Kansas Statutes

Chapter 13: Cities Of The First Class

Part II.--COMMISSION GOVERNMENT

Article 31: Public Transportation

Statutes:

• 13-3101: Transit systems in cities over 225,000; findings; resolution; election, notice; operation; transit system defined.
• 13-3102: Same; exercise of authority by city.
• 13-3103: Same; employees.
• 13-3104: Same; powers to conduct system.
• 13-3105: Same; extension of system outside city.
• 13-3106: Same; leasing provisions.
• 13-3107: Same; eminent domain.
• 13-3108: Same; costs; tax levy, use of proceeds.
• 13-3109: Same; agreements with federal government.
• 13-3110: Same; extension of service outside county; approval of corporation commission.
• 13-3111: Same; issuance of revenue bonds; refunding bonds.
• 13-3112: Same; payment of bonds; pledges.
• 13-3113: Same; issuance of bonds.
• 13-3114: Same; tax exemptions for bonds.
• 13-3115: Same; certain laws inapplicable to operation of system.
• 13-3116: Same; invalidity of part.

• 13-3101: Transit systems in cities over 225,000; findings; resolution; election, notice; operation; transit system defined. Any city having a population of over two hundred twenty-five thousand (225,000) may invoke the authority contained in this act on a finding by its governing body that all of the following states of fact exist:

        (a)   Transportation of persons within the metropolitan area of such city is necessary and convenient to the well-being of such city and its inhabitants.

        (b)   Privately owned public transportation facilities in operation in such city are inadequate.

        (c)   It is impossible for existing franchised operators of transportation facilities or some of them to render the necessary service with adequate resulting return on their investment of capital.

        (d)   Assignment of the existing franchise by the holder to another or release thereof and granting of a new franchise by any such city will not afford adequate service.

        Such findings, if made, shall be by resolution adopted by the governing body of such city on an affirmative recorded vote of at least two-thirds (2/3) of the elected members of such governing body. Such resolution shall outline the proposed public operation of a transit system and shall call for a special election by the electors of the city and shall fix the date thereof. Such resolution shall be published in full in the official city newspaper. Notice of said election shall be given and the election shall be conducted all in the manner provided by law for regular city elections. The proposition submitted at such election shall be substantially as follows: "Shall the public operation of a transit system be authorized as outlined in the resolution of the governing body of the city of _____________ dated ________?" If a majority of the votes cast are not in favor of the proposition such city is not authorized to proceed further under this act. If a majority of the votes cast are in favor of the proposition the governing body may proceed by ordinance to acquire and operate a transit system as provided in this act.

        For the purposes of this act, "transit system" is defined as motor buses or electric buses and trucks and maintenance, repair and servicing equipment and supplies for the transportation of persons and property, and shall also include land and buildings used or useful for such purposes.

        History:   L. 1965, ch. 123, § 1; May 15.

• 13-3102: Same; exercise of authority by city. Such city so authorized to invoke the authority provided for in this act may engage in the business of transportation of passengers and property within the city and its surrounding territory by whatever means it may decide, and may acquire motor buses and other equipment, reasonably required for carrying on such a business. Such city may acquire land and construct, equip and furnish buildings thereon for the operation, maintenance, modification, repair and storage of any buses, trucks or other equipment of such transit systems.

        History:   L. 1965, ch. 123, § 2; May 15.

• 13-3103: Same; employees. The city manager of such city may provide for the selection of employees reasonably necessary in connection with the acquisition, construction, maintenance and operation of such transit system, define their duties, regulate their compensation, and provide for their removal.

        History:   L. 1965, ch. 123, § 3; May 15.

• 13-3104: Same; powers to conduct system. The governing body of such city may make, ordain and establish all such ordinances, resolutions, rules and regulations as it may deem necessary and proper for the conduct of the transit systems and for fixing and collecting all fares, rates and charges for services rendered.

        History:   L. 1965, ch. 123, § 4; May 15.

• 13-3105: Same; extension of system outside city. Any such city engaging in the business of transportation may extend its transit system to points outside such city where necessary and incidental to furnishing efficient transportation service to points within such city, subject to the limitation contained in K.S.A. 13-3110.

        History:   L. 1965, ch. 123, § 5; May 15.

• 13-3106: Same; leasing provisions. The governing body of any such city may lease any transit system in whole or part to any person who will contract to operate it according to rules, time tables and other requirements established by the governing body, and such lease may be made for a term of not to exceed ten (10) years.

        History:   L. 1965, ch. 123, § 6; May 15.

• 13-3107: Same; eminent domain. The power of eminent domain is granted to such cities for the purpose of acquiring land, equipment, supplies, buses, contracts and other assets from persons, firms or corporations holding franchises from any such cities for the conduct of transit systems and the transportation of persons or property or from any other person, firm or corporation.

        History:   L. 1965, ch. 123, § 7; May 15.

• 13-3108: Same; costs; tax levy, use of proceeds. Any such city may expend moneys to pay part of the costs of operation of public transit systems if revenues of such system prove to be insufficient to cover all costs and for such purposes such cities may levy a tax each year upon all the taxable tangible property within such city for such purposes and to pay a portion of the principal and interest on bonds issued by such city under the authority of K.S.A. 12-1774, and amendments thereto.

        History:   L. 1965, ch. 123, § 8; L. 1970, ch. 77, § 9; L. 1975, ch. 494, § 21; L. 1979, ch. 52, § 67; July 1.

• 13-3109: Same; agreements with federal government. Any such city is hereby authorized to enter into agreements with the United States or any of its officers or agencies, or the state or any of its officers or agencies, or any combination of agencies, departments, or officers of both the United States and the state of Kansas for planning, developing, modernizing, studying, improving, financing, operating or otherwise affecting public transit, to accept any loans, grants or payments from such agencies, and to make any commitments or assume any obligations required by such agencies as a condition of receiving the benefits thereof.

        History:   L. 1965, ch. 123, § 9; May 15.

• 13-3110: Same; extension of service outside county; approval of corporation commission. Transportation service may not be extended to points outside the county in which such city is located unless prior approval is obtained from the Kansas state corporation commission in the manner now provided for common carriers of persons.

        History:   L. 1965, ch. 123, § 10; May 15.

• 13-3111: Same; issuance of revenue bonds; refunding bonds. The governing body of any such city may adopt an ordinance without an election providing for the issuance of revenue bonds, the proceeds of which such city may use to acquire land, buses, equipment, supplies, materials, spare parts, contracts and other property reasonably required for a public transit system or for refunding bonds previously issued for such purposes. All refunding bonds issued under this section shall be issued in the manner prescribed by and subject to the provisions of K.S.A. 10-116a.

        History:   L. 1965, ch. 123, § 11; L. 1977, ch. 58, § 11; May 18.

• 13-3112: Same; payment of bonds; pledges. Any such bonds shall be payable solely and only from a pledge of the net income derived by the municipality from the transit system financed with the proceeds of such bonds and other transit facilities not so financed, but any such city may also pledge to levy an ad valorem tax of not to exceed two (2) mills and to employ such tax for so long as any such bonds remain outstanding and unpaid. Any such city may also provide that contributions, grants, or other financial assistance from the state or federal governments or any other source shall be employed in the operation of the transit system so long as any such bonds remain outstanding.

        History:   L. 1965, ch. 123, § 12; L. 1975, ch. 111, § 1; L. 1975, ch. 112, § 1; July 1.

• 13-3113: Same; issuance of bonds. Any such revenue bonds shall be issued as provided in K.S.A. 10-1201 et seq., except to the extent that such statutes are in conflict with this act.

        History:   L. 1965, ch. 123, § 13; May 15.

• 13-3114: Same; tax exemptions for bonds. Bonds issued under this act and all interest thereon shall be exempt from all taxes imposed by this state or any of its political subdivisions except only inheritance taxes.

        History:   L. 1965, ch. 123, § 14; May 15.

• 13-3115: Same; certain laws inapplicable to operation of system. The provisions of K.S.A. 10-1001 to 10-1122, inclusive, and K.S.A. 79-2925 shall not apply to the operation of any such transit system by any such city.

        History:   L. 1965, ch. 123, § 15; May 15.

• 13-3116: Same; invalidity of part. If any part or application of this act is held invalid, the remainder of this act or its application to other situations or persons shall not be affected.

        History:   L. 1965, ch. 123, § 16; May 15.