Kansas Statutes

Chapter 80: Townships And Township Officers

Article 1: General Provisions

Statutes:

• 80-101: Corporate status; powers.
• 80-102: Division of funds when township divided.
• 80-103:
• 80-104: Buildings and sites; election; exceptions; issuance of bonds.
• 80-105: Same; petition for election; notice.
• 80-106:
• 80-107: Same; joint township halls; limitation on costs.
• 80-108: Same; bonds; limitation.
• 80-109: Sale of real property; procedure.
• 80-110: Same; notice of election.
• 80-111: Same; deeds.
• 80-112: Disposition of certain real property by certain townships; notice and sale; use of proceeds.
• 80-113: Bonds for reconstruction, repair and equipment of buildings; election.
• 80-114: Bonds for repairing and remodeling condemned hall; election after protest petition.
• 80-115: Tax levies for special fund for township hall; use of moneys.
• 80-116:
• 80-117:
• 80-118: Payment of judgments by certain townships; no-fund warrants.
• 80-119: Same; tax levies to pay warrants; issuance, registration, redemption and form of warrants.
• 80-120: Transfer of powers and duties to county; procedure; return of powers to township; procedure.
• 80-121: Acquisition of land for township by board of county commissioners; procedure; use of land; bonds.

• 80-101: Corporate status; powers. 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, 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; March 11; R.S. 1923, 80-101.

• 80-102: Division of funds when township divided. 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.

• 80-103:

        History:   L. 1873, ch. 154, § 2; R.S. 1923, 80-103; Repealed, L. 1951, ch. 510, § 1; June 30.

• 80-104: Buildings and sites; election; exceptions; issuance of bonds. (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.

• 80-105: Same; petition for election; notice. 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.

• 80-106:

        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.

• 80-107: Same; joint township halls; limitation on costs. 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.

• 80-108: Same; bonds; limitation. 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.

• 80-109: Sale of real property; procedure. (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)   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; July 1.

• 80-110: Same; notice of election. 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.

• 80-111: Same; deeds. 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.

• 80-112: Disposition of certain real property by certain townships; notice and sale; use of proceeds. 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.

• 80-113: Bonds for reconstruction, repair and equipment of buildings; election. The township board of any township is hereby authorized and empowered to issue its general obligation bonds in an amount not to exceed one percent of the assessed tangible valuation of such township for the purpose of obtaining funds for the reconstruction, repair and equipment of township buildings: Provided, however, Such township shall not issue such bonds until and after an election therefor has been had, which election shall be held in accordance with the provisions of K.S.A. 80-104 and 80-105.

        History:   L. 1949, ch. 507, § 1; April 9.

• 80-114: Bonds for repairing and remodeling condemned hall; election after protest petition. 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.

• 80-115: Tax levies for special fund for township hall; use of moneys. 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.

• 80-116:

        History:   L. 1951, ch. 523, § 1; Repealed, L. 1963, ch. 500, § 2; June 30.

• 80-117:

        History:   L. 1963, ch. 500, § 1; Repealed, L. 1968, ch. 188, § 1; July 1.

• 80-118: Payment of judgments by certain townships; no-fund warrants. 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.

• 80-119: Same; tax levies to pay warrants; issuance, registration, redemption and form of warrants. 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; May 27.

• 80-120: Transfer of powers and duties to county; procedure; return of powers to township; procedure. (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. 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)   On or before the first Monday in July of each year the board of county commissioners 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).

        (e)   Upon presentation of a petition, signed by at least 20% of the qualified electors of the township, to the board of county commissioners requesting the board to adopt a resolution to return to the township board the powers, duties and functions transferred pursuant to this section, the board shall adopt a resolution to return to the township board the powers, duties and functions so transferred. Such resolution first shall be submitted to approval of the qualified electors of the township. Such election shall be called and held in the manner provided by the general bond law. No such petition shall be submitted to the board for at least two years following approval of a resolution pursuant to subsection (a). If the resolution is approved by a majority of the qualified electors of the township voting at such election, the board of county commissioners shall appoint a township board who shall hold office until successors are elected and qualified at the next regular general election of the township.

        History:   L. 1998, ch. 105, § 1; July 1.

• 80-121: Acquisition of land for township by board of county commissioners; procedure; use of land; bonds. (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.