AGO 1989-068.

• Case Date: June 06, 1989
• Court: Kansas

Kansas Attorney General Opinions 1989. AGO 1989-068. June 6, 1989ATTORNEY GENERAL OPINION NO. 89-68Charles E. Wetzler City Attorney 7700 Mission Road Prairie Village, Kansas 66208 Re: Cities and Municipalities--Ordinances of Cities; Initiative and Referendum Ordinances--Petition for Proposed Ordinance; Requirements Constitution of the State of Kansas--Finance and Taxation--System of Taxation; Classification; Exemption Synopsis: A proposed ordinance submitted under the provisions of K.S.A. 12-3013 provides for the imposition of a "special park development fee upon all real estate upon which there is proposed to be constructed any structure for multi-family or single family residential purposes equal to 10% of the fair market value of the real estate proposed to be so utilized." In our opinion, the proposed ordinance would violate Article 11, Section 1 of the Kansas Constitution, and, therefore, need not be voted on by the council or submitted to a referendum under the authority of K.S.A. 12-3013. Cited herein: K.S.A. 12-3013; Kan. Const., Art. 11, § 1. * * * Dear Mr. Wetzler: You request our opinion as to whether a proposed ordinance, attached hereto as Exhibit "A", must be voted on by the Prairie Village city council, or submitted to a city referendum, in accordance with the provisions of K.S.A. 12-3013. The ordinance would impose "a special park development fee upon all real estate upon which there is proposed to be constructed any structure for multi-family or single family residential purposes equal to 10% of the fair market value of the real estate proposed to be utilized." Monies raised by the imposition of such fee would be placed in a fund to be used solely for the purpose of acquiring and/or developing real estate for park purposes. The Kansas Supreme Court has held that a city will not be forced to place on an election ballot an unconstitutional initiative ordinance. State v. Paulsen, 204 Kan. 857 (1970). In this regard, it is necessary to determine whether the park development fee imposed by the proposed ordinance is in harmony with the provisions of Article 11, Section 1 of the Kansas Constitution. Article 11, Section 1 requires a uniform and equal basis of valuation and rate of taxation of all property subject to taxation, subject to classification and exemption as prescribed therein. Under...