12-3901: Purpose of act.
It is the purpose of this act to authorize and permit political and
taxing subdivisions of this state to more efficiently and effectively serve
the needs of their constituents by consolidating or cooperating in the
consolidation of operations, procedures and functions of offices and
agencies of such subdivisions which may be more efficiently and effectively
exercised or provided by a single office or agency.
History: L. 1974, ch. 426, § 1; July 1.
12-3902: Political and taxing subdivisions defined.
For the purposes of this act all references to "political and taxing
subdivisions of this state" shall mean and include counties, townships,
cities, school districts, library districts, park districts, road
districts, drainage or levee districts, sewer districts, water districts,
fire districts and taxing subdivisions created and established under the
laws of the state of Kansas.
History: L. 1974, ch. 426, § 2; July 1.
12-3903: Consolidation of operations, procedures and functions by a
political and taxing subdivision or by two or more subdivisions; procedure;
elimination of elective office, election.
(a) Whenever the governing body of any political or taxing subdivision of
this state shall by resolution determine that duplication exists in the
operations, procedures or functions of any of the offices or agencies of
such subdivision or that the operations, procedures or functions of any of
the offices or agencies thereof can be more efficiently and effectively
exercised or provided as a consolidated activity performed by a single
office or agency, or whenever the governing body of any two or more
political or taxing subdivisions of this state shall by the passage of
identical resolutions determine that duplication exists in the operations,
procedures or functions of offices or agencies of such subdivisions or that
the operations, procedures or functions of any of the offices or agencies
thereof can be more efficiently and effectively exercised or provided as a
consolidated activity performed by a single intergovernmental office or
agency or by a single office or agency of one of the participating
political or taxing subdivisions, such governing body or governing bodies
are hereby authorized to consolidate any or all of the operations,
procedures or functions performed or carried on by such offices or agencies
by the passage of a resolution or identical resolutions setting out the
time, form and manner of consolidation and designating the surviving office
or agency.
(b) The elimination of an elective office by consolidation under the
provisions of this act shall be subject to the approval of a majority of
the electors of the political or taxing subdivision served by such office,
voting in the next regular general election
of the county in which the office of governor is elected, and no elective
office shall be eliminated prior to such election. Any such
proposed consolidation which eliminates any such
elective office shall provide that the elimination of such office shall
become effective upon the date of normal expiration of the term of such
office. Any
such proposed consolidation which eliminates any such elective
office shall not be voted on by the governing body of the political or
taxing subdivision until a special public hearing is held within the
political or taxing subdivision.
Notice of such special hearing shall be published in a newspaper of
general circulation in the political or taxing subdivision once each week
for two consecutive weeks prior to the hearing. The first publication
shall not be less than 21 days prior to such hearing. Any elected officer
whose office would be eliminated in such consolidation and any other
interested party
shall be given an opportunity to appear and offer testimony at
any of such hearings.
(c) Whenever the statutorily mandated duties of any elected county
official are proposed for elimination, by transfer or otherwise, the question
of the elimination of any such duties shall be considered as an elimination of
the elective office itself within the meaning of this section, and shall be
subject to an election prior to such elimination as required by subsection (b).
The provisions of this subsection shall not preclude the transfer of duties of
an
elected office with the consent of the affected elected official.
History: L. 1974, ch. 426, § 3;
L. 1988, ch. 80, § 1;
L. 1991, ch. 61, § 1; April 25.
12-3904: Same; procedures, functions; petition;
election.
Whenever a petition, signed by not less than 10% of the
qualified electors of any political or taxing subdivision of this state or
any two or more political or taxing subdivisions of this state, shall be
filed with the governing body of such subdivision or subdivisions
requesting that a proposition for the consolidation of specified
operations, procedures and functions of designated offices or agencies of
such subdivision or subdivisions be submitted to the electors thereof, such
governing body or governing bodies shall submit such proposition at an
election called and held for such purpose in the manner provided by the
general bond law. The wording of such a petitioned-for proposition
affecting the functions of two or more subdivisions shall be expressed in
general terms. If the proposition is approved by a majority of the electors
voting thereon, the governing body or governing bodies shall develop and
implement a plan for the consolidation consistent with the intent of the
proposition. If such proposition eliminates an elective office by
consolidation, the governing body of such subdivision or subdivisions shall
provide for the hearing by K.S.A. 12-3903, and amendments thereto.
The governing body shall submit such proposition at the next regular
general election of the county in which the office of governor is elected
in accordance with K.S.A. 12-3903, and
amendments thereto.
History: L. 1974, ch. 426, § 4;
L. 1988, ch. 80, § 2;
L. 1992, ch. 77, § 1; July 1.
12-3905: Same; subdivision not relieved of obligation or
responsibility imposed by law.
No consolidation proceeding or agreement made pursuant to this act shall
relieve any political or taxing subdivision of any obligation or
responsibility imposed upon it by law except that to the extent of actual
and timely performance thereof by a joint board or other legal or
administrative entity created by an agreement made hereunder, said
performance may be offered in satisfaction of the obligation or
responsibility.
History: L. 1974, ch. 426, § 5; July 1.
12-3906: Same; submission of agreements affecting state functions and
services to state officer or agency for approval.
In the event that any consolidation proceeding or agreement between
political or taxing subdivisions made pursuant to this act shall affect
functions or services over which an officer or agency of the state
government has constitutional or statutory powers of control, the
consolidation proceeding or agreement shall, as a condition precedent to
its entry into force, be submitted to the state officer or agency having
such power of control and shall be approved or disapproved by the officer
or agency as to all matters within the jurisdiction of the officer or
agency.
History: L. 1974, ch. 426, § 6; July 1.
12-3907: Same; consolidated office or agency successor to offices or
agencies consolidated.
Except when otherwise specifically provided by the resolution or
resolutions providing for the consolidation of offices or agencies under
the provisions of this act, the consolidated office or agency shall be the
successor in every way to the powers, duties and functions now or hereafter
granted to or imposed by law upon the offices or agencies so consolidated.
History: L. 1974, ch. 426, § 7; July 1.
12-3908: Same; appropriation of funds and providing services and
personnel to surviving office or agency.
Any political or taxing subdivision of this state entering into an
agreement with any other such political or taxing subdivision pursuant to
this act may appropriate funds and may sell, lease, give, or otherwise
supply to any surviving office or agency designated by an agreement made
hereunder such personnel or services therefor as may be within its legal
power to furnish.
History: L. 1974, ch. 426, § 8; July 1.
12-3909: Act not authority for consolidation of political or taxing
subdivisions or closing or change in school attendance facilities.
Nothing in this act shall be construed as authorizing the consolidation
of any political or taxing subdivision with any other political or taxing
subdivision. Nothing in this act shall be construed to authorize the
closing or the change of use of any school or attendance facility.
History: L. 1974, ch. 426, § 9; July 1.
12-3910: Consolidation of fire districts and fire departments; application
of act.
The provisions of this act shall apply to any fire district
created by a county under chapter 19 of the Kansas Statutes Annotated, to any
fire district created by a township under chapter 80 of the Kansas Statutes
Annotated, to any fire district created under chapter 31 of the Kansas Statutes
Annotated, and to any fire department created by the governing body of a city.
History: L. 1996, ch. 226, § 1; July 1.
12-3911: Same; districts or departments; initiation of procedure.
Upon the request of the governing body of two or more fire
districts or departments, the board of county commissioners of any county, by
resolution, may provide for the consolidation of fire districts and may include
within the newly created district any area not currently being provided fire
protection.
History: L. 1996, ch. 226, § 2; July 1.
12-3912: Same; districts or departments in adjoining counties.
If the fire districts or departments desiring to be consolidated
consist of land in adjoining counties, the county commissions of both counties,
by resolution, may create a new district under the provisions of this act.
History: L. 1996, ch. 226, § 3; July 1.
12-3913: Same; procedure; resolution, publication; election, when;
effective date; initial mill levy of new district.
(a) The resolution creating a consolidated fire district as
provided
by this act, shall be published at least once each week for two consecutive
weeks in a newspaper of general circulation in the area subject to the proposed
consolidation. If within 60 days following the last publication of the
resolution, a petition in opposition thereto, signed by not less than 5% of the
registered voters residing within each of the two or more areas proposed for
consolidation is filed with the county election officer, 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, by resolution, shall provide for the
consolidation of such areas and define the boundaries of the area as
consolidated. Any such consolidation shall be made prior to July 1 of any year
to take effect on January 1 of the succeeding year.
(b) Any resolution creating a consolidated fire district shall provide for
the dissolution or disorganization of the fire districts as they existed prior
to the effective date of the creation of a consolidated fire district. The
resolution
creating a consolidated fire district also shall fix the amount of tax, not to
exceed 11 mills, that may be levied by the governing body of the consolidated
fire district.
History: L. 1996, ch. 226, § 4; July 1.
12-3914: Same; governing body of consolidated district, appointment of.
(a) Except as provided by subsection (b), upon the consolidation
of any such areas the board of county
commissioners shall appoint a governing body composed of at least three and not
more than seven members who shall represent as nearly as possible, the
geographical areas in the consolidated area. In the event that two counties
have joined together to create a consolidated fire district, the number of
members on the governing board from each county shall be determined on the
basis of population, but each county represented shall have at least one
appointment to the board. The members of the governing board shall be
appointed as follows: Two members for a term of one year; two members for a
term of two years; and three members for a term of three years. Thereafter,
all members shall be appointed for a term of three years. All vacancies on the
governing board shall be filled by appointment for the remainder of the
unexpired term. Within 30 days after the governing body is appointed and
annually thereafter, the governing body shall meet and organize by election
from its membership a chairperson, vice-chairperson and treasurer. The
treasurer shall give a corporate surety bond, conditioned for the faithful
performance of duty and accounting for all moneys
received thereby. Such bond shall be approved and be in the amount
fixed by
the governing body. The treasurer also shall serve as secretary to the board.
(b) The board or boards of county commissioners may serve as the governing
body of the consolidated fire district or may place the supervision
of the consolidated fire district under a fire district board of trustees. The
board or boards of county commissioners may appoint a board of not less than
three members and not more than nine members, composed of persons other than
members of the board or boards of county commissioners, who shall serve at the
pleasure of the board or boards of county commissioners. The fire district
board of trustees, if appointed, may employ a supervisor and such other persons
as may be
necessary to properly operate and manage such consolidated fire district.
History: L. 1996, ch. 226, § 5; July 1.
12-3915: Same; governing body of consolidated
district, powers and
duties.
The governing body of any fire district created pursuant to this
act shall have the authority to:
(a) Levy taxes and special assessments as provided by law. Except as
provided by
K.S.A. 12-3913, and amendments thereto, the governing body shall fix
the amount of
the tax, not to exceed 11
mills, to be levied upon all taxable tangible property in the consolidated fire
district;
(b) enter into contracts;
(c) acquire and dispose of real and personal property;
(d) acquire, construct, reconstruct, equip, operate, maintain and furnish
buildings to house fire-fighting equipment;
(e) acquire, operate and maintain fire-fighting equipment;
(f) issue general obligation bonds and no-fund warrants;
(g) pay compensation and salaries to fire district employees;
(h) exercise eminent domain;
(i) pay the operation and maintenance expenses of the fire district and
other expenses legally incurred by the district;
(j) select regular employees, provide for their compensation and furnish
quarters for such employees if deemed desirable;
(k) provide for the organization of volunteer members who may be
compensated for
fighting fires, responding to emergencies or attending meetings;
(l) provide special clothing and equipment for such employees and
volunteers;
(m) insure such employees and volunteers against accidental death and injury
in the performance of their duties;
(n) 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
(o) do all things necessary or desirable to maintain and
operate such
department so as to furnish fire protection for the inhabitants of the district
and otherwise effectuate the purposes of this act.
History: L. 1996, ch. 226, § 6;
L. 2002, ch. 150, § 1;
L. 2004, ch. 26, § 1; July 1.
12-3916: Same; transfer of property; payment of outstanding
indebtedness.
(a) Subject to the provisions of subsection (b), the books,
papers, equipment and other real and personal property belonging to the
departments consolidated pursuant to this act shall be transferred to and shall
become the property of the consolidated district.
(b) 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. 1996, ch. 226, § 7; July 1.
12-3917: Same; outstanding indebtedness; tax levy for payment of.
If any fire district, at the time of such consolidation, has 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 levying of taxes upon all the property in
that district prior to the consolidation with another district. The levy shall
be entered by the county clerk on the tax roll the same as other taxes.
History: L. 1996, ch. 226, § 8; July 1.
12-3918: Same; effect on firefighters' retirement or other benefits.
The consolidation of any fire district under the provisions of
this act shall not affect the rights of any firefighter serving in the
department of such district to benefits under any retirement or relief
association program.
History: L. 1996, ch. 226, § 9; July 1.
12-3919: Same; fire district, powers and duties.
Unless otherwise specifically provided in this act, any fire
district created under the provisions of this act, shall have all the duties,
rights and obligations of any department created under chapter 19 of the Kansas
Statutes Annotated.
History: L. 1996, ch. 226, § 10; July 1.