Attorney General Opinion No. 1981-213 PDF Download
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Author: Robert T. Stephan
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K.S.A. 12-503a provides alternative methods by which a township, improvement district or governmental unit may provide services to territory which has been annexed by a city. After such action by a city, the former units may continue to provide services for the current year or, if taxes have already been levied or collected, for the succeeding year. Alternatively, taxes so collected may be surrendered to the annexing city for use in providing such services. As a fire district established pursuant to K.S.A. 19-3601 e̲t̲ s̲e̲q̲. is a governmental unit included within the scope of K.S.A. 12-503a, that portion of Attorney General Opinion No. 80-146 in conflict with this conclusion is hereby modified. Cited herein: K.S.A. 12-503a, 12-520b, 12-6a01, 19-3604, K.S.A. 1980 Supp. 19-3616.
Author: Robert T. Stephan
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K.S.A. 12-503a provides alternative methods by which a township, improvement district or governmental unit may provide services to territory which has been annexed by a city. After such action by a city, the former units may continue to provide services for the current year or, if taxes have already been levied or collected, for the succeeding year. Alternatively, taxes so collected may be surrendered to the annexing city for use in providing such services. As a fire district established pursuant to K.S.A. 19-3601 e̲t̲ s̲e̲q̲. is a governmental unit included within the scope of K.S.A. 12-503a, that portion of Attorney General Opinion No. 80-146 in conflict with this conclusion is hereby modified. Cited herein: K.S.A. 12-503a, 12-520b, 12-6a01, 19-3604, K.S.A. 1980 Supp. 19-3616.
Author: Robert T. Stephan
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As amended by L. 1982, ch. 144, section 5, K.S.A. 1981 Supp. 8-1567 provides that a person convicted of a violation of the offense of operating a motor vehicle while under the influence of alcohol may be required to perform public or community service work as an alternative to incarceration or payment of a fine. In performing such work, a person receives no compensation, but rather fulfills a condition of his or her sentence from the district or municipal court. Accordingly, such a person is not a workman, employee or worker, as those terms are defined by K.S.A. 44-508(b) of the Workmen's Compensation Act, and is therefore not covered by the terms of the Act. Cited herein: K.S.A. 1981 Supp. 8-1567 (as amended by L. 1982, ch. 144, section 5), K.S.A. 44-508, K.S.A. 1981 Supp. 75-6102.
Author: Robert T. Stephan
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Due to the provisions of K.S.A. 1981 Supp. 79-213, the State Board of Tax Appeals is the appropriate agency to determine which property is exempt from property taxation. Cited herein: K.S.A. 1981 Supp. 79-213, L. 1982, ch. 390, sections 3, 4.
Author: Robert T. Stephan
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Bonds issued for the purpose of paying the costs of constructing a long-term care facility pursuant to K.S.A. 1980 Supp. 19-1815e, as amended by section 1 of 1981 Senate Bill No. 213, are not subject to the bonded debt limits contained in K.S.A. 1980 Supp. 19-1869. Cited herein: K.S.A. 1980 Supp. 19-1801, K.S.A. 19-1815, K.S.A. 1980 Supp. 19-1815e (as amended by L. 1981, ch. 118, section 1), 19-1869.
Author: Robert T. Stephan
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Section 2(a) of Ordinance No. 957 of the city of Osage City, which section requires, as a precondition to the location of a single wide mobile home within the city limits, the "consent of all ascertainable property owners within 300 feet of the property," constitutes an unlawful delegation of legislative power, and violates the due process clause of the Fourteenth Amendment to the Federal Constitution. Cited herein: K.S.A. 75-1218; U.S. Const., 14th Amend.
Author: Robert T. Stephan
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The provisions of the Kansas Open Meetings Law preclude the election of the acting president of the City Council of Merriam by secret ballot. Cited herein: K.S.A. 1980 Supp. 75-4318.
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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In order to identify the owner and property involved, a rezoning protest petition, filed pursuant to K.S.A. 12-708, should contain, on its face, the proper name in which title to the property is held, the address of the property, and the name of any person signing on behalf of a corporation, partnership or other organization. Additionally, the petition should contain some indication of the capacity or authority of a person signing on behalf of a corporation, partnership, or other organization. Each separate signature on a rezoning protest petition, filed pursuant to K.S.A. 12-708, need not be acknowledged in the form required for the acknowledgment of deeds, so long as there is a sufficient acknowledgment by one of the signers. Cited herein: K.S.A. 12-708.
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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The statutory requirements for the execution of deeds and other instruments for the conveyance of a corporation's real property or an interest therein are prescribed by K.S.A. 17-6003(g). As long as there is compliance with such requirements, provisions in the corporation's bylaws requiring execution of such instruments by officers of the corporation in addition to those specified in said statute are permissible. However, failure to comply with these bylaw requirements does not, as a general rule, affect the validity of a conveyance made in compliance with the statutory requirements. Cited herein: K.S.A. 17-6003, K.S.A. 1980 Supp. 17-6009, G.S. 1868, ch. 23, section 38.
