Re: Subject: Joint written opinion — Interlocal Cooperation Act and Service Contract No. 2019-01
Subject: Re: Joint written opinion — Interlocal Cooperation Act and Service Contract No. 2019-01 Mayor Duncan: Thank you for the written response. I accept that you will not direct a joint City–County opinion and that you cannot bind the County Counselor. I also accept the citations: Jayhawk Racing Properties, LLC v. City of Topeka , 313 Kan. 149 (2021), and City of Olathe v. City of Spring Hill , 316 Kan. 64 (2022). Those cases distinguish governmental policy from proprietary obligation. They do not authorize spending a special-purpose tax off the ballot. The question I put to you is narrower than whether the interlocal and Contract No. 2019-01 exist on paper. It is whether half-cent money may pay grants, contributions, sponsorships, scholarships, meals, and banquet tables the 2014 ballot did not name. K.S.A. 12-187(g) put the purpose on the ballot. AG Opinion 2001-014 and AG Opinion 2017-015 — the second written to this City on this tax — confine that money to the use th...