3-113. Municipal airfields and airports; safety zones; issuance of bonds following election; tax levy, use of proceeds. Whenever in the opinion of the governing body in any city in the state of Kansas, the public safety, service and welfare can be advanced thereby, such governing body of such city may acquire within or without the city limits, by purchase, lease, or otherwise, and equip, improve, operate, maintain and regulate a municipal airport or a municipal field for aviation purposes, and in order to provide aerial safety zones for the landing and taking off of aircraft utilizing such airport or field, may acquire by purchase, lease or otherwise, such servitudes or easements over surrounding lands as are necessary to provide safe and unobstructed approaches thereto, the expense thereof to be paid out of the general funds of the city or out of funds raised by the tax levy hereinafter authorized. Such airport or field may be used for the service of all aircraft and pilots desiring to use the same, subject, however, to such regulations not in conflict with state laws as may be imposed by ordinance of the city controlling the municipal airport or field.
For the purpose of purchase, lease, development and equipping municipal airports and fields for aviation purposes, and all things incidental thereto, the governing body of any city may issue bonds after an election as provided by law, or for the purpose of purchasing, leasing, equipping, improving, operating, maintaining and regulating the same may levy an annual tax upon all taxable tangible property in the city for such purposes and to pay a portion of the principal and interest on bonds issued by such city under the authority of K.S.A. 12-1774, and amendments thereto. In time of war the governing body of any city having a population of more than twenty-five thousand (25,000) and less than sixty thousand (60,000) shall have the power to issue bonds without an election for the purpose of cooperating with the federal government or any of its agencies for the enlargement or improvement of its airport.
History: L. 1929, ch. 5, § 1; L. 1939, ch. 4, § 1; L. 1941, ch. 9, § 1; L. 1943, ch. 6, § 1; L. 1968, ch. 312, § 1; L. 1970, ch. 69, § 2; L. 1975, ch. 494, § 2; L. 1979, ch. 52, § 25; July 1.
Source or prior law:
3-110.
Cross References to Related Sections:
Joint ownership, see 3-119a et seq.
Attorney General's Opinions:
Municipal airports; lease of property; limitations. 81-28.
Municipal airfields and airports; issuance of bonds following election. 85-46.
CASE ANNOTATIONS
1. Public purpose of act considered and upheld. Flying Service Corp. v. City of Concordia, 131 Kan. 247, 251, 289 P. 955.
2. Contract between city and landowner construed; city's liability limited. Hutchinson Municipal Airport Cases, 161 Kan. 502, 503, 169 P.2d 615.
3. Right to vacate city streets under authority herein granted mentioned. City of Hutchinson v. Wagoner, 163 Kan. 736, 740, 186 P.2d 243.
4. Section does not grant immunity from tort liability. Wendler v. City of Great Bend, 181 Kan. 753, 754, 765, 766, 316 P.2d 265.
5. Property condemned hereunder held not abandoned by city. Christman v. City of Wichita, Kan., 209 F.2d 639, 640.
6. Cited in determining tax exempt status of municipally owned airport pursuant to K.S.A. 13-1406. Board of Park Commissioners v. Board of County Commissioners, 206 Kan. 438, 439, 441, 480 P.2d 81.
7. Act cited in determining city ordinances to implement issuance of industrial revenue bonds administrative; not subject to K.S.A. 12-3013. Rauh v. City of Hutchinson, 223 Kan. 514, 521, 575 P.2d 517.
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