12-6007. Same; powers and duties of authority; distribution of sales tax revenue.

643 words·~3 min read·/ks/chapter-12/12-6007

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The Gage park improvement authority shall have the following powers and duties:

(A)To receive, hold, administer, distribute and expend the proceeds from the countywide sales tax imposed pursuant to this act and any other moneys obtained by the authority; to acquire, construct, improve, operate, equip, support, maintain and develop eligible recreational facilities within Gage park; and to distribute sales tax revenues to such eligible recreational facilities for such purposes, as provided by subparagraph (B);

(B)sales tax revenue received by the Gage park improvement authority from the first 0.2% of the rate levied shall be allocated and distributed by the authority as follows:

(i)22% shall be distributed to Shawnee county to be used for the benefit of Gage Park as provided by this act;

(ii)58% shall be distributed to the Topeka zoo and shall be directed to any nonprofit operator of the Topeka zoo;

(iii)15% shall be distributed to the Kansas children's discovery center and shall be directed to any nonprofit operator of the Kansas children's discovery center; and

(iv)5% shall be allocated and distributed in the discretion of the Gage park improvement authority for any of the following purposes:

(a)The acquisition, construction, improvement, equipment, operation, support, maintenance and development of the eligible recreational facilities;

(b)community enrichment and outreach for the benefit of the eligible recreational facilities;

(c)children's educational programming for the eligible recreational facilities;

(d)other items of public benefit and interest connected to Gage park; and

(e)actual and necessary expenses of the members of the authority in carrying out their official duties and reasonable administrative expenses; and

(C)the sales tax revenue received by the Gage park improvement authority from the portion of a rate that exceeds the rate of 0.2% shall be allocated as determined by the Gage park improvement authority for any of the following purposes:

(i)The acquisition, construction, improvement, equipment, operation, support, maintenance and development of the eligible recreational facilities;

(ii)community enrichment and outreach for the benefit of the eligible recreational facilities;

(iii)children's educational programming for the eligible recreational facilities;

(iv)other items of public benefit and interest connected to Gage park; and

(v)actual and necessary expenses of the members of the authority in carrying out their official duties and reasonable administrative expenses;

(2)to sue and be sued and to prosecute and defend any action in any court of competent jurisdiction;

(3)to enter into contracts to carry out the purposes of the authority and contracts or other instruments as necessary or convenient in the exercise of any of the powers of the authority;

(4)to receive for any authorized purposes and functions any contributions or moneys appropriated by Shawnee county or the city of Topeka and solicit and receive any donations or grants of money, equipment, supplies, materials and services from any state, the United States or any agency thereof or from any institution, foundation, organization, person, firm or corporation and utilize and dispose of such moneys, donations and grants in the discretion of the authority for the same purposes as provided by this act for the Gage park authority sales tax; and

(5)to adopt, amend and repeal bylaws and rules consistent with this act governing the manner that the powers and purposes of the authority shall be carried out and effected.

(b)The authority shall have the power to perform all other necessary and incidental functions and duties and to exercise all other necessary and appropriate powers consistent with the constitution or laws of this state to effectuate its purposes and duties as provided by this act.

(c)The authority shall be subject to dissolution in the same manner as the dissolution of a special district in accordance with K.S.A. 12-3921 through 12-3923 , and amendments thereto.