Kansas Statutes

Chapter 80: Townships And Township Officers

Article 3: Township Trustee

Statutes:

• 80-301: Powers and duties generally.
• 80-302: Auditing board; quarterly meetings; annual report; compensation of trustee, clerk and treasurer.
• 80-303:
• 80-304: Annual report of trustee to county commissioners; liability of township auditing board; copies of report available for inspection.
• 80-305: Property of township; custody and disposition; receipt.
• 80-306: Prosecutions for violations of road laws.
• 80-307: Removal of obstructions from highways.

• 80-301: Powers and duties generally. The township trustee shall have the power to:

        (a)   Divide the township into road districts, and make such alterations as may be necessary;

        (b)   ensure all moneys belonging to the township are properly spent for road or other purposes;

        (c)   provide for the care and management of all property, real and personal, belonging to the township, and to superintend the various interests thereof;

        (d)   cause a record to be made accurately defining the boundaries and number of each road district, as well as the alterations made in such district or districts in the township;

        (e)   administer all oaths in the necessary discharge of the duties of the office;

        (f)   superintend all the financial concerns of the township, and at the July session of the board of county commissioners, annually, with the advice and concurrence of the board of county commissioners shall levy a tax on the property in the township for township road and other purposes, and report the same to the county clerk, who shall enter the same on the proper tax roll in a separate column or columns, and the treasurer shall collect the same as other taxes are collected. If the trustee and board of county commissioners fail to agree on any such levy, the board of county commissioners shall levy such township road and other taxes; and

        (g)   discharge such other duties as may be imposed by law.

        History:   G.S. 1868, ch. 110, § 22; L. 1885, ch. 194, § 1; R.S. 1923, 80-301; L. 1968, ch. 406, § 140; L. 1994, ch. 232, § 2; July 1.

• 80-302: Auditing board; quarterly meetings; annual report; compensation of trustee, clerk and treasurer. The township trustee, clerk and treasurer of each municipal township shall constitute an auditing board. The auditing board shall meet in March, June, September and December of each year and examine and audit all claims against the township, and shall file their annual report with the county clerk for the approval of the board of county commissioners on or before January 31 of the succeeding year. No claim against any township shall be paid until allowed by the auditing board. All claims allowed by the auditing board shall be recorded by the clerk electronically or in a book to be kept for that purpose.

        The township trustee, clerk and treasurer shall each receive for the officer's services in attending to the township business, an amount determined by the township board as provided by K.S.A. 80-207, and amendments thereto.

        History:   L. 1885, ch. 168, § 9; L. 1887, ch. 234, § 1; L. 1913, ch. 333, § 1; R.S. 1923, 80-302; L. 1953, ch. 462, § 1; L. 1965, ch. 546, § 1; L. 1968, ch. 375, § 18; L. 1977, ch. 348, § 1; L. 1982, ch. 429, § 2; L. 1984, ch. 371, § 1; L. 1996, ch. 184, § 6; L. 2007, ch. 39, § 2; July 1.

• 80-303:

        History:   L. 1887, ch. 234, § 2; R.S. 1923, 80-303; Repealed, L. 1957, ch. 522, § 1; June 29.

• 80-304: Annual report of trustee to county commissioners; liability of township auditing board; copies of report available for inspection. (a) The township trustee, at the regular meeting of the board of county commissioners next succeeding the annual settlement of the township treasurer and road overseers, shall make a complete report of the affairs of the township for the preceding year, stating in detail the items of account audited and allowed, the nature of each account, and the name of each person to whom such an account was allowed. Such report shall specify the amount of compensation and amount of reimbursement of expenses paid to members of the township board pursuant to K.S.A. 80-207, and amendments thereto. Such report shall be verified by affidavit and shall be examined by the board of county commissioners. If found correct and in conformity to law, the board shall approve the report and accounts and the same shall be filed in the office of the county clerk of such county. Copies of the report shall be made available upon request. If such report and accounts are found not correct, or not in conformity to law, the board shall cite such township auditing board to appear before it and correct any errors appearing therein. Such township auditing board and their bondsmen shall be liable to their township for the amount of any and all accounts or demands by them allowed or paid in excess of that authorized by law for any purpose. It shall be the duty of the county attorney of such county to prosecute any and all suits in the name of such township for the recovery of the same, in any court of competent jurisdiction.

        (b)   Payments made prior to August 2, 1996, to township officers for duties and services performed pursuant to K.S.A. 68-525, 68-530, 68-531, 68-542, 80-207, 80-302, 80-304, 80-410, 80-1204, 80-1407, 80-1501, 80-1544 and 80-2002, and amendments thereto, or while actually and necessarily conducting township business are hereby validated.

        History:   L. 1885, ch. 168, § 11; R.S. 1923, 80-304; L. 1984, ch. 371, § 2; L. 1996, ch. 184, § 7; L. 1997, ch. 153, § 1; July 1.

• 80-305: Property of township; custody and disposition; receipt. In addition to the duties now prescribed by law, the township trustee shall have the custody and disposition of the property of his or her township, and shall on going out of office take from his or her successor in office a receipt for such property as he or she shall transfer to him or her, and shall file such receipt with the county clerk of his or her county; and such receipt when so filed shall be prima facie evidence of the facts therein stated.

        History:   L. 1871, ch. 153, § 1; March 16; R.S. 1923, 80-305.

• 80-306: Prosecutions for violations of road laws. The township trustee shall prosecute in the name of his or her township all violations of the different road laws, or any provisions thereof; and in such prosecution it shall be the duty of the county attorney to act on behalf of the township.

        History:   L. 1871, ch. 153, § 2; March 16; R.S. 1923, 80-306.

• 80-307: Removal of obstructions from highways. The township trustee may remove obstructions from the highways in cases where the road overseers shall refuse or fail to do so; and the trustee shall in such cases have all the power of road overseers in calling out the inhabitants to perform the work necessary to remove such obstructions.

        History:   L. 1871, ch. 153, § 3; March 16; R.S. 1923, 80-307.