Brief(1)
This bill would allow for amendment of a cooperative agreement creating a joint port authority by the governing bodies of the cities and counties which executed such an agreement. Under H.B. 2320, legislative approval would not be necessary for the amendment to take effect.
Background
A public hearing on H.B. 2320 was held by the House Committee. Proponents of the bill included Representative Wilk, the bill sponsor, and a representative of the Leavenworth Area Development Corporation. Conferees testified that several cities in Leavenworth County wish to become affiliated with the Leavenworth County Port Authority which was originally established by a joint agreement between the City of Leavenworth and Leavenworth County in 1969.
Port authorities are created by the passage of an ordinance or resolution of the city or county or both. The intent of port authorities is to promote general welfare, economic development, and prosperity by promoting intrastate and interstate commerce in Kansas. Port authorities may purchase, acquire, construct, reconstruct, improve, equip, furnish, maintain, repair, enlarge, remodel, own, sell, lease, or operate various types of water-port facilities, airport facilities, terminal facilities, land transportation facilities, railroad facilities, or industrial-use facilities. An authority may among other powers: borrow money and mortgage, pledge, or otherwise encumber assets; purchase, sell, or lease real estate or personal property; and exercise the right of eminent domain if approved by a two-thirds vote of the governing body. In addition, port authorities may levy ad valorem property taxes; they also may issue bonds if approved by the governing bodies that comprise the authorities.
Once a port authority has been duly established, it may be dissolved by the city or county or both. Under H.B. 2320, local government would also be able to amend these cooperative agreements without having to go through the legislative process.
The Division of the Budget reports that H.B. 2320 would have no fiscal impact.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html.