Attorney General Opinion No. 1981-101 PDF Download
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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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Languages : en
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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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K.S.A. 1980 Supp. 19-101a authorizes counties to transact county business only. Hence, a county is without authority to require a blood test as a condition precedent to obtaining a state marriage license. Cited herein: K.S.A. 1980 Supp. 19-101a, 23-101, K.S.A. 23-301.
Author: Robert T. Stephan
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Because of the doctrine of incompatibility of offices, a council member of a city of the second class may not also hold the position of director on a city port authority board created pursuant to K.S.A. 1980 Supp. 12-3401 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 1980 Supp. 12-3401, K.S.A. 12-3403, 14-101, 14-1060.
Author: Robert T. Stephan
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K.S.A. 1980 Supp. 17-1330(a) provides that a cemetary district may be established by a board of county commissioners following the receipt of a petition signed by not less than 51% of the electors residing in the proposed district. However, as the statute contains provisions which render it non-uniformly applicable to all counties, a county may exercise its home rule powers, pursuant to K.S.A. 1980 Supp. 19-101a, and exempt itself from the operation of said statute through the enactment of a resolution, pursuant to K.S.A. 19-101b, establishing different procedures for the creation of such a district. Cited herein: K.S.A. 1980 Supp. 17-1330, 19-101a, K.S.A. 19-101b.
Author: Robert T. Stephan
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The deputy county clerk is not required by law to remain in the clerk's office at all times when the clerk is absent and may attend meetings with the clerk. The board of county commissioners has the authority to set office hours for the offices of elected county officials; however, the board may not set the working hours of the elected officials. Cited herein: K.S.A. 1980 Supp. 19-101a, K.S.A. 19-212, 19-302, 19-2601, K.S.A. 1980 Supp. 25-101, K.S.A. 25-702, K.S.A. 1980 Supp. 25-4301, K.S.A. 28-824, 60-1205, 75-714.
Author: Robert T. Stephan
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A county, through the exercise of its statutory home rule powers under K.S.A. 1980 Supp. 19-101a e̲t̲ s̲e̲q̲., may exempt itself, by charter resolution, from the aggregate tax levy limitation prescribed in K.S.A. 79-5001 e̲t̲ s̲e̲q̲. Accordingly, Section 1 of Linn County Charter Resolution No. 3 properly exempts that county from said limitations, to the extent of the total costs incurred by the county for law enforcement. However, the county may not establish as a separate and distinct fund that portion of the county's general fund tax levy attributable to such law enforcement costs, as was attempted in Section 2 of said charter resolution. Thus, said section is invalid and void, as a matter of law, but may be severed from the remainder of the resolution, since the invalid section is not so interconnected with the valid sections that the severance thereof would contravene the intent of the board of county commissioners. (Attorney General Opinion No. 77-272 affirmed herein.) Cited herein: K.S.A. 1980 Supp. 19-101a, 19-241, 79-1946; K.S.A. 79-5001.
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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Due to the differing provisions of K.S.A. 1980 Supp. 79-2017 and 79-2101, county attorneys of counties having a population of 100,000 or less have the continuing duty to pursue collection procedures on personal property tax judgments, regardless of the vintage of the same. In addition, while both K.S.A. 1980 Supp. 79-2017 and 79-2101 concern the same subject and reflect a nonuniform state position relative to the time at which efforts to collect delinquent personal property tax judgments may be allowed to cease, counties may not exercise their home rule powers, pursuant to K.S.A. 1980 Supp. 19-101a, to establish their own policy concerning that subject. Cited herein: K.S.A. 1980 Supp. 19-101a, 79-2017 and 79-2101.
Author: Robert T. Stephan
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Neither K.S.A. 1980 Supp. 19-1815e, as amended by L. 1981, ch. 118, section 1, nor K.S.A. 1980 Supp. 19-1878 authorizes the issuance of bonds for the purpose of making additions or enlargements to an existing medical clinic operated in connection with a county hospital. However, pursuant to K.S.A. 19-15,114, a board of county commissioners may issue bonds for the making of an addition or enlargement to an existing medical clinic. Cited herein: K.S.A. 1980 Supp. 10-306, 10-307, 19-101a, K.S.A. 19-101b, K.S.A. 19-15,114, K.S.A. 1980 Supp. 19-15,116, 19-1801, 19-1815e (as amended by L. 1981; ch. 118, section 1), 19-1878, K.S.A. 19-18,117.
Author: Robert T. Stephan
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A Board of County Commissioners may adopt an administrative Personnel Policies and Procedures Manual pursuant to the general authority granted such board by K.S.A. 19-212, S̲i̲x̲t̲h̲. Such adoption may be made effective without publication of the manual in the official paper. Cited herein: K.S.A. 12-3007, 19-101, f̲o̲u̲r̲t̲h̲, K.S.A. 1980 Supp. 19-101a, K.S.A. 19-103, K.S.A. 19-212, S̲i̲x̲t̲h̲.
