Attorney General Opinion No. 1981-004 PDF Download
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Author: Robert T. Stephan
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The term "revenues" as is found in K.S.A. 12-1743 refers to revenues derived by a city under a lease agreement covering facilities constructed or improved under the Industrial Revenue Bond Law (K.S.A. 12-1740 e̲t̲ s̲e̲q̲.). The term "net earnings," as used in K.S.A. 12-1744, refers to revenues received by the city by virtue of such lease agreement. The provisions of K.S.A. 12-1740 e̲t̲ s̲e̲q̲. do not require by implication or otherwise that, as a condition for issuance of industrial revenue bonds, there be a determination by the city that the tenant industry will realize income and revenues solely from its operation of the facilities in amounts adequate to fulfill its obligation to pay the installments of rent and other charges required under a lease agreement. K.S.A. 12-1743 does not require that rental payments specified in a lease agreement bear a relationship to the fair market rental value of the facilities acquired or constructed from the bond proceeds. K.S.A. 12-1743 provides that all details pertaining to the issuance of industrial revenue bonds and the terms and conditions thereof shall be determined by ordinance of the city. An ordinance issued pursuant to K.S.A. 12-1743 may be adopted by a city even though there is no reasonable expectation that the tenant will realize sufficient income solely from its operation of the tenant industry sufficient to meet its obligations under the lease. A city may, pursuant to K.S.A. 12-1743, determine by ordinance and authorize the issuance of term bonds maturing in one or more installments. Cited herein: K.S.A. 10-103, 12-1740, 12-1743, 12-1744, 12-1749a, K.S.A. 1980 Supp. 10-103.
Author: Robert T. Stephan
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The term "revenues" as is found in K.S.A. 12-1743 refers to revenues derived by a city under a lease agreement covering facilities constructed or improved under the Industrial Revenue Bond Law (K.S.A. 12-1740 e̲t̲ s̲e̲q̲.). The term "net earnings," as used in K.S.A. 12-1744, refers to revenues received by the city by virtue of such lease agreement. The provisions of K.S.A. 12-1740 e̲t̲ s̲e̲q̲. do not require by implication or otherwise that, as a condition for issuance of industrial revenue bonds, there be a determination by the city that the tenant industry will realize income and revenues solely from its operation of the facilities in amounts adequate to fulfill its obligation to pay the installments of rent and other charges required under a lease agreement. K.S.A. 12-1743 does not require that rental payments specified in a lease agreement bear a relationship to the fair market rental value of the facilities acquired or constructed from the bond proceeds. K.S.A. 12-1743 provides that all details pertaining to the issuance of industrial revenue bonds and the terms and conditions thereof shall be determined by ordinance of the city. An ordinance issued pursuant to K.S.A. 12-1743 may be adopted by a city even though there is no reasonable expectation that the tenant will realize sufficient income solely from its operation of the tenant industry sufficient to meet its obligations under the lease. A city may, pursuant to K.S.A. 12-1743, determine by ordinance and authorize the issuance of term bonds maturing in one or more installments. Cited herein: K.S.A. 10-103, 12-1740, 12-1743, 12-1744, 12-1749a, K.S.A. 1980 Supp. 10-103.
Author: Robert T. Stephan
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Through the imposition of fines for unlawful conduct, K.S.A. 1980 Supp. 8-1901(d) imposes criminal liability. In addition, subsection (a) of that statute does not appear to violate the United States Constitution's Equal Protection Clause, although it only imposes liability upon a limited class of persons. Moreover, that subsection appears to convey a sufficiently definite warning as to the conduct proscribed therein, so as to avoid being unconstitutionally vague and uncertain. Cited herein: K.S.A. 1980 Supp. 8-1901, 8-1909, K.S.A. 8-2116, 8-2204, 21-3105, K.S.A. 1980 Supp. 21-4503, U.S. Const., Amend. XIV.
Author: Robert T. Stephan
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Neither the provisions of K.S.A. 1980 Supp. 19-1803, nor the common law doctrine of incompatibility of offices, precludes a person from concurrently serving on the board of trustees of a county hospital and on the board of education of a local school district. Cited herein: K.S.A. 1980 Supp. 19-1803.
Author: Robert T. Stephan
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Even though a person is neither a full-time nor part-time employee of a sheriff's department, if such person is regularly commissioned as a deputy sheriff, such person is an eligible applicant under K.A.R. 36-2-4(f)(4) for designation of such person's private vehicle as an authorized emergency vehicle. Cited herein: K.S.A. 8-1404, 8-2010, 8-2204, K.A.R. 36-2-4.
Author: Robert T. Stephan
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There are no statutory obstacles to an election commissioner also holding the office of mayor of a city of the second class. Moreover, the common law doctrine of incompatibility of offices does not preclude such simultaneous incumbencies.
Author: Robert T. Stephan
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Vehicles owned by a corporation which provides animal control services to a city may be equipped with a red light and/or siren only if such vehicles are designated as "authorized emergency vehicles" by the secretary of transportation. The power to determine whether a vehicle meets the statutory and regulatory requirements for "authorized emergency vehicle" status rests with the secretary of transportation. Cited herein: K.S.A. 8-1404, 8-2010, 60-2101; K.A.R. 1981 Supp. 36-2-4, 36-2-9.
Author: Robert T. Stephan
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The waiver by the city council of construction-related fees due a city from a church constitutes a gift of public funds for a private purpose and is, therefore, improper.
Author: Robert T. Stephan
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K.S.A. 19-723, which authorizes the board of county commissioners to employ an additional attorney to assist the county attorney, involves a discretionary power held by the board and does not mandate such special assistant be employed. Cited herein: K.S.A. 19-723, G.S. 1949, 19-718.
Author: Robert T. Stephan
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Unlike Kansas cities and counties which exercise constitutional or statutory "home rule" powers, school districts are creatures of statute and, as such, enjoy only those powers expressly conferred, by law, together with those implied powers which are necessary for the effective exercise and discharge of the powers and duties expressly conferred. No statutory authority exists, either expressly conferred or necessarily implied, authorizing the expenditure of school districts funds to contribute to a lobbying effort on a proposed state-wide severance tax. Cited herein: K.S.A. 1980 Supp. 19-101a, K.S.A. 19-101c, 72-1612, 72-1623, 72-5326, 72-8205, Kan. Const., Art. 12, section 5.
Author: Robert T. Stephan
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The terms defined in K.S.A. 1981 Supp. 77-415(4) (as amended by section 1 of 1982 House Bill No. 2712) have the meanings ascribed thereto only when such terms are used in the Rules and Regulations Filing Act (K.S.A. 1981 Supp. 77-415 e̲t̲ s̲e̲q̲., and amendments thereto), except where it is clear that the use of such terms in other statutes is intended by the legislature to convey such meanings. Thus, plans, bulletins, policy manuals and other documents issued by state agencies are not rules and regulations under the filing act, unless they meet the definitional criteria of "rule and regulation" in K.S.A. 1981 Supp. 77-415(4) (as amended). However, unless otherwise specifically provided by statute, such plans, bulletins, policy manuals and other documents which satisfy these definitional criteria do not have the force and effect of law, unless they are promulgated as rules and regulations pursuant to the filing act and filed with the Office of the Revisor of Statutes. Unless altered by legislative enactment, the procedure prescribed in the filing act for legislative oversight and review of rules and regulations may not be extended so as to include plans, bulletins, policy manuals and other documents of state agencies which have not been promulgated in compliance with the filing act. Cited herein: K.S.A. 46-1201, 46-1206, K.S.A. 1981 Supp. 72-961, K.S.A. 1981 Supp. 77-415, 77-416, 77-420 and 77-421 (as amended by sections 1,2,3 and 4, respectively, of 1982 House Bill No. 2712), K.S.A. 77-425, K.S.A. 1981 Supp. 77-426 (as amended by section 7 of 1982 House Bill No. 2712), 77-436; 1982 House Bill Nos. 2724 and 3151.
