Session of 1999
By Committee on Local Government

  9             AN  ACT concerning townships; relating to the powers and duties of the
10             township board; amending K.S.A. 80-104 and 80-105 and repealing
11             the existing sections.
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 80-104 is hereby amended to read as follows: 80-
15       104. (a) The township trustee, clerk and treasurer of the several organized
16       townships in the state of Kansas, in addition to the powers that are now
17       conferred upon them by law, shall have power to procure not to exceed
18       three acres of land for the township, and to build thereon permanent
19       buildings, or to purchase school building or grounds or both the building
20       and grounds the same to be used for public purposes, such as meetings
21       relating to township business, political gatherings, township fairs, enter-
22       tainments, whether for free use or for hire and profit, at which an ad-
23       mission price may be charged, and such other meetings as may be au-
24       thorized by the township board. Such township officers board of any
25       township may acquire by purchase, lease or eminent domain real estate
26       not to exceed five acres of land for the construction of buildings thereon.
27       Such land and buildings shall be used for township purposes.
28             (b) The township board of any township may join with any corpora-
29       tion, association, society, or lodge in the construction or purchase and use
30       of such building buildings, upon such terms and conditions as may be
31       agreed upon by such township and corporation, association, society or
32       lodge, and in case such building is so constructed or purchased it shall be
33       for the joint use of the township and the corporation, association, society
34       or lodge joining in the construction or purchase thereof upon such terms
35       and conditions as are mutually agreed upon. In no event shall said town-
36       ship officers proceed to procure said land or erect said buildings thereon
37       or purchase such schoolhouse or appropriate any of the moneys of said
38       township or levy any tax therefor without first submitting the question to
39       a vote of the electors of said township, and said election shall be governed
40       by and the returns thereof made in accordance with the laws governing
41       the election of township officers. Funds authorized by such election may
42       be used in the joint construction or purchase of a building as herein
43       provided. The township trustee, clerk, and treasurer may procure, either
44       by purchase or by lease, not to exceed two acres of land for the township
45       and build thereon sheds and buildings that may be necessary for the
46       storage and protection of tools, implements and machinery without such
47       election, which said cost may be paid out of the general fund of the
48       township or from the general road fund of the township, or from either
49       or both of the said funds.
50             (c) The acquisition of land or buildings or construction of buildings
51       pursuant to this section shall be subject to the provisions of K.S.A. 80-
52       105, and amendments thereto.
53             Whenever any township is authorized by virtue of an election to con-
54       struct or purchase township buildings, general obligation bonds may be
55       issued for such purpose in accordance with the provisions of the general
56       bond law.
57             (d) The governing body of any township may issue general obligation
58       bonds of the township to finance the costs of either the construction or
59       acquisition, or both construction and acquisition of township buildings.
60       No such bonds shall be issued unless such issuance is submitted to and
61       approved by a majority of the qualified electors of the township voting at
62       an election called and held on such issuance. Such election shall be called
63       and held in the manner provided by the general bond law.
64             (e) The township board shall exercise the power of eminent domain
65       in the manner provided by K.S.A. 26-501, et seq., and amendments
66       thereto.
67             Sec.  2. K.S.A. 80-105 is hereby amended to read as follows: 80-105.
68       Whenever a petition signed by at least 10% of the qualified electors of
69       the township is presented to said township officers signed by one-third
70       of the electors of said township requesting them the township board re-
71       questing the board to submit the question to a vote as to the question of
72       whether or not there shall be erected or purchased in said township town-
73       ship buildings, in accordance with the provisions of this act, it shall be
74       the duty of said township officers to land or buildings shall be acquired
75       or buildings constructed as authorized by K.S.A. 80-105, and amendments
76       thereto, the board shall call an election for said purpose and submit on
77       such proposition at the next general election, or at a special election if a
78       general election will not occur within six months of the date of the pres-
79       entation of the petition to said township officers, and give thirty days'
80       notice thereof by posting five written or printed notices in as many public
81       places thereof in said township, or, if the board deems it advisable, by
82       publication in some paper in general circulation in said township. Such
83       election shall be called and held in the manner provided by the general
84       bond law. If a majority of the votes cast be in favor of the erection or
85       purchase of township buildings, then it shall be the duty of said township
86       officers to at once procure the land and cause said buildings to be erected,
87       or to purchase said building as the case may be, are in favor thereof, the
88       board may acquire such land and construct such buildings at a cost not
89       to exceed the amount specified in the call for said township notice of the
90       election, and in the manner and under the restrictions that in the judg-
91       ment of said the board will procure the best buildings for the money
92       expended. 
93       Sec.  3. K.S.A. 80-104 and 80-105 are hereby repealed.
94         Sec.  4. This act shall take effect and be in force from and after its
95       publication in the statute book.