Kansas Statutes

Chapter 80: Townships And Township Officers

Article 11: Disorganization, Reorganization And Consolidation

Statutes:

• 80-1101: Disorganization of certain townships on order of county commissioners; petition of opposition; petition to disorganize; election, when.
• 80-1101a: Same; when disorganization effective.
• 80-1102:
• 80-1102a: Same; application of other laws.
• 80-1103: Same; tax levy to pay floating indebtedness, limitation; warrants.
• 80-1104: Same; records and funds.
• 80-1105: Disorganization and reorganization in certain counties under 3,000.
• 80-1106: Disorganization and reorganization of certain townships; petitions; election, notice; officers of new townships.
• 80-1107: Same; names and descriptions of new townships; map; election precincts; polling places; commissioner districts.
• 80-1108: Same; records, funds and property.
• 80-1109: Consolidation of two or more townships in same representative district; procedure; resolution, agreement, election.
• 80-1110: Disorganization of townships in counties having county unit road system.
• 80-1111: Same; determination by board of county commissioners; resolution of intent; public hearings; petition opposing disorganization; resolution disorganizing township.
• 80-1112: Same; effective date of disorganization and attachment of territory.
• 80-1113: Same; disposition of books, records and assets; payment of outstanding indebtedness.
• 80-1114: Same; outstanding indebtedness; levy of taxes for payment; bonded indebtedness.
• 80-1115: Same; adoption of budget and levy of taxes prior to effective date for tax purposes.
• 80-1116: Same; right of elector of township being disorganized to vote and become candidate for office in townships to which territory will attach.
• 80-1117: Disorganization and consolidation of certain townships; procedure; transfer of assets and debts.

• 80-1101: Disorganization of certain townships on order of county commissioners; petition of opposition; petition to disorganize; election, when. When the number of residents of any township in the state of Kansas shall become less than two hundred (200), the board of county commissioners of the county in which such township is situated may proceed to disorganize such township and attach the territory or parts thereof to any other contiguous township or townships of such county, as a part thereof, unless a petition is filed opposing such disorganization, signed by a majority of the electors of such township, as shown by the returns of the last general election next prior to the filing of such petition with the county clerk; such petition to be filed at least five (5) days prior to the meeting of such board at which the order of disorganization is to be made, in which event such disorganization shall not be ordered: Provided, That the board shall by resolution direct the county clerk to mail not later than five (5) days after such resolution, by first class mail to each township elector who voted at such general election a notice that on a date certain not less than forty (40) days nor more than fifty (50) days after such resolution, the board will meet to order the disorganization of such township and the attachment of the territory thereof to another township or townships. Such notice shall state that the order of disorganization shall be made unless a majority of such electors file their petition in opposition at least five (5) days before the date of the meeting of the board. In any township where the number of residents are two hundred (200) or more, the board of county commissioners of any county, containing such township may, or upon a petition of electors asking that such township be disorganized and the territory thereof be attached to some other township or townships contiguous thereto in such county, shall submit the proposition to the electors of the township to be disorganized: Provided, That such petition asking a referendum shall be signed by the electors of such township equal in number to at least ten percent (10%) of the electors who voted at the last general election preceding the filing of such petition with the county clerk.

        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 ______________ (name of township) township with ______________ (name of township or townships) township(s).

  Yes | |;[ ] No | |;[ ]

  Notice of such election shall be given by the county clerk by publication once each week for two (2) consecutive weeks in a newspaper having general circulation in such townships. At least thirty (30) days shall elapse between the date of the last publication and the date of the election. 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. 1899, ch. 277, § 1; R.S. 1923, 80-1101; L. 1947, ch. 479, § 1; L. 1965, ch. 547, § 1; L. 1967, ch. 509, § 1; July 1.

• 80-1101a: Same; when disorganization effective. 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 and, in any event, at the expiration of the term of office of such incumbents.

        History:   L. 1947, ch. 479, § 2; June 30.

• 80-1102:

        History:   L. 1899, ch. 277, § 2; R.S. 1923, 80-1102; L. 1965, ch. 547, § 2; Repealed, L. 1967, ch. 509, § 3; July 1.

• 80-1102a: Same; application of other laws. If any such township so disorganized shall at the time of its disorganization have any floating 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. 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. 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 floating indebtedness shall be determined as provided by the provisions of K.S.A. 80-1101a, 80-1107 and 80-1108.

        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 shall terminate when money and equipment belonging to the disorganized township are delivered as provided by K.S.A. 80-1108.

        History:   L. 1967, ch. 509, § 2; July 1.

• 80-1103: Same; tax levy to pay floating indebtedness, limitation; warrants. If any township so disorganized shall at the time of its disorganization have a floating 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: Provided, That 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; May 15; R.S. 1923, 80-1103.

• 80-1104: Same; records and funds. 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 disposed of as therein provided.

        History:   L. 1899, ch. 277, § 5; May 15; R.S. 1923, 80-1104.

• 80-1105: Disorganization and reorganization in certain counties under 3,000. 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.

• 80-1106: Disorganization and reorganization of certain townships; petitions; election, notice; officers of new townships. In counties desiring to form new townships, when petitions are presented to the board of county commissioners signed by at least 25% of the legally qualified electors in each of such townships who voted for secretary of state at the last preceding election at which such secretary was elected, requesting an election to be held for the purpose of voting upon the proposition of disorganization and reorganization of the townships, the board of county commissioners shall call an election for the purpose of voting upon such proposition. Such petitions shall specifically describe and designate by sections or subdivisions of sections, according to the government survey, or by metes and bounds, the territory to be included in the new townships upon their disorganization as provided in this act. Notice of such election shall be given by publication once each week for two consecutive weeks in the official county newspaper. The notice shall specifically describe and designate by sections or subdivisions of sections according to the government survey or by metes and bounds, the territory to be included in the new townships out of the present townships as set forth in the petitions for such disorganization and reorganization. A majority of the votes cast in favor of such disorganization and reorganization shall be sufficient to carry such proposition in the county.

        The vote upon such proposition shall be by ballot, which shall read: "For township disorganization and reorganization" or "against township disorganization and reorganization," and a return of the votes shall be made to the board of county commissioners and canvassed as provided by law for other returns. Such disorganization and reorganization of townships shall not become effective until after the next general election at which the officers of the new townships shall be elected, and until the terms of the officers of the disorganized townships have expired. The duly elected officers of such disorganized townships shall hold their offices and receive their salaries for the term for which such officers were elected and qualified.

        History:   L. 1933, ch. 329, § 2; L. 1981, ch. 173, § 81; July 1.

• 80-1107: Same; names and descriptions of new townships; map; election precincts; polling places; commissioner districts. It shall be the duty of the board of county commissioners to designate by name such new townships as are formed under the provisions of this act and to make out and cause to be entered upon the records of the county, an accurate description of such new townships; and it shall be the duty of the county clerk to make out and transmit to the secretary of state a map of the county as divided into such new townships, and the name and description of each township. It shall also be the duty of the board of county commissioners to establish such election precincts and polling places in each of said new townships as the convenience of the inhabitants may require and rearrange and designate three new county commissioner districts, as compact and equal in population as possible as provided by law.

        History:   L. 1933, ch. 329, § 3; June 5.

• 80-1108: Same; records, funds and property. The books, papers, documents, moneys, funds, and other assets or property, real, personal and mixed of every kind, character or description belonging to such townships so disorganized shall be delivered by the officers thereof to the board of county commissioners who shall distribute said money and property not later than thirty days after the date of reorganization, among the new townships in proportion to the territory from which said money and property was originally derived, and the same shall become the property of such new townships.

        History:   L. 1933, ch. 329, § 4; June 5.

• 80-1109: Consolidation of two or more townships in same representative district; procedure; resolution, agreement, election. Two (2) or more townships located in the same state representative district 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. Said boards may enter into an agreement signed by them 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 now 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 ten (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 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; June 30.

• 80-1110: Disorganization of townships in counties having county unit road system. Townships located in counties which have adopted the county unit road system in the manner as provided by K.S.A. 68-515b 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; April 25.

• 80-1111: Same; determination by board of county commissioners; resolution of intent; public hearings; petition opposing disorganization; resolution disorganizing township. 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 less than thirty-two (32) and not more than forty (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 in such a manner as to substantially identify the elector signing the same, by a majority of the electors of any township proposed to be disorganized, as shown by the returns of the general election next preceding the filing of such petition, opposing the disorganization of such township, is filed in the office of the county clerk within thirty (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 (2) 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; April 25.

• 80-1112: Same; effective date of disorganization and attachment of territory. 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.

• 80-1113: Same; disposition of books, records and assets; payment of outstanding indebtedness. 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.

• 80-1114: Same; outstanding indebtedness; levy of taxes for payment; bonded indebtedness. 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.

• 80-1115: Same; adoption of budget and levy of taxes prior to effective date for tax purposes. 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.

• 80-1116: Same; right of elector of township being disorganized to vote and become candidate for office in townships to which territory will attach. 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.

• 80-1117: Disorganization and consolidation of certain townships; procedure; transfer of assets and debts. (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, may 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 has 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 shall be disposed of in such other manner as determined by the board of county commissioners to be in the best interests of the former residents or property owners of such township.

        History:   L. 2004, ch. 166, § 7; July 1.