(a) The word "authority" shall mean the Kansas turnpike authority, created by K.S.A. 68-2003, or, if said authority shall be abolished, the board, body or commission succeeding to the principal functions thereof or to whom the powers given by this act to the authority shall be given by law.
(b) The word "project" or the words "turnpike project" shall mean any express highway or superhighway constructed under the provisions of this act by the authority, including all bridges, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, toll houses, service stations, and administration, storage and other buildings and facilities which the authority may deem necessary for the operation of such project, together with all property, rights, easements, and interests which may be acquired by the authority for the construction or the operation of such project.
(c) The word "cost" as applied to a turnpike project shall embrace the cost of construction, the cost of the acquisition of all land, rights-of-way, property, rights, easements and interests acquired by the authority for such construction, and the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which such buildings or structures may be moved, the cost of all machinery and equipment, financing charges, interest prior to and during construction and, if deemed advisable by the authority, for a period of not exceeding one year after completion of construction, cost of traffic estimates and of engineering and legal services, plans, specifications, surveys, estimates of cost and of revenues, other expenses necessary or incident to determining the feasibility or practicability of constructing any such project, administrative expense, and such other expenses as may be necessary or incident to the construction of the project, the financing of such construction and the placing of the project in operation. Any obligation or expense hereafter incurred by the department of transportation with the approval of the authority for traffic surveys, borings, preparation of plans and specifications, and other engineering services in connection with the construction of a project shall be regarded as a part of the cost of such project and shall be reimbursed to said department out of the proceeds of turnpike revenue bonds hereinafter authorized.
(d) The words "public highways" shall include all public highways, roads and streets in the state, whether maintained by the state or by any county, city, town or other political subdivision.
(e) The word "bonds" or the words "turnpike revenue bonds" shall mean revenue bonds of the authority authorized under the provisions of this act.
(f) The word "owner" shall include all individuals, copartnerships, associations or corporations having any title or interest in any property, rights, easements and interest authorized to be acquired by this act.
History: L. 1953, ch. 308, § 1; L. 1975, ch. 427, § 168; Aug. 15.
(a) That public funds for construction of a free expressway are not available;
(b) that the construction of a toll expressway can be financed wholly through the investment of private funds in toll road revenue bonds; and
(c) that the project and indebtedness incurred therefor will be entirely self-liquidating through tolls and other income from operation of the project.
History: L. 1953, ch. 308, § 2; April 7.
The Kansas turnpike authority shall consist of five members. Two members shall be appointed by the governor for terms of four years. The members appointed by the governor shall be residents of the state and shall each year be owners of revenue bonds issued by the Kansas turnpike authority. One member of the authority shall be the secretary of transportation. One member shall be the chairperson of the committee on transportation and tourism of the senate, and one member shall be a member of the committee on transportation of the house of representatives and shall be appointed by the speaker of the house of representatives. Any person appointed by the governor to fill a vacancy on the authority shall be appointed to serve only for the unexpired term, and a member of the authority shall be eligible for reappointment. A member of the authority may be removed by the governor for misfeasance, malfeasance or willful neglect of duty, but only after reasonable notice and a public hearing conducted in accordance with the provisions of the Kansas administrative procedure act. Each member of the authority, before entering upon the member's duties, shall take and subscribe an oath or affirmation as required by law.
The authority shall elect one member as chairperson of the authority and another as vice-chairperson. The authority shall also elect a secretary-treasurer who need not be a member of the authority. The chairperson, vice-chairperson and secretary-treasurer shall serve as officers at the pleasure of the authority. Three members of the authority shall constitute a quorum and the affirmative vote of three members shall be necessary for any action taken by the authority. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority.
Members of the Kansas turnpike authority attending meetings of such authority, or attending a subcommittee meeting thereof authorized by such authority, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223 and amendments thereto.
History: L. 1953, ch. 308, § 3; L. 1961, ch. 307, § 1; L. 1967, ch. 434, § 19; L. 1969, ch. 250, § 3; L. 1973, ch. 268, § 1; L. 1974, ch. 348, § 34; L. 1975, ch. 355, § 1; L. 1975, ch. 427, § 169; L. 1982, ch. 347, § 28; L. 1988, ch. 356, § 271; L. 1998, ch. 182, § 26; May 21.
(1) Adopt bylaws for the regulation of its affairs and the conduct of its business;
(2) adopt an official seal and alter the same at pleasure;
(3) maintain an office at such place or places within the state as it may designate;
(4) sue and be sued in its own name, plead and be impleaded;
(5) determine the location, subject to the approval of the secretary of transportation, of each turnpike project financed under the provisions of this act, determine its design and the materials of construction, and construct, maintain, repair and operate the same;
(6) issue turnpike revenue bonds of the authority for any of its corporate purposes, payable solely from the tolls and revenues pledged for their payment, and to refund its bonds, all as provided in this act;
(7) fix and revise from time to time and charge and collect tolls for transit over each turnpike project constructed by it;
(8) adopt rules and regulations for the use of any such turnpike project, and adopt rules and regulations for traffic control on such project;
(9) acquire, hold and dispose of real and personal property in the exercise of its powers and the performance of its duties under this act;
(10) designate the locations, and establish, limit and control such points of ingress to and egress from each turnpike project as may be necessary or desirable in the judgment of the authority to insure the proper operation and maintenance of such project, and to prohibit entrance to such project from any point or points not so designated;
(11) make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this act;
(12) employ consulting engineers, attorneys, accountants, construction and financial experts, superintendents, managers, and such other employees and agents as may be necessary in its judgment, and to fix their compensation;
(13) receive and accept from any federal agency grants for or in aid of the construction of any turnpike project, and to receive and accept aid or contributions from any source of either money, property, labor or other things of value, to be held, used and applied only for the purposes for which such grants and contributions may be made; and
(14) do all acts and things necessary or convenient to carry out the powers expressly granted in this act.
(b) Violation of any of the rules and regulations adopted under this section shall be unlawful and subject to the penalties contained in K.S.A. 8-2116 and amendments thereto.
History: L. 1953, ch. 308, § 4; L. 1975, ch. 427, § 170; L. 1983, ch. 230, § 1; April 21.
If the authority shall find it necessary to change the location of any portion of any public highway, it shall cause the same to be reconstructed at such location as the authority shall deem most favorable and of substantially the same type and in as good condition as the original highway. The cost of such reconstruction and any damage incurred in changing the location of any such highway shall be ascertained and paid by the authority as a part of the cost of such turnpike project: Provided, The authority shall not change the location of any portion of a public highway which is a part of the state highway system without the approval of the secretary of transportation.
Any public highway affected by the construction of any turnpike project may be vacated or relocated by the authority in the manner now provided by law for the vacation or relocation of public roads, and any damages awarded on account thereof shall be paid by the authority as a part of the cost of such project.
In addition to the foregoing powers the authority and its authorized agents and employees may enter upon any lands, waters and premises in the state for the purpose of making surveys, soundings, drillings and examinations as they may deem necessary or convenient for the purposes of this act, and such entry shall not be deemed a trespass, nor shall an entry for such purposes be deemed an entry under any condemnation proceedings which may be then pending. The authority shall make reimbursement for any actual damage resulting to such lands, waters and premises as a result of such activities.
The authority shall also have power to make reasonable regulations for the installation, construction, maintenance, repair, renewal, relocation and removal of tracks, pipes, mains, conduits, cables, wires, towers, poles and other equipment and appliances (herein called "transmission facilities") of any public utility, pipeline company or pipeline operator in, on, along, over or under any turnpike project. Whenever the authority shall determine that it is necessary that any such transmission facilities which now are, or hereafter may be, located in, on, along, over or under any turnpike project, should be relocated in such turnpike project, or should be removed from such turnpike project, the owner or operator of such facilities shall relocate or remove the same in accordance with the order of the authority: Provided, however, That the cost and expenses of such relocation or removal, including the cost of installing such facilities in a new location or new locations, and the cost of any lands, or any rights or interests in lands, and any other rights, acquired to accomplish such relocation or removal, shall be ascertained and paid by the authority as a part of the cost of such turnpike project. In case of any such relocation or removal of facilities, the owner or operator of the same, their successors or assigns, may maintain and operate such facilities, with the necessary appurtenances, in the new location or new locations, for as long a period, and upon the same terms and conditions, as they had the right to maintain and operate such facilities in their former location or locations. The authority shall also have power to enter into contracts with any landowners for the construction and maintenance of underpasses and bridges under and across any turnpike project running across or through such landowner's land.
The state hereby consents to the use of all lands owned by it, including lands lying under water, which are deemed by the authority to be necessary for the construction or operation of any turnpike project.
History: L. 1953, ch. 308, § 5; L. 1975, ch. 427, § 171; Aug. 15.
Whenever a reasonable price cannot be agreed upon, or whenever the owner is legally incapacitated or is absent, unknown or unable to convey valid title, the authority is hereby authorized and empowered to acquire by condemnation or by the exercise of the power of eminent domain any lands, property, rights, rights-of-way, franchises, easements and other property, including public lands, parks, playgrounds, reservations, highways or parkways, or parts thereof or rights therein, of any person, copartnership, association, railroad, public service, public utility or other corporation, municipality or political subdivision deemed necessary or convenient for the construction or the efficient operation of any project, or necessary in the restoration of public or private property damaged or destroyed. Any such proceedings shall be conducted, and the compensation to be paid shall be ascertained and paid, in the manner provided by the laws of the state then applicable which relate to condemnation or the exercise of the power of eminent domain by the secretary of transportation: Provided, however, That title to any property condemned by the authority shall immediately vest in the authority and the authority shall be entitled to the immediate possession of such property upon the deposit with the clerk of the court in which such condemnation proceedings were originated, of the total amount of the appraised price of the property and court costs and fees as provided by said laws, notwithstanding that any of the parties to such proceedings shall appeal from such appraisement. Whenever the authority shall make such deposit in connection with any condemnation proceeding, the making of said deposit shall not preclude the authority from appealing any decision rendered in such proceeding. The said clerk of the court shall hold any such deposit made by the authority until the period within which an appeal may be taken from such appraisement has expired or if an appeal is taken, until judgment has been rendered on such appeal. If the appraisement is increased or decreased as the result of an appeal, the amount of the increase or decrease shall be paid by or refunded to the authority. Title to any property acquired by the authority shall be taken in the name of the state.
If the owner, lessee or occupier of any property to be condemned shall refuse to remove his or her personal property therefrom or give up possession thereof, the authority may proceed to obtain possession in any manner now or hereafter provided by law.
With respect to any railroad property or right-of-way upon which railroad tracks are located, any powers of condemnation or of eminent domain may be exercised to acquire only an easement interest therein which shall be located either sufficiently far above or sufficiently far below the grade of any railroad track or tracks upon such railroad property so that neither the proposed project nor any part thereof, including any bridges, abutments, columns, supporting structures and appurtenances, nor any traffic upon it shall interfere in any manner with the use, operation or maintenance of the trains, tracks, works or appurtenances or other property of the railroad nor endanger the movement of the trains or traffic upon the tracks of the railroad. Prior to the institution of condemnation proceedings of such easement over or under such railroad property or right-of-way, plans and specifications of the proposed project showing compliance with the above-mentioned above or below grade requirements and showing sufficient and safe plans and specification of such overhead or undergrade structure and appurtenances shall be submitted to the railroad for examination and approval. If the railroad fails or refuses within thirty days to approve the plans and specifications so submitted, the matter shall be submitted to the state corporation commission whose decision, arrived at after due consideration in accordance with its usual procedure, shall be final as to the sufficiency and safety of such plans and specifications and as to such elevations or distances above or below the tracks. Such overhead or undergrade structure and appurtenances shall be constructed only in accordance with such plans and specifications and in accordance with such elevations or distances above or below the tracks so approved by the railroad or the state corporation commission as the case may be. A copy of the plans and specifications approved by the railroad or the state corporation commission shall be filed as an exhibit with the petition for condemnation.
History: L. 1953, ch. 308, § 6; L. 1975, ch. 427, § 172; Aug. 15.
The proceeds of the bonds of each issue shall be used solely for the payment of the cost of the turnpike project or projects for which such bonds have been issued, and shall be disbursed in such manner and under such restrictions, if any, as the authority provides in the resolution authorizing the issuance of such bonds or in the trust agreement hereinafter mentioned securing the same. If the proceeds of the bonds of any issue, by error of estimates or otherwise, shall be less than such cost, additional bonds may in like manner be issued to provide the amount of such deficit, and, unless otherwise provided in the resolution authorizing the issuance of such bonds or in the trust agreement securing the same, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued. If the proceeds of the bonds of any issue exceed such cost, surplus shall be deposited to the credit of the sinking fund for such bonds.
Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when such bonds have been executed and are available for delivery. The authority may also provide for the replacement of any bonds which are mutilated, destroyed or lost. Bonds may be issued under the provisions of this act without obtaining the consent of any department, division, commission, board, bureau or agency of the state and without any other proceedings or the happening of any other conditions or things than those proceedings or conditions which are specifically required by this act.
History: L. 1953, ch. 308, § 7; L. 1970, ch. 64, § 81; L. 1983, ch. 49, § 89; May 12.
All expenses incurred in carrying out the provisions of this act shall be payable solely from funds provided under the authority of this act and no liability or obligation shall be incurred by the authority hereunder beyond the extent to which moneys shall have been provided under the provisions of this act.
History: L. 1953, ch. 308, § 8; April 7.
Such tolls shall not be subject to supervision or regulation by any other commission, board, bureau or agency of the state. The tolls and all other revenues derived from the turnpike project or projects in connection with which the bonds of any issue shall have been issued, except such part thereof as may be necessary to pay such cost of maintenance, repair and operation and to provide such reserves therefor as may be provided for in the resolution authorizing the issuance of such bonds or in the trust agreement securing the same, shall be set aside at such regular intervals as may be provided in such resolution or such trust agreement in a sinking fund which is hereby pledged to, and charged with, the payment of the principal of and the interest on such bonds as the same shall become due, and the redemption price or the purchase price of bonds retired by call or purchase as therein provided. Such pledge shall be valid and binding from the time when the pledge is made; the tolls or other revenues or other moneys so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority, irrespective of whether such parties have notice thereof. Neither the resolution nor any trust agreement by which a pledge is created need be filed or recorded except in the records of the authority. The use and disposition of moneys to the credit of such sinking fund shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of such trust agreement. Except as may otherwise be provided in such resolution or such trust agreement, such sinking fund shall be a fund for all such bonds without distinction or priority of one over another.
History: L. 1953, ch. 308, § 9; L. 1975, ch. 427, § 173; L. 1981, ch. 265, § 1; July 1.
It shall be lawful for any bank or trust company incorporated under the laws of the state which may act as depository of the proceeds of bonds or of revenues to furnish such indemnifying bonds or to pledge such securities as may be required by the authority. Any such trust agreement may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action by bondholders. In addition to the foregoing, any such trust agreement or resolution may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the provisions of such trust agreement or resolution may be treated as a part of the cost of the operation of the turnpike project or projects.
History: L. 1953, ch. 308, § 10; April 7.
History: L. 1953, ch. 308, § 11; April 7.
History: L. 1953, ch. 308, § 12; April 7.
History: L. 1953, ch. 308, § 13; L. 1975, ch. 495, § 14; July 1.
History: L. 1953, ch. 308, § 14; April 7.
All private property damaged or destroyed in laying out and constructing said turnpike project shall be restored or repaired and placed in its original condition as nearly as practicable or adequate compensation made therefor out of funds provided under the authority of this act.
All counties, cities, towns and other political subdivisions and all public agencies and commissions of the state, notwithstanding any contrary provision of law, are hereby authorized and empowered to lease, lend, grant or convey to the authority at its request upon such terms and conditions as the proper authorities of such counties, cities, towns, political subdivisions, agencies or commissions of the state may deem reasonable and fair and without the necessity for any advertisement, order of court or other action or formality, other than the regular and formal action of the authorities concerned, any real property which may be necessary or convenient to the effectuation of the authorized purposes of the authority, including public roads and other real property already devoted to public use.
On or before the thirty-first day of March in each year the authority shall make an annual report of its activities for the preceding calendar year to the governor. Each such report shall set forth a complete operating and financial statement covering its operations during the year. The authority shall cause an audit of its books and accounts to be made at least once in each year by certified public accountants and the cost thereof may be treated as a part of the cost of construction or operation of the project.
Any member, agent or employee of the authority who contracts with the authority or is interested, either directly or indirectly, in any contract with the authority or in the sale of any property, either real or personal, to the authority shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one (1) year, or both.
History: L. 1953, ch. 308, § 15; L. 1957, ch. 369, § 1; L. 1979, ch. 213, § 1; July 1.
History: L. 1953, ch. 308, § 16; April 7.
The secretary of transportation, when such project becomes a part of the state highway system, shall have the same power as vested in the authority by K.S.A. 68-2009, to fix, revise, charge and collect tolls for the use of such turnpike project and to contract for the use of any part thereof and to fix the terms, conditions, rents and rates of charges for such use; and such tolls, rents and rates of charges shall be sufficient to provide enough revenue to maintain, repair, operate, regulate and police such turnpike.
The authority may, however, at any time prior thereto covenant to continue tolls for the use of such project and pledge such tolls to the payment of bonds issued under the provisions of K.S.A. 68-2001 to 68-2020, inclusive, and acts amendatory thereof or supplemental thereto, or K.S.A. 68-2030 to 68-2049, inclusive, and acts amendatory thereof or supplemental thereto, or K.S.A. 68-2044 and amendments thereto and statutes supplemental thereto, in connection with another turnpike project or projects, but any such pledge of tolls of a turnpike project to the payment of bonds issued in connection with another project or projects shall not be effectual until the principal of and the interest on the bonds issued in connection with the first and second mentioned project shall have been paid or provision made for their payment.
History: L. 1953, ch. 308, § 17; L. 1975, ch. 427, § 174; L. 1978, ch. 275, § 1; L. 1982, ch. 280, § 1; July 1.
The authority is hereby authorized and directed to make such surveys and studies of any turnpike project as may be necessary to effect the financing authorized by this act at the earliest practicable time, and for this purpose to employ such consulting engineers, traffic engineers, legal and financial experts and such other employees and agents as it may deem necessary. To effect the purpose of this act the secretary of transportation shall make available to the authority all data in the secretary's possession which may be useful to the authority in making such surveys and studies and said secretary may furnish such assistance in making investigations and in preparing designs for any turnpike project as may be agreed upon between the secretary and the authority, the cost of such surveys and expenses incurred by the secretary to be paid by the authority.
History: L. 1953, ch. 308, § 18; L. 1975, ch. 427, § 175; Aug. 15.
History: L. 1953, ch. 308, § 19; April 7.
History: L. 1953, ch. 308, § 20; April 7.
(2) to provide personnel and equipment required, and to do any engineering, geological work, soils testing or materials testing which may be required by the Kansas turnpike authority either preliminary to the financing of any particular toll project authorized by law or which may be required after such financing and during the construction of such project: Provided, That charges for services contemplated by such project shall be made by the secretary of transportation on the basis of the total and actual cost to the department of all wages, salaries, expenses, equipment rental, damage to equipment, depreciation or other charges and expenses chargeable to the services to be rendered to the Kansas turnpike authority: Provided further, That the total amount of any credit and funds advanced hereunder shall not at any one time exceed the sum of two hundred fifty thousand dollars ($250,000).
History: L. 1955, ch. 305, § 1; L. 1975, ch. 427, § 176; Aug. 15.
History: L. 1955, ch. 305, § 2; L. 1975, ch. 427, § 177; Aug. 15.
History: L. 1955, ch. 305, § 3; L. 1975, ch. 427, § 178; Aug. 15.
History: L. 1955, ch. 305, § 4; April 9.
History: L. 1955, ch. 304, § 1; June 30.
History: L. 1955, ch. 304, § 2; June 30.
History: L. 1955, ch. 304, § 3; June 30.
History: L. 1955, ch. 304, § 4; L. 1957, ch. 370, § 1; June 29.
History: L. 1955, ch. 304, § 5; June 30.
(a) The word "authority" shall mean the Kansas turnpike authority duly created by K.S.A. 68-2003, or, if said authority shall be abolished, the board, body or commission succeeding to the principal functions thereof or to whom the powers given by this act to the authority shall be given by law.
(b) The word "project" or the words "turnpike project" shall mean any express highway or superhighway constructed under the provisions of this act by the authority, including all bridges, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, toll houses, service stations, and administration, storage and other buildings and facilities which the authority may deem necessary for the operation of such project, together with all property, rights, easements, and interests which may be acquired by the authority for the construction or the operation of such projects.
(c) The word "cost" as applied to a turnpike project shall embrace the cost of construction, the cost of the acquisition of all land, rights-of-way, property, rights, easements and interests acquired by the authority for such construction, and the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which such buildings or structures may be moved, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and, if deemed advisable by the authority, for a period of not exceeding one year after completion of construction, cost of traffic estimates and of engineering and legal services, plans, specifications, surveys, estimates of costs and of revenues, other expenses necessary or incident to determining the feasibility or practicability of constructing any such project, administrative expense, and such other expenses as may be necessary or incident to the construction of the project, the financing of such construction and the placing of the project in operation. Any obligation or expense hereafter incurred by the secretary of transportation with the approval of the authority for traffic surveys, borings, preparation of plans and specifications, and other engineering services in connection with the construction of a project shall be regarded as a part of the cost of such project and shall be reimbursed to the secretary out of the proceeds of turnpike revenue bonds hereinafter authorized.
(d) The words "public highways" shall include all public highways, roads and streets in the state, whether maintained by the state or by any county, city, township or other political subdivision.
(e) The word "bonds" or the words "turnpike revenue bonds" shall mean revenue bonds of the authority authorized under the provisions of this act.
(f) The word "owner" shall include all individuals, co-partnerships, associations or corporations having any title or interest in any property, rights, easements or interests authorized to be acquired by this act.
History: L. 1957, ch. 368, § 1; L. 1974, ch. 274, § 1; L. 1975, ch. 427, § 179; Aug. 15.
That adequate public funds for construction of a free expressway are not available; and that the construction of a toll road project can be financed wholly through the investment of private funds in toll road revenue bonds issued under the provisions of this act; and that the project and indebtedness incurred therefor will be entirely self-liquidating through tolls and other income from operation of the project and any payments to the authority from the state highway fund provided to be made pursuant to the provisions of said K.S.A. 68-2033; and that the average amount of the annual revenues to be received from the operation and ownership of such project from the estimated opening of such project for traffic until the final maturity of the bonds to finance such project, over and above the cost of maintenance, repair and operation of such project, will be greater than the maximum amount established for any year for interest, principal and premium by the provisions of clauses (i), (ii) and (iii) of K.S.A. 68-2033.
Notwithstanding the foregoing provisions of this section, and the act of which this section is amendatory, from and after the effective date of this act, no turnpike revenue bonds of the authority shall be issued under the act of which this section is amendatory for any project not specifically authorized by an act of the legislature, but nothing in the foregoing provision shall be deemed to prohibit the refunding of turnpike revenue bonds pursuant to K.S.A. 68-2044.
History: L. 1957, ch. 368, § 2; L. 1965, ch. 397, § 1; L. 1974, ch. 274, § 2; L. 1975, ch. 427, § 180; L. 1978, ch. 275, § 2; April 8.
History: L. 1973, ch. 270, § 1; Repealed, L. 1978, ch. 275, § 4; April 8.
(a) Determine the location, subject to the approval of the secretary of transportation, of each turnpike project financed under the provisions of this act, determine its design and the materials of construction, and construct, maintain, repair and operate the same;
(b) issue turnpike revenue bonds of the authority for any of its corporate purposes, payable solely from the tolls and revenues and any payments to the authority from the state highway fund provided to be made pursuant to the provisions of K.S.A. 68-2033, which are pledged for their payment, and to refund its bonds, all as provided in this act;
(c) fix and revise from time to time and charge and collect tolls for transit over each turnpike project;
(d) establish rules and regulations for the use of any turnpike project;
(e) acquire, hold and dispose of real and personal property in the exercise of its powers and the performance of its duties under this act;
(f) designate the locations, and establish, limit and control such points of ingress to and egress from each turnpike project as may be necessary or desirable in the judgment of the authority to insure the proper operation and maintenance of such project, and to prohibit entrance to such project from any point or points not so designated;
(g) make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this act;
(h) employ consulting engineers, attorneys, accountants, construction and financial experts, superintendents, managers, and such other employees and agents as may be necessary in its judgment, and to fix their compensation;
(i) receive and accept from any federal agency grants for or in aid of the construction of any turnpike project, and receive and accept aid or contributions from any source of either money, property, labor or other things of value, to be held, used and applied only for the purposes for which such grants and contributions may be made; and
(j) do all acts and things necessary or convenient to carry out the powers expressly granted in this act.
History: L. 1957, ch. 368, § 3; L. 1975, ch. 427, § 181; Aug. 15.
With respect to any turnpike project financed under the provisions of this act, the secretary is authorized and empowered to contract or agree with the authority to pay to the authority from the state highway fund, upon order or voucher of the secretary of transportation in the manner provided by law to the director of accounts and reports, in each year, such amount or amounts as shall be required in such year to make up any deficiency in the revenues received from the operation and ownership of such turnpike project in such year, over and above the cost of maintenance, repair and operation of such turnpike project incurred in such year; (i) for paying the interest on all turnpike revenue bonds or turnpike revenue refunding bonds issued by the authority in connection with such turnpike projects; (ii) for retiring such bonds by their maturity or maturities; and (iii) for paying the premium, if any, on a specified aggregate principal amount of such bonds which would be payable in such year if such principal amount of bonds were to be redeemed prior to their maturity or maturities. The amount which is required in each such year to provide for paying the interest on such bonds and for retiring such bonds by their maturity or maturities shall be determined as provided in such contract or agreement. Any such payments required to be made pursuant to such contract or agreement may be pledged or assigned by the authority in the same manner as tolls and other revenues of such turnpike project. Any such contract or agreement shall provide for reimbursement by the authority, from tolls or other revenues of such turnpike projects, to the secretary of transportation for the credit of the state highway fund, at any time or times and under such terms and conditions as may be set forth therein, of any amounts previously paid to the authority by the secretary pursuant to the provisions of this paragraph, except that if the revenues received from the operation and ownership of such turnpike project in any year, over and above the cost of maintenance, repair and operation of such turnpike project incurred in such year, shall exceed 150% of clauses (i), (ii) and (iii) above for such year, such excess must be reimbursed to the secretary, for the credit of the state highway fund, until all amounts previously paid to the authority by the secretary of transportation have been reimbursed to the secretary.
Any payments provided to be made in any year pursuant to the provisions of this section to the authority from the state highway fund shall be a lien and claim on the portion of the highway fund which is made available to the secretary of transportation by the provisions of K.S.A. 68-416, and amendments thereto, but any such payments provided to be made shall not be a lien or claim on any of the sums now provided by K.S.A. 68-416, and amendments thereto, except that the secretary of transportation and the authority may determine any priority as to lien and claim on the fund as between any such payments to the authority from the fund on account of any turnpike projects financed under the provisions of this act. The laws of Kansas shall not be repealed or amended so as to cause the moneys available in the state highway fund for making any payments to the authority provided to be made pursuant to the provisions of this section to be insufficient to make any such payments.
The provisions of any contract or agreement entered into pursuant to the provisions of this section may be enforced by the authority or by the trustee under any trust agreement authorized by the provisions of K.S.A. 68-2038, and amendments thereto.
History: L. 1957, ch. 368, § 4; L. 1963, ch. 340, § 1; L. 1975, ch. 427, § 182; L. 1999, ch. 137, § 11; July 1.
History: L. 1957, ch. 368, § 5; April 26.
The authority shall determine the form of the bonds, including any interest coupons attached thereto, and shall fix the denomination of the bonds and the place of payment of principal and interest, which may be at any bank or trust company within or without the state. The bonds shall be signed by the chairperson of the authority or shall bear a facsimile signature of the chairperson, and the official seal of the authority shall be impressed thereon and attested by the secretary-treasurer of the authority, and any coupons attached thereto shall bear the facsimile signature of the chairperson of the authority. In case any officer whose signature or a facsimile of whose signature appears on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All bonds issued under the provisions of this act shall have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the state. The bonds may be issued in coupon or in registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bonds as to both principal and interest, for the reconversion into coupon bonds of any bonds registered as to both principal and interest, and for the interchange of registered and coupon bonds. The authority may sell such bonds in such manner and for such price as it determines will best effect the purposes of this act.
The proceeds of the bonds of each issue shall be used solely for the payment of the cost of the turnpike project or projects for which such bonds have been issued, and shall be disbursed in such manner and under such restrictions, if any, as the authority provides in the resolution authorizing the issuance of such bonds or in the trust agreement securing the same. If the proceeds of the bonds of any issue, by error of estimates or otherwise, is less than such cost, additional bonds may in like manner be issued to provide the amount of such deficit, and, unless otherwise provided in the resolution authorizing the issuance of such bonds or in the trust agreement securing the same, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued. If the proceeds of the bonds of any issue exceed such cost, surplus shall be deposited to the credit of the sinking fund for such bonds.
Prior to the preparation of definitive bonds, the authority, under like restrictions, may issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when such bonds have been executed and are available for delivery. The authority may also provide for the replacement of any bonds which are mutilated, destroyed or lost. Bonds may be issued under the provisions of this act without obtaining the consent of any department, division, commission, board, bureau or agency of the state, and without any other proceedings or the happening of any other conditions or things than those proceedings or conditions which are specifically required by this act.
History: L. 1957, ch. 368, § 6; L. 1970, ch. 64, § 82; L. 1983, ch. 49, § 90; May 12.
All expenses incurred in carrying out the provisions of this act shall be payable solely from funds provided under the authority of this act and no liability or obligation shall be incurred by the authority hereunder beyond the extent to which moneys shall have been provided under the provisions of this act.
History: L. 1957, ch. 368, § 7; April 26.
All contracts made by the authority for retail establishments or locations for retail establishments shall be made separately for each retail establishment or location for a retail establishment, and sealed bids shall be asked separately on each retail establishment or each location for a retail establishment by public offering, duly advertised as provided by law for the advertising for bids on state highway construction projects, and each such contract shall be let by the authority in like manner as provided by law for the letting of highway construction contracts by the secretary of transportation. Such tolls shall be so fixed and adjusted in respect of the aggregate of tolls from the turnpike project or projects in connection with which the bonds of any issue shall have been issued hereunder as to provide a fund sufficient with other revenues, if any, and any payments to the authority from the state highway fund provided to be made pursuant to the provisions of K.S.A. 68-2033, and pledged for the payment of such bonds, to pay (a) the cost of maintaining, repairing and operating such turnpike project or projects; (b) the principal of and the interest on such bonds as the same shall become due and payable, and to create reserves for such purposes; and (c) the costs of reimbursing the secretary of transportation for the credit of the state highway fund any amounts previously paid to the authority by the secretary. Such tolls shall not be subject to supervision or regulation by any other commission, board, bureau or agency of the state.
The tolls and all other revenues derived from the turnpike project or projects in connection with which the bonds of any issue shall have been issued, except such part thereof as may be necessary to pay such cost of maintenance, repair and operation, to provide reserves therefor, and to reimburse the secretary of transportation for the credit of the state highway fund any amounts previously paid to the authority by the secretary, as may be provided for in the resolution authorizing the issuance of such bonds or in the trust agreement securing the same or in any contract or agreement between the secretary and the authority, shall be set aside at such regular intervals as may be provided in such resolution or such trust agreement in a sinking fund which is hereby pledged to, and charged with, the payment of the principal of and the interest on such bonds as the same shall become due, and the redemption price or the purchase price of bonds retired by call or purchase as therein provided. Such pledge shall be valid and binding from the time when the pledge is made; the tolls or other revenues or other moneys so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contracts or otherwise against the authority, irrespective of whether such parties have notice thereof.
Neither the resolution nor any trust agreement or other instrument by which a pledge is created need be filed or recorded except in the records of the authority. The use and disposition of moneys to the credit of such sinking fund shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of such trust agreement. Except as may otherwise be provided in such resolution or such trust agreement, such sinking fund shall be a fund for all such bonds without distinction or priority of one over another.
History: L. 1957, ch. 368, § 8; L. 1975, ch. 427, § 183; Aug. 15.
Such trust agreement or resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property and the construction, improvement, maintenance, repair, operation and insurance of the turnpike project or projects in connection with which such bonds shall have been authorized, the rates of toll to be charged, and the custody, safeguarding and application of all moneys. It shall be lawful for any bank or trust company incorporated under the laws of the state which may act as depository of the proceeds of bonds or of revenues or other moneys received by the authority to furnish such indemnifying bonds or to pledge such securities as may be required by the authority. Any such trust agreement may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action by bondholders.
In addition to the foregoing, any such trust agreement or resolution may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the provisions of such trust agreement of [or] resolution may be treated as a part of the cost of the operation of the turnpike project or projects.
History: L. 1957, ch. 368, § 9; April 26.
History: L. 1957, ch. 368, § 10; April 26.
History: L. 1957, ch. 368, § 11; April 26.
History: L. 1957, ch. 368, § 12; L. 1975, ch. 495, § 15; July 1.
History: L. 1957, ch. 368, § 13; April 26.
All private property damaged or destroyed in laying out and constructing said turnpike project shall be restored or repaired and placed in its original condition as nearly as practicable or adequate compensation made therefor out of funds provided under the authority of this act.
All counties, cities, townships and other political subdivisions and all public agencies and commissions of the state, notwithstanding any contrary provision of law, are hereby authorized and empowered to lease, lend, grant or convey to the authority at its request upon such terms and conditions as the proper authorities of such counties, cities, townships, political subdivisions, agencies or commissions of the state may deem reasonable and fair and without the necessity for any advertisement, order of court or other action or formality, other than the regular and formal action of the authorities concerned, any real property which may be necessary or convenient to the effectuation of the authorized purposes of the authority, including public roads and other real property already devoted to public use.
On or before the thirtieth day of January in each year the authority shall make an annual report of its activities for the preceding calendar year to the governor. Each such report shall set forth a complete operating and financial statement covering its operations during the year. The authority shall cause an audit of its books and accounts to be made at least once in each year by certified public accountants and the cost thereof may be treated as a part of the cost of construction or operation of the project.
Any member, agent or employee of the authority who contracts with the authority or is interested, either directly or indirectly, in any contract with the authority or in the sale of any property, either real or personal, to the authority shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one (1) year, or both.
History: L. 1957, ch. 368, § 14; April 26.
The authority is further authorized to provide by resolution, at any time, for the issuance of its turnpike refunding revenue bonds for the combined purpose of refunding any bonds then outstanding which have been issued under the provisions of this act, or the act of which this section is amendatory, including any previously issued turnpike refunding revenue bonds, and refunding any bonds then outstanding which have been issued under the provisions of K.S.A. 68-2001 to 68-2020, inclusive, and amendments thereto.
The principal amount of any issue of such refunding revenue bonds shall not exceed the aggregate amount of: (a) The principal amount of the revenue bonds being refunded; (b) the amount of any interest which has accrued, and interest that will accrue to the date of payment, on the bonds being refunded; (c) interest that will accrue to the date of payment on such refunding bonds; (d) the amount of any premiums required to be paid should the bonds being refunded be called for redemption and payment; (e) expenses of the authority which the authority deems necessary for the issuance of the refunding bonds; (f) expenses incident to the payment of the bonds being refunded; and (g) the cost of constructing improvements, replacements, extensions or enlargements authorized by this act, or providing reserves therefor and the cost of paying to Sedgwick, Sumner, Butler and Douglas counties an amount equal to the principal, interest and incidental expenses of any bonds issued by such counties to construct the turnpike interchanges. The issuance of such bonds, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of the authority in respect of the same, shall be governed by the provisions of this act and the act of which this section is amendatory insofar as the same may be applicable.
Pending the application of the proceeds of such turnpike revenue refunding bonds, with any other available funds, to the payment of the principal, accrued interest and premium of the bonds being refunded and, if so provided or permitted in the resolution authorizing the issuance of such turnpike revenue refunding bonds or in the trust agreement securing the same, to the payment of any interest on such refunding bonds, the authority may invest such proceeds in direct obligations of, or obligations the principal of and the interest on which are unconditionally guaranteed by, the United States of America which shall mature, or which shall be subject to redemption by the holder thereof at the option of such holder, not later than the respective dates when the proceeds, together with the interest accruing thereon, will be required for the purposes intended. The trust agreement securing the refunding revenue bonds may also permit release to a reserve for improvements, replacements, extensions and enlargements, of any funds so held in trust for payment of principal and interest on the bonds being refunded when, and to the extent that, other funds from revenues or otherwise become available for the payment of such principal and interest on the bonds being refunded.
History: L. 1957, ch. 368, § 15; L. 1963, ch. 340, § 2; L. 1978, ch. 275, § 3; L. 1982, ch. 280, § 2; July 1.
The secretary of transportation, when such project becomes a part of the state highway system, shall have the same power as vested in the authority by K.S.A. 68-2037, to fix, revise, charge and collect tolls for the use of such turnpike project and to contract for the use of any part thereof and to fix the terms, conditions, rents and rates of charges for such use; and such tolls, rents and rates of charges shall be sufficient to provide enough revenue to maintain, repair, operate, regulate and police such turnpike and to reimburse the secretary of transportation, for the credit of the state highway fund, any amounts previously paid to the authority by the secretary pursuant to the provisions of K.S.A. 68-2033, and not theretofore reimbursed to the secretary.
History: L. 1957, ch. 368, § 16; L. 1975, ch. 427, § 184; Aug. 15.
History: L. 1957, ch. 368, § 17; L. 1975, ch. 427, § 185; Aug. 15.
History: L. 1957, ch. 368, § 18; April 26.
History: L. 1957, ch. 368, § 19; April 26.
(b) Any two or more counties authorized to contract under subsection (a) may contract with each other, or with each other and the Kansas turnpike authority as authorized in subsection (a) in one contract for more than one interchange or in separate contracts for each interchange. Before any such contract is signed by the chairperson of the board of county commissioners of any such county, such board shall adopt a resolution authorizing such contract to be so signed.
(c) Before the issuance of bonds by any such county, the board of county commissioners shall cause to be published once in a paper of general circulation in the county, a copy of the resolution authorizing the signing of any contract made under this section which shall state that unless protest petitions, signed by registered voters equal in number to 5% of the votes cast in the county for the office of secretary of state at the most recent election for such office, are filed with the county election officer within 90 days after the publication of the resolution, the board of county commissioners will issue general obligation bonds sufficient to pay the amount due from the county under such contract.
If within such 90 days, such protest petitions are filed with sufficient signers, the board of county commissioners may within 60 days thereafter call a special election at which the question of issuing the bonds shall be submitted to the electors of the county.
If the majority of voters voting at such an election vote in favor of issuance of such bonds or if there are no protest petitions signed by a sufficient number of signers and filed with the county election officer within such 90 days, the board of county commissioners may proceed to issue and sell such bonds in accordance with the general bond law.
History: L. 1982, ch. 280, § 3; L. 1987, ch. 262, § 1; L. 1989, ch. 210, § 1; July 1.
History: L. 1982, ch. 280, § 4; L. 1987, ch. 262, § 2; May 21.
(b) The provisions of subsection (a) shall not apply in the event Sedgwick county and the Kansas turnpike authority contract to construct an interchange on the Kansas turnpike in the general vicinity of the turnpike intersection with 71st street near Haysville. Sedgwick county may negotiate with the Kansas turnpike authority to pay to Sedgwick county the cost Sedgwick county incurred under this act for bond principal and interest and costs incidental thereto for the construction of such interchange.
(c) The provisions of subsection (a) shall not apply in the event Sedgwick county and the Kansas turnpike authority contract to construct an interchange on the Kansas turnpike in the general vicinity of the turnpike intersection with highway K-96. Sedgwick county may negotiate with the Kansas turnpike authority to pay to Sedgwick county the cost Sedgwick county incurred under this act for bond principal and interest and costs incidental thereto for the construction of such interchange.
History: L. 1982, ch. 280, § 5; L. 1987, ch. 262, § 3; L. 1989, ch. 210, § 2; July 1.
History: L. 1957, ch. 368, § 20; L. 1961, ch. 308, § 1; Repealed, L. 1974, ch. 274, § 4; March 21.
History: L. 1965, ch. 397, § 2; Repealed, L. 1967, ch. 356, § 20; July 1.
(a) The word "authority" shall mean the Kansas turnpike authority duly created by K.S.A. 68-2003, or, if said authority shall be abolished, the board, body or commission succeeding to the principal functions thereof or to whom the powers given by this act to the authority shall be given by law.
(b) The word "project" or the words "turnpike project" shall mean the modern express highway or any part or parts thereof constructed under the provisions of this act by the authority, including all bridges, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, toll houses, service stations, and administration, storage and other buildings and facilities which the authority may deem necessary for the operation of the project, together with all property, rights, easements, and interests which may be acquired by the authority for the construction or the operation of the project.
(c) The word "cost" as applied to the turnpike project shall embrace the cost of construction, the cost of the acquisition of all land, rights-of-way, property, rights, easements and interests acquired by the authority for such construction, and the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which such buildings or structures may be moved, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and, if deemed advisable by the authority, for a period of not exceeding two (2) years after completion of construction, the funding of a debt service reserve, cost of traffic estimates and of engineering and legal services, plans, specifications, surveys, estimates of costs and of revenues, other expenses necessary or incident to determining the feasibility or practicability of constructing the project, administrative expense, and such other expenses as may be necessary or incident to the construction of the project, the financing of such construction and the placing of the project in operation. The word "cost" may also include not in excess of forty thousand dollars ($40,000) to be used by the authority for paying fees and expenses of engineers for making traffic studies, surveys and estimates of cost and of revenues, legal fees and expenses and other expenses necessary or incident to determining the feasibility or practicability of constructing the project: Provided, That in the event revenue bonds are issued as provided for in this act all or any part of such forty thousand dollars ($40,000) shall be reimbursed to the state highway fund for any expenses paid from said fund for the purposes specified in K.S.A. 68-2067. Any obligation or expense hereafter incurred by the secretary of transportation with the approval of the authority for traffic surveys, borings, preparation of plans and specifications, and other engineering services in connection with the construction of the project shall be regarded as a part of the cost of the project and shall be reimbursed to the secretary out of the proceeds of the turnpike revenue bonds hereinafter authorized.
(d) The words "public highways" shall include all public highways, roads and streets in the state, whether maintained by the state or by any county, city, township or other political subdivision.
(e) The word "bonds" or the words "turnpike revenue bonds" shall mean the revenue bonds of the authority authorized under the provisions of this act.
(f) The word "owner" shall include all individuals, co-partnerships, associations or corporations having any title or interest in any property, rights, easements or interests authorized to be acquired by this act.
History: L. 1967, ch. 356, § 1; L. 1975, ch. 427, § 186; Aug. 15.
History: L. 1967, ch. 356, § 2; July 1.
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