For the purpose of evidencing the obligation of the authority to repay
any money borrowed as aforesaid, the authority, pursuant to a duly adopted
resolution by the board may issue and dispose of at one time or from time
to time its interest-bearing revenue bonds or certificates and also from
time to time may issue and dispose of its interest-bearing revenue bonds or
certificates to refund any bonds or certificates at maturity, or pursuant
to redemption provisions, or at any time before maturity with the consent
of the holders thereof.
All such bonds and certificates shall be payable from the revenues or
income to be derived from the transportation system, from the moneys
derived from the tax levy authorized by K.S.A. 12-2814, and amendments
thereto, and from all other
funds and moneys available to the authority, from whatever source derived,
which revenues, income, funds and moneys, or such portion thereof as may be
required, are hereby pledged for the payment of such bonds and
certificates. Such bonds and certificates may bear such date,
mature at such time not exceeding 40 years from their
respective dates, bear interest at such rate, not exceeding
the maximum rate of interest prescribed by K.S.A. 10-1009, and amendments
thereto, be in such form,
carry such registration privileges, be executed in such manner, be payable
at such place,
be made subject to redemption in such manner and upon such terms, with or
without premium as is stated on the face thereof, be authenticated in
such manner and may contain such terms and covenants, all as may be
provided in such resolution.
Notwithstanding the form or tenor thereof and in the absence of an
express recital on the face thereof that it is nonnegotiable all such
bonds and certificates shall be negotiable instruments. Pending the
preparation and execution of any such bonds or certificates, temporary
bonds or certificates may be issued with or without interest coupons as may
be provided by a duly adopted resolution of the board. To secure the payment
of any or all of such bonds or certificates and for the purpose of setting
forth the covenants and undertakings of the authority in connection with
the issuance thereof and the issuance of any additional bonds or
certificates payable from such revenues, income, funds and moneys as
provided herein, the authority may execute and deliver a trust agreement
but no lien upon any physical property of the
authority shall be created thereby. A remedy for any breach or default of
the terms of any such trust agreement by the authority may be by mandamus
proceedings in any court of competent jurisdiction to compel performance
and compliance therewith, but the trust agreement may prescribe by whom or
on whose behalf such action may be instituted. Under no circumstances shall
any bonds or certificates issued by the authority or any other obligation
of the authority be or become an indebtedness or obligation of the state of
Kansas or of any other political subdivision of or municipality within the
state, nor shall any such bond, certificate, or obligation be or become an
indebtedness of the authority within the purview of any constitutional
limitation or provision, and it shall be plainly stated on the face of each
bond and certificate that it does not constitute such an indebtedness or
obligation but is payable solely from the revenues, income, funds and
moneys as provided herein.
The sale of any bonds or certificates pursuant to this section shall be
made in the manner designated by the board in the resolution authorizing
the issuance thereof.
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.
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 [other funds]
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.
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.
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.
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.
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.
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.
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.
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.
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.
12-2819: Same; meetings; action by resolution; public records.
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 chairman of the board, and if he or she shall approve
thereof he or she shall sign the same, and such as he or she shall not
approve the chairman shall return to the board with his or her objections
thereto in writing at the next regular meeting of the board occurring after
the passage thereof. But in case the chairman shall fail to return any
resolution with the objections thereto by the time aforesaid, the chairman
shall be deemed to have approved the same and it shall take effect
accordingly.
Upon the return of any resolution by the chairman with his or her
objections, the vote by which the same was passed shall be reconsidered by
the board, and if upon such reconsideration said resolution is passed by
the affirmative vote of at least four members, it shall go into effect
notwithstanding the veto of the chairman. 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 negotiations, action or proceedings to which the authority is a
party.
History: L. 1955, ch. 118, § 19; April 13.
12-2820: Same; secretary; treasurer; compensation; oaths; bond of
treasurer.
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. The secretary shall not be engaged in
any other business or employment during his or her tenure of office as
secretary of the board. 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 him or her according to law and the orders of the board.
The board may, at any time, 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.
History: L. 1955, ch. 118, § 20; April 13.
12-2821: Funds of authority; deposits and expenditures.
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
chairman 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 chairman and another to affix the facsimile signature of
the treasurer to any check or draft.
History: L. 1955, ch. 118, § 21; L. 1974, ch. 66,
§ 1; July 1.
12-2822: Signatures of officers valid.
In case any officer whose signature appears upon any check, draft, bond,
certificate or interest coupon, issued pursuant to this act, ceases to hold
his or her 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 he or she
had remained in office until delivery thereof.
History: L. 1955, ch. 118, § 22; April 13.
12-2823: Appointment of manager, attorney, engineer and other
officers; duties; bonds; compensation.
The board may appoint a general manager who shall be a person of
recognized ability and experience in the operation of transportation
systems. The general manager shall hold office during 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. The board may appoint a general attorney and a
chief engineer and shall provide for the appointment of other officers,
attorneys, engineers, consultants, agents and employees as may be necessary
for the construction, extension, operation, maintenance, and policing of
its properties. The board shall define their duties and require bonds of
such of them as the board may designate. The general manager, general
attorney, chief engineer, and all other officers provided for pursuant to
this section shall be exempt from taking and subscribing any oath of
office. The compensation of the general manager, general attorney, chief
engineer, and all other officers, attorneys, consultants, agents and
employees shall be fixed by the board.
History: L. 1955, ch. 118, § 23; L. 1975, ch. 52, § 2; July 1.
12-2824: Employment classification and regulation.
The board shall classify all the offices, positions and grades of
regular employment required, excepting that of the chairman of the board,
the general manager, secretary, treasurer, general attorney, and chief
engineer, with reference to the duties thereof and the compensation fixed
therefor, and adopt rules governing appointments to any of such offices or
positions on the basis of merit and efficiency. No discrimination shall be
made in any appointment or promotion because of race, creed, color or
political or religious affiliations. No officer or employee shall be
discharged or demoted except for cause which is detrimental to the service.
Any officer or employee who is discharged or demoted may file a complaint
in writing with the board within ten days after notice of his or her
discharge or demotion. If an employee is a member of a labor organization
the complaint may be filed by such organization for and in behalf of such
employee. The board shall grant a hearing on such complaint within thirty
(30) days after it is filed. The time and place of the hearing shall be
fixed by the board and due notice thereof given to the complainant, the
labor organization by or through which the complaint was filed and the
general manager. The hearing shall be conducted by the board, or any member
thereof or any officers' committee or employees' committee appointed by the
board. The complainant may be represented by counsel.
If the board finds, or approves a finding of the member or committee
appointed by the board, that the complainant has been unjustly discharged
or demoted, the complainant shall be restored to his or her office or
position with back pay. The decision of the board shall be final and not
subject to review. The board may abolish any office or reduce the force of
employees for lack of work or lack of funds, but in so doing the officer or
employee with the shortest service record in the class and grade to which
he or she belongs shall be first released from service and shall be
reinstated in order of seniority when additional force of employees is
required. Seniority shall be considered a working condition and where
employees are represented by a labor organization which has any labor
agreement with the authority such working conditions shall be governed by
the terms of such agreement.
History: L. 1955, ch. 118, § 24; April 13.
12-2825: Contracts with labor organizations.
The board may deal with and enter into written contracts with the
employees of the authority through accredited representatives of such
employees or representatives of any labor organization authorized to act
for such employees, concerning wages, salaries, hours, working conditions
and pension or retirement provisions: Provided, Nothing herein shall
be construed to permit hours of labor in excess of those provided by law or
to permit working conditions prohibited by law. In case of dispute over
wages, salaries, hours, working conditions, or pension or retirement
provisions the board may arbitrate any question or questions and may agree
with such accredited representatives or labor organization that the
decision of a majority of any arbitration board shall be final, provided
each party shall agree in advance to pay half of the expense of such
arbitration.
No contract or agreement shall be made with any labor organization,
association, group or individual for the employment of members of such
organization, association, group or individual for the construction,
improvement, maintenance, operation or administration of any property,
plant or facilities under the jurisdiction of the authority, where such
organization, association, group or individual denies on the ground of
race, creed or color, membership and equal opportunities for employment to
any citizen of Kansas.
History: L. 1955, ch. 118, § 25; April 13.
12-2826: Rules and regulations; rates, fares and charges; free
transportation, certain.
The board shall make all rules and regulations governing the operation
of the transportation system, shall determine all routings and change the
same whenever it is deemed advisable by the board, subject to the
provisions of any ordinance granting rights to the authority.
The board shall fix rates, fares and charges for transportation,
provided that they shall be at all times sufficient in the aggregate to
provide revenues (a) for the payment of the interest on and principal of
all bonds, certificates and other obligations payable from said revenues
and to meet all other charges upon such revenues as provided by any trust
agreement executed by the authority in connection with the issuance of
bonds or certificates under this act, (b) for the payment of all operating
costs and all other costs and charges incidental to the operation of the
transportation system, (c) for the payment of all costs and charges
incurred pursuant by [to] this act and any other costs and charges for
acquisition, installation, construction, or for replacement or
reconstruction of equipment, structures or rights of way not financed
through issuance of bonds or certificates under this act, and (d) for any
compensation required to be paid to any municipality for the use of
streets, subways and other public ways.
The board may provide free transportation within any municipality in
which they are employed for firemen, when in uniform, and policemen when in
uniform or when not in uniform and certified for special duty, and for
employees of the authority when in uniform or upon presentation of
identification as such employees, and may enter into agreements with the
United States post office department for the transportation of mail, and
the payment of compensation to the authority in lieu of fares for the
transportation of letter carriers, when in uniform at all times.
History: L. 1955, ch. 118, § 26; April 13.
12-2827: Property and facilities, regulations.
The board shall have power to make all rules and regulations proper or
necessary to regulate the use, operation and maintenance of its property
and facilities, and to carry into effect the powers granted to the
authority.
History: L. 1955, ch. 118, § 27; April 13.
12-2828: Letting of certain contracts; bids; exceptions.
All contracts for the sale of property of the value of more than two
thousand five hundred dollars ($2,500) or for any concession in or lease of
property of the authority for a term of more than one year shall be awarded
to the highest responsible bidder, after advertising for bids. All
construction contracts and contracts for supplies, materials, equipment and
services, when the expense thereof will exceed two thousand five hundred
dollars ($2,500), shall be let to the lowest responsible bidder, after
advertising for bids, excepting (1) when by vote of at least four members
of the board, it is determined that an emergency requires immediate
delivery of supplies, materials or equipment or performance of services;
(2) when repair parts, accessories, equipment or services are required for
equipment or services previously furnished or contracted for; (3) when the
nature of the services required is such that competitive bidding is not in
the best interest of the public, including, without limiting the generality
of the foregoing, the services of accountants, architects, attorneys,
engineers, physicians, superintendents of construction, and others
possessing a high degree of skill; (4) when services such as water, light,
heat, power, telephone or telegraph are required.
All contracts involving less than two thousand five hundred dollars
($2,500) shall be let by competitive bidding whenever possible, and in any
event in a manner calculated to insure the best interests of the public.
In determining the responsibility of any bidder, the board may take into
account past record of dealings with the bidder, experience, adequacy of
equipment, ability to complete performance within the time set, and other
factors besides financial responsibility, but in no case shall any such
contract be awarded to any other than the highest bidder (in case of sale,
concession or lease) or the lowest bidder (in case of purchase or
expenditure) unless authorized or approved by a vote of at least four
members of the board, and unless such action is accompanied by a statement
in writing setting forth the reasons for not awarding the contract to the
highest or lowest bidder, as the case may be, which statement shall be kept
on file in the principal office of the authority and open to public
inspection.
Contracts shall not be split into parts involving expenditure of less
than two thousand five hundred dollars ($2,500) for the purpose of avoiding
the provisions of this section, and all such split contracts shall be void.
If any collusion occurs among bidders or prospective bidders in restraint
of freedom of competition, by agreement to bid a fixed amount or to refrain
from bidding, or otherwise, the bids of such bidders shall be void. Each
bidder shall accompany his or her bid with a sworn statement that he or she
has not been a party to any such agreement.
The board shall have the right to reject all bids and to readvertise for
bids. If after such readvertisement no responsible and satisfactory bid,
within the terms of the advertisement, shall be received, the board may
award such contract without competitive bidding, provided that it shall not
be less advantageous to the authority than any valid bid received pursuant
to advertisement.
History: L. 1955, ch. 118, § 28; L. 1970, ch. 366,
§ 11; April 1.
12-2829: Advertisements for bids; awarding of contracts.
Advertisements for bids shall be published once in a daily
newspaper of general circulation published in the metropolitan area, at
least 10 calendar days before the time for
receiving bids. The advertisement shall also be posted on readily
accessible bulletin boards in the principal office of the authority. The
advertisement shall state the time and place for receiving and
opening bids and, by reference to plans and specifications on file at
the time of the first publication or in the advertisement itself, shall
describe the character of the proposed contract in sufficient detail to
fully advise prospective bidders of their obligations and to insure free
and open competitive bidding.
All bids in response to advertisement shall be sealed and shall be
publicly opened by the board, and all bidders shall be entitled to be
present in person or by representatives. Cash or a certified or
satisfactory cashier's check, as a deposit of good faith, in a
reasonable amount to be fixed by the board before advertising for bids,
shall be required with the proposal of each bidder. Bond for faithful
performance of the contract with surety or sureties satisfactory to the
board and adequate insurance may be required in reasonable amounts
fixed by the board before advertising for bids.
The contract shall be awarded as promptly as possible after the
opening of bids. The bid of the successful bidder, as well as the bids
of the unsuccessful bidders, shall be placed on file and be open to
public inspection. All bids shall be void if any disclosure of the terms
of any bid in response to an advertisement is made or permitted to be
made by the board before the time fixed for opening bids.
History: L. 1955, ch. 118, § 29; L. 1981, ch. 173, § 30; July 1.
12-2830: Fiscal year; budget.
The board shall establish a fiscal operating year. At least thirty 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.
History: L. 1955, ch. 118, § 30; April 13.
12-2831: Same; financial statements.
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
reasonable 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 clerk of the governing body adopting this act.
History: L. 1955, ch. 118, § 31; April 13.
12-2832: Modernization of system; fund; loans.
It shall be the duty of the board, as promptly as possible, to
rehabilitate, reconstruct and modernize all portions of any transportation
system acquired by the authority and to maintain at all times an adequate
and modern transportation system suitable and adapted to the needs of the
municipalities served by the authority, and for safe, comfortable and
convenient service. To that end the board shall establish a modernization
fund which shall include, but is not limited to, cash in renewal, equipment
or depreciation funds which are part of a private transportation system
acquired by the authority and any excess cash derived from the sale of
revenue bonds or certificates. The moneys in the modernization fund shall
be disbursed for the purpose of acquiring or constructing extensions and
improvements and betterment of the system, to make replacements of property
damaged or destroyed or in necessary cases where depreciation fund is
insufficient, to purchase and cancel its revenue bonds and certificates
prior to their maturity at the price of not to exceed their par value, and
to redeem and cancel its revenue bonds and certificates according to their
terms. The board may make temporary loans from the modernization fund for
use as initial working capital.
History: L. 1955, ch. 118, § 32; April 13.
12-2833: Same; depreciation policy.
To assure modern, attractive transportation service the board may
establish a depreciation policy which makes provision for the continuous
and prompt replacement of worn out and obsolete property and the board may
make provision for such depreciation of the property of the authority as is
not offset by current expenditures for maintenance, repairs and
replacements under such rules and regulations as may be prescribed by the
board. The board from time to time shall make a determination of the
relationship between the service condition of the properties of the
authority and the then established depreciation rates and reserves and from
time to time may make adjustments or modifications of such rates in such
amounts as it may deem appropriate because of experienced and estimated
consumption of service life of road, plant, and equipment.
History: L. 1955, ch. 118, § 33; April 13.
12-2834: Operating expenses; damage reserve fund; liability insurance.
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
transportation system and the board shall deposit such moneys in a fund to
be known and designated as the damage reserve fund.
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
transportation system. 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 transportation
system. 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. 1955, ch. 118, § 34; April 13.
12-2835: Special funds; creation; use.
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. 1955, ch. 118, § 35; April 13.
12-2836: Limitation of actions for injuries; time for filing notice.
No civil action shall be commenced in any court against the authority by
any person for any injury to his or her person unless it is commenced
within two years from the date that the injury was received or the cause of
action accrued. Within one year from the date that such an injury was
received or such cause of action accrued, any person who is about to
commence any civil action in any court against the authority for damages on
account of any injury to his or her person shall file in the office of the
secretary of the board and also in the office of the general attorney for
the authority either by himself or herself, his or her agent, or attorney,
a statement, in writing, signed by himself or herself, his or her agent, or
attorney, giving the name of the person to whom the cause of action has
accrued, the name and residence of the person injured, the date and about
the hour of the accident, the place or location where the accident occurred
and the name and address of the attending physician, if any. If the notice
provided for by this section is not filed as provided, any such civil
action commenced against the authority shall be dismissed and the person to
whom any such cause of action accrued for any personal injury shall be
forever barred from further suing.
History: L. 1955, ch. 118, § 36; April 13.
12-2837: Investigations by transit board; testimony.
The board may investigate all means of transportation and the management
thereof, the enforcement of its rules and regulations, and the action,
conduct and efficiency of all officers, agents and employees of the
authority. In the conduct of such investigations the board may hold public
hearings on its own motion, and shall do so on complaint or petition of any
municipality which has adopted this act or which has granted rights to the
authority by ordinance. Each member of the board shall have power to
administer oaths, and the secretary, by order of the board shall issue
subpoenas to secure the attendance and testimony of witnesses, and the
production of books and papers relevant to such investigations and to any
hearing before the board or any member thereof or any officers' committee
or employees' committee appointed by the board to hear any complaint of an
officer or employee who has been discharged or demoted.
Any district court of this state or any judge thereof, either in term
time or vacation, upon application of the board, or any member thereof, may
in his or her discretion compel the attendance of witnesses, the production
of books and papers, and giving of testimony before the board or before any
member thereof or any officers' committee or employees' committee appointed
by the board, by attachment for contempt or otherwise in the same manner as
the production of evidence may be compelled before said court.
History: L. 1955, ch. 118, § 37; April 13.
12-2838: Invalidity of part.
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. 1955, ch. 118, § 38; April 13.
12-2839: Adoption of ordinance; election required.
The
provisions of this
act shall be adopted by ordinance at any regular
meeting, adjourned meeting or special meeting called for such
purpose. Any such ordinance shall not take
effect unless and
until the question of the approval of such ordinance has been submitted to
a vote of the electors of the city and a majority of those voting on the
question shall have voted in favor thereof. The election and vote on
any such ordinance shall be called, held and conducted in like manner as
provided by the general bond law.
History: L. 1955, ch. 118, § 39; L. 1984, ch. 76, § 3; April 5.
12-2840: Reimbursement of motor-fuel and special fuel taxes paid,
when; ordinance; payment from street fund.
The governing body of any city may provide by ordinance for the
reimbursement to any person, firm, or corporation of all or any part of the
motor-fuel tax or the special fuel tax imposed by law which has been paid
by such person, firm, or corporation on motor fuels or special fuels used
for the purpose of operating or propelling motor vehicles in connection
with the transportation of persons in the operation of a franchised mass
public transportation system over fixed routes within such city and its
immediate environs. Such reimbursements shall be paid from the street fund
of such city to which is credited funds received under the provisions of
K.S.A. 79-3425b.
History: L. 1959, ch. 396, § 1; June 30.