12-352.   Same; commission, powers and duties; studiesand investigations; consolidation plan; voter approval.(a) The commission shall prepare and adopt a plan addressingtheconsolidation of the city and county or certain city and county offices,functions, services and operations. The commission shall conduct such studiesand investigationsasit deems appropriate to complete its work. Such studies and investigationsshall include, but not be limited to,studies of the costs and benefits of consolidating the city and countyor certain city and county offices, functions, services and operations.

      (b)   The commission shall hold public hearings for the purpose of receivinginformation and materials which will aid in the drafting of the plan.

      (c)   Within 60 days following the appointment of all members of thecommission, the commission shall prepare and adopt apreliminary plan addressing the consolidation of the city and county or certaincity and county offices, functions, services and operations it deemsadvisable. Copies of the preliminary plan shall be filed with the countyelection officer, city clerk, each public library within the county and anyother place designated by the commission. Copies of such planshall be available to members of the public for inspection upon request. Thecommission shall hold at least two public hearings to obtain citizen viewsconcerning the preliminary plan. Notice of such hearings shall bepublished atleast twice in a newspaper of general circulation within the county. Followingthe public hearings on thepreliminary plan, the commission may adopt, or modify and adopt, thepreliminary plan as the final plan.

      (d)   Within 30 days of the last public hearing held on the preliminary plan,the commission shall adopt its finalplan. The final plan shall include the fulltext and an explanation of the proposed plan, and comments deemed desirable bythe commission, a written opinion by an attorney admitted to practice law inthe state of Kansas and retained by the executive director for such purposethat the proposed plan is not in conflict with the constitution or thelaws of thestate, and any minority reports. Copies of the final plan shall be filed withthe county election officer, city clerk, each public library within thecounty and any other place designated by the commission. Copies of such planshall be available to members of the public for inspection uponrequest. The commission shall continue in existence at least 90 days followingthe submission of the final plan pursuant to this subsection.

      (e)   The final plan shall be submitted to the qualified electors of thecounty atan election called and held thereon. Such election shall becalled and held by the county election officer in the manner provided by thegeneral bond law. Such election shall be conducted by mail ballot. A summary ofthe final plan shall be prepared by thecommission and shall be published once each week for two consecutive weeks ina newspaper of general circulation within the county. If a majority of thequalified electors voting on the plan who reside within the corporate limits ofthe city and a majority of the qualified electors voting on the plan who resideoutside of thecorporate limits of the cityvote in favor thereof, the consolidation plan shall be implemented in themanner provided by the plan. If a majority of the electors who reside withinthe corporate limits of the city or a majority of the qualified electors whoreside outside of the corporate limits of the city vote againstsuch plan, the proposed consolidation plan shall not be implemented.

      If the commission submits a final plan which does not recommend theconsolidation of the city and county or certain city and county offices,functions, services and operations, the provisions of this subsection shall notapply.

      History:   L. 2005, ch. 166, § 3; Apr. 21.