Kansas Statutes

Chapter 80: Townships And Township Officers

Article 14: Miscellaneous Provisions

Statutes:

• 80-1401 to 80-1403:
• 80-1404: Cities of first and second classes excluded from townships; wards.
• 80-1405:
• 80-1405a: Effect of change in population or valuation by annexation; eligibility for permit or license.
• 80-1406:
• 80-1406a:
• 80-1406b: Transfer of surplus in general fund, when; resolution.
• 80-1406c: Certain township officers authorized to transfer certain moneys in general fund to cemetery fund, when.
• 80-1407: Compensation of township officers of townships with township water system.
• 80-1407a, 80-1407b:
• 80-1408: Certain townships in certain counties between 10,000 and 13,000; additional bonds.
• 80-1409: Same; application of general bond law.
• 80-1410:
• 80-1411:
• 80-1412:
• 80-1413: Tax levies for funds to improve township roads; election.
• 80-1413a: Validation of election to levy tax; Monmouth township, Shawnee county.
• 80-1413b: Same; Rossville township, Shawnee County.
• 80-1413c: Same; Mission township, Shawnee County.
• 80-1414:
• 80-1415:
• 80-1416:
• 80-1417: Joint township hall by certain townships and cities of third class; petition to city; contract; tax levies.
• 80-1418: Designation of certain townships and cities in Johnson county as urban areas.
• 80-1419, 80-1420:
• 80-1421:
• 80-1422:
• 80-1423:
• 80-1424:
• 80-1425:
• 80-1426 to 80-1428:
• 80-1429: Tax levy for flood control in certain townships; election.
• 80-1430: Transfer of township moneys or property to not-for-profit corporation or other governmental subdivision.

• 80-1401 to 80-1403:

        History:   G.S. 1868, ch. 110, §§ 45 to 47; R.S. 1923, 80-1401 to 80-1403; Repealed, L. 1981, ch. 393, § 1; July 1.

• 80-1404: Cities of first and second classes excluded from townships; wards. 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.

• 80-1405:

        History:   G.S. 1868, ch. 110, § 49; R.S. 1923, 80-1405; L. 1973, ch. 134, § 60; Repealed, L. 1974, ch. 446, § 27; July 1.

• 80-1405a: Effect of change in population or valuation by annexation; eligibility for permit or license. 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.

• 80-1406:

        History:   L. 1941, ch. 397, § 1; Repealed, L. 1947, ch. 480, § 1; June 30.

• 80-1406a:

        History:   L. 1945, ch. 387, § 1; Repealed, L. 1977, ch. 349, § 3; July 1.

• 80-1406b: Transfer of surplus in general fund, when; resolution. 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.

• 80-1406c: Certain township officers authorized to transfer certain moneys in general fund to cemetery fund, when. (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.

• 80-1407: Compensation of township officers of townships with township water system. 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.

• 80-1407a, 80-1407b:

        History:   L. 1957, ch. 537, §§ 1, 2; Repealed, L. 1969, ch. 473, § 1; July 1.

• 80-1408: Certain townships in certain counties between 10,000 and 13,000; additional bonds. 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.

• 80-1409: Same; application of general bond law. 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.

• 80-1410:

        History:   L. 1943, ch. 333, § 1; Repealed, L. 1949, ch. 497, § 1; June 30.

• 80-1411:

        History:   L. 1943, ch. 244, § 1; Repealed, L. 1947, ch. 480, § 1; June 30.

• 80-1412:

        History:   L. 1943, ch. 329, § 1; Repealed, L. 1947, ch. 480, § 1; June 30.

• 80-1413: Tax levies for funds to improve township roads; election. 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.

• 80-1413a: Validation of election to levy tax; Monmouth township, Shawnee county. 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; Feb. 24.

• 80-1413b: Same; Rossville township, Shawnee County. 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; Feb. 24.

• 80-1413c: Same; Mission township, Shawnee County. 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; Feb. 24.

• 80-1414:

        History:   L. 1945, ch. 281, § 1; Repealed, L. 1969, ch. 474, § 1; July 1.

• 80-1415:

        History:   L. 1945, ch. 279, § 1; Repealed, L. 1969, ch. 474, § 1; July 1.

• 80-1416:

        History:   L. 1947, ch. 487, § 1; Repealed, L. 1969, ch. 474, § 1; July 1.

• 80-1417: Joint township hall by certain townships and cities of third class; petition to city; contract; tax levies. 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.

• 80-1418: Designation of certain townships and cities in Johnson county as urban areas. 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.

• 80-1419, 80-1420:

        History:   L. 1959, ch. 181, §§ 1, 2; Repealed, L. 1968, ch. 55, § 28; April 30.

• 80-1421:

        History:   L. 1971, ch. 326, § 1; L. 1982, ch. 429, § 3; Repealed, L. 1996, ch. 184, § 15; May 2.

• 80-1422:

        History:   L. 1971, ch. 326, § 2; Repealed, L. 1996, ch. 184, § 15; May 2.

• 80-1423:

        History:   L. 1972, ch. 385, § 1; L. 1979, ch. 186, § 29; L. 1980, ch. 87, § 3; Repealed, L. 1988, ch. 261, § 48; April 14.

• 80-1424:

        History:   L. 1972, ch. 385, § 2; Repealed, L. 1988, ch. 261, § 48; April 14.

• 80-1425:

        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.

• 80-1426 to 80-1428:

        History:   L. 1972, ch. 385, §§ 4, 5, 6; Repealed, L. 1988, ch. 261, § 48; April 14.

• 80-1429: Tax levy for flood control in certain townships; election. 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.

• 80-1430: Transfer of township moneys or property to not-for-profit corporation or other governmental subdivision. (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.