Kansas Attorney General Opinions

Cities may by ordinance provide for the issuance of general obligation bonds for the payment of improvements to city-owned property subject to certain limitations. *

There is no statutory authority for incorporation of all or part of an existing improvement district into an adjacent sewer district or for consolidation of an improvement district with an existing adjacent sewer district into a new sewer district comprising the terri- tory of both so as in any way to diminish the corporate powers of the improvement district.

The exercise of municipal zoning power is an inherently governmental function, and it is unlikely that members of the city governing body or members of a planning commission will be held liable for damages for injuries resulting from a safety hazard which is constructed as a result of the grant of a zoning change. * *

February 14, 1977 ATTORNEY GENERAL OPINION NO. 77- 58 Mr. Richard D. Loffswold, Jr. Attorney at Law 116 East Forest Post Office Box 163 Girard, Kansas 66743 Re: Cities--Property--Disposal Synospis: No Kansas law prohibits the disposition of city property of a city of the second c…

Action by a board of county commissioners to authorize installation of underground irrigation pipe on the right- of-way of a county road does not intrude upon the rights of abutting landowners who hold title subject to the public easement, for the board of county commissioners holds complete and exclusive use of the public easement.

A county may, in the exercise of its home rule admini- strative powers, enter into agreements with other coun- ties to share the cost of a trial of a person accused of committing an offense within the jurisdiction of such county, when the trial is to be held outside said county. * *

A city may, in the exercise of its legislative powers under Article 12, § 5 of the Kansas Constitution, autho- rize the payment of bonuses to its employees. *

The special city-county road fund created by K.S.A. 1976 Supp. 79-3425 is applied in part to the support of the "state system of highways" as that term is used in Article 11, § 9 of the Kansas Constitution. The tax levied by K.S.A. 79-6a01 et seq. is not a "general property tax" within the meaning of Article 11, § 9. The tax levied by K.S.A. 79-6a01 and applied as proposed by 1977 House Bill 2202 constitutes a "special tax" on motor vehicles within the meaning of Article 11, § 10 of the Kansas Constitution, and may permissibly be applied to road and highway purposes.

Persons engaged in remodeling businesses are required to pay the retailers' sales tax upon the gross receipts from such services. Persons who, in addition to en- gaging in a remodeling business, are also engaged in the sale at retail of materials which are used by others, such as homeowners, in remodeling projects are required to collect and remit the retailers' sales tax on such transactions. *

The Kansas open meeting law, K.S.A. 1976 Supp. 75-4317 et seq., applies only to legislative and administrative bodies of the state and its political subdivisions, and subordinate groups thereof, and does not apply to an unpaid voluntary citizens' committee which is consti- tuted by a county officer to advise him or her concern- ing matters within the jurisdiction of such officer, but which exercises no administrative authority of such officer.

The appropriation of $32,000 to the Director of Archi- tectural Services made by the 1976 legislature for a study to determine comparative construction and opera- tion costs and visitation estimates for various loca- tions for a new state historical society museum may include any alternative sites which the Director deems appropriate, in addition to the property already ac- quired by the state pursuant to K.S.A. 1976 Supp. 76- 2306 et seq. The contractual services for such study are not exclusively architectural and are not subject to the selection process prescribed by K.S.A. 1976 Supp. 75-54

If a board of county commissioners chooses to exempt itself from the compensation prescribed for it by K.S.A. 1976 Supp. 28-810(a), it may do so by a charter resolu- tion which prescribes a different amount, or by provid- ing in lieu thereof that the amount shall be as subse- quently prescribed by said board of county commissioners. *

A township may not lease township property pursuant to K.S.A. 8-104 for use for industrial sites by a muni- cipal industrial development commission. *

Urban transit buses operated by the Topeka Metropolitan Transit Authority may not be used on "school tripper" routes for the transportation of students to and from school unless and until such vehicles meet the statutory requirements for school buses, and comply with regula- tions of the Kansas Secretary of Transportation pertain- ing to school buses.

Under the Small Claims Procedure Act, K.S.A. 61-2701 et seq., a party may obtain the assistance of counsel in post-judgment proceedings, e.g., involving attach- ment, levy and garnishment. *

Monies deposited in the special fund pursuant to K.S.A. 8-145 may be used only to pay for necessary help and expenses allocable to administration of the motor vehi- cle registration law performed by the office of county treasurer. Annual bonuses for all deputies and assis- tants to the treasurer are not properly payable from said fund. *

A fire district organized under K.S.A. 19-3613 et seq., may include new territory therein only by K.S.A. 19- 3604, and territory comprising a city of the third class which is completely encircled by said district may not be included therein by action of the governing body under K.S.A. 19-3605. If a city is included in such fire district, control and supervision over fire dis- trict services rendered within said city rests with the governing body of the fire district, and not the governing body of the city.

Senate Bill 79, before the 1977 legislature, is unnec- essary to empower a Kansas city to construct a line for the purchase of electricity to a seller thereof located beyond the territorial boundaries of the city, for the city may do so in the exercise of its general administrative powers vested in it by Article 12, § 5 of the Kansas Constitution. *

A petition which is filed pursuant to K.S.A. 12-2001, Sixth, requesting an election upon the granting of a franchise must satisfy the requirements of K.S.A. 1976 Supp. 25-3601 et seq. as to form and sufficiency. *

Monies from the general fund of Kansas counties may lawfully be applied to support, either in whole or in part, as the legislature deems appropriate, the costs incurred by county treasurers for their role in the administration of state motor vehicle licensing laws.

Any county and certain cities of the second class may make a levy of not to exceed two mills for the purpose of establishing and maintaining an emergency medical service under K.S.A. 1976 Supp. 65-4301 et seq. Any such levy is exempt from the aggregate levylimitations of K.S.A. 1976 Supp. 79-5001 et seq., the "tax lid," but may not be made until first authorized by the voters of the county.

A special assessment is a tax levied on property accord- ing to the benefits conferred on such property. The whole theory is that the tax burden to such property is offset by the enhanced value to that property caused by the beneficial improvement. Property incapable of re- ceiving benefits from an improvement cannot be specially assessed for such improvement.

February 1, 1977 ATTORNEY GENERAL OPINION NO. 77- 38 Mr. Steve Pigg Assistant City Attorney 215 East 7th Street Topeka, Kansas 66603 Re: Cities--Funds--Judgments Synopsis: Ordinance Nos. 13793 and 13971, providing for the pay- ment of defense costs and for the satisfaction of civ…

January 28, 1977 ATTORNEY GENERAL OPINION NO. 77- 45 F. T. "Jim" Chaffee Sheriff, Shawnee County 200 East Seventh Topeka, Kansas 66603 RE: Sheriffs - Deputies - Powers and Appointment SYNOPSIS: The appointment of any deputy sheriff expires upon the expiration of the term of the a…

The cost of medical treatment provided a prisoner after he is placed under confinement shall be borne by the jurisdiction where the confinement occurs. •

The tuition charged by the Law Enforcement Training Center for the attendance of a law enforcement officer shall be paid by the county authorizing such person to attend and this expense cannot be charged over to the officer requiring him to reim- burse the county through a contract provision.

A board of education may not furnish or provide trans- portation for its students pursuant to K.S.A. 1976 Supp. 72-8301 et seq. in urban transit buses which are owned and operated by the Topeka Metropolitan- Transit Authority or in any bus which does not con- form in both design and operation to the statutory requirements relating to school buses, such as K.S.A. 1976 Supp. 8-1556, -1730 and -2009, and regulations of the Secretary of Transportation which are adopted pursuant to K.S.A. 1976 Supp. 8-1730(c).

Kansas statutes do not prohibit the hunting of coyotes with firearms from vehicles moving upon public roads except as provided in K.S.A. 21-3728. *

Steel traps which may be set for coyotes are not limited in number by the provisions of K.S.A. 32-158.

Section 3 of 1977 House Bill 2005 impermissibly operates to amend and repeal other statutes without compliance with Article 2, § 16 of the Kansas Constitution. *

The board of county commissioners has no authority to abate any tax, except as provided in K.S.A. 1976 Supp. 79-1701a for the correction of clerical errors enume- rated in K.S.A. 1976 Supp- 79-1701. Re: Counties--County Counselor--Power to Appoint Synopsis: The board of county commissioners of Pottawatomie County is authorized to appoint a county counselor in the exer- cise of its home rule powers pursuant to K.S.A. 19-101a et seq., and to prescribe the duties of such officer either by reference to K.S.A. 19-247, or independently of such statute.

Upon the filing of sufficient petitions in opposition to a resolution adopted by the board of county commis- sioners concerning the levy of an intangibles tax, pursuant to K.S.A. 1976 Supp. 79-3109(b), the board may refuse to call a special election, and thus effec- tively abandon the resolution without incurring the expense of a special election. *

The independent nomination procedure prescribed under K.S.A. 25-303 is constitutionally required to be avail- able to independent candidates for municipal office in partisan city elections.

The effect of section 1 of 1977 House Bill 2002 is to impose upon lessees a duty to develop every subsurface zone of a producing leasehold as a condition of the implied covenant of reasonable development, a condition which does not now exist, and to create a presumption of breach of that covenant as a ground for partial ter- mination of the lease upon the showing prescribed in section 1 thereof, and thus operates to impair contrac- tual rights and obligations of lessees under existing leases, in violation of Article I, § 10 of the United States Constitution.

January 24, 1977 ATTORNEY GENERAL OPINION NO. 77-28 Mr. Michael H. Haas Sheridan County Attorney Sheridan County Courthouse Hoxie, Kansas 67740 Re: Counties--Idle Funds--Investment Synopsis: If a commercial bank located in a county offers to accept deposits of idle county funds i…

Under K.S.A. 8-1501, and its corresponding provision in the Standard Traffic Ordinance for Kansas Cities, the offenses of reckless driving, driving while under the influence of intoxicating liquors or drugs, and fleeing or attempting to elude a police officer, may be committed not only upon highways of the state, as that term is defined by K.S.A. 8-1424, but also upon private property.

Vehicles owned and used by a city for the operation of a municipal solid waste collection program are vehi- cles which are used for utility purposes, as distin- guished from governmental purposes, and are thus not eligible for the registration fee of two dollars pro- vided by K.S.A. 8-143 for certain vehicles. *

The Governor's Residence Advisory Commission May not delegate its power to accept gifts on behalf of the State of Kansas for use in connection with the gover- nor's official residence to its chairperson or any of its members comprising less than a majority thereof. *

Members of the Capitol Area Security Patrol who are not members of the Kansas Highway Patrol are not eli- gible for defense services extended under K.S.A. 1976 Supp. 75-4360.

Proceeds from a levy authorized pursuant to K.S.A. 12- 1680 may be used to rent, construct or purchase appro- priate quarters to house service programs for the levy authorized under that statute.

The proceeds of a levy which was extended by the City of Haysville for the establishment of a municipal li- brary, which has since been approved by the voters thereof, and which were paid without protest, are law- fully available for expenditure by the city for library purposes. *

The entire general fund levy of a governmental unit is to be included in the "total tangible property tax levies" of such unit, on the basis of which its distribu- tive share to the proceeds of the countywide retailers' sales tax is to be determined, notwithstanding some portion of the general fund is to be applied to a pur- pose for which a separate levy might have been made under other statutory authority, which itself would have been exempt from the aggregate levy limitations of K.S.A. 1976 Supp. 79-5001 et seq.

K.S.A. 1976 Supp. 77-138 requires that sets of Kansas Statutes Annotated be delivered to elective and appoin- tive state officers who are heads of departments, which officers may be identified through information available in the Kansas Directory, which is compiled by the Sec- retary of State. *

No person may be appointed a notary public under K.S.A. 53-101 et seq. unless there is in effect on the date of such appointment a valid surety bond as required by K.S.A. 53-102. No appointment may be made to empower any person to act as a notary public retroactively, i.e., prior to the date the appointment is made, al- though an appointment may be made to commence at a date certain in the future.

The City of Eureka did not acquire fee simple absolute title to property acquired by eminent domain proceedings in 1958 for a municipal airport which would enable the city to convey fee simple absolute title to portions thereof to purchasers for industrial sites. *

Employment with a state university or junior college of another state does not constitute employment in the "public school system" of such other state within the meaning of K.S.A. 74-4936a.