Attorney General Opinion No. 1985-090

Attorney General Opinion No. 1985-090
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ISBN-10 : OCLC:853665218
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Book Synopsis Attorney General Opinion No. 1985-090 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-090 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The construction of a system of "bypass highways" is a valid exercise of Douglas County's power of local legislation or "home rule" as provided by K.S.A. 19-101 and K.S.A. 1984 Supp. 19-101a, as amended. The home rule resolution may authorize the necessary financing of the project, in part, through issuance of general obligation bonds of the county, as long as the issuance is subject to acts of the legislature prescribing a county's limit of indebtedness. K.S.A. 68-580 e̲t̲ s̲e̲q̲., which allows for the designation of "primary arterial highways" by a board of county commissioners, does not specifically address the proposed "bypass" but does provide procedures whereby the bypass project could be accomplished. However, K.S.A. 68-580 e̲t̲ s̲e̲q̲., does not prescribe the exclusive method for accomplishing such a project, and the existence of this alternative does not limit the county's authority under the home rule statutes. If the board of county commissioners decides to use home rule authority, the authorizing resolution may be enacted as an ordinary, rather than a charter, resolution. Cited herein: K.S.A. 1984 Supp. 10-306, as amended by L. 1985, ch. 62; K.S.A. 19-101; K.S.A. 1984 Supp. 19-101a, as amended by L. 1985, ch. 95; K.S.A. 19-101c; 68-580; 68-581; K.S.A. 1984 Supp. 68-584; L. 1981, ch. 173, section 74.


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