14-1050.   Same; resolution filed with city clerk; city ordinance;publication; protest petition; election.Whenever the board of directors of any cemetery association shall filein the office of the city clerk of a city a copy of the resolution adoptedunder the provisions of K.S.A. 14-1049 and which has been certified by thepresident and the secretary of such association as having been duly adoptedby the board of directors of such association and published and notprotested by petition as authorized in K.S.A. 14-1049, the governing bodyof such city may enact an ordinance accepting the transfer of the controland maintenance of the cemetery and cemetery lands and all of the property,assets, books and records of such cemetery association.

      Such ordinance shall be published in the official city paper once a weekfor two consecutive weeks and shall be in force and effect thirty (30) daysafter the date of the last publication unless before such date a petitionprotesting such ordinance is filed in the office of the city clerk of suchcity, signed by at least thirty percent (30%) of the qualified electors ofsuch city determined on the basis of the total vote cast for secretary ofstate in such city at the last preceding general election.

      If such a petition is filed, then the governing body of such city shallsubmit the proposition of the enactment of such ordinance to the electorsof such city at a regular city election or special election called for thatpurpose and, if a majority of those voting on the proposition shall vote infavor thereof then said ordinance shall become effective.

      History:   L. 1951, ch. 216, § 4; March 3.