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.
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.
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.
12-5604: Suits; 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.
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.
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.
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.
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.
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.
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.
12-5611: Governing board; appointment; terms;
officers; meetings; procedure.
(a) The governing and administrative body of the authority shall
be
a board
consisting
of six members, to be known as the riverfront board. Members of the board
shall be residents of Kansas. No member of the board shall be an elected
official.
(b) Members shall not be paid a salary, but shall be reimbursed for actual
expenses
incurred by them in the performance of their duties.
(c) Members of the board shall be appointed as follows: Three shall be
appointed by the mayor with the approval of the council and
three
shall be appointed by the commission. Of the first appointees, the
council and
mayor shall designate one member to serve a term of one year, one to serve two
years and one to serve a three-year term. The commission shall designate the
terms of its appointees likewise. Should the city and county consolidate, then
the
members shall be appointed by the governing body of the consolidated government
as set forth above.
(d) Upon the expiration of the term of any member, all successor
members of the board shall be appointed and hold office for terms of three
years from the date of appointment.
The city clerk or county clerk shall certify the action of the respective
governing body
with respect to such appointments and file such certificates as a part of the
records
of the office of either the city or county clerk. 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 and county
clerk.
(e) 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 council and
the commission, 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 a member shall become vacant. A
vacancy
shall be filled for the unexpired term by appointment in the same manner as the
original appointment.
(f) As soon as possible after the appointment of the initial members, the
board shall
organize for the transaction of business, select a chairperson and a temporary
secretary
from its members and adopt bylaws, rules and regulations to govern its
proceedings. The initial chairperson and successors shall be elected by the
board
from
time to time for the term of the chairperson's office as a member of the board
or for
the
term of three years, whichever is shorter.
(g) Regular meetings of the board shall be held at least once each
calendar month,
the time and place of such meetings to be fixed by the board. Four members of
the
board shall constitute a quorum for the transaction of business.
(h) 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 any such resolution, the chairperson shall return
it to the board with the chairperson's written objections thereto at the next
regular meeting of the board occurring after the passage thereof. If the
chairperson fails to return any resolution with the objections thereto by
the prescribed
time, the chairperson shall be deemed to have approved the same and it
shall
take effect accordingly. Upon the return of any resolution by the chairperson
with the chairperson's objections, the
vote by which such resolution was passed shall be reconsidered by the board. If
upon
reconsideration the resolution is passed by the affirmative vote of at
least five 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
negotiations, actions or proceedings to which the authority is a party.
History: L. 2006, ch. 83, § 11; July 1.
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.
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.
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.
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.
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.
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.
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.
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.