12-1037.   Certain commission-plan cities of second class over 13,500;adoption of manager-plan and election of five commissioners; terms.Cities of the second class in excess of thirteen thousand five hundred(13,500) population having the commission plan of government wherein thequestion of adopting the city-manager plan of government is to be submittedshall elect three (3) commissioners as now provided by law for cities ofthe second class in excess of eight thousand (8,000) population, exceptthat such city shall elect five (5) commissioners as hereinafter providedif the question of electing five (5) commissioners be submitted pursuant toK.S.A. 12-184 to the qualified electors of the city at the same election.

      The proposition of electing five (5) commissioners shall be statedsubstantially as follows as a separate proposition on the ballot:

      "Shall the city of ______________ elect five commissioners to constitutethe governing body of the city in the event that the city shall adopt thecity-manager plan?"

      In the event a majority of electors voting on such proposition votein favor thereof, five (5) commissioners shall be elected as hereinafterprovided, but if a majority of such electors shall vote against suchproposition, the city shall thereafter elect three (3) commissioners asprovided by K.S.A. 12-1005b. In the event such city shall adopt thecity-manager plan of government and a majority of the qualified electorsshall have voted in favor of the election of five (5) commissioners, thefive (5) commissioners shall be elected as follows: If the city-managerplan is adopted in sufficient time prior to the regular city election,otherwise required to be held in an even-numbered year, the five (5)commissioners shall be elected for terms of one year each and their termsshall expire when their successors shall have been elected and qualifiedfollowing the regular city election held the succeeding odd year.Thereafter and in the event the city-manager plan shall have been adoptedsufficiently prior to the regular city election otherwise required to beheld in any odd year, two (2) of the said commissioners shall be electedfor terms of four (4) years and until their successors shall have beenelected and qualified, and three (3) of the said commissioners shall beelected for terms of two (2) years and until their successors shall havebeen elected and qualified.

      At each regular city election held each odd year thereafter, three(3) commissioners shall be elected. The two (2) commissioners receivingthe greatest number of votes respectively shall serve terms of four (4)years, and until their successors shall have been elected and qualified,and the one commissioner receiving the least number of votes of the three(3) elected shall serve for a term of two (2) years, and until a successorshall have been elected and qualified. In the event any city herein shallbecome a city of the first class after adopting the city-manager plan ofgovernment and shall have elected five (5) commissioners, such city shallcontinue to elect five (5) commissioners in the manner hereinbeforeprovided.

      History:   L. 1949, ch. 182, § 1; L. 1976, ch. 76, § 10; July 1.