Kansas Statutes

Chapter 80: Townships And Township Officers

Article 19: Fire Department Or Company

Statutes:

• 80-1901: Township board defined.
• 80-1902: Creation of department in counties having a city of the first class between 60,000 and 200,000.
• 80-1903: Fire department; tax levies; use of proceeds.
• 80-1904: Operation of department; employees; volunteer members; compensation; insurance.
• 80-1905: Contracts with cities and townships; conditions.
• 80-1906: Right of way on highways; siren.
• 80-1907:
• 80-1908: Prior contracts; transfer of balances.
• 80-1909: Bonds for buildings and equipment; election; tax levy limitations not to apply, when; election expenses.
• 80-1910: Bond issues; tax levies authorized.
• 80-1911: Act supplemental.
• 80-1911a: Rights of township upon annexation of fire station land by city.
• 80-1912: Purchase of fire fighting equipment and housing thereof; tax warrants; petition; tax levies.
• 80-1913: Same; fire company, government and maintenance; compensation.
• 80-1914: Fire department in townships in certain counties over 150,000; election.
• 80-1915: Same; township board defined.
• 80-1916: Same; creation and operation of fire department; tax levies.
• 80-1917: Same; control; employees; volunteer members; compensation, clothing and equipment; insurance.
• 80-1918: Same; certain statutes applicable.
• 80-1918a: Township fire department in counties over 175,000 and assessed valuation not more than $225,000,000; tax levy for fire department buildings and facilities; election.
• 80-1919: Fire departments in certain townships; application of act; petition required; exception.
• 80-1920: Fire departments in townships in certain counties; creation; procedure; warrants for equipment and facilities; tax levies.
• 80-1921: Same; operation and maintenance; tax levies; tax levies for additional equipment in certain townships; petition; election.
• 80-1922: Same; benefit districts in adjacent territory; petition; organization; board of directors.
• 80-1923: Same; contracts for fire-fighting services; terms.
• 80-1924: Same; tax levies.
• 80-1925: Contracts to furnish fire-fighting services to persons or municipalities.

• 80-1901: Township board defined. 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; Feb. 23.

• 80-1902: Creation of department in counties having a city of the first class between 60,000 and 200,000. 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.

• 80-1903: Fire department; tax levies; use of proceeds. 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.

• 80-1904: Operation of department; employees; volunteer members; compensation; insurance. 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.

• 80-1905: Contracts with cities and townships; conditions. 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; Feb. 23.

• 80-1906: Right of way on highways; siren. 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; Feb. 23.

• 80-1907:

        History:   L. 1939, ch. 348, § 7; Repealed, L. 1972, ch. 157, § 20; July 1.

• 80-1908: Prior contracts; transfer of balances. 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; Feb. 23.

• 80-1909: Bonds for buildings and equipment; election; tax levy limitations not to apply, when; election expenses. 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.

• 80-1910: Bond issues; tax levies authorized. The amount of such bonds issued and outstanding at any time shall not exceed one-half of one percent of the assessed 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 fifteen (15) years from the date of issue and shall be a lien upon all taxable property in such township. 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 any such township issuing bonds under the provisions of this act, shall have authority to levy such taxes as may be necessary to pay such bonds and interest.

        History:   L. 1939, ch. 348, § 10; L. 1978, ch. 99, § 39; April 25.

• 80-1911: Act supplemental. 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; Feb. 23.

• 80-1911a: Rights of township upon annexation of fire station land by city. 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.

• 80-1912: Purchase of fire fighting equipment and housing thereof; tax warrants; petition; tax levies. 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.

• 80-1913: Same; fire company, government and maintenance; compensation. 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.

• 80-1914: Fire department in townships in certain counties over 150,000; election. 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.

• 80-1915: Same; township board defined. 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.

• 80-1916: Same; creation and operation of fire department; tax levies. 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.

• 80-1917: Same; control; employees; volunteer members; compensation, clothing and equipment; insurance. 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.

• 80-1918: Same; certain statutes applicable. 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.

• 80-1918a: Township fire department in counties over 175,000 and assessed valuation not more than $225,000,000; tax levy for fire department buildings and facilities; election. 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.

• 80-1919: Fire departments in certain townships; application of act; petition required; exception. (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.

• 80-1920: Fire departments in townships in certain counties; creation; procedure; warrants for equipment and facilities; tax levies. 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 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; May 27.

• 80-1921: Same; operation and maintenance; tax levies; tax levies for additional equipment in certain townships; petition; election. (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.

• 80-1922: Same; benefit districts in adjacent territory; petition; organization; board of directors. 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.

• 80-1923: Same; contracts for fire-fighting services; terms. (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.

• 80-1924: Same; tax levies. 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.

• 80-1925: Contracts to furnish fire-fighting services to persons or municipalities. 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.