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2001 Kansas Attorney General Reports and Opinions 1 (2001)

handle is hein.sag/sagks0033 and id is 1 raw text is: January 11, 2001 ATTORNEY GENERAL OPINION NO. 2001-1 John L. Vratil, Legal Counsel Unified School District No. 229 Suite 150, Building 40 9401 Indian Creek Parkway Overland Park, Kansas 66210 Re: Cities and Municipalities--Public Recreation and Playgrounds-- Recreation Commission; Powers of Recreation Commission; Annual Budget; General Fund Budget; Capital Improvement Fund; Acquisition of Real Property Synopsis: Levying a tax to make provision for a capital improvement fund established pursuant to K.S.A. 1999 Supp. 12-1935 requires voter approval. There is no other requirement in K.S.A. 1999 Supp. 12-1935 that voter approval be obtained prior to the Blue Valley Recreation Commission (Blue Valley) expending monies in its capital improvement fund to purGhase real property or make other capital improvements designated in the statute. While Blue Valley is not required to obtain voter approval prior to allocating the monies in its capital improvement fund when the monies are spent for those purposes authorized in K.S.A. 1999 Supp. 12- 1935, Blue Valley is required to obtain the approval of the Board of Education for Unified School District No. 229 prior to purchasing any real property. Blue Valley may not establish or use a fund other than its capital improvement fund for the purchase of real property or payment for capital improvement projects listed in K.S.A. 1999 Supp. 12-1935. Cited herein: K.S.A. 1999 Supp. 10-1101; K.S.A. 12-1922; K.S.A. 1999 Supp. 12-1927; 12-1928; 12-1935; K.S.A. 79-2925; 79-2927; 79-2934; 79-2937; Kan. Const., Art. 11, § 5; L. 1994, Ch. 150, §§ 3, 4. Dear Mr. Vratil: As legal counsel for Unified School District No. 229, you request our opinion regarding the authority of, and procedure for, a recreation commission to

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