepared a tentative budget which shall include all operation and maintenance expense for the ensuing fiscal year. The tentative budget shall be considered by the board and, subject to any revision and amendments as may be determined, shall be adopted prior to the first day of the ensuing fiscal year as the budget for that year. No expenditures for operations and maintenance in excess of the budget shall be made during any fiscal year except by the affirmative vote of at least four members of the board. It shall not be necessary to include in the annual budget any statement of necessary expenditures for pensions or retirement annuities, or for interest or principal payments on bonds or certificates, or for capital outlays, but it shall be the duty of the board to make provisions for payment of same from appropriate funds.
(b) As soon after the end of each fiscal year as may be expedient, the board shall cause to be prepared and printed a complete and detailed report and financial statement of its operation and of its assets and liabilities. A reasonably sufficient number of copies of such report shall be printed for distribution to persons interested and copies of such report shall be filed with the city and county clerks of the city and county.
History:
L. 2006, ch. 83, § 15; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 56 - Topeka/shawnee County Riverfront Authority › 12-5616 Damage reserve fund.

12-5616.
Damage reserve fund.
(a) The board shall withdraw from the gross receipts of the authority and charge to operating expenses such an amount of money as in the opinion of the board shall be sufficient to provide for the adjustment, defense and satisfaction of all suits, claims, demands, rights and causes of action and the payment and satisfaction of all judgments entered against the authority for damage caused by injury to or death of any person and for damage to property resulting from the construction, maintenance and operation of the riverfront and the board shall deposit such moneys in a fund to be known and designated as the damage reserve fund.
(b) The board shall use the moneys in the damage reserve fund to pay all expenses and costs arising from the adjustment, defense and satisfaction of all suits, claims, demands, rights and causes of action and the payment and satisfaction of all judgments entered against the authority for damages caused by injury to or death of any person and for damage to property resulting from the construction, maintenance and operation of the authority. At any time and from time to time the board may obtain and maintain insurance coverage or protection partially or wholly insuring or indemnifying the authority against loss or liability on account of injury to or death of any person and for damage to property resulting from the construction, maintenance and operations of the authority. The cost of obtaining and maintaining such insurance shall be paid out of the moneys in the damage reserve fund. All moneys received from such insurance coverage or protection shall be paid into the damage reserve fund.
History:
L. 2006, ch. 83, § 16; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 56 - Topeka/shawnee County Riverfront Authority › 12-5617 Special funds.

12-5617.
Special funds.
The authority pursuant to resolutions adopted from time to time by the board may establish and create such other and additional special funds as may be found desirable by the board and in and by such ordinances may provide for payments into all special funds from specified sources with such preferences and priorities as may be deemed advisable and may also by any such resolution provide for the custody, disbursement and application of any moneys in any such special funds consistent with the provisions of this act.
History:
L. 2006, ch. 83, § 17; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 56 - Topeka/shawnee County Riverfront Authority › 12-5618 Application of Kansas tort claims act.

12-5618.
Application of Kansas tort claims act.
The authority is a municipality as defined by the Kansas tort claims act, K.S.A. 75-6101 et seq., and amendments thereto, and entitled to avail itself of the protections therein. No civil action shall be commenced in any court against the authority by any person for any injury to such person unless it is commenced within two years after the date that the injury was received or the cause of action accrued.
History:
L. 2006, ch. 83, § 18; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 56 - Topeka/shawnee County Riverfront Authority › 12-5619 Severability.

12-5619.
Severability.
If any provision of this act is held invalid, such provision shall be deemed to be excised from this act and the invalidity thereof shall not affect any of the other provisions of this act. If the application of any provision of this act to any person or circumstance is held invalid, it shall not affect the application of such provisions to persons or circumstances other than those as to which it is invalid.
History:
L. 2006, ch. 83, § 19; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 57 - Fort Scott/bourbon County Riverfront Authority › 12-5702 Definitions.

12-5702.
Definitions.
As used in this act:
(a) "Authority" means the riverfront authority created by this act.
(b) "Board" means the riverfront board created by this act.
(c) "City" means the city of Fort Scott.
(d) "Commission" means the county commission of Bourbon county.
(e) "Council" means the city council of Fort Scott.
(f) "County" means Bourbon county.
(g) "Manager" means the city manager of Fort Scott.
(h) "Mayor" means the mayor of Fort Scott.
(i) "Metropolitan area" includes the area within the corporate limits of the city of Fort Scott and within five miles of the corporate limits along the Marmaton river.
(j) "Riverfront" means all real estate, equipment, rights and property useful for the purpose of recreation, along the banks of the Marmaton river that runs through the city of Fort Scott and Bourbon county.
History:
L. 2007, ch. 120, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 57 - Fort Scott/bourbon County Riverfront Authority › 12-5703 Authority created; purpose.

12-5703.
Authority created; purpose.
There is hereby created the Fort Scott/Bourbon county riverfront authority. The purpose of the authority is to promote the general welfare and encourage private capital investment by fostering the creation of recreational, retail, entertainment, economic development and housing within the riverfront.
History:
L. 2007, ch. 120, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 57 - Fort Scott/bourbon County Riverfront Authority › 12-5704 Lawsuits; seal.

12-5704.
Lawsuits; seal.
The authority may sue and be sued in its corporate name. The authority may adopt a common seal and change the same at pleasure.
History:
L. 2007, ch. 120, § 4; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 57 - Fort Scott/bourbon County Riverfront Authority › 12-5705 Planning and design of riverfront; general powers.

12-5705.
Planning and design of riverfront; general powers.
For the first three years of its existence, the authority shall engage in planning and design of the riverfront. At all times the authority shall have power to acquire, construct, own, operate and maintain for public service a riverfront system in the metropolitan area 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. 2007, ch. 120, § 5; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 57 - Fort Scott/bourbon County Riverfront Authority › 12-5706 Acquisition of property.

12-5706.
Acquisition of property.
(a) Except as provided by subsection (c), the authority shall have power to acquire by purchase, lease, gift or otherwise all or any part of real property, property, rights in property, water rights and riparian rights for the purpose of planning, development and creation of a riverfront within the metropolitan area as herein defined.
(b) Except as provided by subsection (c), the authority shall have power to acquire by purchase, 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.
(c) The authority shall not have the power to take property by eminent domain.
History:
L. 2007, ch. 120, § 6; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 57 - Fort Scott/bourbon County Riverfront Authority › 12-5707 Equipment; purchase, agreements and leases.

12-5707.
Equipment; purchase, agreements and leases.
(a) The authority shall have power to purchase equipment, recreational equipment and make public improvements, construct dams and docks and may execute agreements, leases and 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 riverfront authority and from grants. 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.
(b) 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.
(c) 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 riverfront authority.
(d) 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.
(e) An executed copy of each such agreement and lease shall be filed in the office of the city and county clerk of the city and county in which said authority is operating and such filing shall constitute notice to any subsequent judgment creditor or any subsequent purchaser.
History:
L. 2007, ch. 120, § 7; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 57 - Fort Scott/bourbon County Riverfront Authority › 12-5708 Application for and acceptance of grants.

12-5708.
Application for and acceptance of grants.
The authority shall have power to apply for and accept grants from the federal or state government or any local government, or any agency thereof, or from any other public or private entity, to be used for any of the purposes of the authority and to enter into any agreement with the federal or state government or any local government, or any agency thereof, or any other public or private entity, in relation to such grants; 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. 2007, ch. 120, § 8; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 57 - Fort Scott/bourbon County Riverfront Authority › 12-5709 Investment of funds.

12-5709.
Investment of 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 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. 2007, ch. 120, § 9; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 57 - Fort Scott/bourbon County Riverfront Authority › 12-5710 Insurance.

12-5710.
Insurance.
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. 2007, ch. 120, § 10; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 57 - Fort Scott/bourbon County Riverfront Authority › 12-5712 Secretary and treasurer; requirements; monetary transactions.

12-5712.
Secretary and treasurer; requirements; monetary transactions.
(a) The board shall appoint a secretary and a treasurer, who need not be members of the board, to hold office during the pleasure of the board, and fix their duties and compensation. Before entering upon the duties of their respective offices they shall take and subscribe the constitutional oath of office, and the treasurer shall execute a bond with corporate sureties to be approved by the board. The bond shall be payable to the authority in whatever penal sum may be directed by the board conditioned upon the faithful performance of the duties of the office and the payment of all money received by the treasurer according to law and the orders of the board. The board at any time may require a new bond from the treasurer in such penal sum as may then be determined by the board. The obligation of the sureties shall not extend to any loss sustained by the insolvency, failure or closing of any national or state bank wherein the treasurer has deposited funds if the bank has been approved by the board as a depositary for these funds. The oaths of office and the treasurer's bond shall be filed in the principal office of the authority.
(b) All funds deposited by the treasurer in any bank shall be placed in the name of the authority and shall be withdrawn or paid out only by check or draft upon the bank, signed by the treasurer and countersigned by the chairperson of the board, except that the board may designate any of its members or any officer or employee of the authority to affix the facsimile signature of the chairperson and another to affix the facsimile signature of the treasurer to any check or draft.
(c) In case any officer whose signature appears upon any check, draft, bond, certificate or interest coupon, issued pursuant to this act, ceases to hold such officer's office before the delivery thereof to the payee or the purchaser of any bond or certificate, the officer's signature nevertheless shall be valid and sufficient for all purposes with the same effect as if the officer had remained in office until delivery thereof.
History:
L. 2007, ch. 120, § 12; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 57 - Fort Scott/bourbon County Riverfront Authority › 12-5713 General manager and other personnel.

12-5713.
General manager and other personnel.
The board may appoint a general manager and such other persons who are necessary to make the authority succeed. The general manager shall hold office at the pleasure of the board. The general manager shall manage the properties and business of the authority and the employees thereof, subject to the general control of the board, shall direct the enforcement of all resolutions, rules and regulations of the board, and shall perform such other duties as may be prescribed by the board. No discrimination shall be made in any appointment or promotion because of race, creed, color, disability, religious or political affiliations.
History:
L. 2007, ch. 120, § 13; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 57 - Fort Scott/bourbon County Riverfront Authority › 12-5714 Rules and regulations.

12-5714.
Rules and regulations.
The board shall make all rules and regulations necessary to govern the operation of the riverfront and its property and facilities and to exercise the powers granted to the authority.
History:
L. 2007, ch. 120, § 14; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 57 - Fort Scott/bourbon County Riverfront Authority › 12-5715 Fiscal year; budget; annual report and financial statement.

12-5715.
Fiscal year; budget; annual report and financial statement.
(a) The board shall establish a fiscal operating year. At least 30 days prior to the beginning of the first full fiscal year after the creation of the authority, and annually thereafter, the board shall cause to be prepared a tentative budget which shall include all operation and maintenance expense for the ensuing fiscal year. The tentative budget shall be considered by the board and, subject to any revision and amendments as may be determined, shall be adopted prior to the first day of the ensuing fiscal year as the budget for that year. No expenditures for operations and maintenance in excess of the budget shall be made during any fiscal year except by the affirmative vote of at least four members of the board. It shall not be necessary to include in the annual budget any statement of necessary expenditures for pensions or retirement annuities, or for interest or principal payments on bonds or certificates, or for capital outlays, but it shall be the duty of the board to make provisions for payment of same from appropriate funds.
(b) As soon after the end of each fiscal year as may be expedient, the board shall cause to be prepared and printed a complete and detailed report and financial statement of its operation and of its assets and liabilities. A reasonably sufficient number of copies of such report shall be printed for distribution to persons interested and copies of such report shall be filed with the city and county clerks of the city and county.
History:
L. 2007, ch. 120, § 15; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 57 - Fort Scott/bourbon County Riverfront Authority › 12-5716 Damage reserve fund.

12-5716.
Damage reserve fund.
(a) The board shall withdraw from the gross receipts of the authority and charge to operating expenses such an amount of money as in the opinion of the board shall be sufficient to provide for the adjustment, defense and satisfaction of all suits, claims, demands, rights and causes of action and the payment and satisfaction of all judgments entered against the authority for damage caused by injury to or death of any person and for damage to property resulting from the construction, maintenance and operation of the riverfront and the board shall deposit such moneys in a fund to be known and designated as the damage reserve fund.
(b) The board shall use the moneys in the damage reserve fund to pay all expenses and costs arising from the adjustment, defense and satisfaction of all suits, claims, demands, rights and causes of action and the payment and satisfaction of all judgments entered against the authority for damages caused by injury to or death of any person and for damage to property resulting from the construction, maintenance and operation of the authority. At any time and from time to time the board may obtain and maintain insurance coverage or protection partially or wholly insuring or indemnifying the authority against loss or liability on account of injury to or death of any person and for damage to property resulting from the construction, maintenance and operations of the authority. The cost of obtaining and maintaining such insurance shall be paid out of the moneys in the damage reserve fund. All moneys received from such insurance coverage or protection shall be paid into the damage reserve fund.
History:
L. 2007, ch. 120, § 16; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 57 - Fort Scott/bourbon County Riverfront Authority › 12-5717 Special funds.

12-5717.
Special funds.
The authority pursuant to resolutions adopted from time to time by the board may establish and create such other and additional special funds as may be found desirable by the board and in and by such ordinances may provide for payments into all special funds from specified sources with such preferences and priorities as may be deemed advisable and may also by any such resolution provide for the custody, disbursement and application of any moneys in any such special funds consistent with the provisions of this act.
History:
L. 2007, ch. 120, § 17; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 57 - Fort Scott/bourbon County Riverfront Authority › 12-5718 Application of Kansas tort claims act.

12-5718.
Application of Kansas tort claims act.
The authority is a municipality as defined by the Kansas tort claims act, K.S.A. 75-6101 et seq., and amendments thereto, and entitled to avail itself of the protections therein. No civil action shall be commenced in any court against the authority by any person for any injury to such person unless it is commenced within two years after the date that the injury was received or the cause of action accrued.
History:
L. 2007, ch. 120, § 18; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 57 - Fort Scott/bourbon County Riverfront Authority › 12-5719 Severability.

12-5719.
Severability.
If any provision of this act is held invalid, such provision shall be deemed to be excised from this act and the invalidity thereof shall not affect any of the other provisions of this act. If the application of any provision of this act to any person or circumstance is held invalid, it shall not affect the application of such provisions to persons or circumstances other than those as to which it is invalid.
History:
L. 2007, ch. 120, § 19; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 58 - De Soto/johnson County Riverfront Authority › 12-5801 De Soto/Johnson county riverfront authority act; citation; severability.

12-5801.
De Soto/Johnson county riverfront authority act; citation; severability.
(a) This act shall be known and may be cited as the De Soto/Johnson county riverfront authority act.
(b) If any provision of this act is held invalid, such provision shall be deemed to be excised from this act and the invalidity thereof shall not affect any of the other provisions of this act. If the application of any provision of this act to any person or circumstance is held invalid, it shall not affect the application of such provisions to persons or circumstances other than those as to which it is invalid.
History:
L. 2008, ch. 85, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 58 - De Soto/johnson County Riverfront Authority › 12-5802 Same; definitions.

12-5802.
Same; definitions.
As used in this act:
(a) "Authority" means the riverfront authority created by this act.
(b) "Board" means the riverfront board created by this act.
(c) "City" means the city of De Soto.
(d) "Commission" means the county commission of Johnson county.
(e) "Council" means the city council of De Soto.
(f) "County" means Johnson county.
(g) "Mayor" means the mayor of De Soto.
(h) "Metropolitan area" includes the area within the corporate limits of the city of De Soto and within five miles of the corporate limits along the Kansas river.
(i) "Riverfront" means all real estate, equipment, rights and property useful for the purpose of recreation, along the banks of the Kansas river that runs through the city of De Soto and Johnson county.
History:
L. 2008, ch. 85, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 58 - De Soto/johnson County Riverfront Authority › 12-5803 Same; authority created; purpose.

12-5803.
Same; authority created; purpose.
There is hereby created the De Soto/Johnson county riverfront authority. The purpose of the authority is to promote the general welfare and encourage private capital investment by fostering the creation of recreational, retail, entertainment, economic development and housing within the riverfront.
History:
L. 2008, ch. 85, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 58 - De Soto/johnson County Riverfront Authority › 12-5804 Same; lawsuits; seal.

12-5804.
Same; lawsuits; seal.
The authority may sue and be sued in its corporate name. The authority may adopt a common seal and change the same at pleasure.
History:
L. 2008, ch. 85, § 4; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 58 - De Soto/johnson County Riverfront Authority › 12-5805 Same; planning and design of riverfront; general powers.

12-5805.
Same; planning and design of riverfront; general powers.
For the first three years of its existence, the authority shall engage in planning and design of the riverfront. At all times the authority shall have power to acquire, construct, own, operate and maintain for public service a riverfront system in the metropolitan area 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. 2008, ch. 85, § 5; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 58 - De Soto/johnson County Riverfront Authority › 12-5806 Same; acquisition of property.

12-5806.
Same; acquisition of property.
(a) Except as provided by subsection (c), the authority shall have power to acquire by purchase, lease, gift or otherwise all or any part of real property, property, rights in property, water rights and riparian rights for the purpose of planning, development and creation of a riverfront within the metropolitan area as herein defined.
(b) Except as provided by subsection (c), the authority shall have power to acquire by purchase, 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.
(c) The authority shall not have the power to take property by eminent domain.
History:
L. 2008, ch. 85, § 6; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 58 - De Soto/johnson County Riverfront Authority › 12-5807 Same; equipment; purchase, agreements and leases.

12-5807.
Same; equipment; purchase, agreements and leases.
(a) The authority shall have power to purchase equipment, recreational equipment and make public improvements, construct dams and docks and may execute agreements, leases and 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 riverfront authority and from grants. 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.
(b) 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.
(c) 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 riverfront authority.
(d) 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.
(e) An executed copy of each such agreement and lease shall be filed in the office of the city and county clerk of the city and county in which said authority is operating and such filing shall constitute notice to any subsequent judgment creditor or any subsequent purchaser.
History:
L. 2008, ch. 85, § 7; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 58 - De Soto/johnson County Riverfront Authority › 12-5808 Same; application for and acceptance of grants.

12-5808.
Same; application for and acceptance of grants.
The authority shall have power to apply for and accept grants from the federal or state government or any local government, or any agency thereof, or from any other public or private entity, to be used for any of the purposes of the authority and to enter into any agreement with the federal or state government or any local government, or any agency thereof, or any other public or private entity, in relation to such grants; 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. 2008, ch. 85, § 8; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 58 - De Soto/johnson County Riverfront Authority › 12-5809 Same; investment of funds.

12-5809.
Same; investment of 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 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. 2008, ch. 85, § 9; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 58 - De Soto/johnson County Riverfront Authority › 12-5810 Same; insurance.

12-5810.
Same; insurance.
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 office or employment or any other insurable risk.
History:
L. 2008, ch. 85, § 10; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 58 - De Soto/johnson County Riverfront Authority › 12-5812 Same; secretary and treasurer; requirements; monetary transactions.

12-5812.
Same; secretary and treasurer; requirements; monetary transactions.
(a) The board shall appoint a secretary and a treasurer, who need not be members of the board, to hold office during the pleasure of the board, and fix their duties and compensation. Before entering upon the duties of their respective offices they shall take and subscribe the constitutional oath of office, and the treasurer shall execute a bond with corporate sureties to be approved by the board. The bond shall be payable to the authority in whatever penal sum may be directed by the board conditioned upon the faithful performance of the duties of the office and the payment of all money received by the treasurer according to law and the orders of the board. The board at any time may require a new bond from the treasurer in such penal sum as may then be determined by the board. The obligation of the sureties shall not extend to any loss sustained by the insolvency, failure or closing of any national or state bank wherein the treasurer has deposited funds if the bank has been approved by the board as a depositary for these funds. The oaths of office and the treasurer's bond shall be filed in the principal office of the authority.
(b) All funds deposited by the treasurer in any bank shall be placed in the name of the authority and shall be withdrawn or paid out only by check or draft upon the bank, signed by the treasurer and countersigned by the chairperson of the board, except that the board may designate any of its members or any officer or employee of the authority to affix the facsimile signature of the chairperson and another to affix the facsimile signature of the treasurer to any check or draft.
(c) In case any officer whose signature appears upon any check, draft, bond, certificate or interest coupon, issued pursuant to this act, ceases to hold such officer's office before the delivery thereof to the payee or the purchaser of any bond or certificate, the officer's signature nevertheless shall be valid and sufficient for all purposes with the same effect as if the officer had remained in office until delivery thereof.
History:
L. 2008, ch. 85, § 12; July 1.