The AI workspace for legal professionals
- Legal research with access to more than 1 million sources
- Document automation
- Matter management
- Hosted in the EU and Switzerland
Try it free for 14 days (10 questions/day during trial)
The AI workspace for legal professionals
Try it free for 14 days (10 questions/day during trial)
chapter-80•Chapter 80 — Townships and Township Officers
Unofficial online text published by the Kansas Office of Revisor of Statutes; the printed volumes of the Kansas Statutes Annotated are the authoritative version. Current through the 2025 session laws.
Each organized township in this state shall be a body politic and corporate, and in its proper name sue and be sued, and may appoint all necessary agents and attorneys in that behalf, purchase and hold real and personal property for the use of the township, sell, convey and dispose of real and personal property owned by the township, and may make all contracts that may be necessary and convenient for the exercise of its corporate powers.
History: G.S. 1868, ch. 110, § 1; R.S. 1923, 80-101; L. 2008, ch. 19, § 1; July 1.
Whenever any township which has no indebtedness, but which has money, either in its treasury or in course of collection, not required for the payment of current expenses, shall be divided, or any part of it attached to another township, there shall be a division of such money between the old township and the new one, or the township to which any portion of the old township shall be attached, in proportion to the taxable property remaining, and that detached.
History: L. 1873, ch. 154, § 1; March 20; R.S. 1923, 80-102.
History: L. 1873, ch. 154, § 2; R.S. 1923, 80-103; Repealed, L. 1951, ch. 510, § 1; June 30.
(a) In addition to all other powers, the township board of each township shall have power to acquire land for the township, and to build thereon permanent buildings, or to purchase school building or grounds or both the building and grounds the same to be used for public purposes, such as meetings relating to township business, political gatherings, township fairs, entertainments, whether for free use or for hire and profit, at which an admission price may be charged, and such other meetings as may be authorized by the township board. The board may join with any corporation, association, society or lodge in the construction or purchase of such building, upon such terms and conditions as may be agreed upon by the board and corporation, association, society or lodge. If such building is so constructed or purchased it shall be for the joint use of the township and the corporation, association, society or lodge joining in the construction or purchase thereof upon such terms and conditions as are mutually agreed upon. Except as provided by subsection (b), the board shall not acquire any land or erect buildings thereon or purchase such schoolhouse or appropriate any of the moneys of the township or levy any tax therefor without first submitting the question to a vote of the electors of the township. Such election shall be governed by and the returns thereof made in accordance with the laws governing the election of township officers. Funds authorized by such election may be used in the joint construction or purchase of a building as herein provided.
(b) The township board may acquire, either by purchase or by lease, not to exceed 10 acres of land for the township. The cost of such land may be paid out of the general fund of the township or from the general road fund of the township, or from either or both of the funds.
The township board may accept land in the form of a gift, donation or devise without first submitting the question to a vote of the electors of the county.
(c) Whenever any township is authorized by virtue of an election to construct or purchase township buildings, general obligation bonds may be issued for such purpose in accordance with the provisions of the general bond law.
History: L. 1899, ch. 278, § 1; L. 1909, ch. 259, § 1; L. 1917, ch. 329, § 1; L. 1920, ch. 69, § 1; R.S. 1923, 80-104; L. 1929, ch. 296, § 1; L. 1945, ch. 377, § 1; L. 1947, ch. 477, § 1; L. 1979, ch. 330, § 1; L. 2001, ch. 147, § 1; L. 2004, ch. 166, § 2; July 1.
Whenever a petition is presented to said township officers signed by one-third of the electors of said township requesting them to submit the question to a vote as to whether or not there shall be erected or purchased in said township township buildings, in accordance with the provisions of this act, it shall be the duty of said township officers to call an election for said purpose and submit such proposition at the next general election, or at a special election if a general election will not occur within six months of the date of the presentation of the petition to said township officers, and give thirty days' notice thereof by posting five written or printed notices in as many public places thereof in said township, or, if the board deems it advisable, by publication in some paper in general circulation in said township. If a majority of the votes cast be in favor of the erection or purchase of township buildings, then it shall be the duty of said township officers to at once procure the land and cause said buildings to be erected, or to purchase said building as the case may be, at a cost not to exceed the amount specified in the call for said township election, and in the manner and under the restrictions that in the judgment of said board will procure the best buildings for the money expended.
History: L. 1899, ch. 278, § 2; L. 1909, ch. 259, § 2; R.S. 1923, 80-105; L. 1947, ch. 477, § 2; June 30.
History: L. 1899, ch. 278, § 3; L. 1911, ch. 332, § 1; L. 1917, ch. 329, § 2; L. 1920, ch. 69, § 2; R.S. 1923, 80-106; L. 1947, ch. 477, § 3; L. 1970, ch. 64, § 91; Repealed, L. 1978, ch. 99, § 42; April 25.
In any two or more adjoining townships in the same county, otherwise entitled to come within the provisions of this act, the township trustee, clerk and treasurer of such adjoining townships are authorized to submit to a vote of the electors of such townships the question of the erection of a joint township hall for the joint benefit and use of said two or more adjoining townships: Provided, That in no event shall the total cost of said joint building and lands exceed $30,000.
History: L. 1920, ch. 69, § 3; March 22; R.S. 1923, 80-107.
Whenever two or more township boards authorized by virtue of an election held in such townships in the state of Kansas, as provided in K.S.A. 80-107, to erect a joint township hall, the township boards of such townships are hereby authorized and empowered for and on behalf of such townships to issue negotiable joint bonds of such townships in a sum not to exceed $30,000, for the purpose of raising a fund to pay for a site and the erection and construction of such joint township hall and such bonds and the proceedings concerning the execution and issuance thereof shall be as provided by law.
History: L. 1920, ch. 69, § 4; March 22; R.S. 1923, 80-108.
(a) No real property belonging to any township shall be sold or disposed of without a unanimous vote of the township board and public notice of such sale or disposition containing the time, place and conditions thereof having been given at least once each week for three consecutive weeks prior thereto in a newspaper of general circulation in the township. Such sale shall be made to the highest bidder except that the board shall have the right to reject any or all bids. If, within 45 days after the first publication of such notice a petition signed by not less than 2% of the qualified electors of the township is filed with the county election officer, such real property shall not be sold or disposed of unless the proposition of sale or disposition of such property is submitted to a vote of the electors of the township at a question submitted election called therefor. The election shall be called, noticed and held in the manner provided by K.S.A. 10-120, and amendments thereto. If a majority of the votes cast at any such election authorizes any sale or disposition, such sale or disposition shall be made upon the notice hereinbefore prescribed by publication, to the highest bidder, except that the township board shall have the right to reject any or all bids.
(b) No personal property with a value of $1,000 or more belonging to any township shall be sold or disposed of without approval of the township board. Public notice of the sale or disposition of the personal property containing the time, place and conditions of the sale shall be published at least once in a newspaper of general circulation in the township. The sale shall be by competitive bid and shall be awarded to the highest and best bidder. The board may reject any or all bids and may resubmit the personal property for new competitive bid procedures.
(c) In lieu of procedures for the sale of personal property established in subsection (b), a township board may adopt a resolution establishing an alternate methodology for disposal of personal property. Such alternate methodology for the disposal of personal property shall contain procedures for:
(1) Public notice of the sale or disposition;
(2) a description of the property to be sold;
(3) the method of sale, including, but not limited to, fixed price, negotiated bid, sealed bid, public auction or auctions or any other method of sale that allows public participation.
(d) The provisions of this section shall not apply to or restrict the conveyance of real property by any township to the state of Kansas, the title to which was previously conveyed to such township by the state of Kansas.
History: L. 1909, ch. 258, § 1; R.S. 1923, 80-109; L. 1994, ch. 232, § 1; L. 2008, ch. 19, § 2; July 1.
The township board, by a majority vote at any regular meeting of said board or at a special meeting called for that purpose, may submit a proposition to sell any such land at a general or special election: Provided, That such question shall be submitted not less than ten days before the day of such election, and notice thereof shall be given by not less than five printed or written notices posted in five public places in said township at least ten days before the date fixed for such election.
History: L. 1909, ch. 258, § 2; March 30; R.S. 1923, 80-110.
The township board is authorized and directed to make and execute proper deeds for such land as herein mentioned.
History: L. 1909, ch. 258, § 3; March 30; R.S. 1923, 80-111.
Any township owning real property which is located in a city of the first, second or third class, is hereby authorized without a vote of the people, to dispose of such property, or any township located in a county having a population of less than two thousand five hundred (2,500) and an assessed tangible valuation of less than eleven million dollars ($11,000,000) and owning a township hall which was converted from a schoolhouse to such purposes, is hereby authorized without a vote of the people to dispose of such township hall and the site on which it is located if owned by said township, at public sale, upon thirty (30) days' notice in the official county paper, for cash, at the best price obtainable therefor, and to use the proceeds of such sale for the construction or repair of other township property in such township, or if not used for such purpose within one (1) year from the date of such sale, then such money arising from such sale shall become a part of the general fund of the township: Provided, That if the real property was purchased, or improvements purchased or constructed, by using moneys from some fund other than the general fund of the township, then the proceeds of the sale shall be used for the purchase of real property or for the construction or repair of similar facilities, or if not used for such purpose within one (1) year, then the money arising from such sale shall become a part of the particular township fund from which moneys were originally expended for such real property or improvements.
History: L. 1927, ch. 339, § 1; L. 1929, ch. 297, § 1; L. 1957, ch. 520, § 1; L. 1961, ch. 462, § 1; June 30.
(a) For the purpose of obtaining funds for the reconstruction, repair and equipment of township buildings, a township board may issue general obligation bonds as follows:
(1) For any township with a population of not more than 5,000, the township board is authorized to issue general obligation bonds in an amount not to exceed 1% of the assessed tangible valuation of such township;
(2) for any township with a population of more than 5,000 but not more than 10,000, the township board is authorized to issue general obligation bonds in an amount not to exceed 5% of the assessed tangible valuation of such township; and
(3) for any township with a population of more than 10,000, the township board is authorized to issue general obligation bonds in an amount not to exceed 10% of the assessed tangible valuation of such township.
(c)* No township shall issue any such bonds until and after an election therefor has been held in accordance with the provisions of K.S.A. 80-104 and 80-105, and amendments thereto.
History: L. 1949, ch. 507, § 1; L. 2025, ch. 3, § 1; July 1.
The officers of any township which has a township hall which has been condemned by the state fire marshal are hereby authorized to issue bonds in an amount not to exceed six thousand dollars ($6,000) for the purpose of providing funds to repair and remodel such hall. Such bonds shall be issued as provided by law, but without an election: Provided, That before issuance of such bonds, such officers shall adopt a resolution authorizing the issuance of said bonds which shall be published once a week for three consecutive weeks in a newspaper of general circulation in such township and, if within twenty days after the date of the last publication, there is filed with the township clerk of such township a petition protesting the issuance of said bonds, signed by not less than thirty percent (30%) of the qualified electors in said township as determined by the votes cast for the candidate receiving the greatest number of votes for an elective township officer at the last preceding general election, said bonds shall not be issued until the question of their issuance shall be submitted to the vote of the qualified electors of the township at any regular election or special election called for such purpose and a majority of those voting on such question vote in favor of such issuance. Such election, if one is called, shall be governed by the provisions of the general bond law.
History: L. 1949, ch. 508, § 1; June 30.
The township board of any township which has a township hall, or which uses part of a township water department building or township fire department building as its township hall, is hereby authorized and empowered to levy an annual tax on the taxable tangible property in such township, to provide a special fund for the purpose of acquiring, repairing, equipping and maintaining such township hall.
History: L. 1951, ch. 516, § 1; L. 1953, ch. 461, § 1; L. 1957, ch. 521, § 1; L. 1969, ch. 467, § 1; L. 1970, ch. 385, § 4; L. 1986, ch. 388, § 2; L. 1999, ch. 154, § 52; May 27.
History: L. 1951, ch. 523, § 1; Repealed, L. 1963, ch. 500, § 2; June 30.
History: L. 1963, ch. 500, § 1; Repealed, L. 1968, ch. 188, § 1; July 1.
The township board of any township located in any county having a population of more than five thousand five hundred (5,500) and not more than six thousand five hundred (6,500) and a taxable tangible valuation of not more than twenty-five million dollars ($25,000,000) is hereby authorized to issue no-fund warrants of such township for the purpose of paying any judgment rendered against such township in an amount necessary for the payment thereof.
History: L. 1969, ch. 447, § 1; April 15.
Whenever no-fund warrants are issued under the authority of this act the township board shall make a tax levy or levies sufficient to pay such warrants and the interest thereon. Such warrants may mature serially at such yearly dates as to be payable by not more than five tax levies. Such warrants shall be issued, registered, redeemed and bear interest in the manner and be in the form prescribed by K.S.A. 79-2940, and amendments thereto, except they shall not bear the notation required by such section and may be issued without the approval of the state board of tax appeals.
History: L. 1969, ch. 447, § 2; L. 1999, ch. 154, § 53; L. 2008, ch. 109, § 119; L. 2014, ch. 141, § 126; July 1.
(a) The township board of any township may adopt a resolution proposing to transfer all powers, duties and functions of the township board to the board of county commissioners of the county in which such township is located. Such resolution shall be submitted to the qualified electors of the township at an election called and held thereon. Such election shall be called and held in the manner provided by the general bond law. If a majority of the voters voting thereon vote in favor thereof, all powers, duties and functions of such township board shall be transferred to the board of county commissioners of the county in which such township is located.
(b) Upon approval of the resolution by the voters, the township board shall pay over to the county treasurer of such county any and all unused money or funds or surplus funds in the hands of such township board which have been received or acquired by such township from any source. Upon receipt of the funds and moneys, the county treasurer shall credit the same to a special fund for each such township unless the board of county commissioners by a 2/3 vote of all members of the board determines that all duties and funds transferred by the township shall be assumed by the county in which case such funds shall be deposited in the county general fund.
If a special fund is created, the board of county commissioners shall expend the moneys in such special fund for the exercise of the powers, duties and functions imposed by law upon township boards in the township from which it was received. The county treasurer shall credit and transfer to such special fund of each township all tax moneys in the treasurer's hands on the date the resolution was approved by the voters which were received by the treasurer in payment of taxes levied by such township for such purposes and all such taxes thereafter collected by the treasurer. The treasurer shall credit and transfer all other moneys in the treasurer's hands on the date the resolution was approved by the voters which were received by the treasurer for the use of such township for such purposes.
(c) Upon approval of the resolution by the voters, the township board shall turn over and deliver to the board of county commissioners of such county any and all assets and property such township has acquired. Following the transfer of all assets and property to the board of county commissioners, the township board of such township shall be and is hereby abolished.
(d) Unless the board of county commissioners determines that all duties and funds of the township shall be assumed by the county as provided in subsection (b), on or before the first Monday in July of each year the board shall prepare a budget of expenditures for the exercise of the powers, duties and functions transferred to the county. The board shall itemize the expenses and amounts and the purposes therefor. Subject to the same limitations imposed by law on township boards, the board of county commissioners are hereby authorized to levy a tax upon all assessed taxable tangible property of the township sufficient to raise the amount for such expenditures. The money derived from such levy shall be deposited in the county treasury and credited to the special fund established pursuant to subsection (b).
History: L. 1998, ch. 105, § 1; L. 2008, ch. 163, § 25; July 1.
(a) The township board of Lecompton township located in Douglas county, by resolution, may request the board of county commissioners of Douglas county to acquire land by purchase or eminent domain for such township. The resolution shall describe the land which the township desires to be acquired and the purpose for which it is to be acquired. Such land shall be located in the township.
The board of county commissioners shall call and hold a hearing on such resolution. Notice of the hearing shall be published at least once each week for two consecutive weeks in a newspaper of general circulation in the township. At such hearing, any person who desires to appear and speak shall be given the opportunity to be heard.
(b) Following such hearing, the board of county commissioners may adopt a resolution of intent to acquire the land, or any portion of such land, described in the petition submitted by the township board. If the board of county commissioners determines that land other than that described in the petition is more suitable for the township purposes, the board may adopt a resolution of intent to acquire such other land for the township.
Any resolution adopted pursuant to this subsection shall be published at least once each week for two consecutive weeks in a newspaper of general circulation in the township. If within 30 days following the date of last publication, a petition signed by at least 5% of the qualified electors of the township is filed with the county election officer, no land shall be acquired pursuant to this section unless the question is submitted to and approved by a majority of the qualified electors of the township voting at an election thereon. Such election shall be called and held in the manner provided by the general bond law.
(c) If a sufficient petition is not filed or if the question has been submitted and approved at an election as provided by subsection (b), the board of county commissioners shall acquire, by purchase or eminent domain, the land described in the resolution of intent. Upon acquisition of such land, the board of county commissioners shall convey title thereto to the township. The township shall reimburse the county for all expenses incurred by the county relating to the acquisition of such land, including notice and election expenses.
(d) No more than three acres of land may be acquired pursuant to this section. Any land acquired pursuant to this section shall be used for township purposes.
(e) The township board may construct, purchase or lease buildings for township purposes. The board may join with any corporation, association, society or lodge in the construction or purchase and use of buildings or land acquired pursuant to this section, upon such terms and conditions as may be agreed upon by such township and corporation, association, society or lodge.
(f) The township board may issue general obligation bonds of the township to finance the costs of the acquisition of land and the construction and acquisition of township buildings. No such bonds shall be issued unless such issuance is submitted to and approved by a majority of the qualified electors of the township voting at an election called and held on such issuance. Such election shall be called and held in the manner provided by the general bond law. The question of issuance of bonds may be submitted at any election held pursuant to subsection (b).
History: L. 1999, ch. 146, § 3; July 1.
(a) The township board of any township which has a surplus in its general fund may provide, by adoption of a resolution, for a township equipment reserve fund to finance the acquisition of equipment. Moneys not to exceed 25% annually of the township general fund may be budgeted and transferred to such fund. For the purposes of this act, equipment shall include machinery, vehicles and any other equipment or personal property.
(b) Moneys credited to such fund from annually budgeted transfers shall not thereafter be subject to the provisions of K.S.A. 79-2925 to 79-2937, and amendments thereto. In making the budgets of such township, the amounts credited to, and the amount on hand in, such equipment reserve fund and the amount expended therefrom shall be shown thereon for the information of the taxpayers of such township. Moneys in such fund may be invested in accordance with the provisions of K.S.A. 12-1675, and amendments thereto, with interest thereon credited to such fund.
(c) If the township board determines that money which has been credited to such fund or any part thereof is not needed for the purposes for which so budgeted or transferred, the board may transfer, by adoption of a resolution, such amount not needed to the general fund and such retransfer and expenditure thereof shall be subject to the budget requirement provisions of K.S.A. 79-2925 to 79-2937, and amendments thereto.
History: L. 2008, ch. 16, § 1; July 1.
All township officers appointed to fill vacancies shall hold their office for the remainder of the unexpired term, and until their successors are elected and qualified, and they shall take a like oath and give a like undertaking as is required to be given by officers elected.
History: G.S. 1868, ch. 110, § 15; R.S. 1923, 80-201; L. 1963, ch. 501, § 1; March 1.
Every person elected to the office of trustee, clerk or treasurer of any township, or road overseer of any road district, shall be an elector of the township or road district at the time of such election or appointment, and shall take and subscribe the oath of office prescribed by law. The oath shall be filed in the office of the county clerk. In the event any such officer shall become a nonresident of the township or road district, the office shall become vacant.
History: G.S. 1868, ch. 110, § 16; L. 1883, ch. 146, § 1; R.S. 1923, 80-202; L. 1973, ch. 134, § 55; L. 1974, ch. 446, § 26; L. 2019, ch. 36, § 4; April 25.
Before entering upon the duties of office, the township treasurer shall execute a bond to the state of Kansas in an amount determined by the board of county commissioners. The amount and sufficiency of the bond shall be approved by the board of county commissioners, conditioned upon the faithful discharge of the treasurer's duties. The bond shall be filed by the treasurer in the office of the county clerk.
History: G.S. 1868, ch. 110, § 17; R.S. 1923, 80-203; L. 1969, ch. 468, § 1; L. 1984, ch. 370, § 1; July 1.
History: G.S. 1868, ch. 110, § 18; R.S. 1923, 80-204; Repealed, L. 1974, ch. 446, § 27; July 1.
History: G.S. 1868, ch. 110, § 19; R.S. 1923, 80-205; L. 1933, ch. 328, § 1; Repealed, L. 1973, ch. 134, § 61; July 1, 1974.
History: G.S. 1868, ch. 110, § 20; R.S. 1923, 80-206; Repealed, L. 1973, ch. 134, § 61; July 1, 1974.
(a) The township officers of any township shall be reimbursed for any expenses incurred while actually and necessarily attending to township business.
(b) Members of the township board shall receive compensation for their services while actually and necessarily conducting township business.
(c) The township board, by adoption of a resolution, may fix the amount of compensation to be received by the members of the board. Such resolution shall be published at least once each week for two consecutive weeks in a newspaper of general circulation within the township. If the total amount of compensation to be received annually by each member of the board is $100 or less, such resolution shall not be required to be published and shall be effective upon adoption of the resolution. A resolution providing for an increase in compensation shall not be effective until 30 days following the date of the last publication of the resolution.
History: L. 1982, ch. 429, § 4; L. 1996, ch. 184, § 5; L. 1997, ch. 17, § 1; July 1.
A township officer who also is an employee of the township shall abstain from voting for or participating in any motion of the township board to increase the compensation, salary or benefits to be paid to such person as an employee of the township.
History: L. 2002, ch. 15, § 1; July 1.
The township trustee shall have the power to:
(a) Divide the township into road districts, and make such alterations as may be necessary;
(b) ensure all moneys belonging to the township are properly spent for road or other purposes;
(c) provide for the care and management of all property, real and personal, belonging to the township, and to superintend the various interests thereof;
(d) cause a record to be made accurately defining the boundaries and number of each road district, as well as the alterations made in such district or districts in the township;
(e) administer all oaths in the necessary discharge of the duties of the office;
(f) superintend all the financial concerns of the township, and at the July session of the board of county commissioners, annually, with the advice and concurrence of the board of county commissioners shall levy a tax on the property in the township for township road and other purposes, and report the same to the county clerk, who shall enter the same on the proper tax roll in a separate column or columns, and the treasurer shall collect the same as other taxes are collected. If the trustee and board of county commissioners fail to agree on any such levy, the board of county commissioners shall levy such township road and other taxes; and
(g) discharge such other duties as may be imposed by law.
History: G.S. 1868, ch. 110, § 22; L. 1885, ch. 194, § 1; R.S. 1923, 80-301; L. 1968, ch. 406, § 140; L. 1994, ch. 232, § 2; July 1.
The township trustee, clerk and treasurer of each municipal township shall constitute an auditing board. The auditing board shall meet in March, June, September and December of each year and examine and audit all claims against the township, and shall file their annual report with the county clerk for the approval of the board of county commissioners on or before January 31 of the succeeding year. No claim against any township shall be paid until allowed by the auditing board. All claims allowed by the auditing board shall be recorded by the clerk electronically or in a book to be kept for that purpose.
The township trustee, clerk and treasurer shall each receive for the officer's services in attending to the township business, an amount determined by the township board as provided by K.S.A. 80-207, and amendments thereto.
History: L. 1885, ch. 168, § 9; L. 1887, ch. 234, § 1; L. 1913, ch. 333, § 1; R.S. 1923, 80-302; L. 1953, ch. 462, § 1; L. 1965, ch. 546, § 1; L. 1968, ch. 375, § 18; L. 1977, ch. 348, § 1; L. 1982, ch. 429, § 2; L. 1984, ch. 371, § 1; L. 1996, ch. 184, § 6; L. 2007, ch. 39, § 2; July 1.
History: L. 1887, ch. 234, § 2; R.S. 1923, 80-303; Repealed, L. 1957, ch. 522, § 1; June 29.
(a) The township trustee, at the regular meeting of the board of county commissioners next succeeding the annual settlement of the township treasurer and road overseers, shall make a complete report of the affairs of the township for the preceding year, stating in detail the items of account audited and allowed, the nature of each account, and the name of each person to whom such an account was allowed. Such report shall specify the amount of compensation and amount of reimbursement of expenses paid to members of the township board pursuant to K.S.A. 80-207, and amendments thereto. Such report shall be verified by affidavit and shall be examined by the board of county commissioners. If found correct and in conformity to law, the board shall approve the report and accounts and the same shall be filed in the office of the county clerk of such county. Copies of the report shall be made available upon request. If such report and accounts are found not correct, or not in conformity to law, the board shall cite such township auditing board to appear before it and correct any errors appearing therein. Such township auditing board and their bondsmen shall be liable to their township for the amount of any and all accounts or demands by them allowed or paid in excess of that authorized by law for any purpose. It shall be the duty of the county attorney of such county to prosecute any and all suits in the name of such township for the recovery of the same, in any court of competent jurisdiction.
(b) Payments made prior to August 2, 1996, to township officers for duties and services performed pursuant to K.S.A. 68-525, 68-530, 68-531, 68-542, 80-207, 80-302, 80-304, 80-410, 80-1204, 80-1407, 80-1501, 80-1544 and 80-2002, and amendments thereto, or while actually and necessarily conducting township business are hereby validated.
History: L. 1885, ch. 168, § 11; R.S. 1923, 80-304; L. 1984, ch. 371, § 2; L. 1996, ch. 184, § 7; L. 1997, ch. 153, § 1; July 1.
In addition to the duties now prescribed by law, the township trustee shall have the custody and disposition of the property of his or her township, and shall on going out of office take from his or her successor in office a receipt for such property as he or she shall transfer to him or her, and shall file such receipt with the county clerk of his or her county; and such receipt when so filed shall be prima facie evidence of the facts therein stated.
History: L. 1871, ch. 153, § 1; March 16; R.S. 1923, 80-305.
The township trustee shall prosecute in the name of his or her township all violations of the different road laws, or any provisions thereof; and in such prosecution it shall be the duty of the county attorney to act on behalf of the township.
History: L. 1871, ch. 153, § 2; March 16; R.S. 1923, 80-306.
The township trustee may remove obstructions from the highways in cases where the road overseers shall refuse or fail to do so; and the trustee shall in such cases have all the power of road overseers in calling out the inhabitants to perform the work necessary to remove such obstructions.
History: L. 1871, ch. 153, § 3; March 16; R.S. 1923, 80-307.
The township treasurer shall receive and take charge of all moneys belonging to the township, or which are by law required to be paid to him or her, and shall pay out and account for the same upon orders drawn upon him or her by the township trustee, and shall discharge such other duties as may be required of him or her by law.
History: G.S. 1868, ch. 110, § 26; March 11; R.S. 1923, 80-401.
The township treasurer shall keep a true account of all moneys by him or her received by virtue of his or her office, and the manner in which the same have been disbursed, keeping a separate account with each fund, electronically or in a book to be provided at the expense of the township for that purpose, and shall exhibit such account, together with his or her vouchers, to the township auditing board at their annual meeting on the last Saturday of October in each year for adjustment and settlement.
History: G.S. 1868, ch. 110, § 27; L. 1885, ch. 168, § 12; L. 1886, ch. 140, § 3; L. 2007, ch. 39, § 3; July 1.
The account as provided for in the last preceding section shall be made out in duplicate, and shall be verified by affidavit that the same is in all respects true and correct, and that it contains the full and true amount of all moneys received by him or her during the full period of time for which he or she should make such statement; and one of such verified duplicates shall be filed forthwith by the treasurer in the office of the county clerk.
History: G.S. 1868, ch. 110, § 28; March 11; R.S. 1923, 80-403.
In all townships the township treasurer shall deposit all public money coming into his or her hands in an official capacity in a bank which is a member of the federal deposit insurance corporation or a savings and loan association which is a member of the federal savings and loan insurance corporation within the county, the same to be designated by the township board. Such deposits shall be made in the name of such treasurer as such officer. Township moneys not immediately required for the purposes for which such moneys were collected or received may be invested in the manner provided by K.S.A. 12-1675.
History: L. 1911, ch. 333, § 1; R.S. 1923, 80-404; L. 1933, ch. 159, § 3; L. 1937, ch. 82, § 3; L. 1973, ch. 407, § 1; July 1.
Every township treasurer shall keep, electronically or in a book provided for that purpose, a true account of all moneys received and disbursed by him or her by virtue of his or her office, specifying particularly the sources from which money has been received by him or her; and the person or persons to whom and the objects for which the same has been paid out by him or her; and he or she shall present to the township board, at their quarterly meeting in October, a full and correct itemized statement, duly signed and certified by him or her, of all moneys received and of all moneys paid out by him or her during the year, and he or she shall exhibit the vouchers therefor, which certified statement shall be on a blank provided for that purpose. Said report of said treasurer shall be carefully examined by the board, and when found correct shall be approved by them, and placed in charge of the township trustee.
History: L. 1898, ch. 39, § 1; L. 2007, ch. 39, § 4; July 1.
The township trustee shall make a verified statement of all bills allowed by the township board for each year, ending with and including the regular quarterly meeting for October, stating particularly the person or persons to whom and the objects for which such bills were drawn; and he or she shall file and preserve such verified statement in his or her office.
History: L. 1898, ch. 39, § 2; March 1, 1899; R.S. 1923, 80-406.
At each annual election for electing township officers the township trustees shall post up in a conspicuous place at each voting place in his or her township a certified copy of the township treasurer's statement provided for in K.S.A. 80-405, and also a certified copy of the trustee's statement required by K.S.A. 80-406. These statements shall be put up at the opening of the polls, and in the room in which election is held, and shall remain in place until the polls are closed, so that all voters may examine them.
History: L. 1898, ch. 39, § 3; March 1, 1899; R.S. 1923, 80-407.
Any township treasurer or township trustee who shall willfully fail or refuse to make the statement or perform any duty required by this act shall be deemed guilty of a misdemeanor, and on conviction shall be punished by fine of not more than one hundred dollars, or by imprisonment in the county jail for not more than ninety days.
History: L. 1898, ch. 39, § 4; March 1, 1899; R.S. 1923, 80-408.
If any township officer or other person shall willfully take down, deface or destroy any notice or statement or copy thereof required by K.S.A. 80-407 to be posted at any polling place, or shall by any means put or place such statement or copy out of plain view of the electors before the polls of the election are closed, he or she shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not to exceed one hundred dollars, or imprisonment in the county jail for not to exceed ninety days.
History: L. 1898, ch. 39, § 5; March 1, 1899; R.S. 1923, 80-409.
(a) The treasurer of each township shall file with the county clerk a duly verified full and detailed statement of the receipts, expenditures and liabilities of the township for the preceding calendar year, on or before January 31 of the succeeding year.
(b) The treasurer of each township having an annual budget exceeding $25,000 shall publish, or cause to be published, in a newspaper of general circulation in the township immediately following the annual settlement in December of each year, a summary which shows totals for categories of the receipts, expenditures and liabilities of such township for the year ending at the time of such annual settlement. Such publication shall include a notice that a detailed statement of such receipts, expenditures and liabilities is available for public inspection at the county clerk's office. Copies of the statement shall be made available upon request.
(c) The treasurer of the township shall file with the county clerk a full and detailed statement of the amount of money paid to each member of the township board pursuant to K.S.A. 80-207, and amendments thereto, during the preceding calendar year, on or before January 31 of the succeeding year.
History: L. 1913, ch. 332, § 1; R.S. 1923, 80-410; L. 1984, ch. 371, § 3; L. 1996, ch. 184, § 8; L. 1997, ch. 74, § 1; L. 1998, ch. 135, § 2; July 1.
Any township treasurer violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon the conviction thereof shall be subject to a fine of not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail not less than thirty days nor more than ninety days, or by both such fine and imprisonment, for each offense.
History: L. 1913, ch. 332, § 2; April 30; R.S. 1923, 80-411.
The township clerk shall have the custody of the records, books and papers of the township, when no other provision is made by law; and he or she shall file in his or her office all such papers as are by law required to be filed, and promptly record such as are by law required to be recorded therein; and he or she shall discharge such other duties as may be required by law.
History: G.S. 1868, ch. 110, § 29; March 11; R.S. 1923, 80-501.
He or she shall immediately after receiving the report of the township trustee record the same at length in the township record, and publish the same by posting up a certified copy thereof at the usual place of holding elections in the township.
History: G.S. 1868, ch. 110, § 30; March 11; R.S. 1923, 80-502.
The records and other books of the township clerk and treasurer shall always be open for public inspection.
History: G.S. 1868, ch. 110, § 31; March 11; R.S. 1923, 80-503.
History: L. 1872, ch. 203, § 1; R.S. 1923, 80-504; Repealed, L. 1997, ch. 15, § 1; July 1.
As used in this act: "Township" means any township in the state of Kansas; and "board" means the township clerk, township treasurer and township trustee acting as a board.
History: L. 1963, ch. 502, § 1; June 30.
The board of any township may, by resolution adopted by a majority vote of its members, authorize the township officer in charge thereof to destroy any of the following records, documents or papers which have been on file for a period of ten (10) years or more: Bookkeeping records, claim vouchers, purchase orders, paid warrants and paid warrant-checks, bank statements, budgets, trustee's and treasurer's annual reports.
History: L. 1963, ch. 502, § 2; June 30.
History: G.S. 1868, ch. 110, §§ 34 to 37; R.S. 1923, 80-601 to 80-604; Repealed, L. 1973, ch. 134, § 61; July 1, 1974.
The office of justice of the peace is hereby abolished throughout the state. Within ten (10) days after the effective date of this act, every justice of the peace issued a certificate of election attesting to his or her election at the general election in 1972, and any duly appointed successor thereto, shall transfer all books, records, papers, files and documents, which are in his or her possession by virtue of his or her office, to the appropriate court of limited jurisdiction, as specified by K.S.A. 61-1602, within the county in which he or she was elected. All such books, records, papers, files and documents so transferred shall become the property of said court of limited jurisdiction. All judicial, notarial or ministerial acts performed by any such justice of the peace, pursuant to statutory authority existing prior to the effective date of this act, are hereby declared legal and valid.
History: L. 1973, ch. 134, § 1; July 1, 1974.
History: G.S. 1868, ch. 110, § 38; R.S. 1923, 80-701; L. 1973, ch. 134, § 56; Repealed, L. 1974, ch. 446, § 27; July 1.
History: G.S. 1868, ch. 110, § 39; R.S. 1923, 80-702; L. 1973, ch. 134, § 57; Repealed, L. 1974, ch. 446, § 27; July 1.
History: G.S. 1868, ch. 110, §§ 40, 41; R.S. 1923, 80-703, 80-704; Repealed, L. 1974, ch. 446, § 27; July 1.
History: G.S. 1868, ch. 110, §§ 42, 43; R.S. 1923, 80-705, 80-706; L. 1973, ch. 134, §§ 58, 59; Repealed, L. 1974, ch. 446, § 27; July 1.
History: G.S. 1868, ch. 110, § 44; R.S. 1923, 80-707; Repealed, L. 1974, ch. 446, § 27; July 1.
Revisor's Note: Later act, see 12-1218 through 12-1235.
History: L. 1889, ch. 169, § 1; R.S. 1923, 80-801; L. 1943, ch. 321, § 1; L. 1945, ch. 378, § 1; Repealed, L. 1951, ch. 485, § 24; July 1.
History: L. 1889, ch. 169, § 3; R.S. 1923, 80-802; L. 1943, ch. 321, § 2; Repealed, L. 1951, ch. 485, § 24; July 1.
History: L. 1889, ch. 169, § 4; R.S. 1923, 80-803; L. 1943, ch. 321, § 3; Repealed, L. 1951, ch. 485, § 24; July 1.
History: L. 1943, ch. 331, § 1; L. 1949, ch. 496, § 1; Repealed, L. 1969, ch. 469, § 1; July 1.
History: L. 1947, ch. 491, § 1; Repealed, L. 1969, ch. 469, § 1; July 1.
History: L. 1951, ch. 522, §§ 1, 2; Repealed, L. 1969, ch. 469, § 1; July 1.
The township board of any township which maintains and operates a township library which is known as a Carnegie library is hereby authorized and empowered to issue no-fund warrants in an amount not exceeding $4,000 for the purpose of providing funds for the repair and reconstruction of the Carnegie library building of such township. Whenever any township board shall issue warrants under the provisions of this section, such board shall make a tax levy at the first tax levying period after such warrants are issued sufficient to pay the same and the interest thereon. If the township board deems it advisable not to make all of such levy in any one year, then such township board may make an annual tax levy at not more than the next three tax levying periods occurring after the issuance of such warrants, the total of which levies shall be sufficient to pay such warrants and the interest thereon. The warrants shall be issued, registered, redeemed and bear interest in the manner and be in the form prescribed by K.S.A. 79-2940, and amendments thereto, except that such warrants shall not bear the notation required by K.S.A. 79-2940, and amendments thereto, and may be issued without the approval of the state board of tax appeals, and any surplus existing after the issuance of such warrants shall be handled in the manner prescribed by K.S.A. 79-2940, and amendments thereto. Such township board is hereby authorized and empowered to expend all moneys raised by no-fund warrants issued under the provisions of this section although such expenditures were not included in the budget for the year in which such warrants were issued.
History: L. 1951, ch. 520, § 1; L. 1999, ch. 154, § 54; L. 2008, ch. 109, § 120; L. 2014, ch. 141, § 127; July 1.
Any municipal township in any county in the state is authorized to provide and secure to the inhabitants thereof, either by purchase or by acquisition, from any person or persons, or from any cemetery organization, corporation or association of persons already in existence, a park or parks or a cemetery or cemeteries, or both such park or parks and cemetery or cemeteries within such township in the manner and form hereinafter designated: Provided, That nothing in this act shall be construed to restrict or modify other public cemetery acts.
History: L. 1887, ch. 235, § 1; L. 1921, ch. 295, § 1; L. 1923, ch. 240, § 1; February 28; R.S. 1923, 80-901.
In order to pay any expenditures for the purposes contemplated by this act, as amended, such municipal township may issue the bonds of such township in the manner provided by law, in an amount not to exceed two percent of the assessed valuation thereof: Provided, That no township in any case shall issue bonds in an amount exceeding twenty thousand dollars by virtue of this act.
History: R.S. 1923, 80-902.
Any township issuing bonds under this act shall annually levy a tax sufficient to pay the interest thereon, and after five years an amount sufficient to create a sinking fund to pay the principal at maturity; and any township purchasing or acquiring or acting as trustee for grounds for a park or parks, or cemetery or cemeteries is empowered and authorized to annually levy and collect a tax to provide a fund for the purpose of meeting the annual expense of such grounds, and such other improvements as the township board deems necessary.
History: L. 1887, ch. 235, § 3; L. 1909, ch. 260, § 1; L. 1921, ch. 295, § 3; L. 1923, ch. 240, § 3; R.S. 1923, 80-903; L. 1961, ch. 463, § 1; L. 1970, ch. 385, § 5; L. 1999, ch. 154, § 55; May 27.
The purchasing and securing of suitable grounds for the purpose of this act or the acquiring and taking over of parks and cemeteries already in existence, either by becoming absolute owners or as trustees under existing laws, shall not be done until twenty-five percent of the resident taxpayers of any such township shall petition in writing the board of county commissioners to submit to the qualified voters of such township a proposition to purchase, or secure, and maintain or acquire and take over and maintain a public park or parks or cemetery or cemeteries, or both such public parks and cemeteries and issue bonds of such township or levy a tax in payment therefor.
Said petition shall particularly describe the parcel or parcels or tract or tracts of land to be so purchased or secured and maintained, or if paid for by taxation, the number of annual installments into which the whole tax is to be divided, and if such petition be found true then the board of county commissioners shall cause an election to be held to determine whether such purchase or securing the grounds and issue of bonds therefor, if any are provided for, shall be made, and the same shall be submitted to the qualified electors of such township at a special or general election, as the same shall be specified in said petition: Provided, That where parks or cemeteries are already in existence and operated by a park or cemetery organization, corporation or association of persons are to be taken over and acquired that such petition, as is in this section provided, shall not be acted upon by the board of county commissioners until there has been filed with such board a written proposition stating the price, terms and conditions upon which the park or parks or cemetery association or cemetery associations engage themselves to convey to the township all the property of such association or associations, corporation or corporations, or organization or organizations within such township, has been filed with the clerk of the township board.
History: L. 1887, ch. 235, § 4; L. 1909, ch. 260, § 2; L. 1921, ch. 295, § 2; L. 1923, ch. 240, § 2; February 28; R.S. 1923, 80-904.
Any municipal township, or, two or more such townships combined in any county in this state is authorized to provide and secure to the inhabitants of such township, or townships, whether by purchase or acquisition, from any person or persons, or from any cemetery organization, corporation or association of persons already in existence, a park or parks or a cemetery or cemeteries, or both such park or parks and cemetery or cemeteries within such township, or townships, in the manner and form hereinafter designated: Provided, That nothing in this act shall be construed to restrict or modify other public cemetery acts.
History: L. 1923, ch. 241, § 1; March 3; R.S. 1923, 80-905.
The purchasing and securing of suitable grounds for the purpose of this act, or the acquiring and taking over of parks and cemeteries already in existence, whether by becoming absolute owners, or as trustee, under existing laws, shall not be done until twenty-five percent of the resident taxpayers of any such township, or townships, shall petition, in writing, the board of county commissioners to submit to the qualified voters of such township, or townships, a proposition to purchase or secure and maintain, or acquire and take over and maintain, a public park or parks or cemetery or cemeteries, or both such public parks and cemeteries, and issue bonds of such township or townships, or levy a tax in payment therefor.
Said petition shall particularly describe the parcel or parcels or tract or tracts of land to be so purchased or secured and maintained, or if paid for by taxation the number of annual installments into which the whole tax is to be divided; and if such petition be found true in accordance with law, then the board of county commissioners shall cause an election to be held to determine whether such purchase or securing the grounds and issue of bonds therefor, if any are provided for, shall be made, and the same shall be submitted to the qualified electors of such township, or townships, at a special or general election, as the same shall be specified in said petition: Provided, That where parks or cemeteries are already in existence and operated by a park or cemetery organization, corporation or association of persons are to be taken over and acquired that such petition, as is in this section provided, shall not be acted upon by the board of county commissioners until there has been filed with such board a written proposition stating the price, terms and conditions upon which the park or parks or cemetery association or cemetery associations engage themselves to convey to the township, or townships, all the property of such association or associations, corporation or corporations, or organization or organizations within such township, or townships, has been filed with the clerks of the township boards.
History: L. 1923, ch. 241, § 2; March 3; R.S. 1923, 80-906.
Any township, or townships, issuing bonds under this act shall annually levy a tax sufficient to pay the interest thereon, and after five years an amount sufficient to create a sinking fund to pay the principal at maturity; and any township, or townships, purchasing or acquiring or acting as trustee for grounds for a park or parks, or cemetery or cemeteries, is empowered and authorized to annually levy and collect a tax, not exceeding in any one year two mills on the dollar, to provide a fund for the purpose of meeting the annual expense of such grounds.
History: L. 1923, ch. 241, § 3; March 3; R.S. 1923, 80-907.
Whenever any cities of the second or third class located within the county shall desire to cooperate with any municipal township, or townships, under the provisions of this act, the governing body of any such cities of the second or third class and whenever such township, or townships, are willing to accept such cooperation of any such city or cities the petition shall state such fact and if the residents and taxpayers of any such city or cities desire to accept such cooperation and shall present a petition of the same character to the governing body of any such city or cities and such governing body shall enact an ordinance joining with such township, or townships, then and in that event such townships and said cities shall become the joint owners of said parks and cemeteries under the provisions of the preceding section and the township trustee of every such township and the mayor of every such city shall constitute a board of trustees having full power and control of said parks and cemeteries and shall annually determine the tax that shall be levied by every such city or township to comply with the provisions and limitations prescribed by K.S.A. 80-907.
History: L. 1923, ch. 241, § 4; March 3; R.S. 1923, 80-908.
This act shall be supplemental to and in nowise contradictory of the provisions of chapter 295 [*] of the Laws of Kansas for 1921.
History: L. 1923, ch. 241, § 5; March 3; R.S. 1923, 80-909.
The county commissioners, for such township, upon the presentation of the foregoing petition and such other conditions as may be deemed advisable, to the chairman of the board, shall convene and make an order, which order shall embrace the terms and conditions set forth in the petition, and shall fix the time for holding such election, which shall be within sixty days from the day on which the commissioners shall be convened.
History: L. 1887, ch. 235, § 5; March 15; R.S. 1923, 80-910.
If a majority of the qualified electors voting at such election vote for such purchase and use, and issue of bonds, the board of county commissioners, for and in behalf of such township, shall issue such bonds as may be required by such proposition in the name of such township. When issued, such bonds shall be signed by the chairperson of the board of county commissioners, and attested by the county clerk, under the seal of such county.
History: L. 1887, ch. 235, § 7; R.S. 1923, 80-911; L. 1983, ch. 49, § 99; May 12.
Any citizen of any township owning and maintaining a cemetery under the provisions of this act, upon the payment of one dollar to the trustee of such township, which money shall be credited to the contingent fund, shall have the right and privilege to one lot in such cemetery for burial purposes; and the lots of such cemetery shall be laid off in uniform size, not less than seven by fourteen feet, with alleys and streets, as the board of such township shall direct. The clerk of such township shall keep an exact record of persons buried and location of graves in such cemeteries: Provided, That in case of any cemetery acquired by the township since January 1, 1915, the township board may charge any citizen residing in the township such sum of money as it deems a reasonable value for a lot or lots in such cemetery, and may charge persons not resident in the township an amount not to exceed 50 percentum additional to such reasonable value, for the upkeep of the cemetery.
History: L. 1887, ch. 235, § 8; L. 1915, ch. 100, § 1; May 22; R.S. 1923, 80-912.
The town board of such township shall have full authority and power to use the funds provided by the issue of bonds as hereinbefore conditioned, in purchasing, maintaining and improving the parks and cemeteries owned in such township by virtue of this act: Provided, The trustee of such township shall make an annual report on the condition of such park and cemetery; also a full statement of the expenditures and receipts made and received thereon: Provided further, That gambling, horse-racing and selling of intoxicating liquors are forever forbidden and prohibited on such grounds, or adjacent thereto.
History: L. 1887, ch. 235, § 9; March 15; R.S. 1923, 80-913.
Any municipal township of this state is hereby authorized and shall be entitled to purchase and acquire for a cemetery or burial ground any quantity of land not exceeding five acres in any one tract or lot of any unsold school lands situated in this state, and shall acquire title to the same according to the method and procedure prescribed for securing sites for schoolhouses on school lands in chapter 122 [*] of the Session Laws of 1876: Provided, That such tract or lot shall be situate on one of the boundary lines of the section or any quarter section thereof.
History: L. 1901, ch. 397, § 1; May 1; R.S. 1923, 80-914.
Whenever any cemetery association or corporation maintaining or owning a cemetery shall desire to convey such cemetery to the municipal township in which the cemetery is located for the purpose of making the cemetery a public burying ground, it shall be lawful for the township board to receive and take over the management and control of such cemetery upon such terms as may be agreed upon. When such cemetery becomes the property of the township it shall be the duty of the township to maintain the same at an annual expense of not less than $25 nor more than $100. Nothing in this act shall be construed to restrict or modify other public cemetery acts. Except as provided in K.S.A. 80-941 and 80-942, and amendments thereto, no township board shall agree to take over any such cemetery where the township already has and maintains a public cemetery.
History: L. 1911, ch. 138, § 1; R.S. 1923, 80-915; L. 1992, ch. 42, § 1; L. 1997, ch. 74, § 2; April 17.
From and after the passage of this act it shall be the duty of the township board of any township within the state of Kansas in which there is situated an abandoned cemetery to provide for the care of such cemetery and to provide for the proper and seasonable cutting of all weeds and grass therein at least twice each year; and for such purposes such township board shall appropriate and expend not more than $500 per year for each such cemetery.
History: L. 1917, ch. 84, § 1; L. 1919, ch. 105, § 1; R.S. 1923, 80-916; L. 1982, ch. 72, § 14; July 1.
Any township in the state of Kansas owning or operating as trustees a cemetery is authorized and empowered to procure, acquire and control a building to be used as a chapel in connection with such cemetery in which to hold burial or funeral services and such other devotional or religious exercises as the board may, from time to time, allow: Provided, That the title to such chapel shall be vested in the township maintaining such cemetery.
History: L. 1921, ch. 91, § 1; February 27; R.S. 1923, 80-917.
The township board shall not acquire, secure nor operate a chapel as provided in K.S.A. 80-917 except upon the application so to do through a petition presented to it signed by at least twenty-five percent of the resident taxpayers of the township.
History: L. 1921, ch. 91, § 2; February 27; R.S. 1923, 80-918.
Upon the receipt of such petition the township board shall call an election at which the question of the acquiring of a site for and the building of a chapel as provided hereinbefore shall be submitted to the electors of the township, at which election the proposition submitted shall be "Shall the township build and maintain a chapel in connection with the township cemetery at an initial cost of __________ dollars?" If the majority of the votes cast at said election shall favor such proposition to construct and operate a chapel the township board shall proceed to procure a site for such chapel adjacent to the cemetery not exceeding one acre in area and to build and maintain a suitable building for a chapel thereon. The mode of acquiring the site shall be by purchase, donation and contribution, condemnation, or gift. The board of township commissioners is authorized and empowered to levy a tax sufficient to pay for the site and erect the building thereon: Provided, That in no event shall the combined cost of the site and the building exceed the amount of money to be raised by an annual levy of two mills on every dollar of taxable property in the township for a period of five (5) years.
History: L. 1921, ch. 91, § 3; February 27; R.S. 1923, 80-919.
History: L. 1935, ch. 318, §§ 1, 2; Repealed, L. 1969, ch. 470, § 1; July 1.
History: L. 1937, ch. 384, § 1; Repealed, L. 1947, ch. 480, § 1; June 30.
Where two or more townships in the state of Kansas combine, and purchase or acquire or act as trustee for grounds for a park or parks, or cemetery or cemeteries, the township board of each of such combined townships shall constitute a board of trustees, having full power and control of said parks and cemeteries and shall annually determine the tax to be levied by every such township to comply with the provisions and limitations of K.S.A. 80-907.
History: L. 1937, ch. 385, § 1; March 29.
History: L. 1937, ch. 376, §§ 1 to 7; Repealed, L. 1947, ch. 480, § 1; June 30.
History: L. 1941, ch. 398, § 1; L. 1947, ch. 478, § 1; Repealed, L. 1968, ch. 317, § 1; July 1.
The township board of any township is hereby authorized and empowered to levy an annual tax on all taxable tangible property in such townships, including such property of cities of the third class, for the purpose of providing funds to be used for the care and maintenance of cemeteries in such townships for which no provision is made by law for the levying of taxes for such care and maintenance.
History: L. 1947, ch. 473, § 1; L. 1970, ch. 385, § 6; L. 1999, ch. 154, § 56; May 27.
Whenever the title to any real property within the area of which there may be included a lake or park may be vested in a township, the township board is hereby authorized to lease such lake or park or any portion thereof for not less than two (2) years nor more than thirty-three (33) years to any 4-H club or livestock association, to any county fair association, to any nonprofit corporation, or to any other charitable or farm organization: Provided, That every such lease shall provide that the lessee shall at its own expense, construct and install all of the facilities and improvements to be occupied and used by it under such lease, upon such terms, conditions and control as the township board may require and subject to the condition that all such facilities and improvements so constructed by the lessee shall become and be the property of the township upon the expiration or cancellation of the term of such lease or upon abandonment or forfeiture thereof by the lessee prior to its expiration.
Such lease shall be effective and binding upon the township, however, only after twenty (20) days following the final publication of such lease including all the terms thereof in some newspaper of general circulation in the township for three (3) consecutive weeks: Provided, That if within such twenty (20) days following the final publication of the lease there be filed with the township clerk a petition signed by twenty-five percent (25%) of the electors of such township as determined by the total vote for secretary of state in such township at the last preceding general election protesting the execution of such lease, then such lease shall be void and of no effect.
History: L. 1949, ch. 504, § 1; L. 1961, ch. 464, § 1; April 6.
Any private township cemetery association organized under the laws of Kansas as a nonprofit corporation which has failed to operate and maintain its cemetery for a period of more than ten (10) years and which has been maintained by the township under the provisions of K.S.A. 80-916 for a period of at least five (5) years may be declared abandoned and extinct by order of the district court of the county in which the cemetery is located and the title to the cemetery property of such association vested in the township in the manner hereinafter provided.
History: L. 1970, ch. 405, § 1; July 1.
Any member of the township board or any resident of a township in which the cemetery was organized and in which the cemetery is located may petition the district court of the county setting forth facts authorizing an order of abandonment or extinction and disposition of property. Upon presentation of such a petition to the court the court may proceed in a summary manner after such notice as the court may prescribe to inquire into the merits of such application; and if upon examination by the court it shall satisfactorily appear that the making of the order of the disposition of the property applied for is necessary or proper, such court shall make a final order declaring such cemetery association to be abandoned and extinct and transferring the cemetery property and title and possession thereof to the township in which the cemetery of the association was located; it being the intent and purpose of this act to preserve the cemetery property formerly owned by the association for cemetery purposes.
History: L. 1970, ch. 405, § 2; July 1.
After the order providing for the transfer and vesting of the cemetery property in the township has become final, the township board shall thereafter care for and maintain the cemetery formerly the property of the cemetery association in the same manner as though such township cemetery were organized pursuant to the provisions of K.S.A. 80-901 et seq.
History: L. 1970, ch. 405, § 3; July 1.
Any municipal township having an assessed tangible valuation of more than three million dollars ($3,000,000) and less than five million dollars ($5,000,000) which has heretofore acquired a township lake and is presently operating such lake as a municipal function is hereby authorized to issue bonds of the township in the manner provided by law and in an amount not to exceed one hundred thousand dollars ($100,000), for the purpose of providing revenue for restoration of such lake, including the dredging thereof and making necessary improvements in connection therewith.
Before any such bonds shall be issued, the question of issuing the same shall first be submitted to a vote of the qualified electors of the township at a general election or at a special election called for the purpose of submitting the question; and no bonds shall be issued until a majority of the qualified electors of the township voting on the question shall have declared by their votes in favor of issuing said bonds. Such election may be called on motion of the township officers and shall be called if a petition signed by twenty-five percent (25%) of the electors of the township as shown by the vote cast for governor at the last preceding election is filed with the township clerk requesting such election.
If the bonds are authorized at such election, by a majority vote of qualified electors voting thereon, such bonds shall be issued, sold, delivered and retired in accordance with article 1 of chapter 10 of the Kansas Statutes Annotated and acts amendatory thereof and supplemental thereto, except that such bonds shall mature within a maximum period of ten (10) years from date of issue; and none of the debt limitations provided by law shall apply to bonds issued hereunder.
History: L. 1971, ch. 325, § 1; July 1.
In any county having a population of not less than sixteen thousand (16,000) and not more than eighteen thousand (18,000) in which there is located a city of the first class and in which there is located a township cemetery district in which there are at least nine (9) cemeteries, the board of county commissioners is hereby authorized to make an annual levy of not to exceed one (1) mill on all the taxable tangible property within said township cemetery district for the purpose of providing funds for the care and maintenance of cemeteries within such district. Such tax levy shall be in addition to all other tax levies authorized or limited by law and shall not be subject to or within any aggregate tax levy limit prescribed by law.
No tax levy provided for or authorized by this section may be made if prior to the levy of such tax a petition in opposition to the levy, signed by not less than five percent (5%) of the qualified electors in such township cemetery district, is filed with the county election officer. If such petition is filed within the prescribed time, no such tax may be levied unless a majority of the qualified electors of the township cemetery district approve such levy at the next general election.
History: L. 1975, ch. 132, § 4; July 1.
(a) Whenever the governing body of any township proposes to provide, establish and maintain recreational facilities and to levy an annual tax therefor, such proposition shall be submitted to the qualified electors of such township for approval at a regular or special election held for such purpose.
(b) If a majority of the electors voting on the proposition are in favor thereof, the governing body of such township shall have the power to levy an annual tax upon all the taxable tangible property within such township for the purpose of establishing, providing and maintaining recreational facilities. Such tax levy shall be at a rate which, when multiplied by the total assessed tangible valuation of the township, will not result in producing more than one thousand dollars ($1,000) in any one year, except that in no event shall such levy exceed two (2) mills.
History: L. 1975, ch. 507, § 1; July 1.
If the board of township trustees of any township or townships located in a county having a population of more than forty-three thousand (43,000) and less than forty-eight thousand (48,000) agrees thereto, any cemetery district located in such township or townships may, with the approval of the board of directors thereof, be disorganized. Whenever the board of directors shall approve the disorganization of any such cemetery district, all books, records, papers, moneys and title to all property owned by such cemetery district shall vest in the township, and shall be maintained thereby.
History: L. 1978, ch. 78, § 1; July 1.
(a) The township board of Attica township in Sedgwick county is hereby authorized to acquire from the Pleasant Ridge cemetery association, with the consent of such association, the following described cemetery property and any improvements thereon: Beginning at the northeast corner of the northwest quarter of section 29, township 27 south, range 2 west of the 6th
P.M., Sedgwick county, Kansas, then running west 532 feet, then running south 487 feet, then running east 268.5 feet, then running south 8 feet 11 links, then running east 264 feet to the east line, then running north 495 feet 11 links to the point of beginning.
(b) Upon the conveyance of the cemetery property under subsection (a), title to all such property shall vest in Attica township, and the permanent maintenance fund, if any, together with any investments then outstanding, and all books, records and papers of such cemetery shall be transferred to the treasurer of such township and shall become the property thereof. Upon the transfer of such property and funds, the township board shall care for and maintain such cemetery with any moneys of the cemetery corporation including the principal of and income from the permanent maintenance fund, if any; and, if such moneys are insufficient to properly maintain such cemetery, with funds of the township. The principal of and income from the permanent maintenance fund may be deposited in any appropriate fund of the township or may be invested in the manner provided for other township money, but shall be used exclusively for care and maintenance of such cemetery.
History: L. 1992, ch. 42, § 2; July 1.
(a) The township board of Tecumseh township in Shawnee county is hereby authorized to acquire from the Bethel cemetery association, with the consent of such association, the following described cemetery property and any improvements thereon:
Beginning at a point on the south line 20 feet west of the southeast corner of the northwest quarter of section 13 in township 12 of range 16 west of the 6th
P.M., Shawnee county, Kansas, thence running north 27 rods, thence west 12 rods, thence south 27 rods to the south line of such quarter, thence east to the point of beginning.
(b) Upon the conveyance of the cemetery property under subsection (a), title to all such property shall vest in Tecumseh township, and the permanent maintenance fund, if any, together with any investments then outstanding, and all books, records and papers of such cemetery shall be transferred to the treasurer of such township and shall become the property thereof. Upon the transfer of such property and funds, the township board shall care for and maintain such cemetery with any moneys of the cemetery corporation including the principal of and income from the permanent maintenance fund, if any; and, if such moneys are insufficient to properly maintain such cemetery, with funds of the township. The principal of and income from the permanent maintenance fund may be deposited in any appropriate fund of the township or may be invested in the manner provided for other township money, but shall be used exclusively for care and maintenance of such cemetery.
History: L. 1997, ch. 74, § 3; April 17.
(a) The township board of Topeka township in Shawnee county is hereby authorized to acquire from the Lynn Creek cemetery association, with the consent of such association, the following described cemetery property and any improvements thereon, commonly known as the Lynn Creek Cemetery, Shawnee county, Kansas:
That part of the southeast quarter of section 33 in township 12 south of baseline in range 16 east of the principal meridian, described as follows: Commencing at the southwest corner of the above described parcel of ground, thence north 21 rods, thence east 40 rods, thence south 21 rods, thence west 40 rods to the place of beginning.
(b) Upon the conveyance of the cemetery property under subsection (a), title to all such property shall vest in Topeka township, and the permanent maintenance fund, if any, together with any investments then outstanding, and all books, records and papers of such cemetery shall be transferred to the treasurer of such township and shall become the property thereof. Upon the transfer of such property and funds, the township board shall care for and maintain such cemetery with any moneys of the cemetery corporation including the principal of and income from the permanent maintenance fund, if any; and, if such moneys are insufficient to properly maintain such cemetery, with funds of the township. The principal of and income from the permanent maintenance fund may be deposited in any appropriate fund of the township or may be invested in the manner provided for other township money, but shall be used exclusively for care and maintenance of such cemetery.
History: L. 2000, ch. 43, § 1; July 1.
History: L. 1921, ch. 294, §§ 1 to 3; R.S. 1923, 80-1001 to 80-1003; Repealed, L. 1951, ch. 510, § 1; June 30.
History: R.S. 1923, 80-1004; Repealed, L. 1951, ch. 510, § 1; June 30.
History: L. 1923, ch. 242, § 1; R.S. 1923, 80-1005; Repealed, L. 1951, ch. 510, § 1; June 30.
History: L. 1899, ch. 277, § 1; R.S. 1923, 80-1101; L. 1947, ch. 479, § 1; L. 1965, ch. 547, § 1; L. 1967, ch. 509, § 1; Repealed, L. 2008, ch. 163, § 36; July 1.
Such disorganization of a township hereunder shall be effective upon the filing with the county clerk of such county the resignation of the elective incumbent officers of such township or, in any event, at the expiration of the term of office of such incumbents.
History: L. 1947, ch. 479, § 2; L. 2008, ch. 163, § 27; July 1.
History: L. 1899, ch. 277, § 2; R.S. 1923, 80-1102; L. 1965, ch. 547, § 2; Repealed, L. 1967, ch. 509, § 3; July 1.
If any such township so disorganized shall at the time of its disorganization have any indebtedness, the board of county commissioners shall provide for the payment thereof in the manner provided in K.S.A. 80-1103 and 80-1104, and amendments thereto. If such township has any bonded indebtedness the obligation shall remain a charge upon the territory of the disorganized township in accordance with the applicable provisions of K.S.A. 10-119, and amendments thereto. The effective date of such township disorganization, the provisions for the naming of townships, the determination of boundaries and polling places, the transfer of records, funds and property other than funds to pay indebtedness shall be determined as provided by the provisions of K.S.A. 80-1101a, and amendments thereto.
Any road construction and maintenance agreement which had been entered into between the township to be disorganized and the county under K.S.A. 68-572, and amendments thereto, shall terminate when money and equipment belonging to the disorganized township are delivered to the county.
History: L. 1967, ch. 509, § 2; L. 2008, ch. 163, § 28; July 1.
If any township so disorganized shall at the time of its disorganization have any indebtedness, it shall be the duty of the county commissioners of the county to provide for the payment of such outstanding indebtedness by making a levy of taxes therefor upon all real and personal property in the territory comprising such disorganized township at the time of its disorganization, which tax shall be entered by the clerk of the county on the tax roll the same as other taxes. No such levy shall exceed ten mills on the dollar of the assessed valuation in any one year; that the county treasurer shall keep the money collected from such township in a special fund, and the county commissioners are authorized to audit the floating indebtedness of said disorganized township, and issue warrants upon the funds thus provided in payment of said floating indebtedness.
History: L. 1899, ch. 277, § 3; R.S. 1923, 80-1103; L. 2008, ch. 163, § 29; July 1.
The books, papers, funds and any other assets belonging to such township so disorganized shall be delivered over by the officers thereof to the county commissioners, who shall dispose of said assets, and all money received therefor shall be included in the special fund provided for in K.S.A. 80-1103, and amendments thereto.
History: L. 1899, ch. 277, § 5; R.S. 1923, 80-1104; L. 2008, ch. 163, § 30; July 1.
Townships in counties containing a population of less than 3,000 inhabitants and in which there is no township indebtedness may be abolished and new townships created as in this act provided.
History: L. 1933, ch. 329, § 1; June 5.
History: L. 1933, ch. 329, § 2; L. 1981, ch. 173, § 81; Repealed, L. 2008, ch. 163, § 36; July 1.
History: L. 1933, ch. 329, §§ 3, 4; Repealed, L. 2008, ch. 163, § 36; July 1.
Two or more townships may consolidate into a single township which may be one of the consolidated townships or a new township to be formed by means of such consolidation. The members of the township boards or a majority of them on the respective boards shall by resolution declare such consolidation to be desirable and arrange for a meeting between the respective boards. Members of township boards may enter into an agreement signed by such members prescribing the terms and conditions of the consolidation and designate the officers of the township until new township officers are elected and take office as provided by law. Such resolutions of the agreement and consolidation duly certified by the respective township clerks shall be presented to the board of county commissioners of the county in which said townships are situated by delivering the same to the county clerk of said county. Within 10 days after such receipt by the county commissioners they shall call an election, noticed and called in the manner as bond elections under the general bond law in said townships for the purpose of approval or disapproval of agreement of consolidation. The ballot used in such elections shall conform to the provisions of K.S.A. 25-605, and amendments thereto, and the question shall be stated substantially as follows: "Shall the township of ______________ and the township of ______________ be consolidated into one township and the new township named ______________?" If a majority of the qualified electors in each township shall vote to consolidate, the board of county commissioners shall adopt a resolution certifying that the consolidation is in effect in accordance with the agreement and the respective townships shall thereupon be considered disorganized.
History: L. 1963, ch. 498, § 1; L. 2008, ch. 163, § 31; July 1.
Townships located in counties which have adopted the county unit road system as provided by K.S.A. 68-515b, and amendments thereto, or in townships having more than 200 residents may be disorganized and the territory or parts thereof attached to any other township or townships within such county which are contiguous with the township or any one of the townships being disorganized, in the manner hereinafter provided.
History: L. 1969, ch. 471, § 1; L. 2008, ch. 163, § 32; July 1.
Whenever the board of county commissioners of any such county shall determine that it is in the best interests of the inhabitants of any township or townships located within such county to disorganize the same, such board shall adopt a resolution stating its intentions to disorganize such township or townships and the attachment of the territory of the same to another township or townships within the county. Such resolution shall fix a time, which shall be not more than 40 days after the date of the last publication of such resolution, and a place, within such township or townships or at such other place within such county as shall be designated by the board of county commissioners, for the holding of a hearing or hearings upon the question of disorganizing such township or townships. Such resolution shall also contain a statement that unless a petition, signed by a majority of the electors of any township proposed to be disorganized opposing the disorganization of such township, is filed in the office of the county clerk within 30 days after the date of the last publication of such resolution, such township or townships will be disorganized. Such resolution shall be published once each week for two consecutive weeks in a newspaper having general circulation in the township or townships proposed to be disorganized and a copy thereof sent to the clerk of the township board of such township or townships.
If a petition in opposition is not filed in compliance with the provisions of this section, then the board of county commissioners shall adopt a resolution disorganizing such township, attaching the same or portions thereof as herein provided and make such order or orders as are authorized by this act.
History: L. 1969, ch. 471, § 2; L. 2008, ch. 163, § 33; July 1.
The disorganization of any township and the attachment of the territory thereof to another township or townships under the provisions of this act shall be effective for other than tax purposes upon the filing, with the county clerk of the county, of the resignation of the elective incumbent officers of such township or at the expiration of the term of office of such township officers and no officers shall be elected to succeed the officers of any township in office at the time of the disorganization of such township. The disorganization of any such township shall be effective for taxation purposes upon the date prescribed by K.S.A. 79-1807 and amendments thereto.
History: L. 1969, ch. 471, § 3; April 25.
All books, papers, records, moneys and other assets belonging to any township disorganized under the provisions of this act shall be delivered by the officers thereof to the board of county commissioners. The board of county commissioners shall dispose of any assets of such township and shall dispose of the proceeds thereof in the manner hereinafter provided. If any township shall at the time of its disorganization have any outstanding indebtedness, the board of county commissioners shall place any moneys together with the proceeds of any assets of such township into a special fund which shall be used for the purpose of paying such indebtedness. Moneys in excess of that required for the payment of outstanding indebtedness shall be disposed of in like manner as that provided for the disposal of moneys of townships having no outstanding indebtedness at the time of their disorganization. If any township shall at the time of its disorganization have no outstanding indebtedness, the board of county commissioners shall, if all of the territory of such township is attached to a single township, place all moneys and proceeds of assets to the disorganized township into the treasury of the township to which it is attached, or if the territory of such township is attached to two or more townships all moneys and proceeds of assets of the disorganized township shall be disposed of in the manner provided by K.S.A. 80-102.
History: L. 1969, ch. 471, § 4; April 25.
If any township disorganized under the provisions of this act shall at the time of such disorganization have any outstanding indebtedness, it shall be the duty of the county commissioners of the county to provide for the payment of all indebtedness other than bonded indebtedness by making a levy of taxes therefor upon all taxable tangible property within the territory comprising such township at the time of its disorganization in an amount which together with any moneys in the special fund created under the provisions of K.S.A. 80-1113 will be sufficient to pay such indebtedness. The bonded indebtedness of any township at the time of its disorganization under the provisions of this act shall be paid in the manner provided by K.S.A. 10-119.
History: L. 1969, ch. 471, § 5; April 25.
Whenever the disorganization of any township shall take effect for the purpose of taxation on the last day of December following such disorganization, the township board of the township to which such territory is attached shall, if the disorganization of such township shall become effective for other than tax purposes prior to the time fixed for the adoption of the budget of such township, adopt a budget and provide for the levy of taxes throughout the area of the township as it will exist on January 1, next following the adoption of such budget.
History: L. 1969, ch. 471, § 6; April 25.
Whenever the board of county commissioners of any county shall have adopted a resolution providing for the disorganization of any township under the provisions of this act and attachment of the territory thereof to another township or townships and the time for the filing of a petition in opposition thereto has expired, without the filing of a valid and sufficient petition in opposition thereto, prior to the date fixed by law for the filing of nomination papers by candidates for township offices, or prior to the date fixed for the holding of primary and general elections for the election of township officers, but the effective date for the disorganization of such township and the attachment of the territory thereof to another township shall not become effective until the expiration of the terms of office of the officers holding such offices, any qualified elector residing within the township being disorganized may become a candidate and may be nominated and elected to an office of the township to which the territory in which he or she resides shall be attached and made a part of at the time fixed by law for the taking and holding of such office. Any qualified elector residing within the township being disorganized may vote at such primary or general election for the election of township officers of the township to which the territory in which he or she resides shall be attached and made a part of at the time fixed by law for the taking of office by officers elected at such primary or general election.
History: L. 1969, ch. 471, § 7; April 25.
(a) If any township has no residents, as certified by the county clerk of the county in which such township is located, the board of county commissioners, by resolution, shall disorganize the township or consolidate the township with the next geographically closest township, within such county, having a functioning township board. Prior to the adoption of such resolution, the board of county commissioners shall conduct a public hearing on the advisability of adopting such resolution. Until such time as the disorganization or consolidation is completed, the board of county commissioners may exercise all of the statutory powers of the township board deemed necessary and advisable by such board of county commissioners.
(b) All books, papers, records, moneys and other assets belonging to any township proposed to be disorganized or consolidated under subsection (a) shall be delivered by the persons in possession thereof to the board of county commissioners. The board of county commissioners may dispose of any assets of such township in the manner provided by this section. If at the time of its disorganization or consolidation, the townships have any outstanding indebtedness, the board of county commissioners shall place any moneys together with the proceeds of any assets of such township into a special fund that shall be used for the purpose of paying such indebtedness. Moneys and assets in excess of that required for the payment of outstanding indebtedness either shall be transferred to the township with which the disorganized township is consolidated or, if the township is disorganized, such moneys shall be credited to the county general fund.
History: L. 2004, ch. 166, § 7; L. 2008, ch. 163, § 34; July 1.
From and after July 1, 2008: (a) The board of county commissioners may disorganize any township if any of the following apply:
(1) The number of residents in the township shall become less than 200;
(2) a vacancy exists in the office of township trustee, clerk or treasurer for two consecutive years; or
(3) the township fails to file an annual budget for two consecutive years.
The territory of any township disorganized under this section shall be attached to one or more townships which are contiguous to such township.
(b) The board of county commissioners desiring to disorganize a township under this section shall adopt a resolution stating the county is considering the disorganization of such township. The resolution shall:
(1) Give notice that a public hearing will be held to consider the disorganization and fix the date, hour and place of the public hearing. Unless the board determines adequate facilities are not available, the public hearing shall be held at a site located within such township. The site and time of the hearing shall be held at a location and time determined to be the most convenient for the greatest number of interested persons.
(2) A copy of the resolution providing for the public hearing shall be published in a newspaper of general circulation of the township.
(c) Following the public hearing the board may pass a resolution disorganizing the township and attaching the territory to one or more adjacent townships. The resolution shall be published once each week for two consecutive weeks in a newspaper of general circulation of the township. The resolution shall take effect 60 days after the final publication unless a petition signed by electors of such township equal in number to at least 10% of the electors who voted at the last general election is presented to the county clerk calling for an election on the issue. Such proposition may be submitted at the next general election held in such townships or at special elections called for that purpose by the board of county commissioners, and shall be submitted on a separate ballot in substantially the following form:
Proposition to consolidate__________________township with ______________________________ township(s).
(name of township)
(name of township or townships)
Yes ☐ No ☐
If a majority of the votes cast in such township in such election shall be in the affirmative, it shall be the duty of the board of county commissioners of such county to disorganize such township and attach the territory to such other township or townships. The expenses of such election shall be paid by the county from the county general fund.
History: L. 2008, ch. 163, § 26; May 29.
The township board of any township in this state, at any regular or special meeting, is hereby authorized to purchase material and to employ one or more suitable persons to destroy prairie dogs, moles and gophers within the limits of such township, any material so purchased and compensation for such services to be paid out of the general fund of such township.
History: L. 1901, ch. 273, § 1; R.S. 1923, 80-1201; L. 1965, ch. 548, § 1; June 30.
In addition to the duties now prescribed by law for township trustees, in counties infested by prairie dogs, they may do and perform the following services: That the township trustees of the several townships in this state infested by prairie dogs may enter upon the lands so infested in their respective townships and make diligent efforts to exterminate all prairie dogs thereon. For the purpose of enabling them to carry into effect the provisions of this act, the trustees are authorized and empowered to employ all such assistance and to purchase the poison or such appliances and material as they may deem necessary to exterminate such dogs. The work of such extermination shall all be done under the supervision and direction of the trustees: Provided, That in any county having a population of more than four thousand (4,000) and less than five thousand two hundred (5,200) which contains no city of the second class and not more than two (2) cities of the third class, the trustees shall before entering upon the lands give written notice to any landowner who shall fail or refuse to make use of the materials offered or provided, that unless he or she endeavors to control such prairie dogs according to the methods prescribed by the board of trustees will, within fifteen (15) days after the date specified in the notice enter upon his or her land and use the necessary materials to eradicate the prairie dogs thereon; and the trustees or their agents, may thereafter enter upon the land and proceed to eradicate such prairie dogs.
After eradication of such prairie dogs, the trustees shall immediately notify the landowner or landowners with an itemized statement of the costs thereof, and stating that unless such amount is paid within thirty (30) days from the date of the notice, that the amount shall become a lien upon their real estate. If such costs are not paid within thirty (30) days they shall be assessed against the property of the landowner and the township clerk shall, at the time of certifying other township taxes to the county clerk, certify the costs of such eradication and the county clerk shall extend the same on the tax roll of the township against such property and said costs shall be collected by the county treasurer and paid to the township as other township taxes are collected and paid.
History: L. 1909, ch. 181, § 1; L. 1919, ch. 315, § 1; R.S. 1923, 80-1202; L. 1965, ch. 548, § 2; L. 1969, ch. 472, § 1; L. 1972, ch. 384, § 1; March 20.
The trustees of the several townships infested by prairie dogs shall appear before the board of county commissioners of their respective counties at their annual meeting in August of each year, when they convene to make the annual tax levy, and make a report of the probable expense to exterminate the prairie dogs in their respective townships. And the commissioners of the respective counties, after receiving said reports, shall cause to be levied on real estate assessed for taxation in each township thus infested by prairie dogs the approximate amount estimated by the several trustees as herein provided, or any part thereof: Provided, however, That no assessment for this purpose shall be greater than seventy cents on each one hundred dollars valuation as herein provided.
History: L. 1909, ch. 181, § 2; April 3; R.S. 1923, 80-1203.
The trustees of each township and their assistants shall receive as compensation for their services for the time actually and necessarily employed. Such compensation shall be paid only out of the fund of the county created by this act for that purpose and shall be in an amount determined by the township board as provided by K.S.A. 80-207, and amendments thereto.
History: L. 1909, ch. 181, § 3; L. 1919, ch. 315, § 2; R.S. 1923, 80-1204; L. 1996, ch. 184, § 9; May 2.
The township trustees shall be the custodians of the fund created by this act, and disburse the same on vouchers audited by the township boards at their regular quarterly meetings and warrants drawn on the treasurer for the same: Provided, That no part of this fund shall be subject to the payment of claims other than those specified in this act.
History: L. 1909, ch. 181, § 4; April 3; R.S. 1923, 80-1205.
The county treasurers of the several counties of this state are hereby authorized and directed to pay over to the several township treasurers of their respective counties all the moneys collected for the purpose designated in this act, in the mode and manner as other township funds are paid over to said township treasurers.
History: L. 1909, ch. 181, § 5; April 3; R.S. 1923, 80-1206.
Whenever any township of this state shall have rid itself of the prairie dogs and there shall cease to be a necessity of any future procedure under this act (which question shall be determined by the board of county commissioners and the trustee of such township), the surplus fund, if any, in the hands of the township treasurers shall be merged into the general township funds of said townships and to be used for general township purposes.
History: L. 1909, ch. 181, § 6; April 3; R.S. 1923, 80-1207.
Any township trustee or board of county commissioners failing to perform any of the duties imposed upon them by this act shall be deemed guilty of a misdemeanor, and upon conviction thereof be subject to a fine of not less than fifty dollars nor exceeding one hundred dollars for each offense thus committed.
History: L. 1909, ch. 181, § 7; April 3; R.S. 1923, 80-1208.
History: L. 1886, ch. 166, §§ 1 to 4; R.S. 1923, 80-1301 to 80-1304; L. 1927, ch. 338, §§ 1 to 4; L. 1941, ch. 391, §§ 1 to 4; Repealed, L. 2008, ch. 163, § 36; July 1.
History: L. 1886, ch. 166, § 5; R.S. 1923, 80-1305; Repealed, L. 2008, ch. 163, § 36; July 1.
History: G.S. 1868, ch. 110, §§ 45 to 47; R.S. 1923, 80-1401 to 80-1403; Repealed, L. 1981, ch. 393, § 1; July 1.
No city of the first or second class shall be included within the corporate limits of any township. In the event any city of the first or second class has designated no ward or wards, the entire territory of such city shall be one ward until such city is divided into additional wards as provided by law.
History: G.S. 1868, ch. 110, § 48; R.S. 1923, 80-1404; L. 1941, ch. 392, § 1; L. 1968, ch. 274, § 48; April 30.
History: G.S. 1868, ch. 110, § 49; R.S. 1923, 80-1405; L. 1973, ch. 134, § 60; Repealed, L. 1974, ch. 446, § 27; July 1.
Whenever a minimum population or valuation within a township is a prerequisite for the residents thereof to obtain any permit or license, and the township once has the required population or valuation, heretofore or hereafter, the residents of the township shall continue to be eligible for the permit or license notwithstanding the township thereafter loses the required population or valuation because of annexation by a city of the first or second class.
History: L. 1965, ch. 554, § 1; June 30.
History: L. 1941, ch. 397, § 1; Repealed, L. 1947, ch. 480, § 1; June 30.
History: L. 1945, ch. 387, § 1; Repealed, L. 1977, ch. 349, § 3; July 1.
The township board of any township which did not make a tax levy for the township general fund in the year next preceding and which has a surplus of moneys in the general fund may transfer all or any part of such surplus to any other fund of the township upon the adoption of a resolution determining the existence of a surplus and authorizing the transfer of a specific amount of such surplus to a specified fund of the township. Upon the adoption of any such resolution, the township treasurer forthwith shall transfer said surplus funds in accordance therewith and if any such funds are still in the hands of the county treasurer, the county treasurer shall so transfer said surplus funds as directed by the township board in accordance with said resolution.
History: L. 1949, ch. 506, § 1; L. 1977, ch. 349, § 1; July 1.
(a) The provisions of this section shall only apply to a township which is located in a county having a population of less than 3,100 with an assessed taxable tangible valuation of not less than $14,000,000 nor more than $20,000,000 and which county is operating under the county road unit system.
(b) Whenever the clerk, treasurer and trustee of such township shall unanimously adopt a resolution declaring that a surplus of monies is on hand in the general fund of such township and further declaring that it would be to the best interests of said township to transfer such surplus of monies or any part thereof to the cemetery fund of such township and stating the exact amount in dollars that would be so transferred, the township treasurer is hereby authorized and directed to transfer the amount so determined from the township general fund to the township cemetery fund. Upon making such transfer the township treasurer shall notify the township clerk thereof who shall make the necessary changes in the records of his or her office to show such transfer.
History: L. 1957, ch. 536, § 1; June 29.
In any township having a township water system each member of the township board shall receive compensation for their services as such officers in the supervision of the operation of such water system.
The amount of such compensation shall be determined by the township board as provided by K.S.A. 80-207, and amendments thereto, shall be payable out of the operating receipts of such water system. If extensions have been made to such water system, whose revenues are maintained in a separate fund, such compensation shall be prorated between the original system and such extension in proportion to the gross annual receipts of such original system and extension for the preceding year.
History: L. 1941, ch. 310, § 1; L. 1943, ch. 322, § 1; L. 1945, ch. 379, § 1; L. 1951, ch. 511, § 1; L. 1965, ch. 549, § 1; L. 1996, ch. 184, § 10; May 2.
History: L. 1957, ch. 537, §§ 1, 2; Repealed, L. 1969, ch. 473, § 1; July 1.
Any township located in a county having a population of not less than ten thousand nor more than thirteen thousand and having an assessed tangible valuation of not less than twenty million dollars nor more than twenty-five million dollars, that has heretofore issued its bonds for the purpose of paying for the erection of a township hall, which township hall is located in a city of the third class, and the proceeds of such bond issue have been exhausted prior to the completion of said township hall, is hereby authorized to issue additional bonds of said township for the completion and equipment of such township hall building, in an amount not exceeding the sum of seven thousand five hundred dollars.
History: L. 1943, ch. 332, § 1; March 23.
The bonds authorized in K.S.A. 80-1408 shall be issued, sold, delivered, registered and retired in accordance with the provisions of article 1, chapter 10, of the Kansas Statutes Annotated, and any amendments thereto, except as herein specifically provided. Such bonds may be issued without the authority of an election.
History: L. 1943, ch. 332, § 2; March 23.
History: L. 1943, ch. 333, § 1; Repealed, L. 1949, ch. 497, § 1; June 30.
History: L. 1943, ch. 244, § 1; Repealed, L. 1947, ch. 480, § 1; June 30.
History: L. 1943, ch. 329, § 1; Repealed, L. 1947, ch. 480, § 1; June 30.
The township board of any township may, upon resolution adopted by a majority of the board, submit to the qualified electors of the township who reside outside of the corporate limits of any city, at any general election or special election called for that purpose as provided by law for bond elections, the question of levying a special tax of not to exceed ten mills for a specified number of years for the purpose of raising funds with which to improve township roads. The township board shall have the authority to call such elections. At such election the question on the ballot shall be stated in substantially the following form: "Shall ____________ township in ____________ county, Kansas, levy a tax of ______ mills for ______ year(s) to raise funds for the purpose of improving the township roads?" If a majority of those voting on such question shall vote in favor thereof the township board shall levy the tax as authorized on all the taxable tangible property in such township which has a tax situs outside the corporate limits of any city. Such levy shall be in addition to all other taxes authorized or limited by law.
In counties not operating under the county road unit system, the proceeds of such levy shall be used by the township board for the sole purpose of grading, sanding, graveling or otherwise improving township roads and shall first be used on township roads which are mail routes and on roads leading from mail routes to schools and cemeteries in the township. In counties operating under the county road unit system, the county treasurer shall place the proceeds of such levy in a special fund to be used by the board of county commissioners for the sole purpose of grading, sanding, graveling or improving roads in the township voting such levy and shall first be used on roads which are mail routes and on roads leading from mail routes to schools and cemeteries in the township.
History: L. 1945, ch. 280, § 1; L. 1947, ch. 481, § 1; L. 1980, ch. 327, § 2; July 1.
Any election which was held prior to the effective date of this act for the approval of a tax to be levied by Monmouth township, in Shawnee county, to raise funds for township road improvements in accordance with K.S.A. 80-1413 and which had notice thereof first published 17 days prior to the election instead of 21 days prior to the election is hereby validated. The Monmouth township board may levy the tax in the amount and for the purpose approved by the voters at the election.
History: L. 1983, ch. 339, § 1; February 24.
Any election which was held prior to the effective date of this act for the approval of a tax to be levied by Rossville township, in Shawnee county, to raise funds for township road improvements in accordance with K.S.A. 80-1413 and which had notice thereof first published 17 days prior to the election instead of 21 days prior to the election is hereby validated. The Rossville township board may levy the tax in the amount and for the purpose approved by the voters at the election.
History: L. 1983, ch. 339, § 2; February 24.
Any election which was held prior to the effective date of this act for the approval of a tax to be levied by Mission township, in Shawnee county, to raise funds for township road improvements in accordance with K.S.A. 80-1413 and which had notice thereof first published 17 days prior to the election instead of 21 days prior to the election is hereby validated. The Mission township board may levy the tax in the amount and for the purpose approved by the voters at the election.
History: L. 1983, ch. 339, § 3; February 24.
History: L. 1945, ch. 281, § 1; Repealed, L. 1969, ch. 474, § 1; July 1.
History: L. 1945, ch. 279, § 1; Repealed, L. 1969, ch. 474, § 1; July 1.
History: L. 1947, ch. 487, § 1; Repealed, L. 1969, ch. 474, § 1; July 1.
The governing body of any city of the third class having a population of not to exceed 300, located within a township having a township hall and in a county with a population of not less than 4,500 nor more than 5,500 is hereby authorized and empowered to enter into a contract with the township board of the township for the joint ownership, maintenance, repair, remodeling, and equipping of the township hall, but before such an agreement may be entered into, a petition signed by at least 50% of the residents of such city as determined by the total vote cast for secretary of state at the last preceding election, shall be submitted to the governing body of such city requesting that such a contract be entered into. When the governing body determines that such petition is proper, the governing body shall then adopt a resolution authorizing the city to enter into such a contract.
The township board, upon receipt of such resolution, shall meet and if determined that a contract should be entered into, the board shall adopt a resolution authorizing such contract. Thereafter, the governing body of the city and the township board are authorized to enter into a contract, which contract shall provide that the township hall shall be under the joint ownership of the city and township and shall be maintained, remodeled, equipped and kept in repair jointly by such township and city. The contract shall be approved by a majority of the governing body of the city and of the township board.
After the contract has been entered into, the township board is authorized and empowered to levy an annual tax of not to exceed two mills on the dollar on all of the taxable tangible property of such cities of the third class for the purpose of providing funds to be used for the maintenance, equipping, remodeling and repair of the township hall.
History: L. 1951, ch. 196, § 1; L. 1999, ch. 154, § 57; May 27.
Shawnee township, Mission urban township and cities in the county of Johnson having a common boundary with said Mission urban township are hereby designated as urban areas.
History: L. 1957, ch. 105, § 1; April 9.
History: L. 1959, ch. 181, §§ 1, 2; Repealed, L. 1968, ch. 55, § 28; April 30.
History: L. 1971, ch. 326, § 1; L. 1982, ch. 429, § 3; Repealed, L. 1996, ch. 184, § 15; May 2.
History: L. 1971, ch. 326, § 2; Repealed, L. 1996, ch. 184, § 15; May 2.
History: L. 1972, ch. 385, § 1; L. 1979, ch. 186, § 29; L. 1980, ch. 87, § 3; Repealed, L. 1988, ch. 261, § 48; April 14.
History: L. 1972, ch. 385, § 2; Repealed, L. 1988, ch. 261, § 48; April 14.
History: L. 1972, ch. 385, § 3; L. 1978, ch. 422, § 1; L. 1980, ch. 328, § 1; L. 1984, ch. 372, § 1; L. 1987, ch. 394, § 2; Repealed, L. 1988, ch. 261, § 48; April 14.
History: L. 1972, ch. 385, §§ 4, 5, 6; Repealed, L. 1988, ch. 261, § 48; April 14.
The board of township trustees of any township located in a county having a population of more than six thousand three hundred (6,300) and less than six thousand five hundred (6,500) and an assessed valuation of more than thirty-five million dollars ($35,000,000), may annually levy a tax of not to exceed two (2) mills for the purpose of creating a special fund for maintaining dams and other structures necessary for flood control. No such tax shall be levied unless and until the question of levying the same shall have been submitted to and approved by a majority of the qualified voters of such township voting thereon at a regular township election.
History: L. 1978, ch. 421, § 1; July 1.
(a) Any township may transfer all or any portion of any moneys or property, or the proceeds from the sale of property which the township receives by donation, contribution, gift, device or bequest to any of the following: (1) A Kansas not-for-profit corporation which is exempt from federal income taxation under the provisions of section 501(c)(3) of the internal revenue code of 1986, and amendments thereto which is located within the same county as the township; or
(2) any political or taxing subdivision located within the same county as the township.
(b) The transfer of moneys as provided in subsection (a) shall be authorized by the township board by passage of a resolution. The resolution shall state that the township board has determined that the money, property or proceeds from the sale of property are not required by the township to meet its obligations.
(c) The transfer of moneys or property or the proceeds from the sale of property as provided for in subsection (a) is hereby declared to be a public purpose.
History: L. 2007, ch. 39, § 1; July 1.
(a) Any township or county may join with a municipality in the maintenance of a fire department for the prevention and fighting of fires within their boundaries. The cost of equipment and maintenance, the payment of compensation to employees of the fire department, the rent or purchase of buildings shall be paid in such proportion as agreed upon by the parties. The governing body of the joint fire department may pay for the acquisition, installation or maintenance of one or more fire hydrants, or similar devices for fighting fires, including necessary equipment, services or supplies related thereto.
The acquisition, installation and maintenance shall be subject to the mutual agreement of the governing body of the fire department and the governing body of the rural water district which owns, operates or maintains the water line on which the fire hydrant, or other similar device for fighting fires, is to be installed. The supervision and control of the department shall be with the governing body of the municipality if the municipality joins with a township or county. The fire department members may be paid or may be volunteers and shall be subject to the limitations of this section and such rules and regulations as the municipalities adopt. Volunteer members may be paid compensation for fighting fires, responding to emergencies or attending meetings. Such departments, when organized, may incorporate as firefighters' relief associations, and such associations shall come within the purview and be subject to the provisions of and entitled to the rights under article 17, chapter 40, of the Kansas Statutes Annotated and amendments thereto.
(b) When a municipality and a township join, the agreements shall be entered into by the municipality by ordinance and by the township or county by resolution, and the agreement as set out in the ordinance and resolution shall be signed by the mayor of the city and attested by the city clerk and, in the case of a township shall be signed by the township trustee and attested by the township clerk and, in the case of a county shall be signed by the chairperson of the board of county commissioners and attested by the county clerk. The agreement shall state the amount each party shall contribute, the rules and regulations governing the department, and such other matter as may be necessary to specify the duties and responsibilities of the parties. The agreement may be amended or changed or added to by mutual agreement of the parties in the same manner as that in which the original contract was entered. Such agreement may be terminated if one party passes or adopts an ordinance or resolution declaring its intention to carry out the agreement no longer. When an agreement is terminated, one party may pay the other for its share of the equipment or apparatus or the apparatus may be sold. Any money in the treasury shall be divided pro rata as it was paid into the treasury. No election shall be required to authorize the township board, board of county commissioners or governing body of any municipality to enter into such agreement, but the township board, board of county commissioners or governing body of a municipality shall have the power to decide whether to enter into such contract.
(c) The governing body of any joint fire department created pursuant to this section may reorganize itself as a consolidated fire district in the manner provided for the consolidation of fire districts pursuant to K.S.A. 12-3910 et seq., and amendments thereto.
History: L. 1931, ch. 113, § 1; L. 1951, ch. 512, § 1; L. 1953, ch. 463, § 1; L. 1996, ch. 184, § 11; L. 1997, ch. 74, § 4; L. 2002, ch. 150, § 5; L. 2004, ch. 26, § 6; July 1.
(a) The governing body of any municipality may contract with any county, township or individual or group of individuals, firm or corporation whose property is situated outside the city limits, to furnish fire-fighting service to such county, township, individual, group of individuals, firm or corporation, upon such terms and for such compensation as may be agreed upon. The fire chief or person in charge of the fire department shall have the right in every case to determine whether or not the city can spare all or any portion of its fire equipment and firemen at that particular time.
(b) The compensation agreed upon in a contract pursuant to subsection (a) shall always be at least sufficient to pay the city for the reasonable use of equipment and for the cost of material used on the run and fighting the fire, to pay the firemen and to enable the city to carry a sufficient amount of insurance to indemnify it for loss or damage to any fire-fighting equipment, or injury or damage to person or property (if the city be actually liable therefor). All such contracts shall be made by ordinance. The compensation agreed upon shall be a legal charge and collectible by the municipality rendering the service in any court of competent jurisdiction.
History: L. 1931, ch. 113, § 2; L. 1951, ch. 512, § 2; L. 1979, ch. 186, § 30; July 1.
(a) Townships are hereby authorized and empowered to levy a special tax not to exceed one mill on all tangible property in the township not including a corporate city in a sufficient amount to join with a municipality or township for the purposes as provided in K.S.A. 80-1501, and amendments thereto, or to pay the compensation agreed upon by contract under authority of K.S.A. 80-1502, and amendments thereto.
(b) The township board, by adopting the appropriate resolution, may levy a tax of more than one mill for the purposes authorized by subsection (a). Any resolution increasing the amount of the tax currently levied by the township board and any subsequent increase thereof shall be published once each week for two consecutive weeks in a paper of general circulation within the township. The township board may make such levy unless, within 30 days following final publication of the resolution, a protest petition signed by 10% of the qualified voters of the township is filed with the township clerk. If a sufficient petition is filed, such additional tax shall not be levied until approved by a majority of the voters voting at an election thereon. Such election shall be called and held in the manner provided by the general bond law. If a levy is imposed pursuant to this subsection, no other levies for the purposes authorized by subsection (a) shall be made on such property.
(c) Counties are hereby authorized and empowered to levy an annual tax on all the taxable tangible property in such county for the purposes as provided in K.S.A. 80-1501, and amendments thereto, or to pay the compensation agreed upon by contract under authority of K.S.A. 80-1502, and amendments thereto, and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county.
History: L. 1931, ch. 113, § 3; L. 1951, ch. 512, § 3; L. 1953, ch. 463, § 2; L. 1955, ch. 438, § 1; L. 1957, ch. 523, § 1; L. 1979, ch. 52, § 199; L. 1984, ch. 373, § 1; L. 1996, ch. 184, § 12; L. 1999, ch. 154, § 58; May 27.
All municipal firemen, full paid or volunteer, attending and serving at fires outside the limits of the city, as provided by K.S.A. 80-1502, after being ordered or requested to do so by the fire chief or person in charge of the fire department, as authorized in this act, shall be considered as serving in their regular line of duty as fully as if they were serving within the limits of their own municipality, but full-paid firemen shall receive no additional compensation and volunteer firemen shall receive only such compensation as may be provided by ordinance for such cases, and all such firemen shall be entitled to all the benefits of any pension fund, firemen's relief fund or workmen's compensation the same as if the fire had been inside the city.
History: L. 1931, ch. 113, § 4; May 28.
History: L. 1931, ch. 113, § 5; Repealed, L. 1978, ch. 423, § 2; July 1.
History: L. 1931, ch. 113, § 6; Repealed, L. 1972, ch. 157, § 20; July 1.
Whenever fifty-one percent of the resident property owners of any territory adjacent to, or within a radius of seven miles of a city shall petition for the creation of a benefit district for the purposes of this act, it shall be the duty of the township boards of the townships in which said benefit district is located to organize such benefit district and to define the limits thereof as set forth in said petition. If said benefit district is located entirely within one township, the township board, and where said benefit district is located in two or more townships, the township trustees of said townships shall constitute the board of directors of said benefit district and shall be authorized to execute contracts in accordance with the purposes of this act for said district.
History: L. 1937, ch. 377, § 1; L. 1949, ch. 498, § 1; June 30.
Any such benefit district is hereby authorized to contract with the governing body of any municipality for the furnishing of fire-fighting service within said district by said municipality under the same terms and conditions as is provided in K.S.A. 80-1502, 80-1504, 80-1505 and 80-1506.
History: L. 1937, ch. 377, § 2; June 30.
The township board shall annually levy a tax upon the tangible taxable property in such benefit district and within the township sufficient to pay the compensation agreed upon in the contract with the municipality.
History: L. 1937, ch. 377, § 3; L. 1949, ch. 498, § 2; L. 1999, ch. 154, § 59; May 27.
History: L. 1939, ch. 349, § 1; L. 1941, ch. 393, § 1; L. 1943, ch. 323, § 1; L. 1945, ch. 380, § 1; L. 1947, ch. 482, § 10; Repealed, L. 1969, ch. 475, § 1; July 1.
History: L. 1947, ch. 488, § 1; L. 1951, ch. 513, § 1; Repealed, L. 1969, ch. 475, § 1; July 1.
The township board of any township located in a county having a population of not less than fourteen thousand (14,000) and not more than sixteen thousand five hundred (16,500), with an assessed taxable tangible valuation of not less than thirty-three million dollars ($33,000,000) and not more than thirty-seven million dollars ($37,000,000), may contribute annually not to exceed the sum of two hundred fifty dollars ($250) to an incorporated volunteer fire fighting organization which will provide fire fighting service in such township. Any such township board may enter into a contract for such fire fighting organization for the furnishing of fire fighting services in such township. The annual contribution herein authorized shall be paid from the general fund of the township. Expenditures authorized by this section may be made during the calendar year 1959, even though such expenditures were not included in the budget covering such period.
History: L. 1959, ch. 411, § 1; March 21.
Subject to the provisions of K.S.A. 19-270, the township board of any township having a population of more than 10,000 outside the limits of any incorporated city may create a fire district as provided herein, which fire district may include a part or all of the township outside of the limits of any incorporated city and of any other previously established fire district. Upon the filing with a township board of a petition signed by not less than 200 qualified electors within the limits of the fire district sought to be created, the township board, within 30 days after such filing, shall set a date for a public hearing upon the petition and give notice of such hearing by publication for three successive weeks in a newspaper of general circulation in the township.
Any such fire district may include territory within the boundaries of an incorporated city if the owners of not less than 51% of the area of the land in such territory within such incorporated city to be included in the fire district shall sign and file with the township board a statement assenting to the inclusion of such city territory in the fire district. The date of the hearing shall be not more than 10 days after the date of the last publication. Upon the hearing, or within 30 days thereafter, the township board shall either approve or reject the petition as filed or may modify the proposed fire district by excluding certain areas from the proposed district and approve the petition as modified. The action of the township board shall be by resolution which shall be published once in a newspaper of general circulation in the township.
History: L. 1947, ch. 482, § 1; L. 1953, ch. 465, § 1; L. 1957, ch. 524, § 1; L. 1986, ch. 70, § 34; May 15.
Any land located within an improvement district created pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or any land located within an industrial district created pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall not be included within the boundaries of any fire district created pursuant to K.S.A. 80-1512 et seq., and amendments thereto, unless the governing body of such improvement district or industrial district approves the inclusion thereof.
Nothing in this section shall be construed as providing a procedure for the detachment or deannexation of land located within the boundaries of a fire district.
History: L. 1997, ch. 143, § 20; May 8.
(a) In the event the township board approves the creation of the fire district either as petitioned for or as modified, any landowner within such district, within 30 days after such publication, may appeal from the action of the township board to the board of county commissioners of the county in which the township is located. Such appeal shall be in writing and shall state the objections to the action of the township board and a copy thereof shall be filed with the township board. Within 30 days after the filing of such an appeal, the board of county commissioners shall fix a time and place for hearing the appeal and give notice thereof by publication for two weeks in a newspaper of general circulation in the township. The date of the hearing shall be not more than 10 days after the date of the last publication, nor more than 60 days after the filing of such appeal. At such hearing or within 10 days thereafter the board of county commissioners shall either approve or reject the creation of the fire district as fixed by the township board or may modify the same by excluding certain areas therefrom.
(b) If any territory included in any fire district created under the provisions of this act is thereafter included within the corporate limits of any city, such territory shall continue to be within and a part of the fire district. Subject to the provisions of K.S.A. 19-270, if any such fire district is located in a county having a population of not less than 90,000, and in which there is a city of the first class having a population of less than 50,000, new lands may be included in the district whenever a petition requesting such inclusion is filed with the governing body of the district, signed by the owners, whether residents of the county or not, of at least 10% of the area of the lands sought to be included, which petition shall conform, as near as may be possible, to the petition required for the organization of a fire district. If the governing body shall find the petition is sufficient, the governing body may adopt and publish a resolution attaching the lands described in the petition to the fire district. The resolution shall be published once each week for two consecutive weeks in a newspaper of general circulation in the area where the lands are located, and if within 30 days after the last publication thereof, a petition protesting the inclusion of such lands, signed by the owners, whether residents of the county or not, of more than 19% of the area of the lands sought to be included in the fire district is filed with the governing body, the resolution shall have no force or effect. If such a protest petition shall not be filed within the time, the resolution shall become final, and the lands shall be deemed attached to the fire district. Any such fire district may include land or territory within the boundaries of an incorporated city, but only with the approval of such city. In any such case the governing body shall declare the new boundary of the district by the adoption and publication of a resolution in like manner as the boundaries were declared at the time of the original organization thereof.
(c) All territory which was a part of a fire district when created under the authority of this act and which was thereafter annexed by a city maintaining a fire department shall be, and hereby is, removed from such fire district if the same was or is in a township located in a county having a population of more than 138,000 and less than 175,000, and such territory shall be under the jurisdiction of the city which annexed the territory and shall be served by fire protection services of such city. Such territory shall continue to be liable for the payment of any outstanding bonded indebtedness existing at the time that this act becomes effective. From and after the effective date of this act, any territory in a fire district created under the authority of this act, located in a township as described in this subsection, shall no longer be a part of the fire district after the effective date of such annexation; however, such territory shall continue to be liable for the payment of any outstanding bonded indebtedness existing at the time of the effective date of such annexation. Such territory shall be under the jurisdiction of the city so annexing and such city shall provide fire protection to such newly annexed territory from and after the date such annexation becomes effective.
History: L. 1947, ch. 482, § 2; L. 1949, ch. 499, § 1; L. 1953, ch. 466, § 1; L. 1957, ch. 525, § 1; L. 1961, ch. 465, § 1; L. 1979, ch. 75, § 9; L. 1986, ch. 70, § 35; May 15.
The township board shall be the governing body of any fire district created hereunder except that if in any such fire district a major portion of its territory is within the limits of one or more cities and all of the territory of such fire district is located in one county commissioner district, the governing body of such fire district shall be a board of three members to be appointed by the county commissioner of the district in which such fire district is located and who shall hold office for a term of three years, except that the members of the first board appointed shall hold office for terms as follows: One for a term of one year, one for a term of two years, and one for a term of three years, and the county commissioner when he or she appoints the members of the first board shall designate the term which each is to serve and he or she shall appoint the members of the first board within thirty days after this act takes effect; and in the case of a vacancy in the membership of the board occurring before the expiration of the term, a successor shall be appointed in like manner as regular appointments are made and the member so appointed shall serve for the remainder of the unexpired term; and no person shall be eligible to be appointed a member of the board unless he or she is a legal elector residing in such fire district; the members of the governing body shall receive no compensation for their services but they shall be allowed their actual expenses incurred in the performance of their official duties.
History: L. 1947, ch. 482, § 3; L. 1953, ch. 466, § 2; L. 1979, ch. 75, § 10; July 1.
Upon the creation of a fire district under the provisions of K.S.A. 80-1512 et seq., the governing body shall have the authority to:
(a) Enter contracts;
(b) acquire and dispose of real and personal property;
(c) acquire, construct, reconstruct, equip, operate, maintain and furnish buildings to house fire fighting equipment;
(d) acquire, operate and maintain fire fighting equipment;
(e) issue bonds as provided in this act;
(f) pay compensation and salaries to fire district employees;
(g) pay compensation to volunteer members of the fire district for fighting fires, responding to emergencies or attending meetings;
(h) exercise eminent domain;
(i) pay the operation and maintenance expenses of the fire district and other expenses legally incurred by the fire district;
(j) pay for the acquisition, installation or maintenance of one or more fire hydrants, or similar devices for fighting fires, including necessary equipment, services or supplies related thereto.
The acquisition, installation and maintenance shall be subject to the mutual agreement of the governing body of the fire district and the governing body of the rural water district which owns, operates or maintains the water line on which the fire hydrant, or other similar device for fighting fires, is to be installed; and
(k) do all other things necessary to effectuate the purposes of this act.
History: L. 1979, ch. 75, § 7; L. 1992, ch. 132, § 3; L. 2002, ch. 150, § 6; L. 2004, ch. 26, § 7; July 1.
The governing body of any fire district created under the provisions of K.S.A. 80-1512 et seq. shall have the authority to issue general obligation bonds under the provisions of the general bond law except that before any bonds are issued, the governing body shall publish once in a newspaper of general circulation within the district a notice of its intention to issue such bonds and stating the purpose for which such bonds are to be issued and the amount thereof. If within sixty (60) days after the date of publication of such notice, a petition signed by not less than five percent (5%) of the qualified electors residing in such district is filed with the county election officer, no bonds shall be issued until approved by a majority of the qualified electors residing in the district voting at an election called and held therefor. At no time may the aggregate amount of outstanding bonds issued under this section exceed five percent (5%) of the assessed valuation of tangible property within the district.
The governing body of any such fire district shall also have the authority to issue no-fund warrants in the manner prescribed in K.S.A. 79-2940. All such warrants and interest thereon may be payable in approximately equal installments over a period of not to exceed five years from the first day of July following their issuance. The governing body shall make a levy at the first tax levying period after such warrants are issued sufficient to pay such warrants and the interest thereon as may be required during the budget year.
History: L. 1979, ch. 75, § 8; July 1.
History: L. 1947, ch. 482, § 4; L. 1953, ch. 466, § 3; L. 1970, ch. 64, § 92; L. 1978, ch. 99, § 36; Repealed, L. 1979, ch. 75, § 17; July 1.
The governing body shall have full direction and control over the operation of such district fire department, and may select regular employees, provide for their compensation, and furnish quarters for such employees if deemed desirable; and may also provide for the organization of volunteer members of such department, to be compensated at a specified rate when attending fires, and may provide special clothing and equipment for such employees and volunteers, and may insure such employees and volunteers against accidental death and injury in the performance of their duties, and may do all other things necessary or desirable to maintain and operate such department so as to furnish fire protection for the inhabitants of such district.
History: L. 1947, ch. 482, § 5; L. 1953, ch. 466, § 4; July 1.
The governing body of the fire district may enter into contracts with cities, and other fire districts or townships whether within or without the county or state for cooperation between the fire departments of the respective cities, districts and townships and may include in such contracts provisions by which the fire department of such cities, townships or other districts will furnish fire protection to a part of the fire district in question in consideration of cash payments or reciprocal services and the governing body of the fire district may also include in such contracts provisions to provide, furnish, and pay for a bond, in such amount as shall be agreed upon, to indemnify any such other city, fire district or township against any loss which it may sustain as the result of damage to property or injury to persons arising out of the furnishing of fire protection services to such fire districts: Provided, That the township or district shall not be liable in any way for the failure of the district fire department to attend a fire or to put out a fire or for any other reason, but the district fire department, subject to the conditions of this act, shall make a reasonable effort (road and weather conditions permitting) to attend outside fires: Provided, The supervision and control of the district fire department shall always be with the governing body of the fire district: And provided further, That the fire chief or person in charge of the district fire department shall have the right in every case where a contract exists for reciprocal service, to determine whether or not the district can spare all or any portion of its fire equipment and firemen at that particular time.
The township and district and the officers and firemen of the district fire department and any city, other fire districts or townships which have agreed to furnish fire protection to all or any part of said fire district and the officers and firemen of such other cities, townships and fire districts shall have all the privileges, immunities and exemptions conferred upon cities and townships and their fire departments by K.S.A. 12-111.
History: L. 1947, ch. 482, § 6; L. 1953, ch. 466, § 5; July 1.
District fire departments shall have the right of way on public highways, both inside and outside city limits, when going to or returning from a fire when operating under this act: Provided, The vehicle is equipped with a fire siren in good working order and the siren is sounded at frequent intervals and always two hundred feet before reaching any intersection of highways: And provided further, Such vehicle is painted red. Such right of way shall also extend to the use of the highway when fighting fires.
History: L. 1947, ch. 482, § 7; April 4.
History: L. 1947, ch. 482, § 8; Repealed, L. 1972, ch. 157, § 20; July 1.
The governing body of any fire district operating under the provisions of this act other than fire districts located in counties having a population of more than sixty thousand (60,000) and not more than one hundred thousand (100,000) shall have the power to levy a tax of not to exceed five (5) mills and the governing body of fire districts in counties having a population of not less than sixty thousand (60,000) and not more than one hundred thousand (100,000) shall have the power to levy a tax not to exceed six (6) mills. Such taxes shall be levied upon all property, real and personal, having a tax situs in the district and the proceeds thereof shall be used only for the purpose of paying the expenses of operating and maintaining a fire department and other legal expenses of the fire district which tax levy shall be in addition to all other tax levies authorized or limited by law: Provided, That no other levies for fire department purposes shall be made on such property.
The governing body of any fire district all of the territory of which is located within a county which has been designated an urban area in accordance with the provisions of K.S.A. 19-2654 may levy a tax each year of not to exceed seven and one-half (7 ½) mills upon the taxable tangible property of the district for the purpose of paying the expenses of operating and maintaining a fire department and other legal expenses of the fire district, which tax levy shall be in addition to all other tax levies authorized or limited by law: Provided, That no other tax levy for fire department purposes shall be made on such property.
No such increase in the tax levy authorized by this section shall be made under the provisions of this section until a resolution authorizing such increased levy is adopted by the township board and published once each week for two (2) consecutive weeks in the official county paper of the county in which such township is located. Whereupon, such levy may be made unless a petition in opposition thereto signed by not less than five percent (5%) of the qualified electors of the fire district, as determined by the vote for secretary of state at the last preceding general election, is filed with the county election officer within sixty (60) days following the last publication of the resolution of the board. In the event such a petition is filed, it shall be the duty of the county election officer to submit the question to the voters of the fire district at an election called for such purpose or at the next general election. If no petition is filed, or if the question is submitted on a question submitted ballot and those voting on the question shall vote in favor of such tax levy, the township board is authorized and empowered to make such tax levy.
History: L. 1947, ch. 482, § 9; L. 1953, ch. 466, § 6; L. 1969, ch. 476, § 1; L. 1973, ch. 408, § 1; July 1.
In the event that the governing body of any existing fire district is changed by the provisions of this act, the governing body of the fire district in office at the time this act takes effect shall continue in office and continue to exercise their powers until the members of the new governing body are appointed and have qualified.
History: L. 1953, ch. 466, § 7; July 1.
When any township has joined with a city in maintaining a fire department under the provisions of K.S.A. 80-1501, or when any township has entered into a contract with a city whereby such city agrees to furnish fire-fighting service to the township under the provisions of K.S.A. 80-1502, and the fire-fighting apparatus of the joint department or the fire-fighting apparatus of the city in the case of the contract for service is inadequate properly to service both the city and the township, the township board may adopt a resolution describing the situation which exists and the advisability of acquiring additional fire-fighting apparatus and providing for the submission to the qualified electors of the township who reside outside of the corporate limits of such city at a general election or special election the question of voting bonds for fire-fighting apparatus.
Notice of the election shall be as provided by the general bond law, and the election conducted as therein provided. At such election the question on the ballot shall be stated substantially as follows: "Shall ______________ township in ______________ county, Kansas, issue bonds under the provisions of (citing this act) in a sum not exceeding ______________ dollars ($________) for the purpose of purchasing fire-fighting apparatus?" The judges of the election shall have the power to determine the residence qualifications of voters under this act. If a majority of those voting on the question shall vote in favor thereof the township board shall have authority to issue the bonds in the manner provided by law and purchase the fire-fighting apparatus. Such bonds shall be issued to mature in not more than ten (10) installments of approximately equal amounts each year and the last installment shall mature not more than eleven (11) years after the date of issuance. The tax levies to pay such bonds and the interest thereon shall apply to the taxable tangible property in the township outside of such city.
History: L. 1953, ch. 464, § 1; June 30.
Where the fire department is a joint department, the fire-fighting apparatus purchased by the township shall be housed and operated the same as fire-fighting apparatus purchased by the city. Where the township has a contract with a city, the fire-fighting apparatus shall be housed by the city and operated by the city fire department and said fire-fighting apparatus may be used within the city or the township the same as the fire-fighting apparatus owned by the city or beyond the territorial limits of the city or township as authorized by K.S.A. 12-111.
History: L. 1953, ch. 464, § 2; June 30.
This act and all parts thereof shall only apply to any township in this state having a population of 17,500 or more and an assessed valuation on tangible property in excess of $30,000,000 in current or last taxable year where any such township touches or any line of boundary thereof abuts any part of a city of the first class having a population in excess of 100,000 people, which city also has a municipal water and light plant operated by a board of public utilities. The township board of any such township is authorized to designate, organize and fix the boundaries of special fire protection districts wherein properties predominately used for industrial purposes constitute in the aggregate more than ⅔ of the assessed valuation on tangible property of any such township in the current or last taxable year within such special fire protection district, and such township boards are further authorized to make provision for and to provide extra equipment and additional fire protection at the sole cost of taxpayers in such special districts, subject to the limitations and other provisions of this act.
History: L. 1959, ch. 412, § 1; L. 1986, ch. 70, § 36; May 15.
Any land located within an improvement district created pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or any land located within an industrial district created pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall not be included within the boundaries of any fire district created pursuant to K.S.A. 80-1524 et seq., and amendments thereto, unless the governing body of such improvement district or industrial district approves the inclusion thereof.
Nothing in this section shall be construed as providing a procedure for the detachment or deannexation of land located within the boundaries of a fire district.
History: L. 1997, ch. 143, § 21; May 8.
A township board as referred to herein means the township trustee, township clerk and township treasurer acting as a board.
History: L. 1959, ch. 412, § 2; June 30.
Subject to the provisions of K.S.A. 19-270, whenever 40 or more industries and taxpayers located in any township covered by the provisions of this act are actively operated in an industrial area or district of such township, which by character and location are predominately industrial and used for industrial purposes, and such industries or more than 60% thereof are members of an incorporated, nonprofit association organized under the laws of this state to objectively plan for the safety, good order and welfare of industries and employees thereof in the industrial area or district of such township, such incorporated association or any other organized group representing 60% of the operated factories and warehouses therein or a majority of industries in any proposed special fire protection district of any such township, may petition separately or together, the township board to designate, organize and fix the official boundary of a special fire protection district in such township. Such petition shall be in writing and signed by a majority of the industries or by an incorporated industrial association as hereinbefore set out or any organized group representing more than 60% of the factories and warehouses operating and located in proposed special fire protection district as herein set out and further reciting and showing by such petition in writing the name under which special fire protection district should be known, if authorized.
All such petitions also shall describe the land included in the special district, to which a map shall be attached showing each tract of land in the boundary of the special district to correspond with the records of the county clerk of the county in which such township is located. If such petition is signed by an incorporated industrial association or organized group as representatives of operated factories and warehouses, the names of the industries and taxpayers so represented shall be shown.
History: L. 1959, ch. 412, § 3; L. 1986, ch. 70, § 37; May 15.
Upon the filing of such petition with any such township board to create a special fire protection district within the township, it shall be the duty of the township board to set a date for a hearing of such petition at a designated place in such township and insert one (1) publication in a newspaper of general circulation within such township at least three (3) weeks before date of public hearing by the township board and such hearing shall be held within thirty (30) days from date of such publication or finding by the township board that such petition conforms to the provisions of this act. All taxpayers within such township are entitled to be heard at such public hearing.
History: L. 1959, ch. 412, § 4; June 30.
Following such publication and public hearing and being fully informed in the premises, it is the duty of the township board of such township to find and determine the desirability and need, if any, for proposed special fire protection district to protect special industrial facilities in such township and in the event it is found and determined by the township board that all of the industrial properties of operated industries within the boundaries of proposed special fire protection district have attained and constitute two-thirds of the assessed valuation on tangible property in such township in the current or preceding tax year and by reason of the height of combustible buildings and the congregation of industries within industrial areas and also in proposed special fire protection district of such township board and further finding by such township board that the existing fire fighting equipment is not adequate and the township has no means to provide needed equipment to properly protect such industrial properties beyond the capacity of established fire stations then maintained at the expense of all taxpayers in the township, including such industrial properties, then it becomes the duty of such township board to fix a budget for the purchase of auxiliary or additional equipment and employment of personnel to operate such equipment within the proposed special fire protection district, together with all needed and necessary expenses to be incurred on any annual basis, to supplement and specially protect such industrial facilities from hazard of fire in addition to the fire station or stations maintained for the protection of all properties in the township.
When a budget has been prepared showing the cost of purchasing necessary fire fighting equipment, employment of necessary personnel and all cost of operation of proposed services in the special fire protection district of such township, the township board shall post a notice or notices in conspicuous places in the proposed special district and thereby designate and fix the time and place in the proposed special district for a public meeting, to which all parties signing said petition, together with all taxpayers within such proposed special fire protection district, will be advised by the township board about the annual cost or estimated expense of furnishing proposed auxiliary fire protection service and services within such special district. Taxpayers within the proposed special district may be heard at such meeting.
History: L. 1959, ch. 412, § 5; June 30.
Following the two (2) hearings and meetings as hereinbefore set out, the township board shall promptly designate, organize and fix the boundaries of the special fire protection district, or deny the petition. The official decision and order of the township board shall be entered on the records of the township and certified copy thereof, together with map and description of such special fire protection district shall be filed in the office of the county clerk of the county in which such township is located. If any taxpayer of any organized special fire protection district desires to appeal from the order of the township board, same may be accomplished by filing notice of appeal within five (5) days from date of order of the township board with such township and such county clerk and the grievance, if any, of such taxpayer shall be passed on and decided by the board of county commissioners of the county in which such township is located.
History: L. 1959, ch. 412, § 6; June 30.
When any special fire protection district of such township has been organized under the provisions of this act, the township board thereof shall govern the conduct and operation of such auxiliary fire department, including selection and appointment of personnel, purchase of special equipment to fight fires in such industrial areas of the township and generally assume responsibility therefor. Such township board shall keep records and accounts applicable to such special districts which will be segregated from the operation and expenses of other fire departments maintained by all taxpayers in such township, including all industrial properties, and only charges and expenses pertaining to auxiliary fire protection shall be charged to such special fire protection district of such township. In addition to the powers provided for in this section, the township board shall have any powers granted to a fire district under K.S.A. 80-1514a. The township board shall also have the authority to issue general obligation bonds and no-fund warrants under the provisions of K.S.A. 80-1514b.
History: L. 1959, ch. 412, § 7; L. 1979, ch. 75, § 11; July 1.
The salaries for each class of firefighters, supervisor, pension, vacation pay and other benefits in any special fire protection district shall correspond with and equal the payments made for like services in the conduct of other fire departments of such township, including hours of employment. If volunteer fire fighters are deemed advisable by the township board of such township in any special district, such board shall arrange training, drills, pay compensation to such volunteers for fighting fires, responding to emergencies or attending meetings, insurance and accept full responsibility therefor and charge applicable portion thereof to the special district herein authorized.
History: L. 1959, ch. 412, § 8; L. 2002, ch. 150, § 13; July 1.
The first annual budget for auxiliary fire services, equipment and expenses in such special fire protection district adopted by such township board shall be adhered to and similarly and each year thereafter the township board of such township shall post notices and conduct meetings in such special district with the taxpayers therein for the purpose of fixing each annual budget in accordance with known needs in such special fire protection district.
History: L. 1959, ch. 412, § 9; June 30.
Any township board of such township is hereby authorized to levy not to exceed two (2) mills on each dollar of the assessed valuation of taxable property, real and personal, in any special fire protection district organized under the provisions of this act and also to certify authorized levy of taxes in such district to the county clerk of the county in which such township is located for collection of the taxes levied for such purposes. Such special levy shall be in addition to all other levies authorized or limited by law: Provided, That payment of such special levy of taxes for special purposes will not exempt such taxpayer from payment of general levy made throughout such township for fire protection purposes.
History: L. 1959, ch. 412, § 10; June 30.
If any emergency exists or is threatened or other circumstances occur which in the judgment of the township board of such townships warrants summary action in advance of the levy and collection of taxes in any organized special fire protection district of such township, such township board is authorized to lease special equipment for fire protection under agreement whereby rental thereon will be paid by future collection of taxes in such special fire protection districts. If the lease of such equipment is not practical or satisfactory terms are unobtainable, the township board may hold meetings with interested industries in such special district and if found that all or a large majority of such taxpayers prefer, the board is authorized to forthwith issue and sell no-fund warrants of such special fire protection district under the provisions of K.S.A. 80-1514b.
History: L. 1959, ch. 412, § 11; L. 1979, ch. 75, § 12; July 1.
Any township located in a county having a population of more than fifteen thousand (15,000) and less than twenty thousand (20,000), which county has an assessed tangible valuation of more than fifty million dollars ($50,000,000), may join with a city of the third class in such county in the purchase of a fire truck and equipment therefor for use in such township and city and to provide for the building and maintenance of a garage to house the same, and to issue and sell no-fund warrants in the amount not to exceed a total of ten thousand dollars ($10,000) for the purpose of raising funds to pay the cost thereof. Such township shall levy a tax sufficient to retire said warrants and the interest thereon on the property described in K.S.A. 80-1537 within not to exceed three (3) years after the issuance of such warrants.
History: L. 1961, ch. 467, § 1; April 19.
Said township and city may by agreement organize a fire department or company. The agreement shall provide the rules and regulations governing the fire department or company and such other matters as may be necessary to fully set out the duties and responsibilities of the parties. Such agreement may be amended, changed or added to by mutual agreement from time to time, and such agreement shall continue until one party adopts a resolution or an ordinance declaring its intention to carry out such agreement no longer. When an agreement is dissolved, one party may pay the other for its share of the equipment or apparatus or the apparatus may be sold. Any money in the treasury shall be divided pro rata as it was paid in. No election shall be required to authorize the township and city to enter into such agreement, but the township board and governing body of the city shall have the power to decide whether to enter into such agreement.
History: L. 1961, ch. 467, § 2; April 19.
Annual tax levies may be made by such township on all the taxable tangible property of the township, including such property of the city which is a party to such agreement.
History: L. 1961, ch. 467, § 3; L. 1970, ch. 385, § 7; L. 1999, ch. 154, § 60; May 27.
As used in K.S.A. 80-1539: The term "township board" means the township trustee, township clerk and township treasurer of any township located in a county having a population of not less than seventy-five thousand (75,000) nor more than one hundred fifty-five thousand (155,000) acting as a board.
History: L. 1963, ch. 478, § 1; June 30.
The township board of any such township maintaining a fire department may contract with any township board to furnish fire fighting service to such township upon such terms and for such compensation as may be agreed upon by the township boards of such townships: Provided, The township furnishing fire protection to another township shall not be liable in any way for the failure of the fire department to attend a fire, or to put out a fire or for any other reason, but the fire department, subject to the conditions of this act, shall make a reasonable effort (road and weather conditions permitting) to attend fires outside said township and within the township with whom such contract for fire protection is made: Provided, The fire chief or person in charge of the fire department shall have the right in every case to determine whether or not the township furnishing the fire protection can spare all or any portion of its fire fighting equipment and firemen at that particular time: Provided further, That the compensation shall always be at least sufficient to pay the township furnishing fire fighting service for the reasonable use of equipment and for the cost of material used on the run and fighting the fire, to pay the firemen and to enable the township furnishing the fire fighting service to carry a sufficient amount of insurance to indemnify it for loss or damage to any fire fighting equipment or injury or damage to person or property (if the township furnishing the fire fighting service be actually liable therefor): Provided further, All such contracts shall be made by resolution and the agreement as set out in the resolution shall be signed by the township trustee of each township and attested by the township clerk of each township.
The agreement shall state the amount the township receiving the fire fighting service shall pay therefor, the rules and regulations governing the furnishing of fire fighting service, and such other matters as may be necessary to fully set out the duties and responsibilities of the parties, and the agreement may be amended or changed or added to by a mutual agreement of the township boards in the same manner as that in which the original contract was entered into. The compensation agreed upon shall be a legal charge and collectible by the township rendering the fire fighting service in any court of competent jurisdiction. The township board of any such township which enters into a contract with another township to provide it with fire fighting service may levy an annual tax at the rate of not to exceed one (1) mill for the purpose of paying for such fire fighting service.
History: L. 1963, ch. 478, § 2; June 30.
The township board of any township may create a fire district as provided by this act. Such fire district may include a part or all of the township and may include all or a part of any other township. No area located within an existing fire district or city may be included in a district created pursuant to this section without the consent of that district or city. The township board of any township, or if the proposed fire district includes land in more than one township, then the governing body of such townships meeting and acting together shall adopt, by resolution, a proposition to create a new fire district, describing the area of land within the proposed fire district. Such proposition shall be submitted at the next general election to be held in such township or at a special election called for that purpose by the board of county commissioners. The proposition shall be submitted on a separate ballot in substantially the following form:
Proposition to create a new fire district consisting of (describe area to be included in fire district).
☐ Yes ☐ No
Notice of such election shall be given by the county clerk by publication at least once each week for two consecutive weeks in a newspaper having a general circulation in such townships. At least 30 days shall elapse between the last publication and the date of the election. If a majority of the votes cast in the area of the proposed fire district shall be in the affirmative, such fire district shall be deemed created. The expenses of such election shall be paid by the county from the county general fund.
History: L. 1965, ch. 553, § 1; L. 2004, ch. 166, § 4; July 1.
Any land located within an improvement district created pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or any land located within an industrial district created pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall not be included within the boundaries of any fire district created pursuant to K.S.A. 80-1540 et seq., and amendments thereto, unless the governing body of such improvement district or industrial district approves the inclusion thereof.
Nothing in this section shall be construed as providing a procedure for the detachment or deannexation of land located within the boundaries of a fire district.
History: L. 1997, ch. 143, § 22; May 8.
(a) Upon the creation of a fire district by the township board or boards, the governing body of the fire district as hereinafter provided may:
(1) Levy taxes and assessments;
(2) enter into contracts;
(3) acquire, operate and maintain fire-fighting equipment;
(4) acquire and construct buildings to house firefighting equipment;
(5) exercise eminent domain;
(6) exercise powers granted to fire districts under K.S.A. 80-1514, and amendments thereto;
(7) issue general obligation bonds and no-fund warrants as provided under K.S.A. 80-1514b, and amendments thereto; and
(8) do all things necessary to effectuate the purposes of this act.
(b) Any territory included in any fire district created under the provisions of this act which thereafter is annexed by a city shall be excluded from the fire district and shall be furnished fire protection by such city. Subject to the provisions of K.S.A. 19-270, new lands may be included in the district whenever a petition requesting such inclusion is filed with the governing body of the fire district under the same procedure and conditions as is required for the creation of a fire district, but no area may be included which is already in an existing fire district or city without the consent of that district or city.
History: L. 1965, ch. 553, § 2; L. 1975, ch. 508, § 1; L. 1979, ch. 75, § 13; L. 1986, ch. 70, § 38; L. 2004, ch. 166, § 5; July 1.
If a fire district includes land located in less than four townships, the members of the township boards shall be the governing body of such fire district. If such fire district includes land located in four or more townships, the governing body of such townships, meeting and acting together, shall adopt a resolution fixing the number of members from each township board that will constitute the governing body of such fire district and the period of time that such member will serve on the governing body of such fire district. If any of the members of the township board serving on the governing body of a fire district do not reside in such fire district, the township board shall appoint an elector of such township residing in such fire district to serve on the governing body of such fire district in place of any member of the township board who does not reside in such fire district. In any fire district in which there is located a city of the third class, which has consented to be included in such fire district, the governing body of such city shall appoint a person to serve as a member of the governing body of such fire district. For a fire district which includes land in less than four townships, a member of the township board once elected shall continue to serve as a member of the governing board of the fire district throughout the remainder of such person's term as an officer of the township. The member appointed by a city of the third class shall serve on the governing body of such fire district until a successor is appointed. Any vacancy shall be filled by the township or city of the third class from which such vacancy occurs.
History: L. 1965, ch. 553, § 3; L. 1967, ch. 510, § 1; L. 1969, ch. 477, § 1; L. 1979, ch. 75, § 14; L. 2004, ch. 166, § 6; July 1.
If any such township, upon the creation of a fire district as provided herein, already owns fire fighting equipment, land and buildings, by virtue of previously operating a fire department, such fire fighting equipment, land and buildings shall be appraised by three (3) disinterested persons designated by the governing body of such fire district as created and such equipment, land and buildings may be sold to such fire district by the township owning the same for the amount of such appraisal. In the event of such sale the township board selling the same shall apply the proceeds of such sale first to any outstanding bonds or other indebtedness on such fire fighting equipment, land or buildings and the remainder thereof shall be paid into the general fund of such township, or if the township owning fire fighting equipment, land and/or buildings has no indebtedness thereon, such township may in the alternative, sell, transfer and assign any or all of such equipment, land and/or buildings to the fire district for a nominal consideration, the amount thereof to be determined by the governing board of such township.
History: L. 1965, ch. 553, § 4; L. 1970, ch. 64, § 93; L. 1973, ch. 409, § 1; L. 1978, ch. 99, § 37; L. 1979, ch. 75, § 15; July 1.
(a) The governing body of such fire district shall have full direction and control over the operation of such fire department and may select regular employees, provide for their compensation and furnish quarters for such employees if deemed desirable. The governing body also may provide for the organization of volunteer members of such department, to be compensated at a specified rate for fighting fires, responding to emergencies or attending meetings. In addition, the governing body may provide special clothing and equipment for such employees and volunteers, may insure such employees and volunteers against accidental death and injury in the performance of their duties, and may do all other things necessary or desirable to maintain and operate such department so as to furnish fire protection for the inhabitants of such district. In addition to the powers granted by this section, the governing body shall have any powers granted to a fire district under K.S.A. 80-1514a, and amendments thereto. Each of the members of the governing body may receive as compensation for services rendered in an amount determined by the governing body as provided by K.S.A. 80-207, and amendments thereto.
(b) The auditing board for the fire district shall meet once each month on the date designated by the board to examine and audit all claims against the fire district and shall file their annual report with the county clerk for the approval of the board of county commissioners before January 31 of the succeeding year. No claim against any township fire district shall be paid until approved by the auditing board. All claims approved by the auditing board shall be recorded by the clerk of the fire district in a book to be kept for that purpose. Any township officer serving on a fire district auditing board shall receive for such services in attending to township fire district business an amount to be fixed by the governing body of the fire district as provided by K.S.A. 80-207, and amendments thereto.
History: L. 1965, ch. 553, § 5; L. 1971, ch. 327, § 1; L. 1985, ch. 336, § 1; L. 1996, ch. 184, § 13; L. 2002, ch. 150, § 7; July 1.
The governing body of such fire district may enter into contracts with cities, and other fire districts or townships whether within or without the county or state for cooperation between the fire departments of the respective cities, districts and townships and may include in such contracts provisions by which the fire department of such cities, townships or other districts will furnish fire protection to a part of the fire district in question in consideration of cash payments or reciprocal services and the governing body of the fire district may also include in such contracts provisions to provide, furnish, and pay for a bond, in such amount as shall be agreed upon, to indemnify any such other city, fire district or township against any loss which it may sustain as the result of damage to property or injury to persons arising out of the furnishing of fire protection services to such districts: Provided, That the township or district shall not be liable in any way for the failure of the district fire department to attend a fire or to put out a fire or for any other reason, but the district fire department, subject to the conditions of this act, shall make a reasonable effort (road and weather conditions permitting) to attend outside fires: Provided, The supervision and control of the district fire department shall always be with the governing body of the fire district: And provided further, That the fire chief or person in charge of the district fire department shall have the right in every case where a contract exists for reciprocal service, to determine whether or not the district can spare all or any portion of its fire equipment and firemen at that particular time. The township and district and the officers and firemen of the district fire department in any city of the fire district or townships which have agreed to furnish fire protection to all or any part of said fire district and the officers and firemen of such other cities, townships and fire districts shall have all the privileges, immunities and exemptions conferred upon cities and townships in their fire departments by K.S.A. 12-111.
History: L. 1965, ch. 553, § 6; June 30.
The governing body of the fire district shall have the power to levy a tax not to exceed three mills upon the dollar of the assessed valuation of all property, real and personal, having a tax situs in the district, for the purpose of paying the expenses of providing rescue service and operating and maintaining a fire department and other legal expenses of the fire district which tax levy shall be in addition to all other tax levies authorized or limited by law, but no other levies for fire department purposes shall be made on such property.
In any such fire district located in any county having a population of not less than 150,000 and not more than 180,000, such tax levy may be made in an amount not to exceed seven mills on such property, but no levy in excess of three mills shall be made under the authority of this section until the governing body of the fire district shall have adopted a resolution authorizing the making of the levy in an amount not to exceed seven mills. Such resolution shall be published once each week for two consecutive weeks in a newspaper of general circulation in the township or townships in which the fire district is located. If, within 60 days following publication of the resolution, a petition in opposition thereto, signed by not less than 5% of the registered voters of the fire district, is filed with the county election officer, no levy in excess of three mills shall be made unless and until the authority to levy the tax in an amount not to exceed seven mills is approved by a majority of the electors voting thereon at the next primary or general election, or if such primary or general election does not take place within 60 days after the date the petition was filed, at a special election to be called by the governing body of the fire district by resolution. Such election shall be held at the usual place of holding elections and shall be conducted by the officers or persons provided by law for holding elections in such township or townships. If no petition in opposition to the resolution authorizing the making of the levy in an amount not to exceed seven mills is filed in accordance with the foregoing provisions of this paragraph, or if the petition is filed and a majority of the electors vote in favor of the levy, the governing body of the fire district shall be authorized to make an annual levy under the provisions of this section in an amount not to exceed seven mills thereafter.
History: L. 1965, ch. 553, § 7; L. 1977, ch. 350, § 1; L. 1986, ch. 389, § 3; April 24.
Subject to the provisions of K.S.A. 19-270, the board of county commissioners of any county which has been designated as an "urban area" under the provisions of section 17 of article 2 of the constitution of the state of Kansas, by resolution, may provide for the consolidation of fire districts and other areas located within such county or parts thereof. Such consolidation may be of fire districts which have governing bodies appointed by the board of county commissioners, may include areas not now within a fire district, and may include areas in a township which makes a tax levy for fire protection purposes but may not include area in an incorporated city furnishing fire protection to the residents of its city, without the consent of such city. In addition, at such time as there is filed with the board of county commissioners of any such county a petition signed by not less than 10% of the qualified electors residing within each of the two or more of the areas mentioned above and proposed for consolidation, the board shall order an election to be called and held within the areas proposed to be consolidated within 90 days after the filing of such petition in the manner provided for the calling and holding of elections under the general bond law. If a majority of the electors voting at such election shall approve the consolidation of such areas the board of county commissioners shall by resolution provide for the consolidation of such areas and define the boundaries of the area as consolidated. Any such consolidation shall be made prior to June 1 of any year to take effect on January 1 of the succeeding year.
History: L. 1967, ch. 513, § 1; L. 1968, ch. 72, § 1; L. 1986, ch. 70, § 39; May 15.
Any land located within an improvement district created pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or any land located within an industrial district created pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall not be included within the boundaries of any fire district created pursuant to K.S.A. 80-1547 et seq., and amendments thereto, unless the governing body of such improvement district or industrial district approves the inclusion thereof.
Nothing in this section shall be construed as providing a procedure for the detachment or deannexation of land located within the boundaries of a fire district.
History: L. 1997, ch. 143, § 23; May 8.
Upon the consolidation of any such areas the board of county commissioners shall appoint a governing body composed of seven members who shall represent, as nearly as may be possible, the geographical areas in such consolidated area. Members of the governing body first appointed shall be appointed as follows: Two for a term of one year; two for a term of two years; and three for a term of three years. Thereafter all members shall be appointed for a term of three years. All vacancies on such board shall be filled by appointment for the remainder of the unexpired term. Members of the governing body shall receive no compensation for their services but shall be allowed their actual expenses incurred in the performance of their official duties.
Within thirty (30) days after the governing body is appointed and annually thereafter the governing body shall meet and organize by the election from its membership of a chairperson, vice-chairperson and a secretary and treasurer. The secretary and treasurer shall each give a corporate surety bond, conditioned for the faithful performance of duty and accounting for all money coming into their hands by virtue of such position. Such bonds shall be approved and be in an amount fixed by the governing body.
The governing body of such consolidated district shall have authority to levy taxes and special assessments as provided by law, to enter into contracts, to acquire by lease or purchase and to operate and maintain fire fighting equipment, and to acquire or construct buildings to house the same and to do all things necessary to effectuate the purposes of this act except that no tax or special assessment shall be levied by such governing body without first having been submitted to and having been approved by the board of county commissioners. In addition to the powers provided for in this section, the governing body shall have any powers granted to a fire district under K.S.A. 80-1514a.
The governing body of such consolidated district is authorized to make an annual levy of taxes upon the taxable property located within the consolidated fire district in an amount approved by the board of county commissioners but not to exceed seven mills.
The governing body of any district shall also have the authority to issue general obligation bonds and no-fund warrants under the provisions of K.S.A. 80-1514b.
History: L. 1967, ch. 513, § 2; L. 1968, ch. 72, § 2; L. 1979, ch. 75, § 16; July 1.
Subject to the provisions of K.S.A. 80-1550, the books, papers, equipment, and other real and personal property belonging to the areas being consolidated shall be transferred to and shall become the property of the new consolidated district.
History: L. 1967, ch. 513, § 3; April 29.
All funds in the treasury of any such fire district at the time of consolidation shall be applied to the payment of any outstanding indebtedness, including bonded indebtedness, of such fire district.
History: L. 1967, ch. 513, § 4; April 29.
If any fire district at the time of such consolidation shall have any outstanding indebtedness, it shall be the duty of the board of county commissioners of the county to provide for the payment of such outstanding indebtedness by providing for the levy of taxes upon all of the property in the territory comprising such district prior to its consolidation with the other district or districts. The levy shall be entered by the county clerk of the county on the tax roll the same as other taxes.
History: L. 1967, ch. 513, § 5; April 29.
The consolidation of any fire district under the provisions of this act shall in no way affect the rights of any fireman serving in the department of such district to benefits under any retirement or relief association program.
History: L. 1967, ch. 513, § 6; April 29.
No levy for the payment of the cost of providing fire protection shall be assessed against any property located within the boundaries of any district consolidated under the provisions of this act except those levies hereinbefore specifically authorized. Any consolidated district formed under this act shall have all of the powers and duties of any antecedent district forming a part of such consolidated district: Provided, That the same are not in conflict with the provisions of this act.
History: L. 1967, ch. 513, § 7; April 29.
Any township which shall have heretofore made a levy for fire protection and thereafter a part of the territory of such township is attached to and made a part of a fire district under authority of K.S.A. 19-3629 or 19-3630 and the remaining part of the territory of such township becomes a part of a different fire district, and there remains unexpended moneys in the treasury of such township which moneys were derived from the township levy for fire protection, then, such remaining moneys shall be disposed of as provided by this act. Such remaining moneys shall be paid to the respective fire districts of which the township territory has become a part in the proportion that the assessed taxable tangible valuation of the territory of the township in each such district bears to the total assessed taxable tangible valuation of the township.
History: L. 1968, ch. 391, § 1; March 30.
The township board of any township located in a county having a population of more than twelve thousand (12,000) and less than fourteen thousand (14,000), with an assessed valuation of more than forty-two million dollars ($42,000,000) and less than forty-eight million dollars ($48,000,000), may contract with any organized fire district located in such county to enable such fire district to purchase fire fighting equipment. The board of township trustees may pay such sum of money as deemed reasonable and necessary for the purchase of such fire fighting equipment, such sum to be paid from the general fund of the township or from any other available source. All such contracts shall fix the terms and conditions under which the fire district agrees to purchase fire protection equipment and shall also provide for the terms and conditions upon which the township and the fire district are to cooperate in furnishing any equipment necessary to provide adequate protection; and the method of payment therefor shall be expressly stipulated.
History: L. 1976, ch. 118, § 1; February 25.
The township board of any township located in a county having a population of more than twenty-two thousand five hundred (22,500) and less than twenty-three thousand five hundred (23,500) which has an assessed valuation of more than seventy million dollars ($70,000,000) is hereby authorized to contract with any fire district having the same geographic territory and common boundaries with those of the township for the furnishing of fire-fighting services in such township and the governing body of any such fire district is hereby authorized to contract with such township for such purpose. Any such township board is hereby authorized to pay for such services from the general fund of the township or from any other funds or moneys received by such township, the expenditure or use of which is not otherwise limited or prohibited by law, and which has not been levied for or dedicated to another use or purpose.
History: L. 1978, ch. 424, § 1; July 1.
(a) As used in this section:
(1) "Rescue service" means a service that provides emergency care by qualified personnel through a township or fire district fire department.
(2) "Emergency care" means the services provided after the onset of a medical condition manifesting itself by acute symptoms of sufficient severity such that the absence of immediate medical attention could reasonably be expected to: (A) Place the patient's health in serious jeopardy; (B) seriously impair bodily functions; or (C) result in serious dysfunction of any bodily organ or part.
(3) "Qualified personnel" means any individual who holds a certificate as an emergency medical service provider as defined in K.S.A. 65-6112, and amendments thereto.
(4) "Township" means any township that has established a fire department pursuant to K.S.A. 80-1901 et seq., and amendments thereto.
(5) "Fire district" means any fire district that has established a fire department pursuant to K.S.A. 80-1540 et seq., and amendments thereto.
(b) The township board or governing body of the fire district may authorize the township or fire district fire department to provide rescue service as a township or fire district function, within or without the township or fire district, or may contract with any person or governmental entity for the furnishing of rescue service and upon such terms and conditions, and for such compensation as may be agreed upon which shall be payable from the township general fund or the fire fund or the fire district fund.
(c) The township board or governing body of the fire district may establish charges to persons receiving rescue service inside or outside of such township or fire district. The charges so made and received shall be deposited in the general funds of the township or fire district, and the same may be used in addition to funds received under the tax levies authorized by K.S.A. 80-1546 and 80-1903, and amendments thereto.
(d) Qualified personnel providing rescue service shall be compensated in the same manner as other fire department employees and volunteers as provided by K.S.A. 80-1544 and 80-1904, and amendments thereto.
History: L. 1986, ch. 389, § 1; L. 1990, ch. 235, § 11; L. 1993, ch. 71, § 7; L. 2019, ch. 64, § 38; June 6.
(a) The governing body of any township, by resolution, is hereby authorized and empowered to transfer, annually, from the fire fund of such township not to exceed 25% of the amount of money credited to the fire fund, and subject to legal expenditure, in such year to a special fire protection reserve fund.
(b) Upon the adoption of such resolution, a copy thereof shall be delivered to the treasurer of such township and the treasurer shall credit the amount provided in such resolution to such special fund and shall debit the fire fund. All moneys credited to such special fund shall be used by such township for the acquisition of fire-fighting equipment, apparatus or machinery or land and buildings to be used for fire-fighting purposes. Such fund shall not be subject to the provisions of K.S.A. 79-2925 to 79-2937, inclusive, and amendments thereto. When making the budgets of such township the amounts credited to, and the amount on hand in, such special fund and the amount expended therefrom shall be shown for the information of the taxpayers of such township.
(c) If the governing body of the township determines that money which has been transferred to such special fund or any part thereof is not needed for the purposes for which so transferred, the governing body, by adoption of a resolution, may retransfer such amount not needed to the fund from which it came. Such retransfer and expenditure thereof shall be subject to the provisions of K.S.A. 79-2925 to 79-2937, inclusive, and amendments thereto.
History: L. 1993, ch. 279, § 1; July 1.
(a) The governing body of any township fire district created pursuant to K.S.A. 80-1540 et seq., and amendments thereto, by resolution, is hereby authorized and empowered to transfer, annually, from the fire fund of such township fire district not to exceed 25% of the amount of money credited to the fire fund, and subject to legal expenditure, in such year to a special township fire district reserve fund.
(b) Upon the adoption of such resolution, a copy thereof shall be delivered to the treasurer of such township fire district and the treasurer shall credit the amount provided in such resolution to such special fund and shall debit the fire fund. All moneys credited to such special fund shall be used by such township fire district for the acquisition of fire-fighting equipment, apparatus or machinery or land and buildings to be used for fire-fighting purposes. Such fund shall not be subject to the provisions of K.S.A. 79-2925 to 79-2937, inclusive, and amendments thereto. When making the budgets of such township fire districts the amounts credited to, and the amount on hand in, such special fund and the amount expended therefrom shall be shown for the information of the taxpayers of such township fire district.
(c) If the governing body of the township fire district determines that money which has been transferred to such special fund or any part thereof is not needed for the purposes for which so transferred, the governing body, by adoption of a resolution, may retransfer such amount not needed to the fund from which it came. Such retransfer and expenditure thereof shall be subject to the provisions of K.S.A. 79-2925 to 79-2937, inclusive, and amendments thereto.
History: L. 1993, ch. 279, § 2; July 1.
Whenever there shall be presented to the township board of any township located, in whole or in part, within fifteen (15) miles of the limits of any city of the first class located in the same county in which such township is located or adjoining a township located in the same county having a publicly owned water supply system, a sufficient number of agreements or subscriptions to purchase water at a specified schedule of rates to be set out in such agreements or subscriptions for a period of not less than three years, duly signed by the owners of property lying within said township, or any adjoining township, or any part thereof, which will permit the liquidation of the cost of constructing said water mains within said township, extending from the water mains of such city or adjoining township, from the revenue derived from the sale of water therefrom, such township board shall be authorized to contract for constructing such water mains and the purchase of any water mains which may be located in said township; to purchase, or otherwise secure a suitable supply of water and to operate and maintain the water system thereby created, or contract for such construction and/or maintenance and operation and to use such funds as may be available, or thereafter shall become available, for such construction. Such acquisition of water supply may be by the construction of a water treatment plant.
History: L. 1933, ch. 125, § 1 (Special Session); L. 1937, ch. 378, § 1; L. 1941, ch. 394, § 1; L. 1943, ch. 324, § 1; L. 1965, ch. 560, § 1; L. 1966, ch. 15, § 1 (Special Session); March 14.
Such township board may issue revenue bonds to finance the cost of constructing, reconstructing, repairing, or improving such water system including such water treatment plant and such bonds shall be made as a specific lien upon such water system so constructed, reconstructed, repaired or improved and the revenues derived therefrom and shall, in no case, be a debt guaranteed or secured by any other property within the township and no special election shall be required to authorize the issuance of such revenue bonds and such revenue bonds shall not be taken into account or in any wise be a limitation upon the power of said township board to issue bonds for any other purpose. The township board of any such township which shall have issued and sold revenue bonds under the provisions of this act, is hereby empowered and authorized to issue additional revenue bonds in conformity with this act for the purpose aforesaid, and to pledge for the payment of such additional revenue bonds, the revenues of such water system, together with the additional revenues of said water system as so constructed, reconstructed, repaired, or improved except that no additional revenue bonds shall be issued and sold if there is an issue of revenue bonds outstanding for the payment of which the revenues of the water system have been pledged unless the township board provides for the refunding of such outstanding revenue bonds in the manner authorized by and subject to the provisions of K.S.A. 10-116a, and amendments thereto.
Revenue bonds issued to finance the cost of extending such water system or to construct a water treatment plant shall constitute a specific and prior lien upon such extension to such system and the revenues derived therefrom, but shall, in no case, be a debt guaranteed or secured by any other property within the township or by the revenues of the water system to which such extension is made, and no special election shall be required to authorize the issuance of such additional revenue bonds and such additional revenue bonds shall not be taken into account or in any wise be a limitation upon the power of said township board to issue bonds for any other purpose.
The township board shall make such extensions to such water system and issue revenue bonds to pay the cost thereof only when there shall be presented to such board a sufficient number of agreements or subscriptions to purchase water at a specified schedule of rates to be set out in such agreements or subscriptions for a period of not less than three years, duly signed by the owners of property along the proposed extension of said system which will permit the liquidation of the cost of such extension from revenue derived from the sale of water along said extension, and said board is authorized to fix and collect from users of water on said extension such schedule of rates as may be necessary to liquidate said additional revenue bonds so issued to pay the cost of construction thereof without regard to the schedule of rates charged consumers on the system to which such extension is made. The township board may sell said additional revenue bonds as provided by law, or may, if deemed advisable, pledge or sell any of such additional revenue bonds, issued for the construction, reconstruction, repair, improvement or extension of said water system including such water treatment plant to the federal government as provided in the said national industrial recovery act, or any other federal act, for the purpose of procuring funds for such construction.
History: L. 1933, ch. 125, § 2 (Special Session); L. 1937, ch. 379, § 1; L. 1939, ch. 342, § 2; L. 1965, ch. 550, § 2; L. 1977, ch. 58, § 16; May 18.
Such township board may sell said bonds as provided by law, or may, if deemed advisable, pledge or sell any of such bonds, issued for the construction of said water mains, to the federal government as provided in the said national industrial recovery act, or any other federal act for the purpose of procuring funds for such construction.
History: L. 1933, ch. 125, § 3 (Special Session); L. 1937, ch. 378, § 2; March 17.
Any bonds issued under the terms of this act shall mature serially or otherwise within a maximum period of forty (40) years from the date of issue and shall bear interest at a rate not to exceed the maximum rate of interest prescribed by K.S.A. 10-1009 and the provisions of K.S.A. 10-112 and K.S.A. 10-113 shall not apply to this act.
History: L. 1933, ch. 125, § 4 (Special Session); L. 1963, ch. 503, § 1; L. 1970, ch. 64, § 94; L. 1978, ch. 99, § 38; April 25.
The board of township trustees of any township to which this act applies is expressly authorized to contract with any school district, any state department, or any state institution, board of county commissioners of any county, or with any other township, municipality or political subdivision of the state of Kansas for the purpose of supplying water, and such school district, state department or state institution, county commissioners, other township boards, municipalities, and political subdivisions of the state are hereby authorized to contract and pay a reasonable price for such water, and such contract may extend for a period of years not longer than the period for which revenue or additional bonds are issued: Provided, That any township in which a water system is established under the provisions of this act is hereby authorized and empowered to obligate the township to pay a reasonable price as rental for the installation and maintenance of fire hydrants or plugs, and to pay a reasonable price for the water used for fire-fighting or other emergency purposes, and such contract may extend for a period of years not longer than the period for which the revenue or additional revenue bonds were issued. For the purpose of raising funds to pay for such rental of fire hydrants and water used, said township board is hereby authorized and empowered to levy annually, a tax sufficient to raise the amount necessary. The levy herein authorized shall be in addition to all other levies authorized or limited by law.
History: L. 1933, ch. 125, § 5 (Special Session); L. 1937, ch. 379, § 2; L. 1941, ch. 394, § 2; June 30.
The board of township trustees of any township authorized to issue waterworks revenue bonds under K.S.A. 80-1601 to 80-1605, inclusive, or any amendments thereto, and which said township board may have heretofore authorized or issued or which may hereafter authorize or issue waterworks revenue bonds under the provisions of said sections as amended, be, and it is hereby authorized and required to make provision for the payment of any such waterworks revenue bonds of the township by fixing rates, fees or charges for the use of or services rendered by the water utility of said township sufficient to pay the cost of operation, maintenance, repair and improvement of such utility and to pay the principal of and interest upon all such revenue bonds of the township when and as the same become due: Provided, however, That no part of the proceeds of the revenue bonds so issued and sold, nor of the income of said water system or the extension thereof, constructed or purchased from the proceeds of said issue of revenue bonds, shall be used or expended for the purpose of extending said water mains beyond the system or extension as included in the plans and estimates upon which said bonds were issued: Excepting, however, Connecting water mains or additions within the township may be constructed beyond the system or extension, out of any remaining or unexpended proceeds of said revenue bonds, when there has been presented to the township board a sufficient number of subscribers or agreements to purchase water at specified scheduled rates to be set for a period of not less than three (3) years, duly signed by the owners of property along the proposed extension or addition of said water line which will permit the liquidation of the cost of such extension or addition from net revenues derived from the sale of water along said extension or addition: Provided, That the said water mains or lines in said extension or addition, together with all net revenues derived therefrom shall be subject to the lien of all outstanding revenue bonds from which surplus bonds proceeds are so used, and such revenues shall be used to pay interest and maturities on all outstanding bonds; any such extension or addition shall only be made in accordance with plans and specifications prepared, filed and approved by the township board prior thereto: Provided, however, That minor improvements shall not be considered as an extension within the meaning of this act, and may be made and charged to operation except that the total cost of such improvement so charged in any year shall not exceed five percent (5%) of the gross operating revenue, or ten percent (10%) of the net operating revenue, for the last preceding year.
The resolution authorizing the issuance of any such waterworks revenue bonds of any such township may contain such other covenants, agreements and restrictions as may be deemed necessary or advisable by the board of township trustees of such township in order to insure the payment of any revenue bonds authorized and issued under the statutes aforesaid: Provided, however, That before any such resolution is adopted by said board, a public hearing shall be held by any township board thereon, after giving notice thereof by publication in the official county paper at least ten (10) days prior to the date of said hearing.
History: L. 1939, ch. 342, § 1; L. 1941, ch. 394, § 3; L. 1955, ch. 439, § 1; April 6.
The township board of any township maintaining and operating or proposing to maintain and operate a water system under the provisions of K.S.A. 80-1601 to 80-1605, inclusive, may submit to a vote of the qualified voters of such township at any general election or at a special election called for that purpose the proposition of whether or not the full faith and credit of such township shall be pledged to the payment of principal of and interest on bonds issued to pay the cost of constructing a water system or making extensions, repairs or improvements thereto, or for the purpose of redeeming, refunding and paying off water system revenue bonds of the township previously issued under said acts: Provided, however, That said bonds shall be authorized by a majority vote cast at an election held on the proposition, such election to be held as now provided by law for the issuance of general obligation bonds of municipalities: Provided further, That if said proposition to be submitted to the voters be on the proposition of issuing refunding bonds to redeem, refund and pay off outstanding revenue bonds of the township, then, before an election shall be called, the township board shall make a finding that the existing revenue bonds of such township can be refunded by general obligation bonds of such township bearing a reduced interest rate.
If any such proposition shall receive a majority of the votes cast on said proposition at said election, the township board shall issue general obligation bonds of the township to the payment of which the full faith and credit of the township shall be pledged, after first pledging the net revenue of the water system to the payment of the principal on and interest of said bonds. All such bonds shall mature within a maximum period of thirty (30) years from the date of issue and shall bear interest at a rate not to exceed the maximum rate of interest prescribed by K.S.A. 10-1009 and the provisions of K.S.A. 10-112 and 10-113 shall not apply thereto.
History: L. 1939, ch. 343, § 1; L. 1939, ch. 344, § 1; L. 1970, ch. 64, § 95; March 21.
To make up any existing or prospective deficiency in revenue from the operation of such water system to pay the principal of and interest on such general obligation township bonds, the governing body of such township shall, at the time of fixing other levies, levy a tax sufficient to make up such deficiency. The amount of general obligation water system bonds outstanding at any one time shall not exceed thirty percent (30%) of the assessed valuation of all tangible taxable property within such township as shown by the assessment books for the year previous to the one in which said bonds are issued: Provided, In townships where a state institution is located, the vote on whether to issue such general obligation bonds shall be limited to those electors residing on property served by the township water system, and the bonds shall be limited to and be obligations of the property served or proposed to be served by the township water system or extension to be built for which such bonds are issued.
History: L. 1939, ch. 343, § 2; L. 1939, ch. 344, § 2; L. 1958, ch. 37, § 1 (Special Session); June 30.
The power herein granted to issue bonds shall be supplemental to and not amendatory of the provisions of chapter 125 of the Laws of 1933 Special Session, the same being K.S.A. 80-1601 to 80-1605, inclusive, and chapters 378 and 379 of the Laws of 1937, the same being K.S.A. 80-1601, 80-1602, 80-1603 and 80-1605.
History: L. 1939, ch. 343, § 3; L. 1939, ch. 344, § 3; April 7.
The board of township trustees of any township authorized to issue water utility revenue bonds under K.S.A. 80-1601 to 80-1605, inclusive, and amendments thereto, and which said township board has heretofore authorized or issued, or may hereafter authorize or issue such water utility revenue bonds under the provisions of said sections, be and said township board is hereby authorized and empowered to refund any and all outstanding water utility revenue bonds of such township and to issue in lieu thereof, negotiable refunding revenue bonds of such township and water utility in the manner prescribed by and subject to the provisions of K.S.A. 10-116a.
History: L. 1947, ch. 483, § 1; L. 1977, ch. 58, § 17; May 18.
No refunding revenue bonds issued under the provisions of this act shall be exchanged with the holder of the previously outstanding indebtedness refunded until the outstanding revenue bonds, or other evidence of indebtedness to be refunded, shall have been surrendered to the issuing township board of trustees.
History: L. 1947, ch. 483, § 2; L. 1977, ch. 58, § 18; May 18.
History: L. 1947, ch. 483, §§ 3, 4; Repealed, L. 1977, ch. 58, § 19; May 18.
History: L. 1955, ch. 447, §§ 1, 2; Repealed, L. 1969, ch. 479, § 1; July 1.
(a) The governing body of the city of Lansing, Kansas, and the governing body of Delaware township shall establish a joint water district. The joint water district shall be governed by a board elected in the manner provided by subsection (b). Such board shall be independent of the township and city.
(b) Such district shall be governed by a five member board. The members of the board shall be qualified electors of the joint district and shall be elected on an at-large basis. Except as provided by subsection (c), board members shall hold office for a term of four years and until their successors are elected and qualified. An election to choose board members shall be held on the first Tuesday in November, 1984, and every two years thereafter. If a vacancy occurs on the joint water district board, a successor shall be appointed by the remaining board members and shall hold office until the next regular election. All elections shall be nonpartisan and shall be called and conducted by the county election officer. Laws applying to other local elections occurring at the same time and in the same locality shall apply to the elections under this act to the extent that the same can be made to apply. All members shall take an oath of office as prescribed for other public officials.
(c) At the first election, the two members receiving the largest number of votes shall hold office for a term of four years. The three remaining members shall serve for a term of two years. At all succeeding elections all members shall be elected for terms of four years.
(d) All assets and liabilities of any existing township water district may be transferred to the joint water district. All covenants, terms and conditions contained in the resolution authorizing the issuance of water revenue bonds which are outstanding at the time the joint district is established shall be maintained and complied with by the governing body of the joint water district.
(e) The joint water district board shall be responsible for the maintenance, operation, improvement and extension of the district's water system. The joint water district board shall establish rates for the district's customers.
History: L. 1984, ch. 108, § 2; L. 1987, ch. 395, § 2; April 2.
(a) At the first meeting of the joint water district board following January 1, 1985, and annually thereafter, the board shall elect a chairperson, vice-chairperson and secretary-treasurer for a term of one year, or until a successor is elected and has been qualified. The chairperson and all persons employed by the board shall be paid just and reasonable compensation as determined by the board. The board shall prepare annually a budget for the coming year, adjust water rates, if necessary to produce sufficient revenue required by such budget, and shall cause an annual audit of the district's records and accounts to be made.
(b) The water district board may select and appoint a general manager who shall hold office at the pleasure of the board. The general manager shall have such duties and responsibilities as shall be assigned by the board in the management of the water supply and distribution system. The board shall obtain for the general manager a surety bond conditioned upon the faithful performance of the manager's duties. The board may authorize the payment of costs of group hospitalization, medical and surgical insurance benefits for its employees and may adopt a retirement plan for all of its officers, employees and agents. The board may obtain liability insurance covering the operations of the water district and the actions of the board. The board may obtain corporate surety bonds to the state of Kansas in an amount to be determined by the board, conditioned upon the faithful performance of the board members' duties and for the true and faithful accounting of all money that may come into the members' hands by virtue of the office. Such bonds shall be filed in the office of the county clerk for the county in which the district is located after approval by the board of county commissioners of such county.
(c) The joint water district board shall meet in regular session at a place to be designated by the board on the same day each month during the year as determined by the water district board for the transaction of any business as often as the interest or business of the water district may demand. The board shall meet in special session on the call of the chairperson or at the request of any two members of the board. The board shall adopt any rules and regulations and district bylaws deemed necessary for the conduct of the business of the district. It shall be the duty of the secretary to keep records showing all minutes, decisions and orders made by the board. Except as provided by the open records act, the records and accounts of the board shall be public. Except as provided by K.S.A. 75-4317 et seq., and amendments thereto, meetings shall be open to the public. Three members shall constitute a quorum for the transaction of business.
(d) The joint water district treasurer shall keep a true account of all moneys received thereby and the manner in which the same have been disbursed, keeping a separate account with each fund. The treasurer shall deposit or cause to be deposited all public moneys received thereby in an official capacity in a bank which is a member of the federal deposit insurance corporation or a savings and loan association which is a member of the federal savings and loan insurance corporation within the county in which the joint water district is located, the same to be designated by the joint water district board. Such deposits shall be made in the name of the joint water district. Joint water district moneys not immediately required for the purpose for which such moneys were collected or received may be invested in the manner provided by K.S.A. 12-1675, and amendments thereto.
It shall be the duty of the treasurer to present to the board within 60 days from the end of the preceding quarter a quarterly financial report on the operations of the joint water district. Within 90 days after the end of each calendar year, the treasurer shall publish or cause to be published in a newspaper of general circulation within the county in which the joint water district is located a summary which shows totals for the categories of the receipts, expenditures, liabilities, assets and bonded indebtedness of such water district as of the end of such calendar year. Such publication shall include a notice that a detailed statement of such receipts, expenditures and liabilities is available for public inspection at the county clerk's office. Copies of the report shall be made available upon request. Such statement shall be duly verified and, after appropriate audit, shall be certified by a licensed municipal public accountant or by a certified public accountant.
The joint water district board shall obtain for the treasurer of the joint water district a corporate surety bond to the state of Kansas conditioned upon the faithful performance of the treasurer's duties and for the true and faithful accounting of all money that may come into the treasurer's hands. The amount of such bond shall be determined by the board. Such bond shall be filed in the office of the county clerk in the county in which the joint water district is located after approval by the board of county commissioners of such county.
History: L. 1984, ch. 108, § 3; L. 1987, ch. 395, § 3; April 2.
(a) Every district incorporated under this act shall have perpetual succession, subject to dissolution or consolidation pursuant to law and shall have the power to:
(1) Exercise eminent domain within the boundaries of such district;
(2) sue and be sued;
(3) contract;
(4) hold real and personal property acquired by will, gift, purchase or otherwise, as authorized by law;
(5) construct, install, maintain and operate such ponds, reservoirs, pipelines, wells, check dams, pumping installations or other facilities for the storage, transportation or utilization of water and such appurtenant structures and equipment necessary to carry out the purposes of its organization and may improve, extend or enlarge the water supply and distribution system and may sell and dispose of surplus water outside the district;
(6) employ any person necessary to carry out the provisions of this act;
(7) cooperate with and enter into agreements with the secretary of the United States department of agriculture or the secretary's duly authorized representative necessary to carry out the purposes of its organization;
(8) accept financial or other aid which the secretary of the United States department of agriculture is empowered to give pursuant to 16 U.S.C.A., §§ 590r, 590s, 590x-1, 590x-a and 590x-3, as amended;
(9) issue revenue bonds as provided by K.S.A. 80-1601 et seq., and amendments thereto; and
(10) acquire loans for the financing of the cost of construction or purchase of any project necessary to carry out the purposes of the district, as provided by the provisions of subsection (c) of K.S.A. 82a-619, and amendments thereto. Any such loan may be secured by any or all of the physical assets owned by the district, including easements and rights-of-way.
(b) No district organized under the provisions of this act shall have the power to levy any tax.
History: L. 1984, ch. 108, § 4; L. 1987, ch. 395, § 4; April 2.
History: L. 1933, ch. 126, § 1 (Special Session); L. 1937, ch. 380, § 1; L. 1943, ch. 325, § 1; L. 1953, ch. 467, § 1; L. 1963, ch. 504, § 1; L. 1965, ch. 551, § 1; Repealed, L. 1968, ch. 55, § 28; April 30.
History: L. 1963, ch. 504, § 2; L. 1965, ch. 551, § 2; Repealed, L. 1968, ch. 55, § 28; April 30.
History: L. 1933, ch. 126, § 2 (Special Session); L. 1953, ch. 467, § 2; Repealed, L. 1968, ch. 55, § 28; April 30.
History: L. 1933, ch. 126, § 3 (Special Session); L. 1937, ch. 381, § 1; L. 1953, ch. 467, § 3; Repealed, L. 1968, ch. 55, § 28; April 30.
History: L. 1933, ch. 126, § 4 (Special Session); L. 1937, ch. 381, § 2; L. 1943, ch. 325, § 2; L. 1945, ch. 381, § 1; L. 1953, ch. 467, § 4; Repealed, L. 1968, ch. 55, § 28; April 30.
History: L. 1933, ch. 126, § 5 (Special Session); L. 1953, ch. 467, § 5; Repealed, L. 1968, ch. 55, § 28; April 30.
History: L. 1933, ch. 126, § 6 (Special Session); Repealed, L. 1968, ch. 55, § 28; April 30.
History: L. 1933, ch. 126, § 7 (Special Session); L. 1953, ch. 467, § 6; L. 1961, ch. 70, § 4; Repealed, L. 1968, ch. 55, § 28; April 30.
History: L. 1933, ch. 126, § 8 (Special Session); Repealed, L. 1968, ch. 55, § 28; April 30.
History: L. 1933, ch. 126, §§ 9 to 12; L. 1953, ch. 467, §§ 7 to 10; Repealed, L. 1968, ch. 55, § 28; April 30.
History: L. 1933, ch. 126, § 13 (Special Session); Repealed, L. 1968, ch. 55, § 28; April 30.
History: L. 1933, ch. 126, § 14 (Special Session); L. 1953, ch. 467, § 11; Repealed, L. 1968, ch. 55, § 28; April 30.
History: L. 1937, ch. 382, § 1; L. 1943, ch. 326, § 1; L. 1945, ch. 382, § 1; L. 1949, ch. 500, § 1; Repealed, L. 1968, ch. 55, § 28; April 30.
History: L. 1937, ch. 382, § 2; L. 1939, ch. 345, § 1; L. 1947, ch. 484, § 1; Repealed, L. 1968, ch. 55, § 28; April 30.
History: L. 1937, ch. 382, § 3; L. 1947, ch. 484, § 2; Repealed, L. 1968, ch. 55, § 28; April 30.
History: L. 1937, ch. 382, § 4; L. 1939, ch. 346, § 1; L. 1947, ch. 484, § 3; L. 1949, ch. 500, § 2; L. 1951, ch. 514, § 1; L. 1955, ch. 440, § 1; Repealed, L. 1968, ch. 55, § 28; April 30.
History: L. 1937, ch. 382, §§ 5, 6; Repealed, L. 1968, ch. 55, § 28; April 30.
History: L. 1937, ch. 382, § 7; L. 1961, ch. 70, § 5; Repealed, L. 1968, ch. 55, § 28; April 30.
History: L. 1937, ch. 382, §§ 8 to 10; Repealed, L. 1968, ch. 55, § 28; April 30.
History: L. 1937, ch. 382, §§ 11 to 14; Repealed, L. 1968, ch. 55, § 28; April 30.
History: L. 1939, ch. 346, §§ 2 to 4; Repealed, L. 1968, ch. 55, § 28; April 30.
History: L. 1939, ch. 346, § 5; L. 1945, ch. 382, § 2; Repealed, L. 1968, ch. 55, § 28; April 30.
History: L. 1939, ch. 346, § 6; Repealed, L. 1968, ch. 55, § 28; April 30.
History: L. 1937, ch. 383, § 1; L. 1939, ch. 347, § 1; L. 1945, ch. 383, § 1; L. 1949, ch. 501, § 1; Repealed, L. 1973, ch. 410, § 1; July 1.
History: L. 1937, ch. 383, § 2; Repealed, L. 1973, ch. 410, § 1; July 1.
History: L. 1937, ch. 383, § 3; L. 1939, ch. 347, § 2; L. 1941, ch. 395, § 1; L. 1943, ch. 327, § 1; L. 1945, ch. 383, § 2; L. 1951, ch. 521, § 1; L. 1968, ch. 406, § 141; Repealed, L. 1973, ch. 410, § 1; July 1.
History: L. 1937, ch. 383, § 4; L. 1939, ch. 347, § 3; Repealed, L. 1973, ch. 410, § 1; July 1.
History: L. 1937, ch. 383, § 5; Repealed, L. 1939, ch. 347, § 4; June 30.
Any township or townships of the urban class in the state of Kansas is hereby authorized and empowered to make a tax levy in such amount as may be necessary in order to provide the necessary funds for the payment of the township share of registration and election expenses. All money raised by such tax levy shall be credited by the county treasurer to a special fund and the county shall be reimbursed from such fund for the registration and election expenses which it has paid on behalf of such township, but if there be an insufficient amount in such fund to pay the cost chargeable to such township, the county shall be reimbursed for the remainder from the township general fund. If the township does not make the levy authorized by this act, then the county shall be reimbursed for registration and election expenses paid on behalf of such township from the township general fund. No money raised under the tax levy authorized by this act shall be withdrawn from the county treasury by the township and if there be a balance existing therein after the payment of registration and election expenses for any year, the same shall be held in the county treasury to the credit of such township and used to pay registration and election expenses incurred in subsequent years.
History: L. 1941, ch. 396, § 1; L. 1945, ch. 384, § 1; L. 1955, ch. 202, § 3; L. 1999, ch. 154, § 61; May 27.
As used in this act, the phrase "township board" means the township trustee, township clerk and the township treasurer acting as a board.
History: L. 1939, ch. 348, § 1; February 23.
The township board of any township located in any county in which there is a city of the first class having a population of not less than sixty thousand (60,000) nor more than two hundred thousand (200,000), may, by resolution, create a township fire department to furnish fire protection within such township. Such fire department shall be operated under the direction of the township board of such township or any such township may contract with another fire department for fire protection in such township.
History: L. 1939, ch. 348, § 2; L. 1957, ch. 526, § 1; L. 1977, ch. 351, § 1; L. 1978, ch. 423, § 1; July 1.
The township board of any such township shall have power to levy a tax upon all taxable tangible property within such township, for the purpose of paying the expense of providing rescue service and equipping, operating and maintaining such fire department or contracting with another fire department for the furnishing of rescue service or fire protection.
History: L. 1939, ch. 348, § 3; L. 1945, ch. 385, § 1; L. 1953, ch. 468, § 1; L. 1955, ch. 441, § 1; L. 1957, ch. 527, § 1; L. 1970, ch. 385, § 8; L. 1977, ch. 351, § 2; L. 1986, ch. 389, § 2; L. 1999, ch. 154, § 62; May 27.
The township board shall have full direction and control over the operation of such township fire department. The governing body shall have the power to:
(1) Select regular employees, provide for their compensation, and furnish quarters for such employees and their families if deemed desirable;
(2) provide for the organization of volunteer members of such department and pay compensation to such members for fighting fires, responding to emergencies or attending meetings;
(3) provide special clothing and equipment for such employees and volunteers;
(4) insure such employees and volunteers against accidental death and injury in the performance of their duties;
(5) pay for the acquisition, installation or maintenance of one or more fire hydrants, or similar devices for fighting fires, including necessary equipment, services or supplies related thereto.
The acquisition, installation and maintenance shall be subject to the mutual agreement of the governing body of the fire district and the governing body of the rural water district which owns, operates or maintains the water line on which the fire hydrant, or other similar device for fighting fires, is to be installed; and
(6) do all other things necessary or desirable to maintain and operate such department so as to furnish fire protection for the inhabitants of such township.
History: L. 1939, ch. 348, § 4; L. 2002, ch. 150, § 8; L. 2004, ch. 26, § 8; July 1.
The township board of any such township may enter into contracts with cities and other townships for cooperation between the fire departments of the respective townships and cities, and may include in such contracts provisions by which the fire department of such cities or other townships will furnish fire protection to a part of the township in question in consideration of cash payments or reciprocal services: Provided, That the township shall not be liable in any way for the failure of the township fire department to attend a fire or to put out a fire or for any other reason, but the township fire department, subject to the conditions of this act, shall make a reasonable effort (road and weather conditions permitting) to attend outside fires: Provided, The supervision and control of the township fire department shall always be with the governing body of the township operating and maintaining such fire department: And provided further, That the fire chief or person in charge of the township fire department shall have the right in every case where a contract exists for reciprocal service, to determine whether or not the township can spare all or any portion of its fire equipment and firemen at that particular time.
History: L. 1939, ch. 348, § 5; February 23.
Township fire departments shall have the right of way on public highways, both inside and outside city limits, when going to or returning from a fire when operating under this act: Provided, The vehicle is equipped with a fire siren in good working order and the siren is sounded at frequent intervals and always two hundred feet before reaching any intersection of highways: And provided further, Such vehicle is painted red. Such right of way shall also extend to the use of the highway when fighting fires.
History: L. 1939, ch. 348, § 6; February 23.
History: L. 1939, ch. 348, § 7; Repealed, L. 1972, ch. 157, § 20; July 1.
Any township within the provisions of this act which has heretofore entered into a contract with any city under the provisions of article 15 of chapter 80 of the Kansas Statutes Annotated, which contract has been terminated or expired, and which has on hand, after paying all obligations to such city, a balance in its funds raised by taxation under the provisions of K.S.A. 80-1503, may transfer such balance to the funds of the township fire department created under the provisions of this act and use the same for any of the purposes provided in this act.
History: L. 1939, ch. 348, § 8; February 23.
In any township where a township fire department has been created under the provisions of this act, the township board shall have authority, subject to an election as hereinafter provided, to issue bonds for the purpose of purchasing land, constructing or purchasing buildings to be used as fire stations, constructing or purchasing fire equipment and supplies and for the payment of other necessary expenses incident thereto. Before any such bonds are issued, the question of issuance shall be submitted to the voters of such township at a general or special election to be called by the township board by resolution and to be held under the provisions of article 1, chapter 10 of the Kansas Statutes Annotated, and the affirmative vote of a majority of the votes cast at such election shall be sufficient to authorize the issuance of such bonds.
The township board may also submit, at such election, the question whether the tax levy provided in K.S.A. 80-1903, and amendments thereto, shall be in excess of two mills, or four mills for townships in counties having a population of more than 150,000 and less than 250,000, and if a majority of the votes cast at such election shall be in the affirmative, the township board shall thereafter be authorized to make such levy without regard to such limitations. The expense of any special election called under the provisions hereof may be paid out of the proceeds of the bond issue, if such bonds shall be authorized at such election, otherwise from the general fund of the township. Only a single election board shall serve in any precinct at any such special election.
History: L. 1939, ch. 348, § 9; L. 1999, ch. 154, § 63; May 27.
(a) The amount of bonds issued pursuant to K.S.A. 80-1909, and amendments thereto, and outstanding at any time shall not exceed 5% of the assessed tangible valuation of all property in such township. Such bonds shall be issued serially to mature in approximately equal amounts over a period of not to exceed 20 years from the date of issue and shall be a lien upon all taxable property in such township.
(b) Such bonds shall be issued and sold pursuant to the provisions and conditions of the general bond law except as herein otherwise specifically provided. The governing body of a township issuing bonds under the provisions of K.S.A. 80-1909, and amendments thereto, shall have authority to levy such taxes as may be necessary to pay the principal and interest on such bonds.
(c) The bonded debt limitations set forth in this section shall be separate from and in addition to any other such limitations on bonded indebtedness imposed by law.
History: L. 1939, ch. 348, § 10; L. 1978, ch. 99, § 39; L. 2025, ch. 3, § 2; July 1.
The provisions of this act shall be supplemental to other statutes of the state of Kansas providing means for furnishing fire protection in townships, and shall not be construed to repeal such other statutes except where the same are in direct conflict with the provisions hereof, and then only to the extent necessary to make effective the provisions of this act.
History: L. 1939, ch. 348, § 11; February 23.
Whenever a township has an organized fire department and has acquired land and constructed or purchased a building which is used as a fire station under the provisions of article 19 of chapter 80 of the Kansas Statutes Annotated, and thereafter an adjacent city has extended its boundaries and thereby annexed that part of the territory of said township upon which such fire station is located, the ownership of the said fire station, and the land upon which the same is located, shall remain in the township, notwithstanding such annexation, and the township may continue to use and operate the same as a township fire station after such annexation in the same manner and to the same extent as the same was previously used. In the event of such annexation the township fire department shall have the right to use the streets and alleys of such city in going to and from fires in the township.
History: L. 1951, ch. 517, § 1; L. 1975, ch. 495, § 23; July 1.
The township board of Elk township in Osage county is hereby authorized and empowered to purchase fire-fighting equipment for use in said township and to provide for the housing of the same, and to issue tax warrants in an amount not exceeding seventy-five hundred dollars ($7,500) for the purpose of raising funds to pay the cost thereof: Provided, That no such purchase shall be made or warrants issued until and unless a petition requesting such action is presented to the township board and signed by not less than fifty-one percent (51%) of the qualified electors of such township as determined by the vote for secretary of state at the last preceding election. Warrants shall bear interest at the rate of not more than the maximum rate of interest prescribed by K.S.A. 10-1009 from date of issuance. The township board shall levy a tax sufficient to retire and pay said warrants and the interest thereon within not to exceed three (3) years after their issuance.
History: L. 1945, ch. 388, § 1; L. 1970, ch. 64, § 96; March 21.
The township board may organize a fire company and prescribe rules of duty and the government thereof, and make all necessary appropriations therefor and for the maintenance and operation of its equipment from the general fund of the township and to compensate employees of the fire company. The board may:
(a) Pay compensation to volunteer members of the fire company for fighting fires, responding to emergencies or attending meetings; and
(b) pay for the acquisition, installation or maintenance of one or more fire hydrants, or similar devices for fighting fires, including necessary equipment, services or supplies related thereto.
The acquisition, installation and maintenance shall be subject to the mutual agreement of the governing body of the fire district and the governing body of the rural water district which owns, operates or maintains the water line on which the fire hydrant, or other similar device for fighting fires, is to be installed.
History: L. 1945, ch. 388, § 2; L. 2002, ch. 150, § 9; L. 2004, ch. 26, § 9; July 1.
The provisions of this act shall apply only to townships which do not have a fire department at the time this act takes effect and which are located in counties having a population of more than one hundred fifty thousand and have an assessed tangible valuation of less than one hundred fifty million dollars: Provided, That the provisions of this act shall not apply to any such township unless and until the question of the adoption of the provisions of this act has been submitted to the qualified electors of such township at a special election called for that purpose or at any regular election and the majority of those voting on the question shall have declared by their votes to be in favor of the adoption of the provisions of this act. The township board shall have the power to call such election and submit such question to the electors of the township boards and fire departments of such townships.
History: L. 1947, ch. 489, § 1; June 30.
As used in this act, the phrase "township board" means the township trustee, township clerk and the township treasurer acting as a board.
History: L. 1947, ch. 489, § 2; June 30.
Any such township may create a township fire department to furnish fire protection within such township and such fire department shall be operated under the direction of the township board and such board shall have power to levy an annual tax on all the taxable tangible property in such township, for the purpose of paying the expenses of equipping, operating and maintaining such fire department.
History: L. 1947, ch. 489, § 3; L. 1970, ch. 385, § 9; L. 1999, ch. 154, § 64; May 27.
The township board shall have full direction and control over the operation of such township fire department. The board shall have the power to:
(a) Select regular employees, provide for their compensation, and furnish quarters for such employees and their families if deemed desirable;
(b) provide for the organization of volunteer members of such department and pay compensation to such members for fighting fires, responding to emergencies or attending meetings;
(c) provide special clothing and equipment for such employees and volunteers;
(d) insure such employees and volunteers against accidental death and injury in the performance of their duties;
(e) pay for the acquisition, installation or maintenance of one or more fire hydrants, or similar devices for fighting fires, including necessary equipment, services or supplies related thereto.
The acquisition, installation and maintenance shall be subject to the mutual agreement of the governing body of the fire district and the governing body of the rural water district which owns, operates or maintains the water line on which the fire hydrant, or other similar device for fighting fires, is to be installed; and
(f) do all other things necessary or desirable to maintain and operate such department so as to furnish fire protection for the inhabitants of such township.
History: L. 1947, ch. 489, § 4; L. 2002, ch. 150, § 10; L. 2004, ch. 26, § 10; July 1.
Except as otherwise specifically provided in this act, the provisions of K.S.A. 80-1905, 80-1906, 80-1907, 80-1909 and 80-1910, or acts amendatory thereof, shall apply to townships which adopt the provisions of this act and establish fire departments thereunder and also to the township.
History: L. 1947, ch. 489, § 5; June 30.
Any township located in a county having a population of more than one hundred seventy-five thousand (175,000) and an assessed tangible valuation of not more than two hundred twenty-five million dollars ($225,000,000) and which had, prior to the effective date of this act, established a township fire department under the provisions of K.S.A. 80-1914 to 80-1918, inclusive, is hereby authorized to levy an additional annual tax of not to exceed five (5) mills for the purpose of relocating, equipping and maintaining any existing building or facility of said fire department, or for the purpose of constructing, equipping and maintaining a new building or facility, or for both such purposes: Provided, That such tax shall not be levied, nor once levied, the levy increased until the question of levying such tax, or the increase thereof, shall have been approved by a majority of the qualified electors of such township voting thereon at a special election called for that purpose, in the manner provided for calling elections under the general bond law, or at any general election in which such proposition is submitted.
History: L. 1969, ch. 478, § 1; L. 1971, ch. 328, § 1; March 5.
(a) The provisions of this act shall apply only to townships which are located in Barton, Crawford, Douglas, Franklin, Geary, Jackson, Labette, Leavenworth, Lyon, Montgomery, Neosho, Reno, Riley, Saline and Sumner counties, but, except as otherwise provided by subsection (b), the provisions of this act shall not apply to any such township unless and until a petition is presented to the township board, signed by not less than 51% of the qualified electors of the township as determined by the vote for secretary of state at the last preceding election. As used in this act, the phrase "township board" means the township trustee, township clerk, and the township treasurer acting as a board.
(b) The township board of any township located in any such county which has been levying a tax for the support of a township fire department for a period of not less than 15 years is hereby authorized to adopt a resolution designating such fire department as the regularly organized fire department of the township without the presentation of a petition. Such fire department shall be operated under the control of the township board in the manner prescribed by K.S.A. 80-1921, and amendments thereto, and the township board is hereby authorized to provide for the organization, operation, equipping and maintenance of such department pursuant to K.S.A. 80-1920 and 80-1921, and amendments thereto, and to levy taxes for such purposes as therein authorized.
History: L. 1951, ch. 524, § 1; L. 1953, ch. 469, § 1; L. 1957, ch. 528, § 1; L. 1959, ch. 406, § 1; L. 1968, ch. 184, § 1; L. 1971, ch. 329, § 1; L. 1977, ch. 334, § 2; L. 1982, ch. 430, § 1; L. 1983, ch. 340, § 1; L. 1990, ch. 360, § 2; L. 1991, ch. 288, § 1; L. 1994, ch. 222, § 2; April 21.
Subject to the provisions of K.S.A. 19-270, and amendments thereto, and upon the presentation of such petition, the township board of any such township shall create a township fire department. Such township board is hereby authorized and empowered to purchase fire-fighting equipment for the use of the fire department and to provide buildings for the housing and storage of the same. For the purpose of raising funds to pay the cost of such equipment and housing facilities, the township board is hereby empowered to issue no-fund warrants in an amount not exceeding $12,000. After the issuance of such no-fund warrants, the township board shall make a tax levy at the first tax-levying period after such warrants are issued, sufficient to pay such warrants and the interest thereon. In lieu of making only one tax levy, such board, if it deems it advisable, may make a tax levy each year for not to exceed five years in approximately equal installments for the purpose of paying the warrants and the interest thereon.
Such warrants shall be issued, registered, redeemed and bear interest in the manner and be in the form prescribed by K.S.A. 79-2940, and amendments thereto, except they shall not bear the notation required therein and may be issued without the approval of the state board of tax appeals. Any surplus existing after the redemption of the warrants shall be handled in the manner prescribed by K.S.A. 79-2940, and amendments thereto. None of the provisions of the cash-basis and budget laws of this state shall apply to any expenditures made, the payment of which has been provided for by the issuance of such no-fund warrants.
History: L. 1951, ch. 524, § 2; L. 1986, ch. 70, § 40; L. 1999, ch. 154, § 65; L. 2008, ch. 109, § 121; L. 2014, ch. 141, § 128; July 1.
(a) The township board of any such township shall have full direction and control over the operation of such township fire department. The board shall have the power to:
(1) Provide for the organization of volunteer members of such department and pay compensation to such members for fighting fires, responding to emergencies or attending meetings;
(2) provide special clothing and equipment for such volunteers;
(3) insure such volunteers against accidental death and injury in the performance of their duties;
(4) pay for the acquisition, installation or maintenance of one or more fire hydrants, or similar devices for fighting fires, including necessary equipment, services or supplies related thereto.
The acquisition, installation and maintenance shall be subject to the mutual agreement of the governing body of the fire district and the governing body of the rural water district which owns, operates or maintains the water line on which the fire hydrant, or other similar device for fighting fires, is to be installed; and
(5) do all other things necessary or desirable to maintain and operate such department so as to furnish fire protection to the inhabitants of such township.
(b) Such township board may levy an annual tax on all the taxable tangible property in such township for the purpose of paying the expenses of equipping, operating and maintaining such fire department. Any tax levy authorized by this section shall be in addition to the tax levy made to pay for no-fund warrants issued pursuant to K.S.A. 80-1920, and amendments thereto. Except as otherwise specifically provided in this act, the provisions of K.S.A. 80-1906 and 80-1907, and amendments thereto, shall apply to townships adopting the provisions of this act.
(c) In addition to the tax levy authorized by subsection (b), the township board of Kickapoo, Tonganoxie, Easton, Fairmount, Sherman and Delaware townships located in Leavenworth county may levy an annual tax of not to exceed two mills on all the taxable tangible property in such township for the purpose of purchasing additional equipment for such fire department. If a petition in opposition to the tax levy authorized herein, signed by not less than 5% of the qualified electors of such township is filed with the township board of such township, within 40 days after July 1, 1971, the tax levy shall not be made unless first approved as a question submitted at the next general election or at a special election called for the purpose of submitting the question. If such a petition is filed, the township board may cause to be placed on the ballot at the next general election the question of whether such tax shall be levied. If a majority of the votes cast and counted at such election are in favor of the resolution, such governing body may levy the tax authorized herein.
History: L. 1951, ch. 524, § 3; L. 1953, ch. 469, § 2; L. 1961, ch. 466, § 1; L. 1970, ch. 385, § 10; L. 1971, ch. 329, § 2; L. 1987, ch. 396, § 1; L. 1999, ch. 154, § 66; L. 2002, ch. 150, § 11; L. 2004, ch. 26, § 11; July 1.
Whenever fifty-one percent (51%) of the resident property owners of any territory adjacent to any township described in K.S.A. 80-1919 shall petition for the creation of a benefit district for the purposes set forth in K.S.A. 80-1923, it shall be the duty of the township boards of the townships in which said benefit district is located to organize such district and to define the limits thereof as set forth in said petition. If said benefit district is located entirely within one township, the township board, and where said benefit district is located in two or more townships, the township trustees of said townships shall constitute the board of directors of said benefit district and shall be authorized to execute contracts in accordance with the purposes of K.S.A. 80-1923 for said district.
History: L. 1953, ch. 469, § 3; June 30.
(a) Any benefit district organized under the provisions of K.S.A. 80-1922 is hereby authorized to contract with the township board having control over any fire department created under the provisions of K.S.A. 80-1920 for the furnishing of fire-fighting service within said district by said township board, and such township board is hereby authorized to contract with the governing body of any such benefit district to furnish fire-fighting service to such district upon such terms and for such compensation as may be agreed upon. Such township board may also contract with any individual or group of individuals, firm or corporation whose property is situated outside its township, to furnish fire-fighting services to such individual, group of individuals, firm or corporation upon such terms and for such compensation as may be agreed upon. A person in charge of the fire department shall have the right in every case to determine whether or not all or any portion of the fire equipment and volunteer members can be spared at any particular time.
(b) The compensation agreed upon in a contract pursuant to subsection (a) shall always be at least sufficient to pay the township owning the equipment for the cost of material used on the run and fighting the fire and, if such township be actually liable therefor, to pay the firemen and to enable such township to carry a sufficient amount of insurance to indemnify it for loss or damage to any fire-fighting equipment, or injury or damage to person or property. All such contracts shall be in writing and duly adopted by the township boards or township trustees concerned. The compensation agreed upon shall be a legal charge and collectible by the township rendering the service in any court of competent jurisdiction.
History: L. 1953, ch. 469, § 4; L. 1979, ch. 186, § 31; July 1.
The governing body of the benefit district shall annually provide for the levying of a tax upon the taxable tangible property in such benefit district and within the township sufficient to pay the compensation agreed upon in the contract with the township maintaining the fire department.
History: L. 1953, ch. 469, § 5; L. 1999, ch. 154, § 67; May 27.
Any rural volunteer fire-fighting organization, group or department organized and existing on the effective date of this act, which has secured fire-fighting equipment in accordance with federal law and is furnishing fire-fighting services, is hereby authorized pursuant to agreement to furnish fire-fighting service to any person, group of persons or a municipality upon such terms and for such compensation as may be agreed to: Provided, That the compensation shall be sufficient to pay the volunteer organization for the cost of required runs and a sufficient amount to carry insurance for loss or damage to fire-fighting equipment or injury or damage to person or property if the organization is found liable in damages. The agreement may specify that any municipality contracting with the fire-fighting organization may furnish quarters for the fire-fighting equipment, but shall not provide, in any case, for the transfer of the fire-fighting equipment to the municipality. The municipality shall be authorized to enter into such agreement with volunteer fire-fighting groups or departments and is authorized to determine the conditions upon which it will enter into such agreement. The compensation agreed upon may be paid from the general fund of the municipality, if specific tax moneys are not available for the purpose.
History: L. 1965, ch. 120, § 1; April 15.
As used in this act, the phrase "township board" means the township trustee, township clerk, and township treasurer, acting as a board. As used in this act, the phrase "sewage system" means the main, lateral, outfall and intercepting sewers which may be constructed by any sewage district within or without the corporate limits of any township as herein provided, including all manholes, pumps, lift stations and other appurtenances to such sewers, including sewage-disposal plants, if any be constructed by such sewage district as herein provided, and their appurtenances. As used in this act, the phrase "public water supply" means a supply of water furnished to residences and other customers in any part of the township through water mains, whether such mains are owned and operated by the township, an adjacent city or township, or by a private utility.
History: L. 1941, ch. 399, § 1; L. 1943, ch. 328, § 1; L. 1945, ch. 386, § 1; June 28.
Subject to the provisions of K.S.A. 19-270, and amendments thereto, the township board of any township having a public water supply, shall have the power, in the manner and as hereinafter provided, to establish one or more sewage districts within such township, or any part thereof, which shall be designated as " ______________ township sewage district No. ______, ______________ county, Kansas." A sewage district so established shall be a body corporate, with authority to levy taxes and special assessments, to enter into contracts, to sue and be sued in actions arising on contracts, and to establish, construct and maintain a sewage system for such sewage district and to issue bonds to pay therefor. The duly elected members of the township board shall be ex officio the governing body of such sewage district or districts, and each shall receive compensation for the time actually and necessarily spent in performing the duties required by this act. The amount of such compensation shall be determined by the township board as provided by K.S.A. 80-207, and amendments thereto.
All taxes and special assessments herein provided for shall be levied against property within such sewage district, and all bonds herein provided for shall be issued by such sewage district and shall not be an obligation of or lien against property in any part of the township which lies outside of such sewage district or against property in any other sewage districts in such township. The cost of the construction of all main, intercepting and outfall sewers and of all sewage disposal plants, and of the maintenance of the entire sewage system of such sewage district, shall be borne by the real property within such sewage district as a whole. The cost of the construction of lateral sewers within such sewage district shall be borne by the property benefited by such lateral sewers, by the organization of lateral sewer districts or otherwise as herein provided.
History: L. 1941, ch. 399, § 2; L. 1947, ch. 485, § 1; L. 1986, ch. 70, § 41; L. 1996, ch. 184, § 14; May 2.
Any land located within an improvement district created pursuant to K.S.A. 19-2753 et seq., and amendments thereto, or any land located within an industrial district created pursuant to K.S.A. 19-3801 et seq., and amendments thereto, shall not be included within the boundaries of any sewer district created pursuant to K.S.A. 80-2001 et seq., and amendments thereto, unless the governing body of such improvement district or industrial district approves the inclusion thereof.
Nothing in this section shall be construed as providing a procedure for the detachment or deannexation of land located within the boundaries of a sewer district.
History: L. 1997, ch. 143, § 6; May 8.
The township board of any township having a public water supply shall have the power to create a sewage district as hereinafter provided. Such action shall be taken by resolution of said township board, which shall be published for six days in the official county newspaper of the county within which such township is located, if the same be a daily newspaper, and for two consecutive weeks if the same be a weekly newspaper, and shall describe the boundaries of such proposed sewage district in sufficient detail with reference to established roads, street, section lines and other fixed locations, so that any property owner may readily ascertain whether or not his or her property is located therein, but need not include the legal description of such property, in whole or in part: Provided, however, That if within twenty days from the date of the last publication of the resolution creating such sewage district the resident owners of fifty-one percent of the real property lying within such proposed sewage district shall file with the township clerk written protests against the creation of such sewage district, the township board shall not proceed further with the creation of said sewage district.
History: L. 1941, ch. 399, § 3; April 15.
(a) Whenever a sewage district shall have been established in any township as herein provided, the governing body thereof shall employ engineers to make a survey of the district, to prepare plans and specifications for the construction of main, intercepting and outfall sewers, and to determine the most practical and economical means for the disposal of sewage, either by the construction of one or more sewage-disposal plants, or by contract with adjacent cities or townships, or by both the construction of such plants and the making of such contracts, and if such engineers shall recommend the construction of such sewage-disposal plants, they shall submit plans and specifications therefor with estimates of the cost of construction and maintenance thereof. The plans and specifications shall also include such lateral sewer districts together with an estimate of the cost of construction thereof as may be deemed immediately necessary.
(b) If such engineers shall find that any land in such district cannot be serviced by the proposed sewage system, without extraordinary expenses, on account of the topography of the land or otherwise or that any land in the proposed sewage district is adequately served by sewers they shall so report to the governing body, in which case the governing body shall by resolution, exclude such land from the sewage district, and such land shall not be liable for any part of the cost of constructing or maintaining such sewage system. Such plans and specifications shall be submitted to the governing body of such sewage district, and if approved by the governing body of such district, the same shall be submitted to the secretary of health and environment for approval, and shall be subject to such change and modification as may be reasonably required by the secretary of health and environment and approved by the governing body of the sewage district. Whenever such plans and specifications have been finally approved by the secretary of health and environment and the governing body of such sewage district, a copy of such plans and specifications as finally approved shall be filed with the county clerk of the county within which said township is located and be available for inspection by all persons interested therein.
(c) The cost of such plans and specifications and all other preliminary costs and expenses shall be apportioned to the lots and pieces of land within such proposed sewage district, and collected in one or more installments, as the township board may determine in the manner hereinafter provided for the payment of the cost of construction of such improvements, except whenever such plans and specifications have been filed and approved as herein provided and the governing body of such sewage district shall determine not to call an election at that time on account of federal laws or regulations prohibiting or limiting the construction of public works or prohibiting or limiting the use of any materials necessary to such sewage system; in such case, the governing body of such sewage district shall issue bonds of such sewage district to pay the cost of such plans and specifications and other preliminary expense, which bonds shall be authorized and issued by resolution of the governing body of such sewage district and shall be a lien upon all lots and pieces of land within such sewage district, and shall mature serially or otherwise, as may be specified in such resolution, during a period of not to exceed twenty (20) years from the date of issuance, and except as herein provided, shall be subject to all the provisions of the acts contained in article 1 of chapter 10 of the Kansas Statutes Annotated, and any acts amendatory thereof or supplemental thereto. Any bonds issued for such purposes shall be in addition to and may exceed the limits of bonds for any other purposes as provided by law.
(d) The governing body of any such sewage district issuing bonds under the provisions of this section shall levy such taxes as may be necessary to pay such bonds and interest, and such taxes shall be levied upon all the lots and pieces of land within such sewage district, without regard to the buildings and improvements thereon, at their assessed value, and without further appraisement. Whenever bonds have been issued under the provisions of this section, and if thereafter the governing body of such district, after approval at an election as provided in this act, shall issue bonds for the construction of such sewage system while all or part of the bonds, issued under the provisions of this section, are outstanding, the amount of such outstanding bonds shall be included in the cost of such system and in the total amount of bonds issued for the payment thereof, and the bonds issued under this section shall be exchanged for bonds of the same denomination and maturity of the general bond issue for such improvements.
History: L. 1941, ch. 399, § 4; L. 1943, ch. 328, § 2; L. 1975, ch. 462, § 124; L. 1978, ch. 99, § 40; April 25.
Before any such sewage district shall be authorized to construct any improvements therein, or to incur any expense (except for plans and specifications and other preliminary expense), the question of the making of such improvements shall be submitted to a special election of the qualified electors residing in such sewage district. Such election may be called by resolution of the governing body of the sewage district. Notice of such election, stating the time and place of voting therein, shall be given by publication in the official county paper for five consecutive weeks, the last publication to be not less than three nor more than ten days before such election. Such election notice shall state the boundaries of such district and shall notify all qualified electors residing within such sewage district of their right to vote at such election; and shall state the aggregate amount proposed to be expended by the sewage district (exclusive of federal grants, if any) for the construction of complete sewage system and expenses incident thereto, except lateral sewers and appurtenances thereto. The governing body of said sewage district shall designate one polling place for such election, which shall be either the regular meeting place of the township board of such township or some designated place within the sewage district, and shall select one single election board to receive and count the ballots at such election. At such election the polls shall be open between the hours of six o'clock, a.m., and seven o'clock, p.m. Such election shall be by ballot, and the proposition shall be submitted to the electors in substantially the following form:
"Shall ______________ township sewage district No. __________ be authorized to construct a sewage system, exclusive of lateral sewers, with sewage-disposal plant (or without sewage-disposal plant, as the case may be), at an aggregate cost to the district of $________, and to issue bonds and make special assessments against all lands in such district for the payment of the same?
Yes
☐
No
☐"
If a majority of the legal votes at such election are in the affirmative, the governing body of such sewage district shall have the power to make such improvements at an aggregate cost not to exceed the amount voted upon. If a majority of the legal votes at such election are in the negative, the governing body shall not have authority to make such improvements, nor to issue bonds therefor, nor to levy special assessments except for the preliminary expense, and no lateral sewers shall be constructed in such district as hereinafter provided unless and until the construction of main sewers has been authorized at such an election. If such improvements are not authorized at such election, such sewage district may be disorganized by affirmative vote of its governing body, or such district may continue in existence and may submit the question of the making of such improvements, either upon the same or different plans, at a future election, but no election shall be called within one year after the rejection of such proposition at any election. Additional improvements to the main sewage system may be made, and bonds issued therefor, only after being approved at a subsequent election held as above provided. The township board shall canvass the vote at such election, and, except where special provision is made herein, the election laws of Kansas governing elections in townships shall apply thereto.
History: L. 1941, ch. 399, § 5; April 15.
(a) Whenever authorized by an election as herein provided, the costs and expenses of constructing such main, intercepting and outfall sewers and appurtenances, with or without sewage-disposal plant, as above provided, together with the cost of acquiring land, engineering, appraisers, legal and other incidental expense, excepting only such part of the cost as may be borne by grant from the federal government, shall be assessed against the lots and pieces of ground contained within the sewage district, and shall be levied and collected as one tax, in addition to the other taxes and assessments, and shall be certified by the governing body of such sewage district to the county clerk, and be placed by such clerk upon the tax roll for collection, subject to the same penalties, entitled to the same rebates, and collected in the same manner as other taxes. The governing body may, in its discretion, provide for the payment of the cost thereof by installments instead of levying the entire tax or special assessment for such cost at one time; and for such installments, they may issue bonds of the sewage district, which bonds may mature serially or otherwise during a period of not more than 25 years from the date of issuance, and, except as herein provided, shall be subject to all of the provisions of article 1, chapter 10, of the Kansas Statutes Annotated. Any bonds issued for such purposes shall be in addition to and may exceed the limits of bonds for any other purposes as provided by law.
(b) If the county planning board and the board of county commissioners of any county in which a township sewage district has been created pursuant to the act of which this section is amendatory, each shall declare by resolution that a main, intercepting, or outfall sewer system or systems of such district, the plans and specifications of which have been finally approved, as provided in K.S.A. 80-2004, and amendments thereto, to be of public utility and necessary for the growth and needs of said county and necessary for the protection of the public health, the bonds issued under the authority of subsection (a) shall be, in addition to being obligations of the township sewage district, general obligations of the county. In case of default in the payment of such bonds or the interest thereon by the sewage district, the board of county commissioners of the county in which such sewage district is located shall levy a tax on the tangible property in such county sufficient to pay such bonds and interest.
No statute limiting the amount of bonded indebtedness of any county shall apply to any bonds issued under the authority of this section and such bonds shall not be considered in applying any statute limiting bonded indebtedness.
History: L. 1941, ch. 399, § 6; L. 1955, ch. 442, § 1; L. 1999, ch. 154, § 68; May 27.
As soon as the cost of such improvements is determined, the governing body of the sewage district shall determine and assess to each lot or parcel of ground in the sewage district the amount to be paid thereon, which amount shall be determined by the value of the lots and pieces of land without regard to the buildings or improvements thereon, which value shall be ascertained by three disinterested appraisers appointed by the governing body of the sewage district. It shall be the duty of said appraisers, within ten days after being notified of their appointment, to proceed to appraise such lots and pieces of land within the sewage district, after having taken and subscribed an oath to make a true and impartial appraisement, which appraisement shall be returned to the governing body of the sewage district at its first meeting after the same shall have been completed. When such appraisement is returned and filed with the clerk, the governing body shall appoint a time for holding a special session to hear any complaint that may be made as to the valuation of any lot or piece of land appraised as aforesaid, a notice of which special session shall be given by the governing body in the official county paper and by written notice by United States mail to each landowner at least ten days prior to said hearing; and said governing body at said special session may alter the valuation of any lot or piece of land if in their opinion the same has been appraised too high or too low.
The governing body shall immediately thereafter enact and publish a resolution which shall hold good for all the installments, fixing said assessment hereinbefore provided, as to each lot or parcel of ground. The clerk of such sewage district shall mail a written notice to the owner of each lot or parcel of ground, stating the amount levied against the same. The amounts levied against each lot or parcel of ground to pay for the bonds falling due in each year, and the interest due, shall be levied and collected the same as other taxes. No suit to set aside the said assessments or to enjoin the making of the same shall be brought nor any defense to the validity thereof be allowed, after the expiration of thirty days from the adoption of the resolution fixing said assessments and the mailing of the notices to the landowners as in this section provided.
History: L. 1941, ch. 399, § 7; April 15.
The governing body of such sewage district may apply for and accept grants of funds, materials or labor from the federal government or any department thereof in the construction of sewage systems as provided in this act, and may enter into such agreements as may be required by the federal laws or the rules and regulations of any federal department to which such application may be made, and where such assistance is granted, the sewage district may issue bonds as hereinafter provided for the remainder of the cost of such project.
History: L. 1941, ch. 399, § 8; April 15.
The governing body of such sewage district shall have the power to construct and maintain sewers with appurtenances thereof, through, under, across or along any street or public highway, and across any vacant property, to a connection with any creek, ravine or river within five miles of the township boundary, and to build, extend, operate and maintain sewage-disposal plants at any point along or near the line of such sewer; and for this purpose the right of eminent domain is hereby granted: Provided, however, That the governing body of such sewage district shall first obtain the written approval of the governing body of any city before constructing improvements in such city.
History: L. 1941, ch. 399, § 9; L. 1963, ch. 505, § 1; March 5.
The governing body of such sewage district shall have the power to acquire land and condemn rights of ways, construct pumping stations where necessary, and to do such other acts reasonable or necessary for the construction and operation of such sewage system, subject to the limitations provided by law. The governing body of such sewage district may enter into contracts with cities or adjoining townships within or without the state for the disposal of all or a part of the sewage of such district, and may contract to pay such price as may be agreed upon, upon a monthly or yearly basis or in a lump sum, for the disposal of such sewage.
History: L. 1941, ch. 399, § 10; L. 1949, ch. 502, § 1; March 30.
At any time after the approval of plans and specifications for main, intercepting and outfall sewers by the governing body of such sewage district, lateral sewers may be provided for, either by the creation of lateral sewer districts, as hereinafter provided, or by the issuance of revenue bonds, as hereinafter provided. No lateral sewers shall serve any property outside of the boundaries of the sewage district, and such lateral sewers must connect either with the main, intercepting or outfall sewers which are constructed or to be constructed by the township sewage district, or with the sewers of an adjacent city or township with which the sewage district may contract for the disposal of the sewage therefrom.
History: L. 1941, ch. 399, § 11; April 15.
Lateral sewer districts may be formed in the same manner as is herein provided for the formation of sewage districts, or by petition signed by the owners of more than one-half of the real estate in the proposed district, which petition shall be filed with the governing body of the sewage district. The petition or resolution shall describe the property to be included in the lateral sewer district in the same manner as is provided in K.S.A. 80-2003, and any amendments thereto.
The boundaries of such lateral sewer districts shall be within the boundaries of the sewage district. No lateral sewer district shall be formed until the construction of main sewers has been approved at an election as provided in K.S.A. 80-2005, and any amendments thereto; but no election shall be required for the making of improvements in lateral sewer districts within such main sewage district; and upon the formation of such lateral sewer districts, the governing body of the sewage district shall have power to construct lateral sewers therein, and shall levy taxes and special assessments against the property in such lateral sewer districts, and may issue bonds for the payment of the cost thereof, all in the same manner as above provided for the construction of main sewers by the sewage district, except that the taxes and special assessments for such lateral sewers shall be levied only against the property within such lateral sewer district, but any bonds therefor shall be issued by the sewage district, payable out of special assessments against property in such lateral sewer district, secured by the credit of the sewage district, and shall be a lien upon all property within the sewage district. Any and all bonds issued by the sewage district, payable by special assessments, shall be general obligation bonds of the entire sewage district, and whenever such special assessments are insufficient to pay the principal and interest of such bonds, the governing body shall be required to levy such tax against all property in the sewage district as may be necessary to pay the principal and interest of all bonds, attributable to such sewage district or lateral sewer district therein, as they come due, except only revenue bonds issued as hereinafter provided.
Whenever such taxes are levied and collected and applied to the payment of the principal or interest of such bonds, in an amount sufficient to pay the principal and interest which may thereafter fall due on the said bonds, attributable to said sewage district or lateral sewer district therein, no further special assessments shall be levied or collected from the property within such sewage district or lateral sewer district therein for such bonds.
History: L. 1941, ch. 399, § 12; L. 1953, ch. 471, § 1; June 30.
After the establishment of any sewage district or lateral sewer district, as herein provided, and subject to the provisions of K.S.A. 19-270, the boundaries of any such district may be enlarged by the filing with the governing body thereof of a petition signed by a majority of the resident property owners in the territory proposed to be added to such district. Whenever such district is enlarged, the governing body shall levy a special assessment against all the property added thereto, in an amount equal to the proportionate cost of all improvements theretofore made in such original district necessarily usable by such additional territory, or the bonds issued therefor, together with the special assessments for the additional improvements made in such territory so added by enlargement in the same manner as if such additional territory had been a part of such district when originally created. Such sums as may be received by such enlargement and assessment in favor of the original district shall be used to retire bonds issued for the construction of the system in the original sewer district.
History: L. 1941, ch. 399, § 13; L. 1986, ch. 70, § 42; May 15.
The governing body of any sewage district shall have the power, upon the organization of any additional sewage district which shall use any of the facilities constructed by such existing sewage district, to determine the proportion of such facilities to be used by such newly created district, whether main sewer or disposal plant, and to assess such proportion of the cost of such facilities and of the operation and maintenance of such facilities against such newly created sewage district, and to use the proceeds from such assessment to retire bonds issued to pay for the construction of such facilities or to pay for the cost of the maintenance and operation of such facilities, as the case may be.
History: L. 1941, ch. 399, § 14; April 15.
Where any property has paid or shall pay its full proportion for sewers in one sewer district, it shall not be transferred to another district and thereby be made liable for taxation for sewers in such other district, except that such land may be included in a joint sewage district for the building of sewers which may serve all the land embraced within said joint sewage district; such joint sewage district, composed of two or more sewage districts, may be organized and governed in the same manner as is herein provided for the organization and government of sewage districts: And provided further, That the governing body thereof may, in its discretion, provide for the payment of the costs thereof by installments instead of levying the entire tax and the special assessment for such cost at one time and may issue and sell improvement bonds in like manner.
History: L. 1941, ch. 399, § 15; April 15.
In lieu of the formation of lateral sewer districts, the governing body of such sewage district may construct lateral sewers by the issuance of revenue bonds of such sewage district, whenever there shall have been first presented to such governing body contracts in writing from a sufficient number of property owners along the lines of such proposed lateral sewer, agreeing to pay fixed charges for the use of such sewers for a period of not less than five years, sufficient to pay the principal and interest charges upon such bonds. In case any property owner so contracting shall default in the payment of the amounts provided in such contract, the governing body of such sewer district shall each year, at the time of certifying levies and special assessments to the county clerk, certify the amount such contracting property owner owes on such contract and the same shall be placed upon the tax rolls as a special assessment against the property owned by such contracting party at the time of signing such contract, and served by such sewer system, and be collected in the same manner as other special assessments herein provided.
History: L. 1941, ch. 399, § 16; April 15.
Whenever the governing body of such sewage district shall issue revenue bonds to finance the cost of construction of lateral sewer lines, such bonds shall be a specific lien upon such lateral sewers and the revenues derived therefrom, and shall in no case be a debt guaranteed or secured by any other property within the township, and no special election shall be required to authorize the issuance of such revenue bonds, and such revenue bonds shall not be taken into account or in any wise be a limitation upon the power of said township or sewage district to issue bonds for any other purpose. The issuance of such revenue bonds for the construction of one or more lateral sewers shall not operate to prevent the sewage district from issuing additional revenue bonds for the construction of other lateral sewers, nor from constructing other lateral sewers by the organization of lateral sewer districts, but the revenues derived from the charges against the users of lateral sewers constructed through each issue of revenue bonds shall be used only to pay the principal and interest charges upon such issue of revenue bonds, and the moneys derived from taxes and special assessments for any lateral sewer district shall be used only to pay the principal and interest charges upon the bonds issued for such lateral sewer district: Provided, That all property in the sewage district shall be liable for taxes and special assessments as herein provided for the construction of main, intercepting and outfall sewers and sewage-disposal plants, and for maintenance of the entire sewage system, in addition to the taxes, special assessments or other charges for lateral sewers, and regardless of whether lateral sewers have been constructed to serve such property.
History: L. 1941, ch. 399, § 17; April 15.
Whenever lateral sewers are constructed by the issuance of revenue bonds as herein provided, the governing body of the sewage district shall fix the charges for the use of such sewers upon such basis as will provide sufficient revenue to pay the interest and principal of such bonds and the cost of collection, and shall also provide for the collection of the same. Such governing body may provide that such charges for the use of such lateral sewers shall be billed and collected at the same time and in the same manner as the bills for water service to the users who have both water and sewer connections, and in such case the governing body may reserve the right to discontinue water service for the nonpayment of sewer charges, provided that the same is plainly stated in the form of contract signed by such sewer users. Whenever the revenues from the charges for the use of any lateral sewers shall be insufficient to pay the interest and principal upon the revenue bonds issued therefor, it shall be the duty of the governing body of the sewage district to increase the charges for the use of such laterals to an amount sufficient to meet such debt requirements, provided that the right to do so is plainly stated in the form of contract signed by such sewer users.
History: L. 1941, ch. 399, § 18; April 15.
Any revenue bonds issued under the terms of this act shall mature serially or otherwise within a maximum period of forty (40) years from the date of issue, and shall bear interest at a rate not to exceed the maximum rate of interest prescribed by K.S.A. 10-1009, and the provisions of K.S.A. 10-112 and K.S.A. 10-113 shall not apply to revenue bonds issued under the provisions of this act.
History: L. 1941, ch. 399, § 19; L. 1968, ch. 135, § 3; L. 1970, ch. 64, § 97; L. 1978, ch. 99, § 41; April 25.
Any revenue bonds issued under the provisions of this act shall be authorized by resolution of the governing body of the sewage district, and such resolution may contain such other covenants, agreements and restrictions not in conflict with any of the provisions of this act as may be deemed necessary or advisable by such governing body in order to insure the payment of the principal and interest of such revenue bonds as they become due.
History: L. 1941, ch. 399, § 20; April 15.
The governing body of such sewage district shall have authority to levy an annual tax upon taxable tangible property within such sewage district, for the purpose of paying the expense of operation and maintenance of the sewage system within such district and for the payment to any adjoining city or township, with which such sewage district may have contracted for the disposal of sewage.
History: L. 1941, ch. 399, § 21; L. 1947, ch. 486, § 1; L. 1949, ch. 502, § 2; L. 1955, ch. 443, § 1; L. 1959, ch. 407, § 1; L. 1999, ch. 154, § 69; May 27.
If any part of the territory on which a sewer system is located, is taken into any city during the time any bonds of such sewage districts are outstanding, which bonds are payable by special assessments against lots or parcels of ground so taken into the city, the city shall be responsible for the maintenance and operation of the portion of the sewer system taken into the city: Provided, That the governing body of the sewage district shall continue to levy the special assessments against the lots or parcels of ground taken into the city which are necessary to retire such bonds. In the event of such annexation, the sewage district may continue to empty its sewage into any main, intercepting or outfall sewers in the territory annexed, and may continue to operate any sewage disposal plant in the territory annexed unless the city shall take over the operation of such sewage-disposal plant without charge to the sewage district: Provided, That if any sewers constructed by revenue bonds shall be within the territory so annexed, the governing body of the sewage district shall retain the right, after such annexation, to provide for continuation of collecting the charges herein provided for the use of such sewers in the annexed territory until such time as the original bonds or any refunding bonds issued to pay for such construction are retired, unless the city shall assume the obligation of the payment of the principal and interest of such revenue bonds as may then be outstanding.
History: L. 1941, ch. 399, § 22; L. 1949, ch. 502, § 3; L. 1957, ch. 530, § 1; April 9.
This act shall be construed as supplemental to and not as repealing any existing laws. The purpose of this act is to provide an additional method for the construction and maintenance of sewers and sewage-disposal plants.
History: L. 1941, ch. 399, § 23; April 15.
In the event the territory included within a sewage district, or any part thereof, organized pursuant to the provisions of K.S.A. 80-2001 to 80-2020, inclusive, becomes a part of a city, such city shall control and manage that portion of the sewer system within the boundaries of such city, and shall be responsible for the certification of special taxes levied in payment of the principal and interest of the outstanding bonds. Such city shall not permit any person, firm or corporation, governmental agency or body politic, not within the boundaries of the sewage district at the time of annexation, to use the facilities of such a sewage system without paying a sum of money as a tapping fee therefor, which tapping fee shall be fixed by the governing body of the city and shall be the proper pro rata portion of the cost of building the sewer system. Such tapping fee may be made payable in installments and collected the same as other special assessments for similar services are collected in such city. Such tapping fee shall be used solely for the purpose of paying principal and interest of unpaid bonds issued to pay the cost of building the main or lateral sewers to be used by the area not theretofore charged with the cost of the same.
For the purpose of paying the tapping fees and for the purpose of providing for the extension of use of the facilities in the event of annexation, such city annexing all or part of such sewage district may extend the boundaries of the sewage district, or lateral sewer district, or organize lateral sewer districts, and levy assessments and issue bonds and construct main or lateral sewers, all as is provided in K.S.A. 80-2001 to 80-2020, inclusive.
The provisions of this act shall not apply to any city of the first class having a population of not less than eighty-five thousand (85,000) nor more than one hundred twenty thousand (120,000).
History: L. 1953, ch. 470, § 1; April 10.
If any sewage district in any township in any county in this state has heretofore issued bonds for the purpose of paying the cost of constructing sewers in lateral sewer districts within the said main sewage district, which said bonds were issued to mature during a period of more than twenty-five (25) years from the date of issuance thereof, instead of within twenty-five (25) years as provided by law at the time of the issuance of such bonds, and such bonds were otherwise legally issued, such bonds are hereby declared to be legal and binding obligations of said sewage district and are hereby validated.
History: L. 1953, ch. 472, § 1; February 18.
If all or any part of the territory of a sewage district organized pursuant to the provisions of K.S.A. 80-2001 to 80-2020, inclusive, and any amendments thereto is taken into any city at a time when said district shall have commenced a sewer improvement project and issued temporary notes for the payment of all or part of the costs of such sewer improvement project and before bonds have been issued to pay the costs of such sewer improvement project, the governing body of such sewage district shall have power to complete such sewer improvement project and to issue such bonds; and the liability for such bonds shall be determined, and tax levies to pay such bonds shall be made, in the same manner as provided in K.S.A. 80-2022 and any amendments thereto.
History: L. 1957, ch. 529, § 1; April 13.
The secretary of health and environment is authorized to conduct investigations to determine whether or not the sewage system of any township sewage district organized under the provisions of K.S.A. 80-2001 to 80-2023, inclusive, and amendments thereto, is adequate. Before determining whether or not such system is adequate the secretary of health and environment shall hold a hearing at some convenient place within such township, notice of which hearing shall be published once in the official county newspaper at least 10 days prior to such hearing, and at such hearing the governing body of such sewage district or any other interested person may appear. The hearing shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
History: L. 1961, ch. 468, § 1; L. 1975, ch. 462, § 125; L. 1988, ch. 356, § 349; July 1, 1989.
(a) If after such hearing the secretary of health and environment shall find that said sewage system is inadequate, the secretary shall so notify the governing body of such sewage district and said governing body shall proceed promptly to adopt a plan to correct the inadequacies specified by said secretary.
(b) If the governing body of such sewage district has issued bonds after an election held pursuant to K.S.A. 80-2005, or acts amendatory thereof, to pay the cost of said sewage system such governing body may issue the general obligation bonds or revenue bonds of said sewage district without an election for the purpose of constructing, reconstructing, repairing, replacing, extending, improving or enlarging, in any manner, said sewage system, including any sewage treatment or disposal facilities but excluding lateral sewers, in order to correct the inadequacies of such system, if the secretary of health and environment approves the amount and purpose for which such bonds are to be issued. The total amount of general obligation bonds issued without an election under the authority of this act shall not exceed twenty-five percent (25%) of the total amount of the original bonds authorized at the election hereinbefore mentioned, which was held under the provisions of K.S.A. 80-2005. If the amount of bonds hereinbefore authorized to be issued without an election does not provide sufficient moneys to make such improvements, then the governing body of such sewage district may issue the necessary additional bonds, but no such additional bonds shall be issued unless and until the question of their issuance shall have been submitted to a vote of the electors of such sewage district and a majority of those voting on the question shall have voted in favor thereof. The election on such question shall be noticed, held, conducted, and canvassed in like manner as provided in K.S.A. 80-2005 insofar as the same can be made applicable, but the ballot used at said election and the proposition submitted to the electors shall be in conformity with the provisions of K.S.A. 10-120.
(c) The governing body of such sewage district may levy an annual tax on all real property within such sewage district for any purpose for which bonds may be issued under the provisions of this section, which tax shall be in addition to all other taxes authorized or limited by law, and use the proceeds of such tax to correct the inadequacies of said sewage system and to pay expenses incidental thereto.
History: L. 1961, ch. 468, § 2; L. 1975, ch. 462, § 126; July 1.
General obligation bonds issued under the provisions of this act shall be payable out of special assessments levied against each lot and parcel of ground in said sewage district in the manner provided by K.S.A. 80-2007, or acts amendatory thereof. Said bonds shall be general obligations of said entire sewage district as provided in K.S.A. 80-2006 and 80-2012, or acts amendatory thereof, and shall mature within the period provided for and otherwise governed by the provisions of those sections. Revenue bonds issued hereunder shall be payable exclusively from the revenues derived from the operation of said sewage system and shall be issued and paid and charges shall be imposed in accordance with the provisions of article 12 of chapter 10 of the Kansas Statutes Annotated, and any amendments thereto.
History: L. 1961, ch. 468, § 3; June 30.
History: L. 1947, ch. 490, §§ 1, 2; L. 1968, ch. 133, §§ 1, 2; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1947, ch. 490, § 3; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1947, ch. 490, § 4; L. 1968, ch. 133, § 3; L. 1970, ch. 366, § 20; L. 1971, ch. 49, § 13; L. 1972, ch. 44, § 13; L. 1978, ch. 94, § 3; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1947, ch. 490, § 5; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1947, ch. 490, § 6; L. 1968, ch. 133, § 4; L. 1978, ch. 425, § 1; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1947, ch. 490, §§ 7, 8; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1947, ch. 490, § 9; L. 1977, ch. 54, § 40; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1947, ch. 490, § 10; L. 1968, ch. 133, § 5; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1947, ch. 490, §§ 11, 12; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1947, ch. 172, § 1; L. 1957, ch. 531, § 1; L. 1977, ch. 352, § 1; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1947, ch. 172, §§ 2, 3; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1947, ch. 172, § 4; L. 1977, ch. 352, § 2; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1947, ch. 172, § 5; L. 1969, ch. 480, § 1; L. 1971, ch. 330, § 1; L. 1977, ch. 352, § 3; L. 1981, ch. 394, § 1; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1947, ch. 172, §§ 6, 7; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1947, ch. 172, § 8; L. 1982, ch. 431, § 6; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1947, ch. 172, § 9; L. 1959, ch. 408, § 1; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1947, ch. 172, § 10; L. 1959, ch. 408, § 2; L. 1978, ch. 94, § 4; L. 1980, ch. 329, § 1; L. 1982, ch. 431, § 7; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1947, ch. 172, § 11; L. 1949, ch. 503, § 1; L. 1971, ch. 49, § 14; L. 1972, ch. 44, § 14; L. 1978, ch. 94, § 5; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1947, ch. 172, § 12; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1947, ch. 172, § 13; L. 1957, ch. 532, § 1; L. 1973, ch. 411, § 1; L. 1978, ch. 425, § 2; L. 1981, ch. 394, § 2; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1979, ch. 329, § 1; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1947, ch. 172, § 14; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1947, ch. 172, § 15; L. 1977, ch. 352, § 4; L. 1978, ch. 425, § 3; L. 1982, ch. 432, § 1; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1947, ch. 172, § 16; L. 1977, ch. 352, § 5; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1947, ch. 172, §§ 17, 18; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1947, ch. 172, § 19; L. 1977, ch. 54, § 41; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1981, ch. 394, §§ 3, 4; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1947, ch. 172, § 20; L. 1959, ch. 409, § 1; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1963, ch. 507, § 1; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1967, ch. 512, § 1; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1967, ch. 512, §§ 2, 3; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1982, ch. 431, §§ 1 to 5; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1949, ch. 174, § 1; L. 1955, ch. 444, § 1; L. 1978, ch. 426, § 1; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1949, ch. 174, §§ 2 to 8; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1949, ch. 174, § 9; L. 1955, ch. 444, § 2; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1949, ch. 174, § 10; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1949, ch. 174, § 11; L. 1971, ch. 49, § 15; L. 1972, ch. 44, § 15; L. 1978, ch. 94, § 6; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1949, ch. 174, § 12; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1949, ch. 174, § 13; L. 1978, ch. 425, § 4; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1949, ch. 174, § 14; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1949, ch. 174, § 15; L. 1978, ch. 425, § 5; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1949, ch. 174, §§ 16 to 18; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1949, ch. 174, § 19; L. 1977, ch. 54, § 42; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1949, ch. 174, § 20; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1949, ch. 174, § 21; L. 1963, ch. 234, § 88; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1951, ch. 518, § 1; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 445, § 1; L. 1978, ch. 426, § 2; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 445, §§ 2 to 11; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 445, § 12; L. 1971, ch. 49, § 16; L. 1972, ch. 44, § 16; L. 1978, ch. 94, § 7; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 445, § 13; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 445, § 14; L. 1978, ch. 425, § 6; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 445, § 15; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 445, § 16; L. 1978, ch. 425, § 7; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 445, §§ 17 to 19; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 445, § 20; L. 1977, ch. 54, § 43; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 445, § 21; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 445, § 22; L. 1963, ch. 234, § 89; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 445, § 23; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 127, § 1; L. 1978, ch. 426, § 3; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 127, § 2; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 127, § 3; L. 1967, ch. 511, § 1; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 127, §§ 4 to 9; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 127, § 10; L. 1959, ch. 410, § 1; L. 1970, ch. 406, § 1; L. 1978, ch. 427, § 1; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1970, ch. 406, § 2; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1970, ch. 406, § 3; L. 1980, ch. 329, § 2; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1970, ch. 406, §§ 4, 5; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 127, § 11; L. 1963, ch. 508, § 1; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 127, § 12; L. 1971, ch. 49, § 17; L. 1972, ch. 44, § 17; L. 1978, ch. 94, § 8; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 127, § 13; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 127, § 14; L. 1968, ch. 66, § 1; L. 1974, ch. 447, § 1; L. 1978, ch. 425, § 8; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 127, § 15; L. 1967, ch. 511, § 2; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 127, § 16; L. 1978, ch. 425, § 9; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 127, § 17; L. 1967, ch. 511, § 3; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 127, §§ 18, 19; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 127, § 20; L. 1977, ch. 54, § 44; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 127, § 21; L. 1979, ch. 331, § 1; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 127, § 22; L. 1963, ch. 234, § 90; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 127, § 23; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 446, § 1; L. 1978, ch. 426, § 4; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 446, §§ 2 to 8; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 446, § 9; L. 1974, ch. 448, § 1; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 446, § 10; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 446, § 11; L. 1971, ch. 49, § 18; L. 1972, ch. 44, § 18; L. 1978, ch. 94, § 9; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 446, § 12; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 446, § 13; L. 1978, ch. 425, § 10; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 446, § 14; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 446, § 15; L. 1978, ch. 425, § 11; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 446, §§ 16 to 18; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 446, § 19; L. 1977, ch. 54, § 45; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 466, § 20; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 446, § 21; L. 1963, ch. 234, § 91; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1955, ch. 446, § 22; Repealed, L. 1984, ch. 374, § 35; July 1.
History: L. 1977, ch. 347, §§ 1 to 12; Repealed, L. 1984, ch. 374, § 35; July 1.
The township board of any township, having a population of more than 7,500 and located in a county adjoining two cities either within or without the state each of which has a population in excess of 120,000, if by resolution the township board deems it necessary to protect the public health and welfare of the inhabitants of such township, may acquire land by lease, purchase, or under the provisions of K.S.A. 26-501 to 26-516, inclusive, and amendments thereto, by condemnation, within or without such township, to be used for the disposal of trash and garbage collected from the inhabitants of such township. For the purpose of acquiring such land and maintenance thereof, a tax levy on all taxable tangible property may be made annually. The funds derived from such levies shall be placed in the garbage and trash fund.
History: L. 1949, ch. 505, § 1; L. 1963, ch. 234, § 92; L. 1970, ch. 385, § 11; L. 1999, ch. 154, § 70; May 27.
The township board shall have the power to make all necessary rules and regulations concerning the acquiring of said land and relating to the use of said land when so acquired, and may provide rules and regulations fixing the powers and duties of inhabitants desiring to dump trash and garbage thereon; may provide facilities for incineration; may adopt land fill procedure and may deny the right to use said land for the purpose of disposing of trash and garbage to those persons who refuse or fail to comply with the rules and regulations adopted; may have the right to purchase equipment or erect buildings or other facilities thereon; may lease all or any part of such land for uses not inconsistent with the purpose for which it is acquired; may, by contract, permit the use of such land by cities or other townships: Provided, That a city, which was a part of a township at the time any tax levy was made under the provisions of the act of which this section is amendatory for the purpose of acquiring such land, may use such land for the purpose of disposing trash and garbage from such city upon payment to the municipal township in which such land is situate a reasonable monthly amount to help defray the cost of the maintenance and operation of said land as a place for the disposal of trash and garbage and such municipal township shall enter into a contract so providing whenever requested to do so by such a city; may have power to sell said land when no longer needed for the purpose for which it was acquired and the proceeds of such sale shall revert to the garbage and trash fund to be used for acquiring additional or other land for the same purposes.
History: L. 1949, ch. 505, § 2; L. 1953, ch. 473, § 1; April 10.
Two or more townships may exercise jointly the powers herein conferred upon each by this act; such joint exercise of powers shall be by means of a resolution adopted by the township board of each township, which shall contain the terms of the contract under which they proposed to exercise such powers jointly. The contract shall specify the respective interest and participation of each township in the acquisition of land; erection, operation and maintenance of buildings and equipment and which contain the rules and regulations governing the use of such land in disposing of garbage and trash thereon; such contract shall also define the respective interests of the townships in the proceeds from any sale or lease of the land. The joint resolution of each township board may alter or amend said contract in any particular.
History: L. 1949, ch. 505, § 3; June 30.
Whenever the township board of any township located in a county having a population of more than 55,000 and less than 100,000 finds and determines by resolution it is necessary to acquire a site or sites for the disposal of garbage, rubbish and trash within or without the township, the township board may acquire such site or sites by gift, purchase or condemnation and may construct necessary facilities thereon and purchase necessary equipment for the disposal of such garbage, rubbish and trash. In the event the township board of any such township finds it is necessary to acquire such site or sites by condemnation the governing body of the county shall proceed under the provisions of chapter 26 of the Kansas Statutes Annotated, and all acts amendatory thereof and supplemental thereto, or in substitution thereof. Whenever any such township shall so condemn such a site or sites, such township shall acquire a fee simple title thereto.
In order to pay for such site or sites and the construction of all necessary facilities and equipment to be used in the disposal of garbage, rubbish and trash, the township board of such township is authorized to issue general obligation bonds of the township in the manner provided by the general bond law. Whenever such a site has been acquired, the township board may pay the cost of the operation and maintenance of the same from the general fund or may levy a special tax therefor on all taxable tangible property of the township. Any two or more of such townships may join in the acquisition of a site or sites for the disposal of garbage, rubbish and trash and the operation and maintenance of such sites as heretofore provided in this section; and the township boards of such townships are hereby authorized and empowered to enter into agreements for such purposes.
History: L. 1963, ch. 506, § 1; L. 1970, ch. 385, § 12; L. 1999, ch. 154, § 71; May 27.
The township board of any township located in a county having a population of more than seven thousand eight hundred (7,800) and less than eight thousand three hundred (8,300) and an assessed tangible valuation of more than forty-eight million dollars ($48,000,000) and less than fifty-seven million dollars ($57,000,000) may annually levy a special tax at a rate not to exceed one-half (½) mill on all taxable tangible property within the township for the purpose of operating and maintaining a site for the disposal of solid waste. The moneys derived from the levy authorized herein shall be placed in a special fund known as the "solid waste disposal fund" and shall be used only for the purposes authorized herein. Said levy shall be in addition to, and shall not be included within, any aggregate limit fixed by law for townships.
No such tax levy shall be made under the authority of this act until the board of township trustees shall have adopted a resolution authorizing the same and stating the purpose for which the levy is to be made. Such resolution shall be published once each week for two (2) consecutive weeks in a newspaper of general circulation in the township. If, within sixty (60) days following the last publication of the resolution, a petition in opposition to the levy signed by not less than five percent (5%) of the qualified voters of the township is filed with the county election officer of the county in which such township is located, no such levy shall be made unless and until the same is approved by a majority of the qualified voters of the township voting thereon at a special election called and held for such purpose. Any such election shall be called, noticed and held in accordance with the provisions of K.S.A. 10-120, and amendments thereto.
History: L. 1978, ch. 428, § 1; L. 1978, ch. 429, § 1; July 1.
History: L. 1951, ch. 515, § 1; Repealed, L. 1982, ch. 433, § 1; July 1.
History: L. 1951, ch. 515, § 2; Repealed, L. 1982, ch. 433, § 1; July 1.
History: L. 1951, ch. 515, § 3; L. 1953, ch. 474, § 1; L. 1957, ch. 533, § 1; Repealed, L. 1982, ch. 433, § 1; July 1.
History: L. 1951, ch. 515, §§ 4 to 6; Repealed, L. 1982, ch. 433, § 1; July 1.
History: L. 1951, ch. 515, § 7; L. 1953, ch. 474, § 2; L. 1957, ch. 534, § 1; L. 1963, ch. 234, § 93; Repealed, L. 1982, ch. 433, § 1; July 1.
History: L. 1951, ch. 515, § 8; Repealed, L. 1982, ch. 433, § 1; July 1.
Revisor's Note: Later act for incorporation of cities of third class, see 15-115 through 15-125.
History: L. 1959, ch. 413, §§ 1 to 15; Repealed, L. 1963, ch. 509, § 12; June 30.
History: L. 1955, ch. 448, § 1; L. 1963, ch. 234, § 94; Repealed, L. 1982, ch. 433, § 1; July 1.
History: L. 1955, ch. 448, § 2; Repealed, L. 1982, ch. 433, § 1; July 1.
History: L. 1955, ch. 448, § 3; L. 1965, ch. 552, § 1; L. 1977, ch. 105, § 44; Repealed, L. 1982, ch. 433, § 1; July 1.
History: L. 1955, ch. 448, § 4; L. 1963, ch. 234, § 95; Repealed, L. 1982, ch. 433, § 1; July 1.
History: L. 1955, ch. 448, §§ 5 to 7; Repealed, L. 1982, ch. 433, § 1; July 1.
As used in this act:
(a) "Board" means a hospital board which is selected in accordance with the provisions of this act and which is vested with the management and control of an existing hospital or a hospital established under the provisions of this act;
(b) "hospital" means a medical care facility as defined in K.S.A. 65-425, and amendments thereto, and includes within its meaning any clinic, long-term care facility, limited care residential retirement facility, child-care facility, emergency medical or ambulance service operated in connection with the operation of the medical care facility and joint enterprises for the provision of health care services operated in connection with the operation of the medical care facility;
(c) "hospital moneys" means, but is not limited to, moneys acquired through the issuance of bonds, the levy of taxes, the receipt of grants, donations, gifts, bequests, interest earned on investments authorized by this act and state or federal aid and from fees and charges for use of and services provided by the hospital;
(d) "existing hospital" means a hospital established under the provisions of article 21 of chapter 80 of Kansas Statutes Annotated, and acts amendatory of the provisions thereof or supplemental thereto, prior to the effective date of this act and being maintained and operated on the effective date of this act;
(e) "political subdivision" means a township, a city or a hospital district established under the provisions of article 21 of chapter 80 of Kansas Statutes Annotated, and acts amendatory of the provisions thereof or supplemental thereto, prior to the effective date of this act or established under this act;
(f) "qualified elector" means any person who has been a bona fide resident within the territory included in the taxing district of a hospital for 30 days prior to the date of any annual meeting or election provided for in this act and who possesses the qualifications of an elector provided for in the laws governing general elections;
(g) As used in this section, a "limited care residential retirement facility" means a facility, other than an adult care home, in which there are separate apartment-style living areas, bedrooms, bathrooms and individual utilities; which facility is available only to individuals 55 years of age or older; and which facility has at least the following characteristics: (1) A common recreational and dining area; (2) planned recreation and social gatherings; (3) laundry facilities or services and housecleaning services; (4) special dietary programs providing at least one meal per day; (5) organized wellness programs; (6) a 24-hour emergency call system in each unit staffed by the hospital district; (7) a nursing staff from the hospital district on 24-hour call for residents; and (8) availability of additional health related services, laundry services, housekeeping, means for individuals with special or additional needs;
(h) "joint enterprise" means a business undertaking by a hospital and one or more public or private entities for the provision of health care services.
History: L. 1984, ch. 374, § 1; L. 1991, ch. 289, § 1; L. 2003, ch. 51, § 3; July 1.
(a) Any existing hospital district and any existing hospital established under the laws of this state prior to the effective date of this act are hereby continued in existence and shall be governed in accordance with the provisions of this act, and any existing board shall be deemed to be the board for purposes of this act unless and until a new board is selected in accordance with the provisions of this act.
(b) This act shall not affect any judicial proceeding pending or any contract, tax levy, bond issuance or other legal obligation existing on the effective date of this act.
History: L. 1984, ch. 374, § 2; July 1.
(a) Any two or more adjoining political subdivisions are hereby authorized to join in the establishment of a hospital district and in the acquisition, construction or reconstruction, improvement, enlargement, remodeling or repairing of a hospital within such hospital district and in the operation and maintenance of any such hospital.
(b) Upon the presentation to the board of commissioners of the county in which such political subdivisions, or the greater portion of the territory thereof, are located, of a petition setting forth the boundaries of the proposed hospital district and requesting the formation of such hospital district, and stating that a person who has signed the petition may withdraw such person's name from the petition by giving written notice thereof at any time within three days following the date of signing the petition, excluding Saturdays, Sundays and legal holidays to the county election officer of the county in which such political subdivision, or the greater portion of the territory of the proposed district, is located, signed by not less than 51% of the qualified electors of the proposed district and who reside within the limits of each political subdivision proposing to join in the establishment of the hospital district, the sufficiency of such petitions to be determined by an enumeration taken and verified for this purpose by the county election officer of the county in which such political subdivision, or the greater portion of the territory of the proposed district, is located, it shall be the duty of the board of county commissioners, at its next regular meeting, to examine the petition. If the board of county commissioners finds that the petition is sufficient, regular and in due form as is provided in this section, such board shall enter an order in its proceedings establishing the hospital district. If any political subdivision within the territory of the proposed district owns and is operating a hospital at the time the petitions are filed, the petitions shall be accompanied by a copy of a resolution adopted by the governing body of the political subdivision within such district which owns the hospital, which resolution shall state that the political subdivision agrees to convey the hospital together with all the hospital equipment and the tract of land upon which the hospital is located to and for the use of the proposed hospital district. The governing body of the political subdivision is hereby authorized and directed to adopt such a resolution and to make such conveyance.
(c) Territory included within the boundaries of an existing hospital district operating and maintaining a hospital shall not be included in a new hospital district unless a majority of the qualified electors of the existing hospital district voting at an election vote to be included in such new hospital district. Such election shall be held in conformity with statutes applicable to question submitted elections.
History: L. 1984, ch. 374, § 3; July 1.
Upon the establishment of a hospital district, the board of county commissioners shall cause a notice to be published, once each week for two consecutive weeks, in a newspaper of general circulation in the hospital district stating that a meeting of the qualified electors of such hospital district will be held at the time and place fixed in the notice for the purpose of electing the first board for such district. The last publication of such notice shall be made not more than six days prior to the date fixed for the holding of the meeting. The cost of such publication shall be borne equally by the political subdivisions joining in the establishment of the hospital district and paid from the respective general funds thereof. At the time and place fixed for the holding of the meeting, the chairperson of the board of county commissioners, or a person designated by the chairperson, shall call such meeting to order and the qualified electors of the hospital district shall proceed to elect a chairperson and a secretary for the meeting. Thereupon, the qualified electors shall proceed to:
(a) Provide for the establishment of a board to be vested with the management and control of the hospital and fix the number of members thereof in accordance with the provisions of subsection (a) of K.S.A. 80-2506;
(b) elect by ballot the members of the first board to serve for designated terms of one, two and three years and until the selection and qualification of their successors who shall be selected in a manner to be determined at the meeting; and
(c) determine the date, time and place of annual meetings of the qualified electors which date, time and place shall be incorporated into the bylaws adopted by the board.
History: L. 1984, ch. 374, § 4; July 1.
Upon the selection and organization of the first board, the governing body of any political subdivision joining in the establishment of the hospital district which owns and is operating a hospital at the time the petitions for the organization of such hospital district were filed, shall convey or lease its hospital and the tract of land upon which the hospital is located and all the hospital equipment to the hospital district established under the provisions of this act, which conveyance or lease shall take effect upon the delivery and acceptance of the hospital by the hospital district. The governing body of any such political subdivision shall pay over to the treasurer of the hospital district all the unencumbered moneys in the hospital fund of such political subdivision on January 1, and the treasurer shall place the moneys in the operation and maintenance fund of such hospital district. If any such political subdivision has accumulated and set aside funds for the construction of an addition to the hospital owned, operated and conveyed or leased by it or for the purpose of constructing and equipping a new hospital, or for other like purposes, the governing body of such political subdivision shall pay over to the treasurer of the hospital district all such funds on hand on January 1, and the treasurer of the hospital district shall place the same in a special building fund to be used exclusively for the purpose of constructing and equipping an addition to the hospital or for the acquisition of a site and the construction and equipping of a new hospital or for the acquisition of any other hospital within the hospital district; and the funds may be used in addition to any other funds of the hospital district raised for such purposes by the issuance of bonds or the levying of taxes.
History: L. 1984, ch. 374, § 5; July 1.
(a) Every hospital shall be governed by a board composed of members who are qualified electors of the county where the hospital is located or of any county adjacent to such county and, if such member is a qualified elector of an adjacent county, such member shall own real property located in the territory included in the taxing district of the hospital. The board shall be composed of three, five, seven or nine members. A majority of the members of the board shall be residents of the county where the hospital is located. Whenever the number of members of a board is increased, the expiration of the terms of the members selected for the new positions on the board shall be fixed to coincide with the expiration of the terms of the members serving on the board at the time of the creation of the new positions so that not more than a simple majority of the members of the board is selected at the same time.
(b) Upon presentation to the board of commissioners of the county where the hospital district, or the greater portion of the territory thereof, is located, of a petition requesting a change in the number of board members signed by not less than 5% of the qualified electors of the district, it shall be the duty of the board of county commissioners, at its next regular meeting, to examine the petition. The petition shall set forth the requested number of board members. If the board of county commissioners finds that the petition is sufficient and regular and in due form as is provided in this section, the board of county commissioners shall direct the county election officer of the county to prepare ballots for a special election, including ballots for that portion of the district located in any other county. The county election officers of each county shall present the question to the qualified voters of the district at the next general election in the counties, and the board of county commissioners of each county shall certify the results of the votes cast in the county to the board of county canvassers in the county where the ballots were prepared. The change in number shall become effective at the next election for board members if a majority of the qualified electors voting on the question vote in favor of the change in number of board members.
(c) Subject to the provisions of K.S.A. 80-2508(b), and amendments thereto, members of the board of every existing hospital shall serve as members of such board for the terms for which they were selected and until their successors are selected and qualified. Except as provided by K.S.A. 80-2508(a)(4), and amendments thereto, successors to such members shall be selected to serve for a term of three years.
(d) Terms of members of the first board of any hospital established under the provisions of this act shall be as provided for in K.S.A. 80-2504(b), and amendments thereto, and shall be staggered so that terms of not more than a simple majority of the members expire at the same time. Thereafter, except as provided by K.S.A. 80-2508(a)(4), and amendments thereto, upon the expiration of terms of members first selected, successors to such members shall be selected to serve for terms of three years.
(e) Vacancies in the membership of a board occasioned by death, removal, resignation or any reason other than expiration of a term shall be filled for the unexpired term by appointment by the chairperson of the board with the advice and consent of the remaining members of the board.
History: L. 1984, ch. 374, § 6; L. 1987, ch. 397, § 1; L. 2023, ch. 57, § 2; April 27.
Members of the board of every existing hospital shall be selected in accordance with the following:
(a) Every board which is being selected on the effective date of this act in the manner provided for in K.S.A. 80-2102, which section is repealed by this act, shall continue to be selected in such manner until changed in accordance with law.
(b) Every board which is being selected on the effective date of this act in the manner provided for in K.S.A. 80-2121, which section is repealed by this act, shall continue to be selected in such manner until changed in accordance with law.
(c) Every board which is being selected on the effective date of this act in the manner provided for in K.S.A. 80-2141, which section is repealed by this act, shall continue to be selected in such manner until changed in accordance with law.
(d) Every board which is being selected on the effective date of this act in the manner provided for in K.S.A. 80-2164, which section is repealed by this act, shall continue to be selected in such manner until changed in accordance with law.
(e) Every board which is being selected on the effective date of this act in the manner provided for in K.S.A. 80-2187, which section is repealed by this act, shall continue to be selected in such manner until changed in accordance with law.
(f) Every board which is being selected on the effective date of this act in the manner provided for in K.S.A. 80-21,109, which section is repealed by this act, shall continue to be selected in such manner until changed in accordance with law.
(g) Every board which is being selected on the effective date of this act in the manner provided for in K.S.A. 80-2132g, which section is repealed by this act, shall continue to be selected in such manner until changed in accordance with law.
History: L. 1984, ch. 374, § 7; July 1.
(a) Subject to the limitations provided in this act, any of the four methods described in this section may be used in the selection of members of boards. The four methods are:
(1) Elections of board members shall be held at the annual meeting of the qualified electors of the hospital district for the positions on the board which are to expire in such year.
(2) Board members shall be appointed by the governing bodies of the political subdivisions joining in the operation and maintenance of the hospital.
(3) (A) Elections of board members for four-year terms shall be held on the Tuesday following the first Monday in November of odd-numbered years for the positions on the board which are to expire in such year. All positions shall be at-large. Each board member shall take office on the second Monday in January following the date of election.
(B) Any person desiring to become a candidate for board member shall file with the county election officer of the county in which the political subdivisions joining in the operation and maintenance of the hospital, or the greater portion of the area thereof, are located, before the filing deadline specified in K.S.A.
25-2109, and amendments thereto, either a petition signed by not less than 50 electors eligible to vote for a candidate or a declaration of intent to become a candidate together with a filing fee in the amount of $20.
(C) The county election officer of the county specified in paragraph (B) shall prepare the ballots for such election including ballots for that portion of the district located in any other county. The county election officers of each county shall conduct the election in their respective counties, and the board of county canvassers of each such county shall certify the results of the votes cast in its county to the board of county canvassers in the county in which the ballots for the election were prepared.
(D) Ballots shall be prepared in such manner that each voter is instructed to vote for the same number of candidates as the number of positions to be filled. Such instruction shall specify that the voter may vote for fewer than the total number of candidates for which the voter is qualified to vote.
(4) (A) Elections of board members for three-year or four-year terms shall be held on the Tuesday succeeding the first Monday in November of each year for the positions on the board which are to expire in such year. All positions shall be at-large. Each board member shall take office on the second Monday in January.
(B) Any person desiring to become a candidate for board member shall file with the county election officer of the county in which the political subdivisions joining in the operation and maintenance of the hospital, or the greater portion of the area thereof, are located, before the filing deadline specified in K.S.A.
25-2109, and amendments thereto, either a petition signed by not less than 50 electors eligible to vote for a candidate or a declaration of intent to become a candidate together with a filing fee in the amount of $20.
(C) The county election officer of the county specified in paragraph (B) shall prepare the ballots for such election including ballots for that portion of the district located in any other county. The county election officers of each county shall conduct the election in their respective counties, and the board of county canvassers of each such county shall certify the results of the votes cast in its county to the board of county canvassers in the county in which the ballots for the election were prepared.
(D) Ballots shall be prepared in such manner that each voter is instructed to vote for the same number of candidates as the number of positions to be filled. Such instruction shall specify that the voter may vote for fewer than the total number of candidates for which the voter is qualified to vote.
(b) If the method of selection of members of the board of any hospital is the method provided for in subsection (a)(1) or (2), such method of selection may be changed to the method provided for in subsection (a)(3) or (4) by majority vote of the qualified electors voting at an annual meeting thereof. Whenever the method of selection of members of a board is changed to the method provided for in subsection (a)(3) or (4), the term of each member serving on the board at the time of the change of method of selection shall expire on May 1 of the year in which the term of such member is to expire, except that for the purpose of electing members to the board at a time to coincide with elections for other purposes, the board may extend the term of any member for not to exceed one year from the date such member's term would otherwise expire and the board of Sublette hospital district may change prior to the election the length of term for one member to be elected at the 1997 election from four years to two years. If the members of the board are currently selected pursuant to subsection (a)(3), the method of selection may be changed to the method provided for in subsection (a)(4) by a majority vote of the board members.
History: L. 1984, ch. 374, § 8; L. 1987, ch. 397, § 2; L. 1995, ch. 107, § 1; L. 1996, ch. 190, § 1; L. 2015, ch. 88, § 70; L. 2016, ch. 55, § 3; July 1.
(a) Members of the board, within 10 days after their selection, shall qualify by taking the oath or affirmation of civil officers as provided for in article 1 of chapter 54 of Kansas Statutes Annotated and acts amendatory of the provisions thereof or supplemental thereto. Annually, the board shall organize by electing from its membership a chairperson and a vice-chairperson. The board shall appoint, from within or without its membership, a secretary and a treasurer who shall hold office at the pleasure of the board. No bond need be required of any member of the board except the treasurer.
(b) The treasurer, before entering upon the duties of office, shall give an official bond in an amount to be determined by the board.
(c) The board shall hold meetings at least once each month, and shall keep and maintain a complete record of all its proceedings and an accurate record of all qualified electors attending each meeting. Such records shall be available for public inspection upon request. A simple majority of the members serving on the board shall constitute a quorum for the transaction of business.
(d) The board shall make a report to the qualified electors at each annual meeting thereof, which report shall contain: (1) A statement of all receipts and expenditures during the calendar year immediately preceding such annual meeting; (2) a statement of the proceedings of the board which have been had since the last annual meeting; and (3) such other information as the board shall deem advisable.
History: L. 1984, ch. 374, § 9; July 1.
Members of the board may be allowed compensation by majority vote of the qualified electors voting at an annual meeting and, if allowed, such compensation shall be in an amount determined by the qualified electors voting at the annual meeting. If compensation is allowed, the board may allow the secretary additional compensation. All members may also be reimbursed for any actual and necessary personal expenses incurred as a member of the board, including an allowance for mileage, in the amount fixed under K.S.A. 75-3203 and amendments thereto for each mile actually traveled while engaged in hospital business. An itemized statement of all such expenses and money paid out shall be kept and maintained and shall be filed with the secretary of the board who shall keep and maintain the same as a part of the public records of the hospital.
History: L. 1984, ch. 374, § 10; July 1.
(a) The board shall make and adopt such bylaws, rules and regulations for the management and control of the hospital as it deems necessary so long as the same are not inconsistent with this act, the statutes of the state of Kansas and the ordinances or resolutions of any political subdivision included in the area which constitutes the taxing district of the hospital. The board shall have the exclusive control of the expenditures of all hospital moneys and all expenditures shall be subject to the approval of a majority of the members of the board. The board is authorized to invest in any mutual insurance company organized by an association of health care providers to which the hospital belongs, enter into contracts with such company, pay any assessments pursuant to such contracts and arrange for the issuance of a letter of credit by any bank chartered by this state or which is a member bank of the federal reserve system.
(b) The board is charged with the supervision, care and custody of all hospital property. The board is authorized to enter into an employment contract to engage the services of an administrator, or a chief executive officer to manage the affairs of the hospital which establishes compensation for such services and the terms of engagement. The board may expend funds for the recruitment or retention of staff and such expenditures may include, but are not limited to: (1) The expenditure of funds for the provision of loans or scholarships to aid in financing the education of persons who agree, upon completion of their education, to become members of the staff; and (2) the purchase of professional liability insurance for such staff.
(c) The board may require personal or surety bonds of all hospital employees entrusted with the handling of hospital moneys, such bonds to be in an amount to be determined and approved by the board. The board may establish and fund pension and deferred compensation plans and any other employee benefit plans for hospital employees and may procure contracts insuring hospital employees, their dependents, or any class or classes thereof, under a policy or policies covering one or more risks including, but not limited to, a policy or policies of life, disability income, health, accident, accidental death and dismemberment, and hospital, surgical and medical expense insurance or may provide for a plan of self-insurance for such purposes. The employee's contribution, if any, to the plan and to the premiums for insurance and for any expenses incurred by the board under a plan of self-insurance may be deducted by the employer from the employee's salary when authorized in writing by the employee.
History: L. 1984, ch. 374, § 11; L. 1988, ch. 147, § 13; L. 1991, ch. 66, § 9; L. 2008, ch. 31, § 5; July 1.
(a) An annual meeting of the qualified electors who reside within the taxing district of the hospital shall be held on the date and at the time and place determined at the first meeting of the qualified electors in accordance with the provisions of subsection (c) of K.S.A. 80-2504 or determined at the first annual meeting of the qualified electors held after the effective date of this act. The date, time and place of annual meetings so determined shall be incorporated into the bylaws adopted by the board.
(b) The board shall give notice of every annual meeting by causing a notice to be published, once each week for two consecutive weeks, in a newspaper of general circulation in the taxing district of the hospital, the last publication of such notice to be made not more than six days prior to the date of holding the meeting. All notices shall include the time and place of the meeting.
History: L. 1984, ch. 374, § 12; July 1.
(a) The board of any hospital is hereby authorized to issue bonds of the taxing district of the hospital for the purpose of providing funds to be used for acquiring a site, constructing and equipping of a hospital building in the manner and subject to the requirements and limitations set forth in subsections (c), (d) and (e).
(b) Such board is hereby authorized to issue bonds of the taxing district for the purpose of providing funds to be used to reconstruct, build an addition to, or improve or equip an existing hospital building, or the purchase of improved or unimproved real estate for the use of the hospital, or for any one or more of such purposes in the manner and subject to the requirements and limitations set forth in subsections (c), (d) and (e).
(c) No bonds shall be issued under authority of this section unless and until the question of the issuance of same has been submitted to the qualified electors of such taxing district at a special election called for that purpose and a majority of those voting on the proposition shall have declared by their votes to be in favor of the issuance of the same. The board shall have power to call such special election, and notice thereof shall be given pursuant to the provisions of K.S.A. 10-120 and amendments thereto; and the election returns of the special election shall be made to the secretary and be canvassed by the board.
(d) All bonds issued under the authority conferred by this section shall be issued, registered, sold, delivered and retired in accordance with the provisions of the general bond law, and such bonds and the interest thereon shall be paid by general tax to be levied upon all the taxable tangible property within the taxing district of the hospital, including all territories attached as provided in K.S.A. 80-2522.
(e) At no time shall the total bonded indebtedness of any such taxing district exceed 15% of the assessed value of all of the taxable tangible property within the district as shown by the assessment books of the year next preceding the one in which a new issue of bonds is proposed to be made.
History: L. 1984, ch. 374, § 13; July 1.
No hospital building or addition shall be erected or constructed until the plans and specifications have been made therefor, adopted by the board, and bids advertised for according to law for county buildings.
History: L. 1984, ch. 374, § 14; July 1.
The board shall have charge of the construction, erection, purchase and equipping of any hospital or addition to any hospital and shall employ an architect to prepare the plans and specifications, and to superintend the erection and construction thereof. The architect may be paid out of the proceeds of any bonds issued to provide funds for the erection or construction of such hospital or hospital addition. The architect shall file such plans and specifications, together with an estimate of the cost thereof, under oath, with the secretary of the board. No contract shall be awarded at a price in excess of such estimated costs. After considering and approving the plans and specifications prepared and filed, the board shall advertise for three consecutive weeks, in a newspaper of general circulation in the taxing district of the hospital, for sealed proposals for the doing of such work, in accordance with the plans and specifications therefor, and such contract shall be let to the lowest responsible bidder, the board reserving the right to reject any or all bids. Each bidder shall accompany the bid with a bid bond for 5% thereof issued by a surety company authorized to do business in the state of Kansas or a certified check for 5% thereof payable to the treasurer of the board, as a guaranty that if the contract is awarded to such bidder, such bidder will enter into a contract with the board to perform the same; and if such bidder fails to enter into such contract when awarded, the amount deposited shall be and become the property of the hospital, as liquidated damages, and shall be paid into the operation and maintenance fund of the hospital. The board may require the contractor to give to it a bond guaranteeing the faithful performance of the contract.
History: L. 1984, ch. 374, § 15; July 1.
(a) The board may determine and fix an annual tax to be levied for the purpose of operating, equipping, maintaining and improving the hospital. Subject to the provisions of subsection (b), such tax shall not exceed two mills or the amount authorized to be levied in the year 1983, whichever is the greater amount. The board shall certify such levy to the county clerk of the county wherein the greater portion of territory of the taxing district is located. The county clerk to whom the levy is certified shall certify the final tax levy rate computed pursuant to K.S.A. 79-1803 and amendments thereto of such taxing district to the county clerk of every other county in which a part of the territory of such taxing district is located. Such tax levy shall be in addition to all other tax levies authorized or limited by law and shall not be subject to the aggregate tax levy limitation imposed by law upon the political subdivision.
(b) No levy in excess of the limitation imposed under subsection (a) shall be made unless and until the board shall adopt a resolution authorizing a levy therefor in excess thereof. Thereafter such levy in an amount not to exceed that specified in the resolution may be made unless a petition in opposition thereto, signed by not less than 5% of the qualified electors of the taxing district, is filed with the county election officer of the county in which the greater portion of the area of such taxing district is located. In the event a petition in opposition to such levy is filed hereunder, no levy in excess of the amount previously authorized shall be made until the question of making the same has been submitted to the qualified electors of the taxing district at a special election called for that purpose and a majority of those voting thereon shall have voted in favor thereof. All such elections shall be called and held in the manner provided for the calling and holding of elections upon the question of the issuance of bonds under the general bond law.
(c) All taxes collected for a hospital district shall be distributed and paid to the treasurer of the board of such hospital district in the manner provided for distribution of taxes pursuant to K.S.A. 12-1678a and amendments thereto. The treasurer of the hospital district upon receiving such money shall issue a receipt to the county treasurer and the county clerk of the county sending such money. The county clerk of the county sending such money, upon receiving such a receipt, shall notify the board of county commissioners of such county, and it shall give the county treasurer proper credit therefor.
History: L. 1984, ch. 374, § 16; July 1.
(a) The board may enter into written contracts for: (1) The lease of any hospital property to any person, corporation, society or association upon such terms and conditions as deemed necessary by the board;
(2) the lease of real property to be used for hospital purposes from any person, corporation, society or association upon such terms and conditions as deemed necessary by the board;
(3) the lease of personal property from any person, corporation, society or association upon such terms and conditions as deemed necessary by the board. Any such contract may provide for the payment as compensation for use of such personal property a sum substantially equivalent to or in excess of the value of the personal property under an agreement that the hospital shall become, or for no further or a merely nominal consideration has the option of becoming, the owner of the personal property upon full compliance with the provisions of the contract;
(4) the management of any hospital with any person, corporation, society or association upon such terms and conditions as deemed necessary by the board.
(b) The board may sue in its own name or in the name of the hospital. The board may be sued and may defend any action brought against it or the hospital.
(c) The board is not subject to the cash-basis law.
History: L. 1984, ch. 374, § 17; July 1.
(a) All hospital moneys, except moneys acquired through the issuance of revenue bonds, shall be paid to the treasurer of the board, shall be allocated to and accounted for in separate funds or accounts of the hospital, and shall be paid out only upon claims and warrants or warrant checks as provided in K.S.A. 10-801 to 10-806, inclusive, and K.S.A. 12-105a and 12-105b, and amendments to these statutes. The board may designate a person or persons to sign such claims and warrants or warrant checks.
(b) The board may accept any grants, donations, bequests or gifts to be used for hospital purposes and may accept federal and state aid. Such moneys shall be used in accordance with the terms of the grant, donation, bequest, gift or aid and if no terms are imposed in connection therewith such moneys may be used to provide additional funds for any improvement for which bonds have been issued or taxes levied.
(c) Hospital moneys shall be deemed public moneys and hospital moneys not immediately required for the purposes for which acquired may be invested in accordance with the provisions of K.S.A. 12-1675, and amendments thereto. Hospital moneys acquired through the receipt of grants, donations, bequests or gifts and deposited pursuant to the provisions of K.S.A. 12-1675, and amendments thereto, need not be secured as required under K.S.A. 9-1402, and amendments thereto. In addition, hospital moneys may be invested in joint enterprises for the provision of health care services as permitted by subsection (b) of K.S.A. 80-2501, and amendments thereto.
(d) Hospital moneys which are deposited to the credit of funds and accounts which are not restricted to expenditure for specified purposes may be transferred to the general fund of the hospital and used for operation of the hospital or to a special fund for additional equipment and capital improvements for the hospital.
(e) The board shall keep and maintain complete financial records in a form consistent with generally accepted accounting principles, and such records shall be available for public inspection at any reasonable time.
(f) Notwithstanding subsections (a) to (e), inclusive, the board may transfer any moneys or property a hospital receives by donation, contribution, gift, devise or bequest to a Kansas not-for-profit corporation which meets each of the following requirements:
(1) The corporation is exempt from federal income taxation under the provisions of section 501(a) by reason of section 501(c)(3) of the internal revenue code of 1954, as amended;
(2) the corporation has been determined not to be a private foundation within the meaning of section 509(a)(1) of the internal revenue code of 1954, as amended; and
(3) the corporation has been organized for the purpose of the charitable support of health care, hospital and related services, including the support of ambulance, emergency medical care, emergency medical responder systems, first responder systems, medical and hospital staff recruitment, health education and training of the public and other related purposes.
(g) The board may transfer gifts under subsection (f) in such amounts and subject to such terms, conditions, restrictions and limitations as the board determines but only if the terms of the gift do not otherwise restrict such transfer. Before making any such transfer, the board shall determine that the amount of money or the property to be transferred is not required by the hospital to maintain its operations and meet its obligations. In addition, the board shall determine that the transfer is in the best interests of the hospital and the residents within the district the hospital has been organized to serve.
History: L. 1984, ch. 374, § 18; L. 1985, ch. 103, § 2; L. 2003, ch. 51, § 4; L. 2010, ch. 119, § 20; January 15, 2011.
(a) During any budget year, the board of any hospital is hereby authorized to issue no-fund warrants for the purpose of raising money for financing any insufficiency in the operation and maintenance budget of the hospital during such year and is hereby authorized to expend such money for such purposes. In no case shall the amount of no-fund warrants issued under this section exceed the amount deemed necessary for such purposes. Warrants issued under this section shall be issued, registered, redeemed and shall bear interest in the manner and be in the form prescribed by K.S.A. 79-2940 and amendments thereto.
Prior to the issuance of any no-fund warrants under the authority of this section, the board shall cause to be published once in a newspaper of general circulation within the taxing district of the hospital a notice of the intention of the board to issue such no-fund warrants. If within 60 days after the publication of such notice, a petition requesting an election on the question of the issuance of the no-fund warrants signed by not less than 5% of the qualified electors residing within the taxing district is filed with the county election officer of the county in which the greater portion of the taxing district of the hospital is located, the board shall be required to submit the question of the issuance of such no-fund warrants at an election held under the provisions of the general bond law.
(b) Whenever no-fund warrants are issued under the authority of this section, the board each year shall make a tax levy, in addition to the tax levy authorized under K.S.A. 80-2516, sufficient to pay not less than 25% of the total amount of the warrants issued under this section and the interest thereon until all of the warrants and the interest thereon has been paid. If there is money available from the operation of the hospital over and above the amount needed for the adopted budget, such money shall be used to pay for such warrants and the interest thereon, and the tax levy shall be only the difference, if any, between the money available to pay for such warrants and the interest thereon each year and the amount of the warrants and interest thereon to be paid each year.
History: L. 1984, ch. 374, § 19; July 1.
(a) Except as provided in subsection (c), the board of any hospital is hereby authorized to: (1) Sell personal property of the hospital in the value of less than $10,000, either in the open market or upon bids in the manner provided in subsection (b); and
(2) subject to the provisions of subsection (b), sell and convey any real or personal property of the hospital in the value of $10,000 or more.
(b) Before selling and conveying any real or personal property designated in provision (2) of subsection (a), the board shall negotiate a sale thereof and no such sale shall be completed and conveyance made until: (1) The board has solicited sealed bids by public notice inserted in one publication in a newspaper of general circulation in the taxing district of the hospital and such sale shall be to the highest responsible bidder after such notice, except such board may reject any or all bids, and, in any such case, new bids may be called for as in the first instance; and (2) the bid has been accepted and a resolution accepting the same has been made a part of the records of the board. Thereupon, the board, by its chairperson and secretary, is hereby authorized to make, execute and deliver a good and sufficient deed or deeds of conveyance to the purchaser or purchasers thereof.
(c) (1) In lieu of following the procedures established in subsection (a), the board may adopt a resolution establishing an alternate methodology for the disposal of property. Such alternate methodology for the disposal of property shall contain, at a minimum, procedures for:
(A) Notification of the public of the property to be sold;
(B) describing the property to be sold;
(C) the method of sale, including, but not limited to, fixed price, negotiated bid, sealed bid, public auction or auction or any other method of sale which allows public participation; and
(D) public notice inserted in one publication in a newspaper of general circulation in the taxing district of the hospital.
(2) Any methodology for the disposal of property established pursuant to this subsection may contain different procedures for real property and personal property.
(d) Notwithstanding any provision of article 25 of chapter 80 of the Kansas Statutes Annotated, and amendments thereto, to the contrary, the board of a hospital district is hereby authorized to obtain financing for the construction of a hospital facility to be located in the hospital district, secured by a mortgage on any or all hospital property, provided such mortgage is insured pursuant to the United States department of housing and urban development's mortgage insurance program, section 242 of the national housing act, 12 U.S.C. 1715z-7, section 242, as amended.
History: L. 1984, ch. 374, § 20; L. 2005, ch. 48, § 1; April 14.
Title to any real or personal hospital property shall be vested in the board.
History: L. 1984, ch. 374, § 21; July 1.
Any one or more political subdivisions desiring to be attached to and become a part of any hospital district, or any remaining portion of any political subdivision which is a part of the hospital district desiring to be attached to and become a part of such a hospital district as one area, may do so in the manner provided in this section. A political subdivision desiring to be attached to and become a part of a hospital district need not be contiguous to the territory of such hospital district so long as the political subdivision is located wholly within the county in which the hospital for the district is located and does not include within its territory, in whole or in part, the taxing area of another hospital. Upon the presentation to the board of county commissioners, of the county in which the hospital is located, of a petition setting forth the boundaries of the territory which desires to be attached to the taxing district of the hospital, stating that a person who has signed the petition may withdraw such person's name from the petition by giving written notice thereof at any time within three days following the date of signing the petition, excluding Saturdays, Sundays and legal holidays, to the county election officer of the county in which the hospital is located and signed by not less than 51% of the qualified electors of the territory, to be determined by enumeration taken and verified for this purpose by the county election officer of the county in which the hospital is located, it shall be the duty of the board of county commissioners, at its next regular meeting, to examine the petition. If the board of county commissioners finds that the petition is sufficient, regular and in due form as provided in this section, the board shall enter an order in its proceedings attaching the area described in the petition to the existing taxing district. The petition shall be accompanied by a copy of a resolution adopted by the board, which resolution shall state that the board desires such area to be attached to the taxing district of the hospital. For tax purposes attachment as provided herein shall be effective as provided in K.S.A. 79-1807 and amendments thereto.
History: L. 1984, ch. 374, § 22; L. 1987, ch. 398, § 1; July 1.
If the petition under K.S.A. 80-2522 includes within the boundaries set out in the petition territory of another hospital district operating and maintaining a hospital, the petition shall also be accompanied by a copy of a resolution by the board of such other hospital stating the board's desire that such territory be detached from the taxing district of their hospital. For tax purposes, detachment as provided herein shall be effective as provided in K.S.A. 79-1807 and amendments thereto. Such territory so detached shall not be liable for payment of outstanding bonded indebtedness of the taxing district of the hospital, except for payment of bonds issued during the period such area was attached to the district. If any such taxing district has authorized the issuance of bonds at a special election, the election shall be in no way affected by the passage of this act, and the bonds authorized at the election may be legally issued notwithstanding the detachment of any portion of the taxing district which was included at the date of the bond election.
History: L. 1984, ch. 374, § 23; July 1.
(a) Any hospital, or board thereof, which holds no property other than books, records and any remaining hospital moneys may disorganize in the manner provided in this section.
(b) When all debts and obligations of such hospital and board have been paid, and the board finds it is in the best interests of such hospital that its operation be closed and terminated, the treasurer of the board shall proceed to apportion the funds of the hospital among the political subdivisions or portions thereof comprising the taxing district of the hospital. The treasurer shall pay to each political subdivision comprising such district an amount equal to the proportion that the assessed valuation of each political subdivision or portion thereof bears to the total assessed valuation of the district.
(c) Upon the payment of funds in accordance with the provisions of this section, the board shall pass a resolution closing and terminating operation of the hospital, which resolution shall be published once in a newspaper of general circulation in the area, after which the taxing district of the hospital shall be considered disorganized and all books and records of the district shall be delivered to the custody of the board of county commissioners of the county in which the greater portion of the hospital property was located.
History: L. 1984, ch. 374, § 24; July 1.
The board may issue and sell revenue bonds for the purpose of acquiring an existing hospital building or buildings and improving, remodeling or repairing and equipping the same, or for the purpose of acquiring a site, constructing, equipping and furnishing an addition to an existing hospital building, or for the purpose of acquiring a site, constructing, equipping and furnishing a new hospital building, separate and apart from an existing hospital building. Before any such bonds shall be issued, the board shall publish a resolution declaring its intention to issue such bonds, stating the purpose for which such bonds are to be issued, and the amount thereof. Such resolution shall be published, once each week for two consecutive weeks, in a newspaper of general circulation in the taxing district of the hospital. After publication, such bonds may be issued unless a petition requesting an election on the proposition, signed by qualified electors equal in number to not less than 5% of the qualified electors of the district, is filed with the board within 20 days following the last publication of such resolution. If such a petition is filed, the board shall submit the proposition to the qualified voters at an election called for such purpose and held within 90 days after the last publication of the resolution, and no bonds shall be issued unless such proposition shall receive the approval of a majority of the votes cast thereon. Such election shall be called and held in the manner provided by the general bond law.
History: L. 1984, ch. 374, § 25; L. 1991, ch. 289, § 2; April 25.
At or prior to the issuance of revenue bonds under authority of this act, the board shall pledge either the gross or the net income and revenues of the hospital to the payment of principal and interest of such revenue bonds and shall covenant to fix, maintain and collect such fees and charges for the use of the hospital as will produce revenues sufficient to pay the reasonable cost of operating and maintaining the hospital and to provide and maintain an interest and sinking fund in an amount adequate to promptly pay both principal and interest on such bonds and to provide a reasonable reserve fund. The board may agree to pay the cost of operation and maintenance of the hospital from any other revenues of the hospital or of the board legally available for such purpose. In addition, the board in its discretion may pledge to the payment of principal and interest of such revenue bonds the proceeds of any gift, grant, donation or bequest which may be received by the hospital or board from any source.
History: L. 1984, ch. 374, § 26; July 1.
Revenue bonds issued under authority of this act shall not be an indebtedness of the taxing district of the hospital or the hospital or of the board or the individual members of the board, and shall not constitute an indebtedness within the meaning of any constitutional or statutory limitation upon the incurring of indebtedness.
History: L. 1984, ch. 374, § 27; July 1.
Revenue bonds issued under authority of this act shall have all of the qualities and incidents of negotiable instruments, may bear interest at a rate not exceeding the maximum rate for revenue bonds prescribed in K.S.A. 10-1009 and amendments thereto, may bear such date, may mature at such time or times not exceeding 40 years from their date, may be in such denomination or denominations, may be in such form, either coupon or registered, may carry such registration and conversion privileges, may be executed in such manner, may be payable in such medium of payment and may be subject to such terms of redemption, with or without premium, as may be provided by resolution adopted by the board.
Such bonds may be sold in such manner and at such price or prices not less than 95% of par and accrued interest to date of delivery as may be considered advisable by the board.
History: L. 1984, ch. 374, § 28; July 1.
In order to secure the prompt payment of the principal and interest upon revenue bonds and the proper application of the revenue pledged thereto, the board is authorized to:
(a) Covenant as to the use and disposition of the proceeds of the sale of such bonds;
(b) covenant as to the operation of the hospital and the collection and disposition of the revenues derived from such operation;
(c) covenant as to the rights, liabilities, powers and duties arising from the pledge of any covenant and agreement into which it may enter in authorizing and issuing the bonds;
(d) covenant and agree to carry such insurance on the hospital and the use and occupancy thereof as may be considered desirable, and in its discretion to provide that the cost of such insurance shall be considered a part of the expense of operating the hospital;
(e) fix charges and fees to be imposed in connection with and for the use of the hospital and the facilities supplied thereby, which charges and fees shall be considered to be income and revenues derived from the operation of the hospital, and to make and enforce such rules and regulations with reference to the use of the hospital for the accomplishment of the purposes of this act;
(f) appoint a trustee to act under the terms of the resolution authorizing the issuance of the revenue bonds;
(g) covenant against the issuance of any other obligations payable on a parity from the revenues to be derived from the hospital;
(h) make covenants other than and in addition to those herein expressly mentioned of such character as may be considered necessary or advisable to effect the purposes of this act.
All such agreements and covenants entered into by the board shall be binding in all respects upon the board and its officers, agents, employees, and upon their successors, and all such agreements and covenants shall be enforceable by appropriate action or suit at law or in equity which may be brought by any holder or holders of bonds issued hereunder against the board, or its officials, agents, employees, or their successors. The rents, charges and fees to be imposed under the provisions of this act shall not be limited by the provisions of any prior act.
History: L. 1984, ch. 374, § 29; July 1.
The proceeds derived from the sale of the revenue bonds herein authorized shall be deposited to the credit of the board in a bank, banks or other depositories designated by the board and kept in a separate fund and used solely for the purpose for which the bonds are authorized. The board is authorized to make all contracts and execute all instruments which in its discretion may be deemed necessary or advisable to provide for the purposes for which the bonds were issued, and to provide for the manner of disbursement of the funds for such purposes. Nothing contained in this act shall be construed as placing in the general fund of any political subdivision in the taxing district of the hospital or other fund thereof any moneys collected under this act or requiring such action.
History: L. 1984, ch. 374, § 30; July 1.
The interest on the revenue bonds issued hereunder shall be exempt from all state, county and municipal taxation in the state of Kansas.
History: L. 1984, ch. 374, § 31; L. 2010, ch. 44, § 37; July 1.
Any officer or officers, board or boards, having charge of any sinking fund or any other fund of the state of Kansas, or any department, agency or institution thereof, or any county, municipality or other public corporation or political subdivision, may invest such funds in bonds issued under the provisions of this act. Any bank, trust or insurance company organized under the laws of the state of Kansas may invest in revenue bonds issued under the provisions of this act. Such bonds shall also be approved as collateral security for the deposit of any public funds and for the investment of trust funds.
History: L. 1984, ch. 374, § 32; July 1.
If the board and the owner of any real property desired by the board for hospital purposes cannot agree as to the price to be paid therefor, the board may institute condemnation proceedings in the manner prescribed by article 5 of chapter 26 of the Kansas Statutes Annotated and acts amendatory of the provisions thereof or supplemental thereto.
History: L. 1984, ch. 374, § 33; July 1.
Notwithstanding any provisions of article 25 of chapter 80 of the Kansas Statutes Annotated to the contrary, the hospital board of hospital district no. 1, Marion county, Kansas, is hereby authorized to convey, without consideration, to such party or parties as the board may determine, the following described property of hospital district no. 1, located in Marion county, Kansas: Lots 10, 11, 12 and 13, block 5, southern addition to the city of Marion, Marion county, Kansas.
History: L. 1987, ch. 95, § 1; April 30.
Any election held prior to the effective date of this act for the approval of the issuance of general obligation bonds of Attica hospital district no. 1 of Harper county, Kansas, in an amount not to exceed $1,300,000 for the purpose of enlarging and improving the extended care unit of the district's hospital located in Attica, Kansas, under the authority of K.S.A. 80-2501, et seq., notice of which was first published 18 days prior to the election instead of 21 days prior to the election is hereby validated. The district is hereby authorized to issue such bonds in the amount and for the purpose approved by the voters at such election. The bonds so issued shall be legal and binding general obligations of the district.
History: L. 1985, ch. 335, § 1; May 9.
As used in this act:
(a) "Board" means a board which is vested with the management and control of a health care facilities and services hospital district;
(b) "health care facilities and services hospital district" means a hospital district, city hospital or county hospital:
(1) Which was established under the laws of this state in effect at the time established as a hospital district, city hospital or county hospital;
(2) in which no hospital is being operated and maintained or in which the operation of a hospital has been terminated; and
(3) in which health care facilities and services are being operated and maintained;
(c) "health care facilities and services" means any clinic, long-term care facility, home for the aged, outpatient services, in-home health services, child-care services, respite care services, adult day care services, dietary services, alcohol and drug abuse services and emergency medical or ambulance services;
(d) "hospital" means a medical care facility as defined in K.S.A. 65-425 and amendments thereto.
History: L. 1984, ch. 369, § 1; L. 1986, ch. 390, § 1; L. 1989, ch. 306, § 1; July 1.
(a) Any health care facilities and services hospital district existing on the effective date of this act is hereby continued in existence, and any existing board shall be deemed to be the board for purposes of this act unless and until a new board is selected.
(b) This act shall not affect any judicial proceeding pending or any contract, tax levy, bond issuance or other legal obligation existing on the effective date of this act and any tax levy or bond issuance made under authority of article 21 of chapter 80 of Kansas Statutes Annotated prior to the effective date of this act is hereby validated and confirmed.
History: L. 1984, ch. 369, § 2; July 1.
Any health care facilities and services hospital district shall be deemed a hospital to the same extent as though the same were a hospital which is being operated and maintained as a hospital and shall be controlled, financed, operated, managed and maintained as provided by the general law relating to such hospital immediately prior to the time the hospital became a health care facilities and services hospital district, and shall be subject to the limitations and restrictions provided by such general law. The determination of the number of board members of any existing health care facilities and services hospital district, the method of selection and the terms, qualifications, organization, meetings and compensation thereof shall be as provided by the general law relating to hospital boards under which such hospital was operated and maintained immediately prior to the time the hospital became a health care facilities and services hospital district, and every such board of an existing health care facilities and services hospital district shall have the same powers, duties and functions that are prescribed for boards of hospitals by the law under which such hospital was operated and maintained immediately prior to the time the hospital became a health care facilities and services hospital district.
History: L. 1984, ch. 369, § 3; L. 1986, ch. 390, § 2; L. 1989, ch. 306, § 2; July 1.
The provisions of K.S.A. 80-2550 through 80-2553, and amendments thereto, are supplemental to the general law relating to hospital districts, city hospitals or county hospitals in which a hospital is being operated and maintained and are not intended to modify or repeal any provision of any such law.
History: L. 1984, ch. 369, § 4; L. 1989, ch. 306, § 3; July 1.
The board of directors of health care facilities and services hospital district no. 1, Linn and Bourbon counties, is hereby authorized to contract with any individual or individuals for the purpose of borrowing money from such individual or individuals to provide money to be used to build an addition to an existing home for the aged subject to such terms and conditions as the parties may specify in the contract. Before any such contract becomes effective, the board of directors shall cause to be published once in a newspaper of general circulation in such district a copy of the contract which shall state, in addition to such other terms and conditions as may be contained in the contract, that the contract shall become effective on the 30th
day after the day of publication of the contract unless protest petitions signed by at least 5% of the registered voters of such district are filed with the county election officer of the county in which the home for the aged is located prior to that day. If within such thirty-day period protest petitions are filed with sufficient signers, the contract shall not become effective until the board of county commissioners of the counties in which such district is located call a special election at which the question of whether the contract should become effective is submitted to the electors of such district and a majority of voters voting at such election vote in favor of the contract becoming effective.
History: L. 1985, ch. 93, § 1; April 4.
Notwithstanding any provision of K.S.A. 80-2550 and amendments thereto to the contrary, Norwich hospital district no. I of Kingman county, Kansas, is hereby declared to be a health care facilities and services hospital district for the purposes of K.S.A. 80-2550 through 80-2554, and amendments thereto.
History: L. 1989, ch. 182, § 1; May 18.
(a) Whenever a petition, signed by not less than 10% of the qualified electors of the Mound City township and Paris township in Linn county, is filed with the board of county commissioners of Linn county requesting the formation of a hospital district, the board shall submit the proposition at an election called and held for that purpose in a manner provided by K.S.A. 10-120, and amendments thereto.
The board of county commissioners, on its own motion, may submit the proposition to the qualified electors of Mound City township and Paris township without the submission of the petition.
(b) If a majority of the qualified electors of the proposed hospital district who vote in the election, vote in favor of the creation of the hospital district, the board of county commissioners of Linn county shall enter an order in its proceedings establishing the hospital district. The original hospital board for the hospital district shall be established as provided in K.S.A. 80-2504, and amendments thereto.
(c) The hospital board may levy an annual tax of not to exceed two mills for operating, equipping, maintaining and improving the hospital. Any mill levy increase shall be made in accordance with the provisions of K.S.A. 80-2516, and amendments thereto.
(d) The provisions of this act shall be a part of and supplemental to the provisions of K.S.A. 80-2501 through 80-2533, and amendments thereto.
History: L. 2009, ch. 46, § 1; July 1.
Connect Omnilex to search the legal corpus from your AI assistant.