32-861. Same; default on payment; remedies. It may be provided in any resolution authorizing bonds under K.S.A. 32-857 through 32-864 that, in the event of a default in the payment of principal of or interest on the bonds or in the performance of any agreement or covenant contained in the resolution, and if such default continues for a prescribed period, the holders of a specified percentage of the outstanding bonds, or a trustee acting in their behalf, for the equal and proportionate benefit of the holders of all the bonds and with or without possession thereof may:
(a) By mandamus or other suit, action or proceeding at law or in equity, enforce all rights of the holders of such bonds;
(b) bring suit upon the defaulted bonds and interest thereon;
(c) by action or suit in equity require the secretary to act as if the secretary were the trustee or an express trust for the bondholders;
(d) by action or suit in equity enjoin any acts which may be unlawful or in violation of the rights of the holders of the bonds;
(e) after such notice to the secretary as the resolution may provide, declare the principal of all of the bonds due and payable; and
(f) apply as a matter of right for the appointment of a receiver who may enter and take possession of the specific project of the department and operate and maintain the same and fix, collect and receive fees and charges for the use thereof and services rendered thereby, sufficient to provide revenues adequate to carry out all of the provisions of the bond resolution and the costs and disbursements of the proceeding and of the receiver.
Subject to the provisions of the constitution of the state of Kansas, the district court of the county in which any of the real estate controlled and operated by the department is located shall have jurisdiction of any suit, action or proceeding provided for by this section and of all property involved therein.
History: L. 1955, ch. 355, § 21; L. 1963, ch. 409, § 10; L. 1983, ch. 49, § 95; L. 1989, ch. 118, § 28; July 1.
Structure Kansas Statutes
Chapter 32 - Wildlife, Parks And Recreation
Article 8 - Department Of Wildlife, Parks And Tourism
32-801 Establishment of department; secretary; application of K-GOAL.
32-802 Assistant secretaries; employees; offices; wildtrust program.
32-803 Department and secretary continuation of fish and game commission.
32-804 Department and secretary continuation of park and resources authority.
32-808 Conservation officers and employees; training requirements; powers and authority.
32-809 State agricultural production fund.
32-811 Same; assistant secretaries.
32-812 Division of tourism; director; administration.
32-817 Rights saved in legal actions and proceedings.
32-818 Transfer of officers and employees; rights and benefits preserved.
32-824 Federal assistance for land and water conservation; department official agency.
32-825 Same; powers of department.
32-827 Federal assistance for development of natural resources; department official agency.
32-828 Assent to wildlife restoration act; use of fees.
32-829 Assent to fish restoration and management projects act; use of fees.
32-830 Local governments; conveyances to department.
32-831 Cooperation with state and local agencies.
32-832 Cooperation with citizen-support organizations.
32-833 Authority to purchase land; conditions and limitations.
32-834 Purchase of land in Jefferson county, Kansas.
32-835 Purchase of land in Cherokee county.
32-836 Purchase of land in Pottawatomie county.
32-838 Eisenhower state park; name.
32-838a Cross Timbers state park; name.
32-838b Kaw River state park; name.
32-839 Steve Lloyd wetlands designated.
32-841 Donated lands; remission of taxes.
32-842 Acquisition of land under fish and wildlife coordination act; notice and hearing.
32-843 Same; legislative approval.
32-844 Real estate transactions proposed or entered into; report to legislature.
32-845 Contracts with federal agencies; legislative approval, when.
32-846 Approval of agreement and lease for Milford Lake wetlands.
32-847 Flint Hills advisory council; organization; duties.
32-850 Mineral leases; authorization.
32-852 Same; liability for damages.
32-853 Same; restriction as to uses or occupancy.
32-854 Same; disposition of proceeds.
32-857 Revenue bonds; authority to issue.
32-858 Same; disposition of proceeds.
32-859 Same; form; validity; negotiability; replacement.
32-860 Same; pledge of revenues.
32-861 Same; default on payment; remedies.
32-864 Same; refunding revenue bonds authorized.
32-867 Resort bonds; definitions.
32-869 Same; amount of bonds authorized; payment.
32-870 Same; zoning regulations subject to secretary's approval.
32-872 Same; acquisition of site; construction and operation of resort.
32-873 Same; legislative approval of site and amount of bonds.
32-874 Lake resorts; feasibility study.
32-874b Same; negotiations with lake resort communities.
32-874c Same; negotiations with federal agencies.
32-874d Same; requests for proposals; advertisement; negotiations with developers.
32-874e Same; joint report to legislature.
32-876 Hatchery bonds; definitions.
32-877 Same; hatchery stamps to pay bonds; disposition of excess revenues.
32-878 Same; bonds authorized; pledge of revenues; covenants and agreements.
32-879 Same; bonds not state indebtedness; contracts binding.
32-880 Same; refunding revenue bonds authorized.
32-881 Same; disposition of bond proceeds.
32-884 Same; authority and powers conferred by act.
32-885 Same; notice of intent to issue; actions to contest validity limited.
32-886 Family oriented lodging sites in state parks.
32-887 Same; leases for improvement and development.
32-888 Same; proposals for bids; advertisement thereof; negotiations.
32-889 Same; property tax exemption; payments in lieu of taxes; disposition.