SB 205--Am. by HCW
[As Amended by House Committee of the Whole]
As Amended by House Committee
Session of 1997
By Senators Clark, Barone, Biggs, Bleeker, Brownlee, Corbin, Harden- burger, Harrington, Huelskamp, Jordan, Karr, Lee, Morris, Sallee, Sal- mans, Steffes, Tyson and Umbarger
AN ACT concerning townships; relating to certain financial statements; amending K.S.A. 1996 Supp. 80-410 and repealing the existing section.

14 AN ACT concerning townships; relating to the powers, duties and 15 [certain municipalities; relating to the powers, duties and func- 16 tions of the governing bodies thereof;] functions thereof; 17 amending [K.S.A. 68-102 and] K.S.A. 1996 Supp. 80-410, 80-915 18 and 80-1501 and repealing the existing sections. 19 20 Be it enacted by the Legislature of the State of Kansas: 21 Section 1. K.S.A. 1996 Supp. 80-410 is hereby amended to read as 22 follows: 80-410. (a) The treasurer of each township shall file with the 23 county clerk a duly verified full and detailed statement of the receipts, 24 expenditures and liabilities of the township for the preceding calendar 25 year, on or before January 31 of the succeeding year. 26 (b) The treasurer of each township shall publish, or cause to be pub- 27 lished, in a newspaper of general circulation in the township immediately 28 following the annual settlement in December of each year, a summary 29 which shows totals for categories of the receipts, expenditures and liabil- 30 ities of such township for the year ending at the time of such annual 31 settlement. Such publication shall include a notice that a detailed state- 32 ment of such receipts, expenditures and liabilities is available for public 33 inspection at the county clerk's office. Copies of the statement shall be 34 made available upon request. 35 If the total of all expenditures is $500 or less, the summary of receipts, 36 expenditures and liabilities shall not be required to be published as pro- 37 vided by this subsection. 38 (b) (c) The treasurer of the township shall file with the county clerk 39 a full and detailed statement of the amount of money paid to each mem- 40 ber of the township board pursuant to K.S.A. 80-207, and amendments 41 thereto, during the preceding calendar year, on or before January 31 of SB 205--Am. by HCW

 1  the succeeding year.
 2    Sec. 2.  K.S.A. 1996 Supp. 80-410 is hereby repealed.
 3    Sec. 2.  K.S.A. 1996 Supp. 80-915 is hereby amended to read
 4  as follows: 80-915. Whenever any cemetery association or corpo-
 5  ration maintaining or owning a cemetery shall desire to convey
 6  such cemetery to the municipal township in which the cemetery is
 7  located for the purpose of making the cemetery a public burying
 8  ground, it shall be lawful for the township board to receive and
 9  take over the management and control of such cemetery upon such
10  terms as may be agreed upon. When such cemetery becomes the
11  property of the township it shall be the duty of the township to
12  maintain the same at an annual expense of not less than $25 nor
13  more than $100. Nothing in this act shall be construed to restrict
14  or modify other public cemetery acts. Except as provided in K.S.A.
15  1996 Supp. 80-941 and section 3, and amendments thereto, no town-
16  ship board shall agree to take over any such cemetery where the
17  township already has and maintains a public cemetery.
18    New Sec. 3.  (a) The township board of Tecumseh township in
19  Shawnee county is hereby authorized to acquire from the Bethel
20  cemetery association, with the consent of such association, the fol-
21  lowing described cemetery property and any improvements
22  thereon:
23    Beginning at a point on the south line 20 feet west of the south-
24  east corner of the northwest quarter of section 13 in township 12
25  of range 16 west of the 6th P.M., Shawnee county, Kansas, thence
26  running north 27 rods, thence west 12 rods, thence south 27 rods
27  to the south line of such quarter, thence east to the point of be-
28  ginning.
29    (b)  Upon the conveyance of the cemetery property under sub-
30  section (a), title to all such property shall vest in Tecumseh town-
31  ship, and the permanent maintenance fund, if any, together with
32  any investments then outstanding, and all books, records and pa-
33  pers of such cemetery shall be transferred to the treasurer of such
34  township and shall become the property thereof. Upon the transfer
35  of such property and funds, the township board shall care for and
36  maintain such cemetery with any moneys of the cemetery corpo-
37  ration including the principal of and income from the permanent
38  maintenance fund, if any; and, if such moneys are insufficient to
39  properly maintain such cemetery, with funds of the township. The
40  principal of and income from the permanent maintenance fund
41  may be deposited in any appropriate fund of the township or may
42  be invested in the manner provided for other township money, but
43  shall be used exclusively for care and maintenance of such ceme-
SB 205--Am. by HCW

 1  tery.
 2    Sec. 4.  K.S.A. 1996 Supp. 80-1501 is hereby amended to read
 3  as follows: 80-1501. (a) Any township or county may join with a
 4  municipality in the maintenance of a fire department for the pre-
 5  vention and fighting of fires within their boundaries. The cost of
 6  equipment and maintenance, the payment of compensation to fire-
 7  fighters, the rent or purchase of buildings shall be paid in such
 8  proportion as agreed upon by the parties. The supervision and
 9  control of the department shall be with the governing body of the
10  municipality if the municipality joins with a township or county.
11  The fire department members may be paid or may be volunteers
12  and shall be subject to such rules and regulations as the munici-
13  palities adopt. Such departments, when organized, may incorpo-
14  rate as firefighters' relief associations, and such associations shall
15  come within the purview and be subject to the provisions of and
16  entitled to the rights under article 17, chapter 40, of the Kansas
17  Statutes Annotated and amendments thereto.
18    (b)  When a municipality and a township join, the agreements
19  shall be entered into by the municipality by ordinance and by the
20  township or county by resolution, and the agreement as set out in
21  the ordinance and resolution shall be signed by the mayor of the
22  city and attested by the city clerk and, in the case of a township
23  shall be signed by the township trustee and attested by the town-
24  ship clerk and, in the case of a county shall be signed by the chair-
25  person of the board of county commissioners and attested by the
26  county clerk. The agreement shall state the amount each party
27  shall contribute, the rules and regulations governing the depart-
28  ment, and such other matter as may be necessary to fully set out
29  the duties and responsibilities of the parties, and the agreement
30  may be amended or changed or added to by mutual agreement of
31  the parties in the same manner as that in which the original con-
32  tract was entered into. Such agreement may be terminated if one
33  party passes or adopts an ordinance or resolution declaring its in-
34  tention to carry out the agreement no longer. When an agreement
35  is terminated, one party may pay the other for its share of the
36  equipment or apparatus or the apparatus may be sold. Any money
37  in the treasury shall be divided pro rata as it was paid in. No elec-
38  tion shall be required to authorize the township board, board of
39  county commissioners or governing body of any municipality to
40  enter into such agreement, but the township board, board of
41  county commissioners or governing body of a municipality shall
42  have the power to decide whether to enter into such contract.
43    (c)  The governing body of any joint fire department created pursuant
SB 205--Am. by HCW

 1  to this section may reorganize itself as a consolidated fire district in the
 2  manner provided for the consolidation of fire districts pursuant to K.S.A.
 3  1996 Supp. 12-3910 et seq., and amendments thereto.
 4    [Sec. 5.  K.S.A. 68-102 is hereby amended to read as follows:
 5  68-102. (a) Except as provided by subsection (b), applications for lay-
 6  ing out roads, or for viewing, reviewing, altering or vacating any
 7  road, shall be by petition to the board of county commissioners,
 8  signed by at least twelve (12) 12 householders of the county residing
 9  in the vicinity where said the road is to be laid out, viewed, re-
10  viewed, altered or vacated; and one or more of the signers of any
11  petition presented as aforesaid shall enter into. At least one of the peti-
12  tioners shall post a bond with sufficient sureties, payable to the state
13  of Kansas for the use of the county, to be approved by the county
14  commissioners, conditioned that the person signing such bond
15  shall pay into the treasury of the county the amount of all costs
16  and expenses accruing on said the location, view, review, alteration
17  or vacation, in case the proceedings had in pursuance of said the
18  petition shall not be finally confirmed and established; and on ne-
19  glect. Upon the failure or refusal of the persons so bound, after a
20  liability shall have accrued, the county clerk of the county shall
21  collect or cause to be collected such costs and expenses, and pay
22  the same into the county treasury: Provided, That in counties having
23  a population of not more than ninety thousand (90,000) and not less than
24  twelve hundred (1,200) inhabitants, the board of county commissioners
25  are hereby given authority to vacate any road of such county without such
26  petition being signed and presented to them and without the signer of
27  bond as provided herein when, in their judgment, said. 
28    [(b)  The board of county commissioners may vacate any road in the
29  county whenever the board determines such road is not a public utility
30  by reason of neglect, nonuse, or inconvenience or from other cause
31  or causes said such road has become practically impassable and the
32  necessity for said such road as a public utility does not justify the
33  expenditure of the necessary funds to repair said such road or put
34  the same in condition for public travel: Provided further, That no
35  more than two consecutive miles of road shall be vacated at any one time.]
36    Sec. 5 [6].  [K.S.A. 68-102 and] K.S.A. 1996 Supp. 80-410, 80-
37  915 and 80-1501 are hereby repealed.
38    Sec. 3. 6 [7].  This act shall take effect and be in force from and after
39  its publication in the statute book Kansas register.