12-751a.   Same;election, when.(a) When used in this section:

      (1)   "City" means any city which has adopted an ordinance which provides forthe enforcement of a building code outside the corporate limits of suchcity as authorized by K.S.A. 12-751, and amendments thereto.

      (2)   "Ordinance" means an ordinance adopted by a city which provides for theenforcement of a building code outside the corporate limits of a city asauthorized by K.S.A. 12-751, andamendments thereto.

      (3)   "Qualified elector" means any registered voter required to comply withan ordinance, who resides within theunincorporated area lying within three miles of the corporate limits of a city.

      (b)   Within 30 days of the adoption of an ordinance, the city clerk shallcertify to the county election officer a legal description and a map of thearea outsidethe corporate limits of the city governed by the provisions of such ordinanceandthe street addresses of all realestate locatedtherein.

      (c)   Within 90 days after the effective date of this act or within 90 daysafter a city has adopted an ordinance, a petition signed byat least 20% of the qualified electors protesting the enforcement of suchordinance outside the corporate limits of the city may be submitted to thecounty election officer.If a sufficient petition is filed, the county election officer shall notify theboard of county commissioners of the county in which such city is located.Unless the governing body of the city modifies the ordinance to remove theprovision from the ordinance relating to the enforcement of such building codeoutside the corporate limits of the city, theboard of county commissioners shall submit the proposition ofmodifying the ordinance to remove the provisions from the ordinance relating toenforcement of such building code outside the corporate limits ofthe city. Such resolution shall be submitted to the qualified electors at thenext regular primary or general county election. Such election shall be calledandheld in the manner provided by the general bond law. The county electionofficer shall certify the results of such election to the governing body ofthe city. If a majority of thequalified electors voting on the question vote in favor thereof, the governingbody of the city shall modify such ordinance to remove the provisions from theordinance relating to the enforcement of such building code outsidethe corporate limits of the city. Such ordinance shall be adopted within 30days following the canvass of such election.Such ordinance shall be adopted in the manner provided by K.S.A. 12-3001, andamendments thereto.

      (d)   If an election is held pursuant to subsection (c) and a majority of thequalified electors vote in favor of removing the building code, the governingbody of the city shall not adopt any such ordinance for at least four yearsfollowing the date of the election held pursuant to subsection (c).

      History:   L. 1998, ch. 128, § 1; Apr. 30.