68-1608. Same; contracts and obligations; liability of state; tolls.
68-1608
68-1608. Same; contracts and obligations; liability of state; tolls. The secretary of transportation of Kansas is hereby vested withauthority to join with the state highway commission or a suitable publicbody of any such other state in the execution of contracts with the ownerof any toll bridge which may now or hereafter be constructed across anysuch river from a point in Kansas to a point in any such other state, andwith the holder of any bonds issued in connection with the construction ofsuch bridge, and with anyone else, by the terms of which contracts thesecretary and such state highway commission or suitable public body of anysuch other state shall maintain, operate and insure such bridge, and fixand collect and apply tolls thereon, and shall construct and maintain andoperate as free state highways approaches thereto, and shall make and treatas part of the highway system of their respective states such entire bridgeand any part of such approaches lying within their respective states:Provided, That as between such secretary and commission or otherpublic bodies of the respective states, their obligations under suchcontracts shall be at their joint expense, but that as between them and theholders of bonds above referred to or other third parties, the obligationsof such secretary and commission or other public bodies may be joint andseveral: Provided further, That such holders of bonds or other thirdparties may enforce all obligations of such secretary and commission orpublic bodies under such contracts by mandamus or other suit in law orequity to require such secretary and commission or public bodies to carryout such obligations, or by action or suit in equity to require suchsecretary and commission or public bodies to account as if they weretrustees of an express trust for such holders of bonds or other thirdparties: And provided further, That the state of Kansas pledges thatthe powers of the secretary of transportation of Kansas will not, while anybonds of the kind above referred to are outstanding, be altered in such away that the rights and remedies of the holders of such bonds in any way beimpaired: And provided further, That the authority hereby vested toenter into such contracts or agreements shall exist only in cases where thetolls received from the operation of such bridge, after the execution ofsuch contracts or agreements, shall be used solely for the retirement ofthe costs of construction of such bridge, with interest thereon, includingbonds issued for that purpose, if any, and where the owner of such bridgeby proper legal action has agreed to transfer or has transferred the titleto and ownership of such bridge, free of cost, to the state of Kansas andsuch other state, subject to, but not in assumption of, any encumbrance, orany part thereof, then existing against any such bridge: Providedfurther, That the owner of such bridge shall furnish to the saidsecretary of transportation or other proper authorities so entering intosuch contract or agreement a verified statement of the cost of constructionof such bridge, together with a verified statement of the sums remainingunpaid at the time of the execution of such contracts or agreements,including a statement of the terms upon which the balance of the cost ofthe construction remaining unpaid, with interest, including bonds issuedfor that purpose, if any, is to be paid: And provided further, Thattolls shall be charged for the use of such bridge only until such time asthe cost of the construction thereof, with interest, including bonds issuedfor that purpose, if any, shall have been fully paid; after which suchbridge shall become a free bridge.
History: L. 1933, ch. 248, § 2; L. 1975, ch. 427,§ 160; Aug. 15.