Session of 1999
HOUSE BILL No. 2182
By Committee on Local Government
1-28
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.
12
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.