12-1038.   Abandonment of one form of city of second class city-managergovernment and adoption of another basic form; petition; ballots;elections; terms of members.Any city of the second class of the state of Kansas which shall haveoperated for four (4) years or more under the provisions of thecouncil-manager form of government may adopt the provisions of thecommission-manager form of government, or any city of the second classwhich shall have operated for four (4) years or more under the provisionsof the commission-manager form of government may adopt the provisions ofthe council-manager form of government, and shall thereafter be governed bythe provisions of law applicable to the cities of the basic form that isadopted, as hereinafter provided. A proposition to abandon the then typeof city-manager form of government and adopt another type of city-managerform of government must first be submitted, in the manner provided byK.S.A. 12-184, to the vote of the qualified electors of such city. Anypetition requesting submission of a proposition hereunder shall specify themanager form of government which the petitioners desire the city to adoptand if petitioners desire to elect five (5) commissioners to constitute thegoverning body of such city, the petition shall so state.

      The form of ballots used at said election shall be as follows:

      "Shall the city of ______________ abandon the (commission-manager)(council-manager) form of government and adopt the (council-manager)(commission-manager) form of government and become a city operating underthe general laws governing cities of like class?"

      If any petition requests an election upon the question of abandoning thecouncil-manager form of government and the adoption of thecommission-manager form of government and the election of a governing bodyof five (5) commissioners, the form of ballots used at said election shallbe as follows:

      "Shall the city of ______________ abandon the council-manager form ofgovernment and adopt the commission-manager form of government and electfive (5) commissioners to constitute the governing body of the city andbecome a city operating under the general laws governing cities of likeclass?"

      If a majority of the votes cast upon said proposition at said electionshall be in favor of changing the basic form of city-manager government,the said city shall become a city under the general law governing cities oflike population and form operating under such manager type of government.The officers constituting the governing board of such city shall hold theiroffices and act as the governing body of the city until the next generalcity election, and at the next general city election the basic form of citygoverning body specified in the proposition submitted shall be elected asprovided by laws relating to such basic city-manager form of government. Incities electing to adopt the commission-manager form of government andelect five (5) commissioners to constitute the governing body of the city,such commissioners shall at the next general city election and thereafterbe elected as follows: At the next regular city election following theadoption of the changed form of government, two (2) commissioners shall beelected for terms of four (4) years and until their successors shall havebeen elected and qualified, and three (3) commissioners shall be electedfor terms of two (2) years and until their successors have been elected andqualified.

      At each regular city election thereafter, three (3) commissioners shallbe elected. The two (2) commissioners receiving the greatest number ofvotes respectively shall serve terms of four (4) years and until theirsuccessors shall have been elected and qualified and the one commissionerreceiving the least number of votes of the three (3) elected shall servefor a term of two (2) years, and until a successor shall have been electedand qualified.

      History:   L. 1949, ch. 181, § 1; L. 1959, ch. 74, § 1; L. 1976, ch. 76, § 11; July 1.