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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...

Re: Subject: Joint written opinion — Interlocal Cooperation Act and Service Contract No. 2019-01

Henry - You have asked me to confirm that the City Attorney and County Counselor have been directed to prepare one joint written legal opinion and provide a date by which it will be issued. I cannot provide that confirmation because I am not requesting a joint opinion at this time. The City of Topeka and Shawnee County are separate governmental bodies, each represented by its own legal counsel. Although our interests can align and we cooperate through JEDO and other interlocal arrangements, the City Attorney represents the City and the County Counselor represents the County. Traditionally, the two offices independently evaluate the legal rights, responsibilities and interests of their respective clients rather than issuing a single joint legal opinion. I also cannot direct the County Counselor or commit the County to a particular legal process or deadline. The City’s position is that the interlocal agreement and Service Contract No. 2019-01 are lawful under Kansas law. The...

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...

City of Topeka Planning Commission — September 21, 2026

YouTube: Planning Commission Meeting September 21, 2026 (City of Topeka channel). Live from City Council Chambers. Five commissioners present. Minutes from August 17 approved 4–1–0 (one abstention). No declared conflicts. This was not a public hearing on a live application. The main discussion item was ACZR26/05 : draft zoning-code text amendments for data centers and energy storage systems . Staff presented a framework only. No vote on regulations. Cases that night were tentatively slated for governing-body review the following month. Agendas: topeka.gov / Topeka Speaks. Context staff laid out The City adopted a moratorium (Aug. 11) blocking acceptance, processing, or approval of data-center applications and city water/sewer connections (inside and outside city limits) so staff can study standards before any city application arrives. Compass Datacenters filed a conditional use permit with Shawnee County (July 24; later deemed complete). Site is south of Topeka (west of US...

Recent Topeka development activity (as of ~Sept 22, 2026) centers on Planning Commission discussion items (especially data centers), a new Community Development portal launch, ongoing 37th & Gage activity, multifamily projects, and limited new case filin

1. City news / Weekly Report (topeka.gov) Latest Weekly Report (9-21-2026) and related news highlight the new Community Development Portal (Tyler EP&L / EnerGov) launching the week of Sept 21. It supports online permit/license applications, document uploads, status tracking, and payments. New transaction/processing fees apply (e.g., vendor tech fee + percentage). Link: https://cityoftopekaks-energovweb.tylerhost.net/apps/selfservice#/home . Other notes: Land Bank lots transferred for affordable housing (map portal available); standard road/utility updates; no new major development project announcements in the report. Earlier reports referenced I-470 interchange planning near SE 29th/California and Topeka Blvd improvements (29th–37th). 2. Community Development / Tyler EP&L portal Public home page is live (login/register required for applications, invoice pay, inspections, etc.). No unauthenticated public search of recent applications/permits/valuations or open ca...