288             1997 Session Laws of Kansas             Ch. 74

Chapter 74


An Act concerning certain municipalities; relating to the powers, duties and functions of
the governing bodies thereof; functions thereof; amending K.S.A. 68-102 and K.S.A.
1996 Supp. 80-410, 80-915 and 80-1501 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 1996 Supp. 80-410 is hereby amended to read as
follows: 80-410. (a) The treasurer of each township shall file with the

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county clerk a duly verified full and detailed statement of the receipts,
expenditures and liabilities of the township for the preceding calendar
year, on or before January 31 of the succeeding year.

(b) The treasurer of each township shall publish, or cause to be pub-
lished, in a newspaper of general circulation in the township immediately
following the annual settlement in December of each year, a summary
which shows totals for categories of the receipts, expenditures and liabil-
ities of such township for the year ending at the time of such annual
settlement. Such publication shall include a notice that a detailed state-
ment of such receipts, expenditures and liabilities is available for public
inspection at the county clerk's office. Copies of the statement shall be
made available upon request.

If the total of all expenditures is $500 or less, the summary of receipts,
expenditures and liabilities shall not be required to be published as pro-
vided by this subsection.

(b) (c) The treasurer of the township shall file with the county clerk
a full and detailed statement of the amount of money paid to each mem-
ber of the township board pursuant to K.S.A. 80-207, and amendments
thereto, during the preceding calendar year, on or before January 31 of
the succeeding year.

Sec. 2. K.S.A. 1996 Supp. 80-915 is hereby amended to read as fol-
lows: 80-915. Whenever any cemetery association or corporation main-
taining or owning a cemetery shall desire to convey such cemetery to the
municipal township in which the cemetery is located for the purpose of
making the cemetery a public burying ground, it shall be lawful for the
township board to receive and take over the management and control of
such cemetery upon such terms as may be agreed upon. When such
cemetery becomes the property of the township it shall be the duty of
the township to maintain the same at an annual expense of not less than
$25 nor more than $100. Nothing in this act shall be construed to restrict
or modify other public cemetery acts. Except as provided in K.S.A. 1996
Supp. 80-941 and section 3, and amendments thereto, no township board
shall agree to take over any such cemetery where the township already
has and maintains a public cemetery.

New Sec. 3. (a) The township board of Tecumseh township in Shaw-
nee county is hereby authorized to acquire from the Bethel cemetery
association, with the consent of such association, the following described
cemetery property and any improvements thereon:

Beginning at a point on the south line 20 feet west of the southeast
corner of the northwest quarter of section 13 in township 12 of range 16
west of the 6th P.M., Shawnee county, Kansas, thence running north 27
rods, thence west 12 rods, thence south 27 rods to the south line of such
quarter, thence east to the point of beginning.

(b) Upon the conveyance of the cemetery property under subsection

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(a), title to all such property shall vest in Tecumseh township, and the
permanent maintenance fund, if any, together with any investments then
outstanding, and all books, records and papers of such cemetery shall be
transferred to the treasurer of such township and shall become the prop-
erty thereof. Upon the transfer of such property and funds, the township
board shall care for and maintain such cemetery with any moneys of the
cemetery corporation including the principal of and income from the
permanent maintenance fund, if any; and, if such moneys are insufficient
to properly maintain such cemetery, with funds of the township. The
principal of and income from the permanent maintenance fund may be
deposited in any appropriate fund of the township or may be invested in
the manner provided for other township money, but shall be used exclu-
sively for care and maintenance of such cemetery.

Sec. 4. K.S.A. 1996 Supp. 80-1501 is hereby amended to read as
follows: 80-1501. (a) Any township or county may join with a municipality
in the maintenance of a fire department for the prevention and fighting
of fires within their boundaries. The cost of equipment and maintenance,
the payment of compensation to firefighters, the rent or purchase of
buildings shall be paid in such proportion as agreed upon by the parties.
The supervision and control of the department shall be with the governing
body of the municipality if the municipality joins with a township or
county. The fire department members may be paid or may be volunteers
and shall be subject to such rules and regulations as the municipalities
adopt. Such departments, when organized, may incorporate as firefight-
ers' relief associations, and such associations shall come within the pur-
view and be subject to the provisions of and entitled to the rights under
article 17, chapter 40, of the Kansas Statutes Annotated and amendments

(b) When a municipality and a township join, the agreements shall
be entered into by the municipality by ordinance and by the township or
county by resolution, and the agreement as set out in the ordinance and
resolution shall be signed by the mayor of the city and attested by the
city clerk and, in the case of a township shall be signed by the township
trustee and attested by the township clerk and, in the case of a county
shall be signed by the chairperson of the board of county commissioners
and attested by the county clerk. The agreement shall state the amount
each party shall contribute, the rules and regulations governing the de-
partment, and such other matter as may be necessary to fully set out the
duties and responsibilities of the parties, and the agreement may be
amended or changed or added to by mutual agreement of the parties in
the same manner as that in which the original contract was entered into.
Such agreement may be terminated if one party passes or adopts an or-
dinance or resolution declaring its intention to carry out the agreement
no longer. When an agreement is terminated, one party may pay the other

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for its share of the equipment or apparatus or the apparatus may be sold.
Any money in the treasury shall be divided pro rata as it was paid in. No
election shall be required to authorize the township board, board of
county commissioners or governing body of any municipality to enter into
such agreement, but the township board, board of county commissioners
or governing body of a municipality shall have the power to decide
whether to enter into such contract.

(c) The governing body of any joint fire department created pursuant
to this section may reorganize itself as a consolidated fire district in the
manner provided for the consolidation of fire districts pursuant to K.S.A.
1996 Supp. 12-3910 et seq., and amendments thereto.

Sec. 5. K.S.A. 68-102 is hereby amended to read as follows: 68-102.
(a) Except as provided by subsection (b), applications for laying out roads,
or for viewing, reviewing, altering or vacating any road, shall be by petition
to the board of county commissioners, signed by at least twelve (12) 12
householders of the county residing in the vicinity where said the road is
to be laid out, viewed, reviewed, altered or vacated; and one or more of
the signers of any petition presented as aforesaid shall enter into
. At least
one of the petitioners shall post
a bond with sufficient sureties, payable
to the state of Kansas for the use of the county, to be approved by the
county commissioners, conditioned that the person signing such bond
shall pay into the treasury of the county the amount of all costs and
expenses accruing on said the location, view, review, alteration or vaca-
tion, in case the proceedings had in pursuance of said the petition shall
not be finally confirmed and established; and on neglect. Upon the failure
or refusal of the persons so bound, after a liability shall have accrued, the
county clerk of the county shall collect or cause to be collected such costs
and expenses, and pay the same into the county treasury: Provided, That
in counties having a population of not more than ninety thousand (90,000)
and not less than twelve hundred (1,200) inhabitants, the board of county
commissioners are hereby given authority to vacate any road of such
county without such petition being signed and presented to them and
without the signer of bond as provided herein when, in their judgment,

(b) The board of county commissioners may vacate any road in the
county whenever the board determines such
road is not a public utility by
reason of neglect, nonuse, or inconvenience or from other cause or causes
said such road has become practically impassable and the necessity for
said such road as a public utility does not justify the expenditure of the
necessary funds to repair said such road or put the same in condition for
public travel: Provided further, That no more than two consecutive miles
of road shall be vacated at any one time

Sec. 6. K.S.A. 68-102 and K.S.A. 1996 Supp. 80-410, 80-915 and 80-
1501 are hereby repealed.

292             1997 Session Laws of Kansas             Ch. 74

Sec. 7. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved April 7, 1997.

Published in the Kansas Register: April 17, 1997.