Kansas Statutes

Chapter 68: Roads And Bridges

PART II.--BRIDGES

Article 16: Interstate Bridges

Statutes:

• 68-1601: Toll bridge across Missouri river.
• 68-1602: Same; conveyance to secretary of transportation.
• 68-1603: Same; maintenance, operation and insurance; tolls; contracts.
• 68-1604: Same; restrictions on other facilities.
• 68-1605: Same; pledge by states.
• 68-1606: Same; effective date.
• 68-1607: Interstate toll bridges; inclusion in state highway system; approaches.
• 68-1608: Same; contracts and obligations; liability of state; tolls.
• 68-1609: Same; conveyance of title to state; pledge of tolls.
• 68-1610: Interstate bridge across Missouri river on U.S. 36 near Elwood, Kansas; negotiation and cooperation with state of Missouri.
• 68-1611: Same; financing.
• 68-1612: Same; annual progress reports by secretary of transportation.
• 68-1613: Same; appropriations for costs and expenses.

• 68-1601: Toll bridge across Missouri river. Regional bridge company, its successors and assigns, shall be and it is hereby authorized to construct, maintain and operate such bridge across the Missouri river from a point at or near Kansas City, in Wyandotte county, Kansas, to a point in Platte county, Missouri, according to plans approved by the war department of the United States; and the said states hereby authorize regional bridge company to enter upon and use for the purpose of constructing, maintaining and operating such bridge all necessary lands under water belonging to the said states, and the fee to any lands so used shall upon such use be vested in such regional bridge company.

        History:   L. 1933, ch. 247, § 1; March 28.

• 68-1602: Same; conveyance to secretary of transportation. The state highway commission of Missouri and the secretary of transportation of Kansas shall be and they are hereby authorized and directed to accept, when tendered by a regional bridge company, conveyance of such bridge and franchise therefor to such state highway commission and secretary jointly, on behalf of the states of Missouri and Kansas. Such conveyance shall not be in assumption of such mortgage, but shall expressly be subject to such mortgage, and to the right and duty upon a regional bridge company fully to complete the construction of such bridge.

        History:   L. 1933, ch. 247, § 2; L. 1975, ch. 427, § 157; Aug. 15.

• 68-1603: Same; maintenance, operation and insurance; tolls; contracts. The state highway commission of Missouri and the secretary of transportation of Kansas shall be and they, and each of them, hereby are authorized to maintain, operate and insure such bridge and to fix and collect tolls thereon and apply such tolls, and to enter into any and all contracts with said reconstruction finance corporation or any other party or parties considered by said commission and secretary, or either of them, to be necessary or expedient for or in connection with the proper maintenance, operation and insurance of such bridge and such fixing, collection and application of tolls thereon, and to incur joint and several obligations under such contracts; and to construct and maintain, and to enter into any contracts, severally, with said reconstruction finance corporation or any other party or parties, considered by said commission and secretary or either of them to be necessary or expedient, for or in connection with the construction and maintenance of approaches to such bridge and roadways leading thereto, lying within their respective states.

        Said commission and secretary, and each of them, are further authorized to make and treat as a part of the state highway system of their respective states the entire such bridge and that portion of the approaches thereto lying within their respective states, and to enter into contracts with the reconstruction finance corporation or any other party or parties in respect thereto.

        History:   L. 1933, ch. 247, § 3; L. 1975, ch. 427, § 158; Aug. 15.

• 68-1604: Same; restrictions on other facilities. Neither the state of Kansas nor the state of Missouri, nor any department or political subdivision thereof, shall construct or cause to be constructed, or grant any right, privilege or franchise for the construction of any bridge, ferry, tunnel or other competing facility across or under the Missouri river within a distance of five miles from said bridge, measured along the meanderings of the thread of the stream of the Missouri river, until the construction costs of said bridge, with interest thereon, shall have been fully paid.

        History:   L. 1933, ch. 247, § 4; March 28.

• 68-1605: Same; pledge by states. To the faithful observance of this compact and agreement the states of Missouri and Kansas, by the adoption of this resolution, each pledges its good faith.

        History:   L. 1933, ch. 247, § 5; March 28.

• 68-1606: Same; effective date. This compact and agreement shall be in force and take effect from and after its adoption by the general assembly of the state of Missouri, and approval by the governor of Missouri, and its adoption by the legislature of the state of Kansas, and approval by the governor of Kansas, and publication in the official state paper of the state of Kansas, and upon its receiving the consent and approval of the congress of the United States.

        History:   L. 1933, ch. 247, § 6; March 28.

• 68-1607: Interstate toll bridges; inclusion in state highway system; approaches. The secretary of transportation of the state of Kansas is hereby authorized and directed to include as a part of the state highway system the whole of any toll bridge across any river forming a common boundary to this state and any other state or states, now or hereafter constructed, maintained, operated or owned by any person, firm or corporation, and to construct, maintain and operate, as a part of said state highway system, an approach within the boundaries of the state of Kansas to such bridge and highways connecting the same with established highways.

        History:   L. 1933, ch. 248, § 1; L. 1975, ch. 427, § 159; Aug. 15.

• 68-1608: Same; contracts and obligations; liability of state; tolls. The secretary of transportation of Kansas is hereby vested with authority to join with the state highway commission or a suitable public body of any such other state in the execution of contracts with the owner of any toll bridge which may now or hereafter be constructed across any such river from a point in Kansas to a point in any such other state, and with the holder of any bonds issued in connection with the construction of such bridge, and with anyone else, by the terms of which contracts the secretary and such state highway commission or suitable public body of any such other state shall maintain, operate and insure such bridge, and fix and collect and apply tolls thereon, and shall construct and maintain and operate as free state highways approaches thereto, and shall make and treat as part of the highway system of their respective states such entire bridge and any part of such approaches lying within their respective states: Provided, That as between such secretary and commission or other public bodies of the respective states, their obligations under such contracts shall be at their joint expense, but that as between them and the holders of bonds above referred to or other third parties, the obligations of such secretary and commission or other public bodies may be joint and several: Provided further, That such holders of bonds or other third parties may enforce all obligations of such secretary and commission or public bodies under such contracts by mandamus or other suit in law or equity to require such secretary and commission or public bodies to carry out such obligations, or by action or suit in equity to require such secretary and commission or public bodies to account as if they were trustees of an express trust for such holders of bonds or other third parties: And provided further, That the state of Kansas pledges that the powers of the secretary of transportation of Kansas will not, while any bonds of the kind above referred to are outstanding, be altered in such a way that the rights and remedies of the holders of such bonds in any way be impaired: And provided further, That the authority hereby vested to enter into such contracts or agreements shall exist only in cases where the tolls received from the operation of such bridge, after the execution of such contracts or agreements, shall be used solely for the retirement of the costs of construction of such bridge, with interest thereon, including bonds issued for that purpose, if any, and where the owner of such bridge by proper legal action has agreed to transfer or has transferred the title to and ownership of such bridge, free of cost, to the state of Kansas and such other state, subject to, but not in assumption of, any encumbrance, or any part thereof, then existing against any such bridge: Provided further, That the owner of such bridge shall furnish to the said secretary of transportation or other proper authorities so entering into such contract or agreement a verified statement of the cost of construction of such bridge, together with a verified statement of the sums remaining unpaid at the time of the execution of such contracts or agreements, including a statement of the terms upon which the balance of the cost of the construction remaining unpaid, with interest, including bonds issued for that purpose, if any, is to be paid: And provided further, That tolls shall be charged for the use of such bridge only until such time as the cost of the construction thereof, with interest, including bonds issued for that purpose, if any, shall have been fully paid; after which such bridge shall become a free bridge.

        History:   L. 1933, ch. 248, § 2; L. 1975, ch. 427, § 160; Aug. 15.

• 68-1609: Same; conveyance of title to state; pledge of tolls. The secretary of transportation, on behalf and in the name of the state of Kansas, is hereby authorized to take and accept conveyance of title to and ownership of any such bridge, or part thereof, situated within the state of Kansas, subject to any encumbrance against any such bridge and pledge of its tolls previously executed, but not in assumption of any such encumbrance or part thereof existing upon or against any such bridge at the time of such conveyance. And such acceptance of title to and ownership of the same shall not in any manner create any liability, present or future upon or against the state of Kansas or the secretary of transportation thereof, for the payment or assumption of any such encumbrance or any part thereof.

        History:   L. 1933, ch. 248, § 3; L. 1975, ch. 427, § 161; Aug. 15.

• 68-1610: Interstate bridge across Missouri river on U.S. 36 near Elwood, Kansas; negotiation and cooperation with state of Missouri. The secretary of transportation is hereby authorized and directed to forthwith negotiate and cooperate with the appropriate agency of the state of Missouri in the construction of a new toll free bridge across the Missouri river on U.S. highway 36, in the vicinity of the city of Elwood, Kansas. Said bridge shall be of such design and construction as is necessary to accommodate both present and projected future needs for traffic at such point upon such highway.

        History:   L. 1972, ch. 248, § 1; L. 1975, ch. 427, § 162; Aug. 15.

• 68-1611: Same; financing. The proportionate share of the total cost of the bridge authorized by K.S.A. 68-1610 to be borne by the state of Kansas, but not to exceed the actual cost of that portion of such bridge situated within the boundaries of this state, shall be negotiated by the secretary of transportation and all of such costs incurred in the construction of such bridge, including preliminary negotiations and engineering relating to location, design and apportionment of cost of construction and future maintenance, shall be paid from the state freeway fund, the proceeds from highway bonds, the state highway funds or from any other state or federal funds or moneys made available to the secretary for the construction of highways or from any combination of such sources.

        History:   L. 1972, ch. 248, § 2; L. 1975, ch. 427, § 163; L. 1977, ch. 229, § 1; July 1.

• 68-1612: Same; annual progress reports by secretary of transportation. The secretary of transportation shall annually report to the legislature its progress hereunder and such report shall include all work and action completed by the secretary during the period covered by the report and also the work and action contemplated by the secretary during the next ensuing year.

        History:   L. 1972, ch. 248, § 3; L. 1975, ch. 427, § 164; Aug. 15.

• 68-1613: Same; appropriations for costs and expenses. Appropriations required to implement the provisions of this act shall be made on an annual basis in amounts sufficient to defray all costs and expenses involved and reasonably anticipated to be incurred during the budgeting period.

        History:   L. 1972, ch. 248, § 4; July 1.