14-694.   Same; designation of boundaries; publication of ordinance; electionupon petition; attachment of territory; cost of election.The governing body of any city specified in K.S.A. 14-693 shall byordinance designate the boundaries of the area outside the city limitswhich it proposes to incorporate in the city for hospital purposes onlybut any such ordinance shall not take effect until at least 16 daysafter the last publication required herein.If a sufficientpetition is filed requesting an election as hereinafter provided,incorporation of the area shall not take effect until such election is heldand unless a majority of the qualified electors of the district vote infavor thereof.

      Such ordinance incorporating an area outside the city limits shall bepublished once each week for two consecutive weeks ina newspaper having generalcirculation in the areas to be included. If within 15 days after thelast publication of the ordinance, 10% of the qualifiedelectors residing in the area petition the county commissioners of thecounty wherein the greater portion of the land is located to call aspecial election upon the question of including such area, the county commissionersshall call a special election in sucharea outside the city limits proposed to be incorporated. Notice of suchelection shall be given by the county clerk of the county in which thegreater portion of the territory to be incorporated in the city islocated. In calling the election, the county commissioners shall begoverned by the provisions of the general election laws insofar as applicable.

      The governing body of any city of the second class located in acounty having a population of more than 10,000 and notmore than 13,000 and an assessed tangible valuationof more than $24,000,000 and less than $30,000,000 shall by ordinance designate theboundaries of the area outside the city limits which it proposes toincorporate in the city for hospital purposes only but any suchordinance shall not take effect until approved at an election as hereinafterprovided. The countycommissioners shall call a special election in such area outside the citylimits proposed to be incorporated. Notice of such election shall begiven by the county clerk of the county in which the greater portion ofthe territory to be incorporated in the city is located. In callingthe election, the county commissioners shall be governed by the provisions ofthe general election laws insofar as they are applicable. The electionshall be held in accordance with the provisions of this section.

      The board of county commissioners of the county in which the greaterportion of the territory to be incorporated is located shall appoint thejudges and clerks of the election and shall provide separate boards andseparate ballots for any territory located in another county. Such countycommissioners shall canvass the vote cast in such territory located inanother county and shall keep a separate record of the results thereof.The proposition submitted shall be:

"Shall the city of 

(here insert name of city)

be permitted to incorporate the following described area:

_____________________ into its hospital district?"

If a majority of the qualified electors of the district vote in favorthereof, such territory shall be attached to the city for hospitalpurposes in accordance with the provisions of this act. No township or partof a township located in a county other thanthe county in which the hospital is located shall be incorporated in thecity for hospital purposes unless a majority of all those voting insuch township or part of a township at such election shall have voted infavor of the incorporation. If a majority of those voting in suchtownship or part of a township located in such other county vote againstthe proposition, such results shall notprevent the incorporation of the remaining territory if the majority ofthe votes cast therein favor the incorporation of such territory. Thecost of such election shall be reimbursed to the counties by thegoverning body of the city proposing to create such hospital district.

      History:   L. 1949, ch. 166, § 2; L. 1974, ch. 87, § 2; L. 1981,ch. 173, § 48; July 1.