3-114: Regulation or control of airport in certain cities; bond issue; tax levy,
amount.
(a) Except as provided in subsection (b), in any city having a
population of more than sixty-five thousand (65,000) in which a board of
park commissioners has been established pursuant to K.S.A. 13-1346, all
powers, jurisdiction and control over municipal airports or municipal
fields for aviation purposes otherwise vested in the governing body of such
city shall be vested in such board of park commissioners. Such board of
park commissioners is hereby authorized to issue, as provided by law,
general bonds of the city for the purpose of purchasing, leasing,
developing and equipping municipal airports and fields for aviation
purposes. Such board of park commissioners is hereby further authorized to
levy an annual tax not exceeding one-half (1/2) mill for the support,
maintenance and operation of municipal airports or fields for aviation
purposes.
(b) In any city in which an airport authority has been established
pursuant to K.S.A. 3-162, all powers, jurisdiction and control over
municipal airports or municipal fields for aviation purposes otherwise
vested in the governing body or board of park commissioners of such city
shall be vested in such airport authority. The governing body of the city
by a two-thirds vote of the members thereof, is hereby authorized to issue
general obligation bonds of the city for the purpose of purchasing,
leasing, developing and equipping municipal airports and fields for
aviation purposes. The governing body of the city by a two-thirds vote of
the members thereof is hereby further authorized to levy an annual tax not
exceeding one-half (1/2) mill for the support, maintenance and operation of
municipal airports or fields for aviation purposes.
History: L. 1929, ch. 5, § 2; L. 1975, ch. 5, § 7; July 1.
3-115: Rights and duties of cities.
All cities are hereby granted the same rights, privileges and
immunities, and are charged with the same obligations, responsibilities and
duties toward municipal airports and municipal fields for aviation purposes
located outside of the limits of any city as now exist for any property now
located within the limits of any city, including the right of eminent
domain.
History: L. 1929, ch. 5, § 3; March 16.
3-116: Lease and use of airport.
The governing body, park board or airport authority, as hereinafter
provided, may lease, assign or sublease the whole or any part of any such
airport or municipal field for aviation purposes, to one or more
responsible persons, associations or corporations, jointly or severally,
for any purpose directly or incidentally and necessarily required for the
successful and proper operation of such property upon such terms as shall
insure the impartial operation thereof, and rendition of services and
conveniences thereon, on an equal basis to all users of said airport or
municipal field for aviation purposes. When any such airport has been
wholly or partially developed or improved from funds received from the
federal government, or any agency thereof, the governing body, park board
or airport authority of such city shall have the right, power and authority
to enter into lease agreements, arrangements and contracts with the federal
government, or any agency thereof, such as the defense plant corporation,
war department, or United States navy, for the use of a portion of such
airport or municipal field, upon such terms and conditions as may be agreed
upon by the parties to any such contract. Such lease agreement or contract
may extend for a period not exceeding fifty (50) years from the effective
date thereof.
The consideration for such agreement may be any sum upon which the
parties may agree. Such contract may contain a provision permitting the
assignment, conveyance, transfer or subleasing of the portions of such
airport covered by such agreement, either in whole or in part, to any other
person, firm, or corporation and may fix the terms and conditions under
which such other person, firm, or corporation shall occupy and use such
portion of the airport. Such leases, contracts, or other agreements shall,
if occupancy or use be by other than the federal government or an agency
thereof, provide for fair and reasonable compensation to be received by
such city from such other person, firm or corporation.
History: L. 1929, ch. 5, § 4; L. 1943, ch. 5, § 1; L. 1975, ch. 5, § 8; July
1.
3-117: Police power extended.
The police power of all cities is hereby extended to all airports and
municipal fields for aviation purposes, controlled or operated by any city
outside of the city limits, and the governing body of all cities is hereby
empowered to enact ordinances not in conflict with state laws affecting the
use of said property, the conduct of persons thereon, and the navigation of
aircraft over cities.
History: L. 1929, ch. 5, § 5; March 16.
3-118: Additional airports or fields in certain cities.
Any city now or hereafter operating a municipal airport or municipal
field for aviation purposes pursuant to K.S.A. 3-114 may, whenever in the
opinion of the board of park commissioners or airport authority of such
city the public safety, service and welfare will be advanced thereby,
acquire within or without the city limits, by purchase, lease or otherwise,
and equip, improve, operate, maintain and regulate additional or
supplemental municipal airports or municipal fields for aviation purposes.
History: L. 1941, ch. 11, § 1; L. 1975, ch. 5, § 9; July 1.
3-119: Same; regulation.
Such additional or supplemental airports shall be under the jurisdiction
and control of the board of park commissioners or the airport authority, as
is provided by K.S.A. 3-114, and such additional or supplemental airport or
airports shall be governed by all of the laws of the state of Kansas
relating to the equipping, improving, operating, maintaining and regulating
of municipal airports or municipal fields for aviation purposes.
History: L. 1941, ch. 11, § 2; L. 1975, ch. 5, § 10; July 1.
3-119a: Joint ownership and operation by cities and counties;
definitions.
As used in this act: (a) "Municipality" shall be construed and held to
mean county, city. (b) "Municipal" means pertaining to a municipality as
herein defined. (c) "Governing body" shall be construed and held to mean
board of county commissioners of any county, mayor and councilmen or board
of commissioners of any city, and any other governing body or board of a
municipality having authority under the laws of this state to create
indebtedness against the municipality.
History: L. 1947, ch. 12, § 1; April 16.
3-120: Joint ownership and operation by cities and counties; contracts.
Whenever in the opinion of the governing bodies of two or more
municipalities, the public safety, service and welfare can be advanced
thereby, such governing bodies may own and hold, as tenants in common, and
may acquire by gift, lease, purchase, or otherwise lands for use as
airports as herein provided, and may enter into contracts
or agreements with each other, duly authorized by such governing bodies for
their joint operation, control, maintenance, improvement and development,
and by contracts authorized as aforesaid, agree upon the amount of general
obligation bonds to
be issued for the purposes in such contracts provided by each of the
contracting municipalities, and the amount of tax levy to be made by each
municipality, party to such contracts, if such general obligation bonds
are to be issued or tax
levies made.
History: L. 1941, ch. 10, § 1; L. 1947, ch. 12, § 2; L. 1976,
ch. 11, § 1; July 1.
3-121: Same; use of general funds; general
obligation bonds; protest
petition and election; tax levies, use of proceeds.
Municipalities operating airports jointly may pay the expenses of
purchasing or acquiring such airports from the general funds of such
municipalities or may issue general obligation bonds, as authorized by
law, but no such bonds shall be issued for the purchase or acquisition
of airports as provided hereunder, by any municipality unless and until
the question of issuing same shall have been submitted to the qualified
electors of such municipality at any regular or special election
and a
majority of those voting on the proposition in such municipality
shall
have voted in favor of the issuance of said bonds. In addition, any such
governing body may issue general obligation bonds of the county or city
in an amount not to exceed $50,000
annually
without an election, for the purpose of providing improvements on
runways of any such airport. Any governing body proposing to issue such
bonds shall publish a resolution to that effect in a newspaper of
general circulation within the city or county, as applicable. Such
resolution shall be published once each week for three consecutive
weeks. If, within 60 days following the final such
publication,
a petition signed by not less than 5% of the
qualified
electors of such city or county, as applicable, is presented to the
county election officer, no such bonds shall be issued until approved by
a majority of the qualified electors voting thereon at the next county
or city general election following the presentation of the petition.
In lieu of issuing such bonds for the purchase or acquisition of an
airport, the governing body of the municipality may levy an annual tax
of not to exceed one mill on the dollar on all the taxable tangible
property in such municipality for not to exceed three years for the
purpose of creating a special fund to be used to pay the expenses of
purchasing or acquiring such airports or flying fields and to pay a portion
of the principal and interest on bonds issued under the authority of K.S.A.
12-1774, and amendments thereto, by cities located in the county. Any such
governing bodies are hereby further authorized to levy an annual tax
for the support, maintenance and operation of such airports and to pay a
portion of the principal and interest on bonds issued under the authority
of K.S.A. 12-1774, and amendments thereto, by cities located in the county.
Such
support, maintenance and operation expenses shall be borne in the
proportion agreed upon by the municipalities in case such airports are
not leased.
History: L. 1941, ch. 10, § 2; L. 1947, ch. 12, § 3; L. 1970,
ch. 69, § 3; L. 1976, ch. 11, § 2; L. 1978, ch. 7, § 1; L. 1979,
ch. 52, § 27;
L. 1999, ch. 154, § 31; May 27.
3-122: Same; leases.
Municipalities operating airports jointly may lease, assign or sublease
the whole or any part of such airports to one or more responsible
persons, associations or corporations, jointly or severally, for any
purpose directly or incidentally and necessarily required for the
successful and proper operation of such property upon such terms as shall
insure the impartial operation thereof, and rendition of services and
conveniences thereon, on an equal basis to all users of said airports.
History: L. 1941, ch. 10, § 3; L. 1947, ch. 12, § 4; L. 1976,
ch. 11, § 3; July 1.
3-123: Same; rights and duties; eminent domain.
Municipalities operating airports jointly are hereby granted the same rights,
privileges and
immunities, and are charged with the same obligations, responsibilities and
duties toward such airports located outside of the
municipal limits of any municipality as now exist for any property now
located within the limits of any municipality, including the right of
eminent domain.
History: L. 1941, ch. 10, § 4; L. 1947, ch. 12, § 5; L. 1976,
ch. 11, § 4; July 1.
3-124: Same; police power extended.
The police power of all such municipalities so operating airports jointly
is hereby extended to all airports controlled or operated by any municipality
outside of the
municipal limits, and the governing bodies of all such municipalities are
hereby authorized and empowered to enact ordinances not in conflict with
state laws affecting the use of said property, the conduct of persons
thereon.
History: L. 1941, ch. 10, § 5; L. 1947, ch. 12, § 6; L. 1976,
ch. 11, § 5; July 1.
3-125: Same; federal cooperation.
Municipalities operating airports jointly are hereby authorized to cooperate
with the federal government, or any
federal agency, and the rules and regulations promulgated thereunder, and
to use such funds as may be available, or which may hereafter become
available for the acquisition, operation and maintenance of such airports
in such manner as will comply with the provisions of
federal acts and to do all the things necessary to be done in order to
comply therewith, or the rules and regulations thereunder.
History: L. 1941, ch. 10, § 6; L. 1947, ch. 12, § 7; L. 1976,
ch. 11, § 6; July 1.
3-126: Transfer of control to board of public utilities in certain
cities over 100,000; indebtedness.
Any city of the first class now having or hereafter acquiring a
population of more than 100,000 inhabitants, now owning or hereafter
acquiring a municipal water plant and a municipal light plant, which plants
are now or hereafter operated, managed and controlled by a board of public
utilities, as provided by K.S.A. 13-1220 to 13-1234a, and all acts and parts
of acts amendatory thereof or
supplemental thereto, which city now owns or hereafter may acquire a
municipal airport and municipal fields for aviation purposes, is authorized
to transfer the management, operation, control and maintenance of such
municipal airport and fields for aviation purposes to its board of public
utilities.
Upon the transfer by such city to its board of public utilities, the
management, operation, control and maintenance of such municipal airport
and municipal fields for aviation purposes, together with all funds in its
hands acquired for airport purposes, the board of public utilities of such
city shall assume and pay all outstanding obligations of such city incurred
by the city for the purchase of said airport and municipal fields for
aviation purposes, and shall provide a sinking fund to pay all bonded
obligations issued for the purchase, construction, development and
maintenance of such municipal airport and municipal fields for aviation
purposes, as they become due.
History: L. 1941, ch. 12, § 1; March 26.
3-127: Same; rates; employees; equipment; adjustment of water and
light rates.
The board of public utilities of any such city shall have the exclusive
control of the municipal airport and municipal fields for aviation purposes
and shall fix the rates to be charged for the use of the municipal airport
facilities and for the use of the municipal fields for aviation purposes.
It shall have power to hire and discharge all employees, agents and
officers of the municipal airport and municipal fields for aviation
purposes in such city and fix their compensation, purchase all machinery,
tools and other appliances and all materials and supplies necessary for the
operation of the municipal airport and municipal fields for aviation
purposes, and to pay for the same out of the earnings of the water and
electric light plants not needed in the operation, management and control
of the said water and light plants as designated for said purposes by the
provisions of K.S.A. 13-1220 to 13-1234a and all acts amendatory thereof
or supplemental thereto:
Provided, That the board of public utilities may adjust its water and
light rates, if it becomes necessary, in order to meet any deficiency in
revenues required for the maintenance, operation, extension or improvement
of such airport and municipal fields for aviation purposes and to provide
funds to retire any bonded obligations of the municipal airport and
municipal fields for aviation purposes as they become due.
History: L. 1941, ch. 12, § 2; March 26.
3-128: Same; franchises and property.
The board of public utilities may, in the name of the city, take and
hold by purchase, gift, devise, bequest, or otherwise, such franchises and
real and personal property, either within or without the city as may be
necessary for the carrying out of the operation of such municipal airport
and municipal fields for aviation purposes.
History: L. 1941, ch. 12, § 3; March 26.
3-129: Same; duties of governing body; eminent domain.
It shall be the duty of the governing body of such city when requested
by the board of public utilities to enact such ordinances or resolutions as
may be necessary for the protection of the municipal airport and municipal
fields for aviation purposes and to institute condemnation proceedings
whenever in the judgment of the board of public utilities, private property
should be taken in the name of the city for municipal airport purposes and
to execute such leases as may be negotiated by the board of public
utilities for the use and occupancy of the municipal airport facilities.
History: L. 1941, ch. 12, § 4; March 26.
3-130: Same; rules and regulations; claims and accounts; powers.
The board of public utilities may establish all reasonable rules and
regulations to protect the property rights vested in the city and under
control of the board of public utilities. The board of public utilities may
issue vouchers or warrants in payment of all claims and accounts incurred
by said board for said municipal airport and municipal fields for aviation
purposes, which vouchers or warrants when approved by the board of public
utilities shall be authority to the city treasurer, ex officio treasurer of
the board of public utilities, to pay and charge the same against the
proper funds. The board of public utilities shall have such other powers as
may be necessary for the proper discharge of its duties in the management,
operation and control of the municipal airport and municipal fields for
aviation purposes.
History: L. 1941, ch. 12, § 5; March 26.
3-131: Same; duties of certain officers.
The manager of production and distribution of the board of public
utilities in such city and the manager of collections and accounts shall
perform any additional duties assigned to them or either of them by the
board of public utilities pertaining to the management, control and
operation of the municipal airport and municipal fields for aviation
purposes, and shall be governed in their duties pertaining thereto by the
provisions of K.S.A. 13-1224 and 13-1225, as far as applicable.
History: L. 1941, ch. 12, § 6; March 26.
3-132: Same; bond elections.
When said board of public utilities shall find it necessary and
expedient to have the city vote bonds for the construction, extension or
improvement of the municipal airport and municipal fields for aviation
purposes, it shall be the duty of the mayor of said city, within 30 days
after receiving written request from said board of public utilities to
issue a proclamation for holding an election to vote bonds in the amount
requested by the board of public utilities according to law. If such bonds
carry by a legal majority, the governing body of the city shall then issue
such bonds in the amounts requested by the board of public utilities and
deliver the proceeds thereof to the treasurer of the board of public
utilities, provided that if bonds have been authorized by an election but
not issued, such bonds may be issued at any subsequent time, at the request
of the board of public utilities.
History: L. 1941, ch. 12, § 7; March 26.
3-133: Same; bond limitations; liens.
The amount of bonds which may be issued under the provisions of this act
by the city shall not be in excess of 10 percent of the assessed valuation
of the city, and bonds to such percentage may be issued. All bonds issued
under the provisions of this act shall be a direct lien upon said airport
and municipal fields for aviation purposes and payment thereof shall
constitute a general obligation against the city at large.
History: L. 1941, ch. 12, § 8; March 26.
3-134: Same; federal cooperation.
The board of public utilities, in the management, control and operation
of the airport and municipal fields for aviation purposes, may co-operate
with the federal government in promoting all defense measures and, in so
doing, may comply with any federal act applicable thereto and rules
promulgated thereunder, and to use any funds that may be available for such
purposes in such manner as will comply with the provisions of any such
federal act, including any grant or grants of money therein provided, and
to do all other acts and things necessary to be done in order to comply
with the provisions of any such federal act and rules promulgated
thereunder.
History: L. 1941, ch. 12, § 9; March 26.
3-135: Same; invalidity of part.
If any provision contained in this act shall for any reason be held
invalid, it shall not affect the remainder of this act.
History: L. 1941, ch. 12, § 10; March 26.
3-136 to 3-138:
History: L. 1943, ch. 124, §§ 1 to 3;
Repealed, L. 1949, ch. 8, § 1; June 30.
3-139: Sale of airport near army or navy air base in second-class
cities.
In any city of the second class in the state of Kansas, near which there
is established an army or navy air base, where said city has acquired by
purchase, without the city limits, a municipal airport or a municipal field
for aviation purposes, and which is so near said army or navy air base as
to make the use of said municipal airport or municipal field for aviation
purposes useless as an airport or field for aviation purposes, the
governing body of said city may, by resolution, order the sale of said
municipal airport and field for aviation purposes, and sell the same, as
hereinafter provided.
History: L. 1943, ch. 7, § 1; March 13.
3-140: Same; notice by publication; petition for election; notice of
election.
The sale of a municipal airport or field for aviation purposes shall be
by public auction, for cash. Said sale shall be conducted by the city clerk
of the city, after having published the resolution of the governing body
ordering said sale once each week in the official city newspaper for three
consecutive weeks, said sale to be held not less than forty days from the
date of the first publication of said resolution: Provided, That if
twenty-five percent of the qualified electors of any such city, based on
the total vote cast for secretary of state at the last general election,
shall, on or before thirty days from the first publication of said
resolution, petition the governing body to submit to the electors of such
city for their approval or rejection the question of selling said municipal
airport or municipal field for aviation purposes, it shall be the duty of
the governing body to forthwith submit to the qualified electors of such
city such question of selling said municipal airport or municipal field for
aviation purposes, for their approval or rejection.
When such petition is filed with the city clerk no signer thereon shall
be permitted to withdraw his or her name therefrom. Fifteen days' notice of
such election shall be given by publication in the official newspaper of
said city, and such election shall be conducted in all respects as now
provided for bond elections in such cities. In case a majority of the
electors of such city voting at such election shall vote in favor of the
sale of said municipal airport or municipal field for aviation purposes,
the governing body shall continue with the sale thereof and sell the same;
but if a majority of the electors voting at such election vote against the
sale thereof, then said governing body shall not sell said municipal
airport or municipal field for aviation purposes.
History: L. 1943, ch. 7, § 2; March 13.
3-141: Same; disposition of moneys.
If the governing body of any city shall sell a municipal airport or
municipal field for aviation purposes as herein provided, the proceeds from
said sale shall be deposited in a special airport fund, and said city may
use said proceeds from said sale at any time within five years from the
date of said sale to purchase land for another municipal airport or
municipal field for aviation purposes, but if another municipal airport or
municipal field for aviation purposes is not purchased within said five
years' time, then said proceeds from said sale shall be deposited in a
sinking fund, to be used to retire any unretired airport or airfield bonds
originally issued by said city, in such proportion or manner as the
governing body shall by resolution direct. If there are no unretired
airport or airfield bonds of said city, then said funds shall be placed in
the general fund of said city.
History: L. 1943, ch. 7, § 3; March 13.
3-142: Sale of surplus real estate by two or more cities.
Whenever any two or more cities have acquired by purchase, or otherwise,
lands for use as airports or flying fields, and whenever, in the opinion of
the governing bodies of said cities, certain parcels or tracts of such real
estate are no longer needed or useful in the maintenance and operation of
such airports or flying fields, said cities shall have the right to sell
said surplus real estate. Before transferring and conveying said surplus
real estate, or any part thereof, said governing bodies shall, by
resolution, find and determine that such parcels or tracts of real estate
are no longer needed or useful in the maintenance and operation of such
airports or flying fields, and said cities shall sell the same, as
hereinafter provided.
History: L. 1947, ch. 16, § 1; June 30.
3-143: Same; negotiations; bids; deeds.
Before transferring and conveying said real estate, the governing bodies
of said cities shall negotiate a sale or sales of such real estate, and no
sale thereof shall be completed and conveyance made until: (1) Said
governing bodies shall have solicited sealed bids by public notice inserted
once each week in the official city newspaper of said cities for three
consecutive weeks, and such sale shall be to the highest responsible bidder
after such notice, except that said governing bodies may reject any and all
bids, and in any such case, new bids may be called for as in the first
instance; and (2) said bid has been accepted and resolutions accepting the
same made a part of the records of said governing bodies. Thereupon, said
cities by their respective mayors and city clerks are hereby authorized to
make, execute and deliver a good and sufficient deed or deeds of conveyance
to the purchaser or purchasers thereof.
History: L. 1947, ch. 16, § 2; June 30.
3-144: Same; disposition of proceeds.
The proceeds from any sale or sales of surplus real estate conducted
pursuant to provisions of K.S.A. 3-142 and 3-143, shall be deposited in the
respective general or airport funds of said cities as their interests shall
appear and as their respective governing bodies shall direct.
History: L. 1947, ch. 16, § 3; June 30.
3-144a: Certain cities of the second class with two municipal
airports.
This act shall apply to any city of the second class operating under the
commission-manager form of government and having two municipal airports
located outside its city limits, one of which was acquired from the federal
government and the other as a municipal airport or municipal field for
aviation purposes.
History: L. 1958, ch. 1, § 1 (Special Session); May 8.
3-144b: Same; discontinuance of airport authorized, when; sale of
land; resolution.
Whenever any such city has acquired fee simple title to real estate for
use as an airport or flying field and, whenever in the opinion of the
governing body of such city such airport or field is no longer needed, it
may, upon completion of any outstanding leases on same, discontinue such
airport and sell such real estate or any portion, parcel or tract thereof.
Before transferring and conveying any of said real estate, such governing
body shall by resolution find and determine that such real estate is no
longer needed for airport purposes and that it is to the best interests of
the city that same be sold.
History: L. 1958, ch. 1, § 2 (Special Session); May 8.
3-144c: Same; contract; resolution; deed.
Before transferring and conveying any of said real estate, the governing
body of such city shall negotiate a contract or contracts for the sale or
sales of such real estate. When any contract has been accepted and a
resolution accepting the same made a part of the records of such governing
body, said city by its mayor and clerk is hereby authorized to make,
execute and deliver a good and sufficient deed or deeds of conveyance to
the purchaser or purchasers thereof.
History: L. 1958, ch. 1, § 3 (Special Session); May 8.
3-144d: Same; disposition of proceeds of sale.
The proceeds from any sale, pursuant to the provisions of this act,
shall be deposited in the general fund or in the airport fund of said city
as the governing body thereof shall direct.
History: L. 1958, ch. 1, § 4 (Special Session); May 8.
3-144e: Certain cities of third class over 2,000 with municipal airport.
This act shall apply to any city of the third class in excess of two
thousand (2,000) population and having a municipal airport located outside
its city limits.
History: L. 1959, ch. 112, § 1; March 30.
3-144f: Same; purchase of additional real estate for runway; sale of
property; resolutions; deeds.
Whenever any such city has acquired fee simple title to real estate for
use as an airport or flying field, and whenever in the opinion of the
governing body of such city, it would be advantageous to purchase
additional real estate consisting of nine (9) acres, more or less, of
additional real estate in order to extend the runway of such airport, and
to sell sixty-five (65) acres, more or less, of real estate which is no
longer needed or useful in the operation of such airport; such cities shall
have the right to sell said real estate and to purchase such additional
real estate. Before conveying or acquiring said real estate, such governing
body shall by resolution find and determine that same is in the best
interests of the city. Thereupon, the governing body of any such city, by
its mayor and clerk, is hereby authorized to make, execute, deliver, and
accept a good and sufficient deed or deeds of conveyance in order to carry
out the provisions of this act.
History: L. 1959, ch. 112, § 2; March 30.
3-144g: Same; disposition of proceeds; use of funds.
The proceeds from any sale pursuant to the provisions of this act shall
be deposited in the airport revolving fund of such city: Provided,
That said city may pay for the purchase of real estate acquired pursuant to
K.S.A. 3-144f out of said fund.
History: L. 1959, ch. 112, § 3; March 30.
3-144h: Discontinuance of airport and sale of real estate by certain
cities under 10,000 in certain counties between 36,000 and 45,000.
Any city of the second class having population of less than ten thousand
(10,000) located in a county having a population of more than thirty-six
thousand (36,000) and less than forty-five thousand (45,000) with an
assessed tangible valuation of more than ninety million dollars
($90,000,000) which has acquired fee simple title to real estate for use as
an airport or flying field and, whenever in the opinion of the governing
body of such city such airport or field is no longer needed, suitable,
adaptable or feasible, it may discontinue such airport and sell such real
estate or any portion, parcel or tract thereof.
History: L. 1963, ch. 11, § 1; March 23.
3-144i: Same; contract; appraisers; resolution; conveyance.
Before transferring and conveying any of said real estate, the governing
body may negotiate a contract or contracts for the sale or sales of such
real estate or any portion, parcel or part thereof: Provided, however,
Such real estate, or any portion, parcel or part thereof, to be sold by
negotiations shall first be appraised by three disinterested appraisers,
residents of the county in which said real estate shall be located, to be
appointed by the governing body of said city and the same may be sold by
the city for not less than seventy-five percent (75%) of the valuation
determined by such appraisers. When any contract has been accepted and a
resolution accepting the same made a part of the records of such governing
body, said city by its mayor and city clerk is hereby authorized to make,
execute and deliver a good and sufficient deed or deeds of conveyance to
the purchaser or purchasers thereof.
History: L. 1963, ch. 11, § 2; March 23.
3-144j: Same; advertisement for bids; sale, when; conveyance.
In the event a sale or sales of such real estate or any portion, parcel
or tract thereof shall not be negotiated under the provisions of K.S.A.
3-144i, then said city shall negotiate a sale or sales of such real estate,
or any portion, parcel or tract thereof as hereinafter provided, but no
sale thereof shall be completed and conveyance made until: (1) Said
governing body shall have solicited sealed bids by public notice inserted
once each week in the official city newspaper of said city for three
consecutive weeks, and such sale shall be to the highest responsible bidder
or bidders after such notice, except that said governing body may reject
any and all bids, and in any such case, new bids may be called for as in
the first instance; and (2) said bids may be for all of the remaining real
estate or any part, portion or tract thereof and said bid or bids, or any
one or all of them, may be accepted and resolutions accepting the same
shall be made a part of the records of said governing body. If a sale is
negotiated pursuant to this section, then said city by its mayor and city
clerk is hereby authorized to make, execute and deliver a good and
sufficient deed or deeds of conveyance to the purchaser or purchasers
thereof.
History: L. 1963, ch. 11, § 3; March 23.
3-144k: Same; deposit of proceeds; use of funds.
Funds derived from the sale of said real estate as hereinbefore
authorized may be deposited in a special airport fund, and said city may
use proceeds from said sale or sales at any time within five (5) years from
the date of the resolution of the governing body of said city finding that
an existing airport or field is no longer needed, suitable, adaptable or
feasible, to purchase land for another airport or field for aviation
purposes, but, if another airport or field for aviation purposes is not
purchased within said five (5) years' time or at any time after depositing
the same in a special airport fund, the governing body of said city shall
not deem it necessary to maintain said special fund, then said proceeds
from said sale, shall be placed in the general fund of said city.
History: L. 1963, ch. 11, § 4; March 23.
3-144l: Sale of airport or airfield by certain cities of second class.
Any city of the second class in the state of Kansas, which has acquired
title to an airport or airfield, may sell such property or any part thereof
as hereinafter provided.
History: L. 1965, ch. 142, § 1; April 20.
3-144m: Same; resolution, publication; petition for election; notice,
conduct of election.
The governing body of any such city may by resolution declare it is in
the best interests of the city to sell such property and order it sold,
subject to any outstanding leases thereon. Such resolution shall state the
manner in which the property will be sold. The city clerk shall cause such
resolution to be published once each week for three (3) consecutive weeks
in the official city newspaper before such property is sold, and if ten
percent (10%) of the qualified voters of such city, based upon the total
vote cast for the secretary of state at the last general election, on or
before thirty (30) days from the first publication, shall petition the
governing body to submit to the voters of the city for their approval or
rejection the question of the sale of such property and the method thereof,
such sale will be delayed pending such election.
When such petition is filed with the city clerk, the clerk shall cause a
notice of such election to be published in the official city paper at least
fifteen (15) days before such election, and such election shall be
conducted in all respects as now provided for bond elections in such
cities. In the event a majority of the votes cast favor the resolution of
sale the governing body shall continue with and complete the sale of said
property; but if a majority of the votes cast are against the resolution of
sale it shall not be made.
History: L. 1965, ch. 142, § 2; April 20.
3-144n: Same; deed to purchaser.
Whenever the city governing body by resolution confirms such sale, the
city by the mayor and city clerk is authorized to make, execute and deliver
a good and sufficient deed of conveyance to the purchaser.
History: L. 1965, ch. 142, § 3; April 20.
3-144o: Same; disposition of proceeds.
The proceeds from any sale, made pursuant to the provisions of this act,
shall be deposited in the airport fund or in the general fund of the city
as the governing body shall direct.
History: L. 1965, ch. 142, § 4; April 20.
3-145: Revenue bonds in certain cities.
Any city having a population of over two hundred fifty thousand
(250,000) or the board of park commissioners or airport authority thereof
and any city having a population of more than one hundred twenty thousand
(120,000) and less than one hundred fifty thousand (150,000), when
authorized to operate an airport, is hereby authorized and empowered to
issue revenue bonds for the acquisition, construction, alteration, repair,
improvement, extension or enlargement of such airport.
History: L. 1951, ch. 174, § 1; L. 1967, ch. 9, § 1;
L. 1969, ch. 10, § 1; L. 1975, ch. 5, § 11; July 1.
3-145a: Same; purposes in cities between 120,000 and 150,000;
resolution, publication; election, when; limitations.
The governing body of any city having a population of more than one
hundred twenty thousand (120,000) and less than one hundred fifty thousand
(150,000) is hereby authorized to issue general obligation bonds of such
city for the purpose of purchasing land for airport purposes and the making
of improvements thereon or for the construction, enlargement,
reconstruction, repair or addition to any improvements upon existing
airport lands for any such purposes.
Before such bonds may be issued the governing body of such city shall
provide by resolution that the net income of an airport facility be pledged
to the city for the payment of bonds issued hereunder. A resolution shall
be adopted by the governing body of such city stating the purpose for which
such bonds are to be issued and the total amount of the bonds proposed to
be issued along with a finding by the governing body that revenues pledged
will be sufficient to retire general obligation bonds issued hereunder.
Such resolution and finding by the governing body of such city shall be
published once each week for three (3) consecutive weeks in the official
newspaper of such city. Whereupon, such bonds may be issued unless a
petition requesting an election on the proposition, signed by electors
equal in number to not less than five percent (5%) of the electors in such
city who voted for secretary of state in such city at the last preceding
general election is filed with the clerk of such city within sixty (60)
days following the last publication of such resolution. In the event such
petition is filed, the governing body of such city shall submit the
proposition to the voters at an election called for such purpose and held
within ninety (90) days after the last publication of the resolution, and
no bonds shall be issued unless such proposition shall receive the approval
of a majority of the votes cast thereon. Such election shall be called and
held and such bonds shall be issued in accordance with the general bond
law.
The total amount of bonds outstanding at any one time and issued under
this act shall not exceed an amount equal to two percent (2%) of the
assessed taxable valuation of all the tangible property within said city.
Bonds issued under this act shall be subject to and be counted in
determining the application of any law limiting the amount of indebtedness
of any such city. This act shall be construed as cumulative and
supplemental to and not as repealing, amending or modifying any existing
law of this state.
History: L. 1969, ch. 10, § 2; July 1.
3-146: Same; how paid.
Bonds issued under the terms of this act, together with interest thereon
shall be paid exclusively from the revenue derived from the operation of
such airport.
History: L. 1951, ch. 174, § 2; June 30.
3-147: Same; how revenues kept and used.
Revenues derived from the operation of any airport financed in whole or
in part by revenue bonds authorized by this act shall be paid into the
treasury of the city and kept in a separate fund and shall not be used
except for the purpose of paying the cost of operation, maintenance and
improvement of such utility, providing an adequate depreciation fund and
paying the principal of and the interest upon the revenue bonds issued
under this act. In the event the municipal airport operated by any such
city is operated by a board of park commissioners or an airport authority,
then revenue derived from the operation of such airport shall be paid into
the treasury of such board of park commissioners or such airport authority
subject to the limitations of this section.
History: L. 1951, ch. 174, § 3; L. 1975, ch. 5, § 12; July 1.
3-148: Same; liens; negotiable.
Such revenue bonds are hereby made a lien on the revenue produced from
such airport, but shall not be general obligations of the issuing
municipality and not contain the recital set forth in K.S.A. 10-112 or any
amendment thereof, but shall contain recitals stating the authority under
which such bonds are issued; that they are issued in conformity with the
provisions, restrictions and limitations of that authority and that such
bonds and the interest hereon are to be paid by the issuing municipality
from the revenues derived from the rates, fees or charges herein mentioned
and not from any other fund or source; that the same have been registered
in the office of the clerk of the issuing municipality and the auditor of
the state of Kansas respectively and that said bonds are negotiable. All
such bonds when registered and issued as herein provided shall import
absolute verity and shall be conclusive in favor of all persons purchasing
such bonds; that all proceedings and conditions precedent have been held
and performed to authorize the issuance thereof and such bonds shall be
negotiable and shall be issued in addition to the statutory limits of
bonded indebtedness of the issuing municipality.
History: L. 1951, ch. 174, § 4; June 30.
3-149: Same; sale.
Bonds issued under this act shall not be sold for less than the
principal amount thereof and accrued interest thereon and shall not be
offered for sale to nor purchased by the state school fund commission.
History: L. 1951, ch. 174, § 5; June 30.
3-150: Same; terms; disposition of excess
funds.
Revenue bonds issued under the provisions of this
act shall mature not later than 40 years after the date of issuance. The
bonds shall bear interest at a rate not to exceed the maximum rate of interest
prescribed by K.S.A. 10-1009, and amendments thereto. In no case where revenue
bonds are issued under and by virtue of this act, after the project has
been completed, shall the total amount received therefrom be in excess of
the actual cost of the
project. In the case where bonds are issued prior to completion of the project
and the total amount received therefrom exceeds the actual costs of the
project when completed, then the excess shall
be deposited in a separate fund and shall not be used except for the purpose of
paying
the principal of and the interest upon the revenue bonds issued under this
act. No board or municipality shall have any right or authority to levy
taxes to pay any of the principal of or interest on any
revenue bonds or any judgment against the issuing board or municipality
on account thereof. The provisions of K.S.A. 10-113, and
amendments thereto, shall not apply to any bonds issued hereunder.
History: L. 1951, ch. 174, § 6; L. 1967, ch. 9, § 2; L. 1970,
ch. 64, § 1; L. 1978, ch. 99, § 4; L. 1983, ch. 49, § 14; May 12.
3-151: Same; contracts; protest petition; election.
The governing body of any such city, or the board of park commissioners
or airport authority, with the approval of the governing body of the city
by a two-thirds vote of the members thereof, may contract for the
acquisition, construction, reconstruction, alteration, repair, improvement,
extension or enlargement of such airport and issue and sell revenue bonds
in payment of the cost thereof without submitting to a vote of the electors
of such municipality such proposal. The governing body of such city, or the
board of park commissioners or airport authority, shall before contracting
for any such proposed project, cause to be published in the official paper
of such city a notice, which shall describe the nature of the proposed
acquisition, construction, reconstruction, alteration, repair, improvement,
extension or enlargement of such airport, state the total amount of the
cost thereof and the amount of bonds to be issued for the payment thereof.
If within sixty (60) days after the publication of such notice there shall
be filed with the clerk of such municipality a written protest against such
proposed project and bond issue, signed by qualified electors of such
municipality equal in number to not less than two percent (2%) of the
electors of such city who voted at the last preceding general election, the
governing body of such municipality shall submit such proposed project and
proposed bond issue to the electors of such municipality. A special
election for that purpose shall be held not later than sixty (60) days
after the filing of such protest, or at a regular city election or general
election, which shall occur not less than thirty (30) days nor more than
sixty (60) days after the filing of such protest. At least ten (10) days'
notice shall be given for such election. If a majority of electors voting
on such proposition at such election shall vote in favor thereof, such
acquisition, construction, alteration, repair, improvement, extension or
enlargement of such airport shall be made and such bonds may be issued to
pay the costs thereof.
History: L. 1951, ch. 174, § 7; L. 1967, ch. 9, § 3;
L. 1975, ch. 5, § 13; July 1.
3-152: Bonds for additional facilities in certain cities under 80,000.
The governing body of any city of the first class having a population of
less than eighty thousand (80,000) and which maintains two (2) or more
municipal airports is hereby authorized and empowered to issue the general
obligation bonds of such city in an amount not exceeding fifty thousand
dollars ($50,000) for the purpose of providing funds to be used to
construct and equip new hangars and to provide other facilities at one of
the airports of such city and to move at least one hangar from one airport
to another and to reconstruct and re-equip the hangar or hangars so moved.
Such bonds shall be issued, registered, sold, delivered and retired in
accordance with the provisions of the general bond law.
History: L. 1955, ch. 12, § 1; March 15.
3-152a: Bonds for improvements to airports in certain cities; petition
and election, when.
The governing body of any city which is located in a county having a population
of more than seven thousand three hundred (7,300) and less than seven thousand
eight hundred (7,800) and which operates an airport may issue general obligation
bonds of the city in an amount not to exceed fifty thousand dollars ($50,000)
annually for each of three (3) years without an election for the purpose
of making improvements to such airport or to its related facilities. Any
governing body proposing to issue such bonds shall publish a resolution
to that effect in a newspaper of general circulation within the city. Such
resolution shall be published once each week for three (3) consecutive weeks.
If, within sixty (60) days following the final publication of such resolution,
a petition protesting such bond issue signed by not less than five percent
(5%) of the qualified electors of such city is presented to the city clerk,
no such bonds shall be issued until the question of the issuance of such
bonds is placed on the ballot at a primary, general or special election
and approved by a majority of the qualified electors of the city voting
thereon. Such bonds shall be issued, registered, sold, delivered and retired
in accordance with the provisions of the general bond law.
History: L. 1979, ch. 12, § 1; April 19.
3-153: "Municipality" defined.
For the purposes of this act, the term "municipality" shall be construed
to mean any city, county, board, commission, airport authority, or other
governmental or quasi-governmental entity authorized by law to own and
operate one or more airports.
History: L. 1974, ch. 6, § 1; July 1.
3-154: Issuance of special facilities revenue bonds by municipalities
for revenue-producing airport facilities.
Any municipality which is authorized to own and operate an airport is
hereby authorized and empowered to issue special facilities revenue bonds
for the acquisition, construction, alteration, improvement, or enlargement
of any revenue-producing facility located on such airport, subject to the
terms and conditions of this act.
History: L. 1974, ch. 6, § 2; July 1.
3-155: Same; principal and interest payable solely from revenues.
Bonds issued under the terms of this act, together with interest thereon
shall be paid solely and exclusively from the revenue derived from the
operation or rental of such special facility for which said bonds were
issued.
History: L. 1974, ch. 6, § 3; July 1.
3-156: Same; disposition and use of revenues derived from airport
facilities.
Revenues derived from the operation or rental of any such facility
(exclusive of land rentals) shall be paid into the treasury of the issuing
municipality and kept in a separate fund and shall not be used except for
the purpose of paying the cost of operation, maintenance and improvement of
such special facility, providing an adequate depreciation fund and paying
the principal of and the interest upon said bonds, all as may be agreed
upon with said bondholders.
History: L. 1974, ch. 6, § 4; July 1.
3-157: Same; bonds constitute lien on revenues of facilities; recitals
in bonds; conclusive validity in favor of purchasers; negotiability; debt
limits inapplicable.
Such revenue bonds are hereby made a lien on the revenue produced from
the operation or rental of such special facility but shall not be general
obligations of the issuing municipality and shall not contain the recital
set forth in K.S.A. 10-112 or any amendment thereof, but shall contain
recitals stating the authority under which such bonds are issued; that they
are issued in conformity with the provisions, restrictions and limitations
of that authority and that such bonds and the interest thereon are to be
paid by the issuing municipality from the revenues derived from the
operation or rentals of said special facility and not from any other fund
or source; that the same have been registered in the office of the clerk of
the issuing municipality and the auditor of the state of Kansas
respectively, and that said bonds are negotiable. All such revenue bonds
when registered and issued as herein provided shall import absolute verity
and shall be conclusive in favor of all persons purchasing such bonds; that
all proceedings and conditions precedent have been held and performed to
authorize the issuance thereof and such bonds shall be negotiable and shall
be issued in addition to any statutory limits of bonded indebtedness of the
issuing municipality.
History: L. 1974, ch. 6, § 5; July 1.
3-158: Same; terms;
disposition of excess funds.
Revenue bonds issued under the provisions of this act may
be sold at public
or private sale and shall mature not later than 40 years
after the date of issuance. The bonds shall bear interest at a rate not
to exceed the maximum rate prescribed by K.S.A. 10-1009, and amendments
thereto. The bonds may be in coupon or registered
form and interchangeable, and shall have such other terms and provisions
as the issuing municipality, by ordinance, resolution or trust agreement
provides. Such bonds and any interest thereon shall
be exempt from taxation under the laws of this state. In no case where
revenue bonds are issued under and by virtue of this act, after the
project has been completed, shall the total amount received
therefrom be in excess
of the actual cost of the project. In the case where the bonds are
issued prior to completion of the project and the total amount
received therefrom exceeds the actual costs of the project when completed,
then the excess
shall be deposited in a separate fund and shall not be used
except for the purpose of paying the principal of and the interest upon
the revenue bonds issued under the act. No municipality shall have any
right or authority to levy taxes to pay any of the principal of or
interest on any revenue bonds or any judgment against the issuing
municipality on account thereof. The provisions of K.S.A.
10-113, and amendments thereto, shall not apply to any bonds issued hereunder.
History: L. 1974, ch. 6, § 6; L. 1975, ch. 4, § 1; L. 1978,
ch. 99, § 5; L. 1980, ch. 3, § 1; L. 1983, ch. 49, § 15; May 12.
3-159: Same; resolution pledging revenues; resolution stating purpose
and amount of bonds; redemption prior to maturity; publication of
resolutions.
Before any such revenue bonds may be issued, the issuing municipality
shall provide by resolution that the income of the special facility
(exclusive of land rental) be pledged for the payment of bonds issued
hereunder. A resolution shall be adopted by the municipality stating the
purpose for which such bonds are to be issued and the total amount of the
bonds proposed to be issued, along with a finding by the municipality that
revenues pledged will be sufficient to retire the special facilities
revenue bonds issued hereunder and may contain such provision for prior
redemption as may be agreed upon with the holders of said bonds. Such
resolution and finding by the municipality shall be published once each
week for three consecutive weeks in the official newspaper of the
municipality.
History: L. 1974, ch. 6, § 7; July 1.
3-160: Same; title to facilities to vest in municipality.
Title to all facilities acquired, constructed, altered, improved or
enlarged with the proceeds of such special facilities revenue bonds shall
at all times vest in the issuing municipality.
History: L. 1974, ch. 6, § 8; July 1.
3-161:
History: L. 1974, ch. 6, § 9; Repealed, L. 1975, ch. 4, § 2; July 1.
3-162: Airport authority in certain cities; establishment.
The governing body of any city having a population of more than two
hundred fifty thousand (250,000) may establish, by ordinance, an airport
authority. Such authority shall be a body corporate and politic, and the
official name thereof shall be "The __________ (inserting the name of the
city) airport authority."
History: L. 1975, ch. 5, § 1; July 1.
3-163: Same; members.
The airport authority established
pursuant to K.S.A. 3-162, and amendments thereto, by the
city of Wichita shall be composed of nine members. Seven members of the
Wichita airport authority shall be residents of the city of Wichita and shall
be appointed by the governing body of the city. The remaining two members
shall be appointed by the board of county commissioners of Sedgwick county.
Each member appointed by the board of county commissioners shall reside in a
different county commissioner district. The terms of the members
of the authority shall be
designated by ordinance, and each shall hold office for such term or until
a successor has been appointed and qualified. In the event of death,
resignation or other disqualification of any member of the authority, a
successor shall be appointed by the appointing authority
to fill the unexpired
term of such member. Any member of the authority may be removed by the
appointing authority for the same cause as
any appointive officer.
Members of the airport authority shall receive no compensation for their
services but may be reimbursed for all necessary expenses incurred in the
performance of their duties as members of such authority. The members of
the authority shall give bond to the city in the sum of $25,000, and the costs
thereof shall be paid
from the
airport operating fund.
History: L. 1975, ch. 5, § 2;
L. 1991, ch. 7, § 1; July 1.
3-164: Same; officers.
When the members of the airport authority have been appointed and
qualified as provided by law, they shall meet and elect one member as
president, one as vice-president and one as second vice-president, to serve
for a term of one (1) year or until a successor is elected.
History: L. 1975, ch. 5, § 3; July 1.
3-165: Same; transaction of business.
The airport authority shall have the power to maintain an office for
such authority and its employees and to make bylaws, rules or regulations
for the orderly transaction and management of its business. Three (3)
members of the authority shall constitute a quorum, and the affirmative
vote of three (3) members shall be sufficient to authorize any act of the
authority.
History: L. 1975, ch. 5, § 4; July 1.
3-166: Same; contracts; employees.
The airport authority may contract with any person, firm, corporation or
governmental entity for the transaction of its business and may appoint,
employ and discharge such agents, consultants, employees and servants as it
may deem necessary and fix the duties and compensation of all such
appointees and require any of them to give security for the faithful
performance of their duties.
History: L. 1975, ch. 5, § 5; July 1.
3-167: Same; powers, authority and control.
When an airport authority has been established pursuant to K.S.A. 3-162
and the members thereof have been qualified in the manner provided by law,
such airport authority shall be vested with all powers, authority and
control heretofore vested in the governing body, the board of park
commissioners or other body of such city, so far as the same relates to
municipal airports, and such airport authority shall have every power,
authority and control over municipal airports as is or may hereafter be
vested in a board of park commissioners, governing body or other body,
except that all general obligation bonds required or authorized by law to
be issued relating to municipal airports and all taxes levied for the
maintenance or improvement of municipal airports shall be issued and levied
by the governing body of the city.
History: L. 1975, ch. 5, § 6; July 1.
3-168: Airport authority in certain counties; appointment of law enforcement
officers.
The board of directors of any airport authority located in a county having
a population of more than one hundred thousand (100,000) and less than two
hundred thousand (200,000) is authorized to appoint with the consent of
the governing body appointing the airport authority such law enforcement
officers as the board shall deem necessary for proper law enforcement, airport
security and police protection within the jurisdictional boundaries of property
owned, managed or controlled by the airport authority.
History: L. 1977, ch. 5, § 1; March 18.
3-169: Same; authority of law enforcement officers.
Law enforcement officers appointed by such airport authority shall have
the power and authority of police officers on property owned, managed or
controlled by the airport authority to enforce state laws, county resolutions
and rules and regulations adopted by the airport authority. Every officer
appointed by the airport authority shall, while on duty, wear and publicly
display a badge of office.
History: L. 1977, ch. 5, § 2; March 18.
3-170: Same; qualifications of law enforcement officers.
All officers regularly appointed by the board shall be qualified under the
provisions of article 56 of chapter 74 of the Kansas Statutes Annotated,
and amendments thereto, but any officer may receive a temporary appointment
pending completion of the requirements for a certificate attesting to the
satisfactory completion of the required number of hours of accredited instruction
at the law enforcement training center.
History: L. 1977, ch. 5, § 3; March 18.
3-171: Same; contracts of board of directors with city or county for
police protection.
The board of directors of the airport authority may enter into contracts
with the county, or any city located in the county in which the airport
authority is located, for the purpose of providing special police protection
by any such city or county on property owned, managed or controlled by the
airport authority. While on property owned, managed or controlled by the
airport authority, all duly qualified law enforcement officers of any city
or county contracting with the airport authority shall have all of the powers
and authority herein granted to law enforcement officers appointed by the
airport authority.
History: L. 1977, ch. 5, § 4; March 18.