Kansas Statutes

Chapter 80: Townships And Township Officers

Article 22: Refuse Collection And Disposal

Statutes:

• 80-2201: Acquisition of land for disposal of refuse in certain townships over 7,500; tax levies; garbage and trash fund.
• 80-2202: Powers of township board in certain townships over 7,500; contracts with certain cities.
• 80-2203: Same; joint exercise of powers by townships.
• 80-2204: Disposal of garbage, rubbish and trash by certain townships; eminent domain; bonds; tax levies; agreements.
• 80-2205: Operation of solid waste disposal site by certain townships; tax levy; solid waste disposal fund; protest petition; election, when.

• 80-2201: Acquisition of land for disposal of refuse in certain townships over 7,500; tax levies; garbage and trash fund. The township board of any township, having a population of more than 7,500 and located in a county adjoining two cities either within or without the state each of which has a population in excess of 120,000, if by resolution the township board deems it necessary to protect the public health and welfare of the inhabitants of such township, may acquire land by lease, purchase, or under the provisions of K.S.A. 26-501 to 26-516, inclusive, and amendments thereto, by condemnation, within or without such township, to be used for the disposal of trash and garbage collected from the inhabitants of such township. For the purpose of acquiring such land and maintenance thereof, a tax levy on all taxable tangible property may be made annually. The funds derived from such levies shall be placed in the garbage and trash fund.

        History:   L. 1949, ch. 505, § 1; L. 1963, ch. 234, § 92; L. 1970, ch. 385, § 11; L. 1999, ch. 154, § 70; May 27.

• 80-2202: Powers of township board in certain townships over 7,500; contracts with certain cities. The township board shall have the power to make all necessary rules and regulations concerning the acquiring of said land and relating to the use of said land when so acquired, and may provide rules and regulations fixing the powers and duties of inhabitants desiring to dump trash and garbage thereon; may provide facilities for incineration; may adopt land fill procedure and may deny the right to use said land for the purpose of disposing of trash and garbage to those persons who refuse or fail to comply with the rules and regulations adopted; may have the right to purchase equipment or erect buildings or other facilities thereon; may lease all or any part of such land for uses not inconsistent with the purpose for which it is acquired; may, by contract, permit the use of such land by cities or other townships: Provided, That a city, which was a part of a township at the time any tax levy was made under the provisions of the act of which this section is amendatory for the purpose of acquiring such land, may use such land for the purpose of disposing trash and garbage from such city upon payment to the municipal township in which such land is situate a reasonable monthly amount to help defray the cost of the maintenance and operation of said land as a place for the disposal of trash and garbage and such municipal township shall enter into a contract so providing whenever requested to do so by such a city; may have power to sell said land when no longer needed for the purpose for which it was acquired and the proceeds of such sale shall revert to the garbage and trash fund to be used for acquiring additional or other land for the same purposes.

        History:   L. 1949, ch. 505, § 2; L. 1953, ch. 473, § 1; April 10.

• 80-2203: Same; joint exercise of powers by townships. Two or more townships may exercise jointly the powers herein conferred upon each by this act; such joint exercise of powers shall be by means of a resolution adopted by the township board of each township, which shall contain the terms of the contract under which they proposed to exercise such powers jointly. The contract shall specify the respective interest and participation of each township in the acquisition of land; erection, operation and maintenance of buildings and equipment and which contain the rules and regulations governing the use of such land in disposing of garbage and trash thereon; such contract shall also define the respective interests of the townships in the proceeds from any sale or lease of the land. The joint resolution of each township board may alter or amend said contract in any particular.

        History:   L. 1949, ch. 505, § 3; June 30.

• 80-2204: Disposal of garbage, rubbish and trash by certain townships; eminent domain; bonds; tax levies; agreements. Whenever the township board of any township located in a county having a population of more than 55,000 and less than 100,000 finds and determines by resolution it is necessary to acquire a site or sites for the disposal of garbage, rubbish and trash within or without the township, the township board may acquire such site or sites by gift, purchase or condemnation and may construct necessary facilities thereon and purchase necessary equipment for the disposal of such garbage, rubbish and trash. In the event the township board of any such township finds it is necessary to acquire such site or sites by condemnation the governing body of the county shall proceed under the provisions of chapter 26 of the Kansas Statutes Annotated, and all acts amendatory thereof and supplemental thereto, or in substitution thereof. Whenever any such township shall so condemn such a site or sites, such township shall acquire a fee simple title thereto.

        In order to pay for such site or sites and the construction of all necessary facilities and equipment to be used in the disposal of garbage, rubbish and trash, the township board of such township is authorized to issue general obligation bonds of the township in the manner provided by the general bond law. Whenever such a site has been acquired, the township board may pay the cost of the operation and maintenance of the same from the general fund or may levy a special tax therefor on all taxable tangible property of the township. Any two or more of such townships may join in the acquisition of a site or sites for the disposal of garbage, rubbish and trash and the operation and maintenance of such sites as heretofore provided in this section; and the township boards of such townships are hereby authorized and empowered to enter into agreements for such purposes.

        History:   L. 1963, ch. 506, § 1; L. 1970, ch. 385, § 12; L. 1999, ch. 154, § 71; May 27.

• 80-2205: Operation of solid waste disposal site by certain townships; tax levy; solid waste disposal fund; protest petition; election, when. The township board of any township located in a county having a population of more than seven thousand eight hundred (7,800) and less than eight thousand three hundred (8,300) and an assessed tangible valuation of more than forty-eight million dollars ($48,000,000) and less than fifty-seven million dollars ($57,000,000) may annually levy a special tax at a rate not to exceed one-half (1/2) mill on all taxable tangible property within the township for the purpose of operating and maintaining a site for the disposal of solid waste. The moneys derived from the levy authorized herein shall be placed in a special fund known as the "solid waste disposal fund" and shall be used only for the purposes authorized herein. Said levy shall be in addition to, and shall not be included within, any aggregate limit fixed by law for townships.

        No such tax levy shall be made under the authority of this act until the board of township trustees shall have adopted a resolution authorizing the same and stating the purpose for which the levy is to be made. Such resolution shall be published once each week for two (2) consecutive weeks in a newspaper of general circulation in the township. If, within sixty (60) days following the last publication of the resolution, a petition in opposition to the levy signed by not less than five percent (5%) of the qualified voters of the township is filed with the county election officer of the county in which such township is located, no such levy shall be made unless and until the same is approved by a majority of the qualified voters of the township voting thereon at a special election called and held for such purpose. Any such election shall be called, noticed and held in accordance with the provisions of K.S.A. 10-120, and amendments thereto.

        History:   L. 1978, ch. 428, § 1; L. 1978, ch. 429, § 1; July 1.