12-1038. Abandonment of one form of city of second class city-manager government and adoption of another basic form; petition; ballots; elections; terms of members.
12-1038
12-1038. Abandonment of one form of city of second class city-manager
government 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 have
operated for four (4) years or more under the provisions of the
council-manager form of government may adopt the provisions of the
commission-manager form of government, or any city of the second class
which shall have operated for four (4) years or more under the provisions
of the commission-manager form of government may adopt the provisions of
the council-manager form of government, and shall thereafter be governed by
the provisions of law applicable to the cities of the basic form that is
adopted, as hereinafter provided. A proposition to abandon the then type
of city-manager form of government and adopt another type of city-manager
form of government must first be submitted, in the manner provided by
K.S.A. 12-184, to the vote of the qualified electors of such city. Any
petition requesting submission of a proposition hereunder shall specify the
manager form of government which the petitioners desire the city to adopt
and if petitioners desire to elect five (5) commissioners to constitute the
governing 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 under
the general laws governing cities of like class?"
Yes | |;[ ] MNo | |;[ ]
If any petition requests an election upon the question of abandoning the
council-manager form of government and the adoption of the
commission-manager form of government and the election of a governing body
of five (5) commissioners, the form of ballots used at said election shall
be as follows:
"Shall the city of ______________ abandon the council-manager form of
government and adopt the commission-manager form of government and elect
five (5) commissioners to constitute the governing body of the city and
become a city operating under the general laws governing cities of like
class?"
Yes | |;[ ] No | |;[ ]
If a majority of the votes cast upon said proposition at said election
shall 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 of
like population and form operating under such manager type of government.
The officers constituting the governing board of such city shall hold their
offices and act as the governing body of the city until the next general
city election, and at the next general city election the basic form of city
governing body specified in the proposition submitted shall be elected as
provided by laws relating to such basic city-manager form of government. In
cities electing to adopt the commission-manager form of government and
elect five (5) commissioners to constitute the governing body of the city,
such commissioners shall at the next general city election and thereafter
be elected as follows: At the next regular city election following the
adoption of the changed form of government, two (2) commissioners shall be
elected for terms of four (4) years and until their successors shall have
been elected and qualified, and three (3) commissioners shall be elected
for terms of two (2) years and until their successors have been elected and
qualified.
At each regular city election thereafter, three (3) commissioners shall
be elected. The two (2) commissioners receiving the 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 successor shall have been elected
and qualified.
History: L. 1949, ch. 181, § 1; L. 1959, ch. 74, § 1; L. 1976, ch. 76, § 11; July 1.