Subject: Joint written opinion — Interlocal Cooperation Act and Service Contract No. 2019-01
Mayor Duncan and Commissioner Cook: I have already stated my position on Service Contract No. 2019-01. This message is not a restatement of that demand. It is a request for the legal process that has to come next. The half-cent, the interlocal, and the services contract are not a City file, a County file, or a JEDO file. They are one arrangement created by two governments under Kansas law. I am asking that the City Attorney and the County Counselor produce one joint written opinion on that arrangement. The statutes that opinion should apply are: K.S.A. 12-2901 et seq. (Interlocal Cooperation Act), including 12-2904 and 12-2904a K.S.A. 12-187(g) and 12-192 (purpose of a countywide retailers’ sales tax) K.S.A. 10-1101 and 10-1119, as they apply to the City and the County as the municipalities that levy and transfer the tax The successor-governing-body rule stated in City of Olathe v. City of Spring Hill , 316 Kan. 64 (2022), and Jayhawk Racing Properties v. City of Top...