12-3013.   Petition for proposed ordinance; requirements; passage or election;form of ballot; approval, effect; amendment or repeal; publication.(a) Except as provided in subsection (e), a proposed ordinance may be submittedto the governing body of any city accompanied by apetition as provided by this section. Such petition shall be signed by electorsequal in number to at least 25% in cities of the first class, and 40% incities of the second and third class, of the electors who voted at thelast preceding regular city election as shown by the poll books and shallcontain a request that the governing body pass the ordinance orsubmit the same to a vote of the electors. Such ordinance and petition shallbe filed with the city clerk.

      The signatures on the petition need not all be appended to onepaper, but each signer shall include the signer'splace of residence, giving the street and number (if there are streetnumbers). One person signing eachpaper shall make oathbefore an officer competent to administer oaths that such person believesthe statements therein and that each signature tothe paper appended is the genuine signature of the person whose name itpurports to be. If the petition accompanying the proposed ordinance issigned by the required number of electors qualified to sign, thegoverning body shall either (a) pass such ordinance without alterationwithin 20 days after attachment of the clerk's certificate tothe accompanying petition; or (b) if not passed within 20days, forthwith call a special election, unless a regular city electionis to be held within 90 days thereafter, and at such special orregular city electionsubmit the ordinance,without alteration, to the vote of the electors of the city.

      (b)   The ballots used when voting upon the ordinance shallset forth theproposed ordinance in full or submit the proposed ordinance by titlegenerally descriptive of the contents thereof. Each proposed ordinanceset forth in full or submitted by title generally descriptive of thecontents thereof shall be preceded by the words, "Shall the following beadopted?" If there is more than one proposed ordinance to be votedupon, the different proposed ordinances shall be separately numbered andprinted, and the ballots shall conform to the requirements ofK.S.A. 25-605 and amendments thereto.

      (c)   If a majority of the qualified electors voting on the proposedordinance votes in favor thereof, such ordinance shall thereupon becomea valid and binding ordinance of the city. Any ordinance proposed bya petition as herein provided and passed by the governing body oradopted by a vote of the electors, shall not be repealed or amendedexcept (1) by a vote of the electors, or (2) by the governing body, if the ordinance hasbeen in effect for 10 years from the date of publication, ifpassed by the governing body, or from the date of the election, if adoptedby a vote of the electors. Anynumber of proposed ordinances may be voted upon at the same election, inaccordance with the provisions of this section, but there shall not bemore than one special election in any period of six months for suchpurpose. Mayors having veto power shall not veto any such ordinance, andif passed by the council or commission the mayor shall sign theordinance.

      (d)   The governing body may submit a proposition for the repeal of anysuch ordinance, or for amendments thereto, to be voted upon at anysucceeding regular city election. If such proposition sosubmitted receives a majority of the votes cast thereonat such election,such ordinance shall thereby be repealed or amended accordingly.Whenever any ordinance or proposition is required by this act to besubmitted to the electors of the city at any election, the city shallcause such ordinance or proposition to be published once each week for twoconsecutive weeks in the officialcity paper. Such publication shall be not more than 20 or lessthan five days before the election. Any ordinance heretofore passedor made effective by election under the provisions of section 12-107 ofthe General Statutes of 1949 shall continue in effect but may be amendedor repealed as herein provided.

      (e)   The provisions of this section shall not apply to:

      (1)   Administrative ordinances;

      (2)   ordinances relating to a public improvement to be paid wholly or inpart by the levy of special assessments; or

      (3)   ordinances subject to referendum or election under another statute.

      History:   L. 1959, ch. 64, § 13; L. 1979, ch. 57, § 1; L. 1981,ch. 173, § 31; July 1.