31-302. Same; governing body; election; terms; vacancies; contracts for services. - Kansas Statutes

31-302

Chapter 31.--FIRE PROTECTION Article 3.--BENEFIT DISTRICTS

      31-302.   Same; governing body; election; terms;vacancies;contracts for services.(a) Any benefit district created pursuantto K.S.A. 31-301, and amendments thereto, shall be governed by a board ofdirectors. Except as provided in subsection (b), the members of the board ofeducation of the unified schooldistrict who residewithin the boundaries of such benefit district shall be the boardof directors of such benefit district.

      (b) (1)   If the territory of a benefit district created pursuant toK.S.A. 31-301, and amendments thereto, is located partly within Osage countyand partly within Lyon county, such district shall be governed by a five-memberboard of directors. Except as provided by paragraph (3) of this subsection,members shall beelected for four-year terms.

      (2)   The members of the board of directors, as it existed prior to theeffective date of this act and the fire chief of the district shall appointthree persons as members of the board as follows: One person shall be aresident of thefire district and a resident of Osage county; one member shall be a resident ofthe fire district and a resident of the unincorporated area of Lyon county; andone member shall be a resident of the fire district and a resident of the cityof Reading. Such members shall be appointed within 30 days of the effectivedate of this act. The terms of all members of the board, both elected andappointed, shall expire on the second Monday in January of 1993.

      (3)   An election shall be held in the benefit district on the Tuesdayfollowing the first Monday in November of 1992 and of each even-numbered yearthereafter for the purpose of electing the members of the board. At the firstsuch election, two members shall be elected from the district at large to servefor two-year terms. Three members shall be elected for four-year terms and ofsuch members: One member shall be a resident of the fire district and aresident of Osage county; one member shall be a resident of the fire districtand a resident of the unincorporated area of Lyon county; and one member shallbe a resident of the fire district and a resident of the city of Reading. Allmembers not filling a vacancy and not holding office for a shorter term incompliance with this paragraph shall hold office for a term of four years fromthe second Monday in January next after their election and until theirsuccessors are elected and qualified. Membersof the board shall be qualified electors of the district.

      Vacancies occurring during a term shall be filled for the unexpired term byappointment by the remaining members of the board.

      (4)   Elections to choose members of the board shall be conducted, thereturns madeand the results ascertained in the manner provided by the general election law.Any person desiring to be a candidate as a member of theboard inany election, shall file with the county election officer of the home countywherein the district is located, by 12 o'clock noon, June 10, prior tosuch election, a statement directing such officer to place suchperson's name on the ballot as a candidate in such election indicating theposition for which such person is filing.There shall be no fee imposed for such filing. Thecounty election officer in preparing the ballots shallrotate the names of candidates for each member position in such a manner thateach candidate shall be given an equitable opportunity to have such candidate'sname appear first on the ballot. The county electionofficer shall cause to beascertained the names of all qualified electors within the district,and shall furnish lists thereof to the judges of suchelection. Notice of the time and place of holding each election, signed bythe county election officer, shall be given in a newspaper of generalcirculation in the districtat least 10 days before holding the election. At allelections held under the provisions of this act, only persons who areresidents of the district, and who are qualified electorsunder the constitution, shall be entitled to vote.In addition, if a position on the board has a special residency requirement,onlypersons who also meet such requirement shall be entitled to vote for thatposition.

      (5)   For the purposes of this subsection home county means Lyon county.

      (6)   All moneys and records of the benefit district in possessionof the former board of directors shall beturned over by the board to the successor board of directors. Alllegalobligations and contracts entered into by the former board shall become theobligations and contracts of the new board.

      (c)   The board of directors of the benefit district is authorized toexecute contracts with the city for the furnishings of fire-fightingservices to the district upon such terms and for such compensation as maybe agreed upon, to adopt budgets, to receive and expend moneys andotherwise to act to carry out the provisions of this act.

      History:   L. 1951, ch. 238, § 2; L. 1965, ch. 266, § 1;L. 1992, ch. 161, § 1; April 30.