Attorney General Opinion No. 1981-080 PDF Download
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Author: Robert T. Stephan
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While it is generally the rule that a municipality may annex only territory which is contiguous or adjacent to it, a rural water district may attach territory which is not so situated. Additionally, the district may employ its powers of eminent domain to obtain easements across property lying between the newly-attached land and the existing boundary for the purpose of laying water lines. Cited herein: K.S.A. 12-520c, K.S.A. 82a-619, 82a-619b, 82a-622, 82a-624.
Author: Robert T. Stephan
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While it is generally the rule that a municipality may annex only territory which is contiguous or adjacent to it, a rural water district may attach territory which is not so situated. Additionally, the district may employ its powers of eminent domain to obtain easements across property lying between the newly-attached land and the existing boundary for the purpose of laying water lines. Cited herein: K.S.A. 12-520c, K.S.A. 82a-619, 82a-619b, 82a-622, 82a-624.
Author: Robert T. Stephan
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Two statutes concerning fire departments in townships, K.S.A. 80-1518 and 80-1906, provide that fire department vehicles operated by the township are to be given the right of way on public highways, provided that, among other requirements, the vehicle is painted red. A third statute imposing similar requirements, K.S.A. 80-1505, was repealed in 1978. While repeal by implication is not favored, in view of the direct conflict between the two remaining statutes and the more recently-enacted K.S.A. 8-1530 and 8-1541 (regarding the duty of motorists and pedestrians to yield to a̲n̲y̲ authorized emergency vehicle making use of prescribed warning devices), the color requirement contained in the former is without force and effect. Cited herein: K.S.A. 8-1404, 8-1530, 8-1541, 80-1505 (repealed by L. 1978, ch. 424, section 2), 80-1518, 80-1906.
Author: Robert T. Stephan
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While K.S.A. 80-112 does not require an election to approve the sale of certain township property by townships located in certain counties, unless the criteria of that statute are met the sale of township property must be accomplished in accordance with K.S.A. 80-109, which requires that such sale be approved by the township's electors. Cited herein: K.S.A. 25-2502, 80-109, 80-110, 80-112.
Author: Robert T. Stephan
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The ownership by a township of a residence which is provided to the road supervisor is a public purpose, insofar as the supervisor also oversees the equipment, materials and supplies of the township that are kept on the premises, as well as maintaining the township hall. Accordingly, in the event that such residence is damaged or destroyed by fire, the township may issue general obligation bonds following an election approving same, with the proceeds used for repair or reconstruction. Cited herein: K.S.A. 1980 Supp. 80-104, K.S.A. 80-113.
Author: Robert T. Stephan
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The duties of the township trustee, township treasurer, and township clerk are set forth in Articles 3, 4, and 5 of Chapter 80, Kansas Statutes Annotated. The three officers must act together as the township board, which is the governing body of the township, in specific instances as directed by numerous statutes in Chapter 80 and K.S.A. 68-523 e̲t̲ s̲e̲q̲. To the extent there is conflicting statutory language dealing with the same subject, i.̲e̲.̲ duties delegated to an individual officer and also to the township board, the earlier language must be deemed to be impliedly repealed. Cited herein: K.S.A. 1980 Supp. 12-1675, K.S.A. 68-101, 68-523, 68-526, K.S.A. 1980 Supp. 80-104, K.S.A. 80-109, 80-115, 80-301, 80-401, 80-501, 80-808, 80-915, 80-1301, K.S.A. 1980 Supp. 80-1423, K.S.A. 1980 Supp. 80-1502.
Author: Robert T. Stephan
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A township hospital district operating under the authority of K.S.A. 80-2113 e̲t̲ s̲e̲q̲. which operates a home for the aged has no authority to make capital improvements using commingled business receipts and tax moneys raised for operation and maintenance. In addition, K.S.A. 80-2124 is not applicable to capital improvements to a home for the aged. Cited herein: K.S.A. 80-2113, 80-2117, 80-2124, K.S.A. 1980 Supp. 80-2125, 80-2127, 80-2128.
Author: Robert T. Stephan
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Apart from a specific statute, a township has no general power to impose a levy for fire protection. Unless a township can meet the criteria of one of the special acts contained in Chapter 80, Article 15 of Kansas Statutes Annotated, it may proceed only under K.S.A. 80-1501 e̲t̲ s̲e̲q̲., or K.S.A. 80-1540 e̲t̲ s̲e̲q̲. Under the latter act, a township may form a fire district which may contract for fire protection with other townships, cities or fire districts. Such a district constitutes a "fire protection benefit district" for the purposes of inclusion within a county fire district organized pursuant to K.S.A. 19-3601 e̲t̲ s̲e̲q̲. However, even in the absence of such a township fire district, township territory may be included within a county fire district pursuant to K.S.A. 19-3601 e̲t̲ s̲e̲q̲. No new territory may be included within such a county fire district after July 1. Cited herein: K.S.A. 19-3601, 19-3602, 19-3606, 19-3611, 19-3612, 80-1502, 80-1503, 80-1543, 80-1545, K.S.A. 1981 Supp. 79-1801.
Author: Robert T. Stephan
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The purported conveyance of the Conway School Building by Unified School District No. 418 to Jackson Township in McPherson County is invalid. If the consideration recited for the conveyance was sufficient to constitute the conveyance as a purchase of such school building by the township, the transaction is invalid because it did not receive the approval of the township's electors, as required by K.S.A. 1980 Supp. 80-104. If the conveyance was a gift, the transaction was invalid a̲b̲ i̲n̲i̲t̲i̲o̲, because a school board has no authority to make a gift of school district property. Cited herein: K.S.A. 72-8212, K.S.A. 1980 Supp. 80-104.
Author: Robert T. Stephan
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A hospital district, operating as a body politic and corporate, has the power to request a partition in order to effect the disposition of property authorized under K.S.A. 80-21,100. In order to comply with K.S.A. 80-2195, however, either this property or the proceeds from its sale must be used for "hospital purposes" directly and immediately benefitting the hospital. Cited herein: K.S.A. 60-1003, 77-201, K.S.A. 1980 Supp. 80-2178, K.S.A. 80-2195, 80-21,100.
Author: Robert T. Stephan
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A county attorney has no duty to act on behalf of a township board and seek vacation or closure of a township road pursuant to K.S.A. 68-102. Cited herein: K.S.A. 68-102, 80-304, 80-306.
