12-4902.   Establishment of home; acquisition of existing home;ordinance; protest; election; revenue bonds, limitation.The governing body of any such city may establish a home for the agedand acquire a site for and construct and equip a building or buildings andappurtenances for such purpose or may acquire by giftor purchase an existing adult care home to be used as a home for theaged. No such home shall be established or acquired if it would causea duplication of any similar facility then located within such municipalityunless the governing body finds, upon sufficient evidence, that suchexisting facility is inadequate to meet the needs of the residents of suchcity and the proposed home or home to be acquired would notsubstantially compete therewith. Such home for the aged shall beestablished or acquired by ordinance and such ordinance shall not takeeffect until 60 days after it is published in the official city paper. Ifwithin 60 days a petition signed by a number of electors of the city equalto not less than 5% of the number of electors who voted at the lastpreceding regular city election shall be filed in theoffice of the clerk of such city demanding that such ordinance be submittedto a vote of the electors it shall not take effect until submitted to areferendum and approved by a majority of the electors voting thereon. Suchelection shall be called, noticed, and the proposition stated on the ballotin like manner as charter ordinances are required to be submitted to a voteof the electors under the provisions of subsection (3) of section 5 ofarticle 12 of the constitution of the state of Kansas, and theordinance, if approved by the electors, shall take effect in like manner ascharter ordinances under the subsection (3).

      The ordinance establishing the home for the aged shall statethe total estimated cost, if any, and the amount of revenue bonds, ifany, that are to be issued to pay the cost of the acquisition of the sitefor, construction and equipment of the home for the aged or of theacquisition of an existing adult care home to be used as a home for theaged, and the total amount of such revenue bonds to be issued shall notexceed $2,000,000.

      History:   L. 1965, ch. 146, § 2; L. 1967, ch. 115, § 2; L. 1971,ch. 69, § 2; L. 1986, ch. 85, § 2; April 24.