12-362.Same; studies, hearings and notice;
preliminary and final plan; election.
(a) The commission shall prepare and adopt a plan addressing
the unification
of the city and county or certain city and county offices, functions, services
and operations. The
commission shall conduct such studies and investigations as it deems
appropriate to complete its
work. Such studies and investigations shall include, but not be limited to,
studies of the costs and
benefits of unifying the city and county or certain city and county offices,
functions, services and
operations.
(b) The commission shall hold public hearings for the purpose of receiving
information and
materials which will aid in the drafting of the plan.
(c) Within one year following the appointment of all members of the
commission, the
commission shall prepare and adopt a preliminary plan addressing the
unification of the city and
county or certain city and county offices, functions, services and operations
it deems advisable.
Copies of the preliminary plan shall be filed with the county election officer, city clerk, each public
library within the county and any other place designated by the commission.
Copies of such plan
shall be available to members of the public for inspection upon request. The
commission shall hold
at least two public hearings to obtain citizen views concerning the preliminary
plan. Notice of such
hearings shall be published at least twice in a newspaper of general
circulation within the county.
Following the public hearings on the preliminary plan, the commission may
adopt, or modify and
adopt, the preliminary plan as the final plan.
(d) Within 30 days of the last public hearing held on the preliminary plan,
the commission
shall adopt its final plan. The final plan shall include the full text and an
explanation of the proposed
plan, and comments deemed desirable by the commission, a written opinion by an
attorney admitted
to practice law in the state of Kansas and retained by the executive director
for such purpose that the
proposed plan is not in conflict with the constitution or the laws of the
state, and any minority
reports. Copies of the final plan shall be filed with the county election
officer, city clerk, each public
library within the county and any other place designated by the commission.
Copies of such plan shall be available to members of the public for inspection
upon request. The commission shall
continue in existence at least 90 days following the submission of the final
plan pursuant to this
subsection.
(e) (1) The final plan shall be submitted to the qualified electors of the
county at any primary, general or special election. If the
statutorily mandated duties of an elective office
are to be eliminated or if the office is to be eliminated and the duties
transferred to a nonelective office, the question of elimination of such duties
or office shall be submitted to the voters as a separate ballot question. Such
election shall be called and held by the county
election officer in the
manner provided for the calling and
holding of elections pursuant to K.S.A. 10-120, and amendments thereto.
Such election may be conducted by
mail ballot. A
summary of the final plan shall be prepared by the commission and shall be
published once each
week for two consecutive weeks in a newspaper of general circulation within the
county. If a
majority of the qualified electors voting on the plan who reside within the
corporate limits of the city
and a majority of the qualified electors voting on the plan who reside outside
of the corporate limits
of the city vote in favor thereof, the unification plan shall be implemented in
the manner provided
by the plan. If a majority of the electors who reside within the corporate
limits of the city or a
majority of the qualified electors who reside outside of the corporate limits
of the city vote against
such plan, the proposed unification plan shall not be implemented.
(2) Any proposed unification which eliminates an
elective office shall provide that the
elimination of such office shall become effective upon the date of normal
expiration of the term of
such office.
(3) If the final plan provides for the unification of the city of Horace with
the county or the
unification or elimination of any of the offices or powers, duties and
functions of such offices of the
city of Horace and a majority of the qualified electors of the city of Horace
voting on the plan do not
vote in favor thereof, the city of Horace and officers thereof shall continue
in existence and operation
as if no unification had occurred.
(4) If the commission submits a final plan which does not recommend the
unification of the city and county or certain city and county offices,
functions, services and operations, the provisions of this subsection shall not
apply.
History: L. 2006, ch. 187, § 3;
L. 2007, ch. 1, § 1; Feb. 22.
12-362.Same; studies, hearings and notice;
preliminary and final plan; election.
(a) The commission shall prepare and adopt a plan addressing
the unification
of the city and county or certain city and county offices, functions, services
and operations. The
commission shall conduct such studies and investigations as it deems
appropriate to complete its
work. Such studies and investigations shall include, but not be limited to,
studies of the costs and
benefits of unifying the city and county or certain city and county offices,
functions, services and
operations.
(b) The commission shall hold public hearings for the purpose of receiving
information and
materials which will aid in the drafting of the plan.
(c) Within one year following the appointment of all members of the
commission, the
commission shall prepare and adopt a preliminary plan addressing the
unification of the city and
county or certain city and county offices, functions, services and operations
it deems advisable.
Copies of the preliminary plan shall be filed with the county election officer, city clerk, each public
library within the county and any other place designated by the commission.
Copies of such plan
shall be available to members of the public for inspection upon request. The
commission shall hold
at least two public hearings to obtain citizen views concerning the preliminary
plan. Notice of such
hearings shall be published at least twice in a newspaper of general
circulation within the county.
Following the public hearings on the preliminary plan, the commission may
adopt, or modify and
adopt, the preliminary plan as the final plan.
(d) Within 30 days of the last public hearing held on the preliminary plan,
the commission
shall adopt its final plan. The final plan shall include the full text and an
explanation of the proposed
plan, and comments deemed desirable by the commission, a written opinion by an
attorney admitted
to practice law in the state of Kansas and retained by the executive director
for such purpose that the
proposed plan is not in conflict with the constitution or the laws of the
state, and any minority
reports. Copies of the final plan shall be filed with the county election
officer, city clerk, each public
library within the county and any other place designated by the commission.
Copies of such plan shall be available to members of the public for inspection
upon request. The commission shall
continue in existence at least 90 days following the submission of the final
plan pursuant to this
subsection.
(e) (1) The final plan shall be submitted to the qualified electors of the
county at any primary, general or special election. If the
statutorily mandated duties of an elective office
are to be eliminated or if the office is to be eliminated and the duties
transferred to a nonelective office, the question of elimination of such duties
or office shall be submitted to the voters as a separate ballot question. Such
election shall be called and held by the county
election officer in the
manner provided for the calling and
holding of elections pursuant to K.S.A. 10-120, and amendments thereto.
Such election may be conducted by
mail ballot. A
summary of the final plan shall be prepared by the commission and shall be
published once each
week for two consecutive weeks in a newspaper of general circulation within the
county. If a
majority of the qualified electors voting on the plan who reside within the
corporate limits of the city
and a majority of the qualified electors voting on the plan who reside outside
of the corporate limits
of the city vote in favor thereof, the unification plan shall be implemented in
the manner provided
by the plan. If a majority of the electors who reside within the corporate
limits of the city or a
majority of the qualified electors who reside outside of the corporate limits
of the city vote against
such plan, the proposed unification plan shall not be implemented.
(2) Any proposed unification which eliminates an
elective office shall provide that the
elimination of such office shall become effective upon the date of normal
expiration of the term of
such office.
(3) If the final plan provides for the unification of the city of Horace with
the county or the
unification or elimination of any of the offices or powers, duties and
functions of such offices of the
city of Horace and a majority of the qualified electors of the city of Horace
voting on the plan do not
vote in favor thereof, the city of Horace and officers thereof shall continue
in existence and operation
as if no unification had occurred.
(4) If the commission submits a final plan which does not recommend the
unification of the city and county or certain city and county offices,
functions, services and operations, the provisions of this subsection shall not
apply.
History: L. 2006, ch. 187, § 3;
L. 2007, ch. 1, § 1; Feb. 22.
12-362.Same; studies, hearings and notice;
preliminary and final plan; election.
(a) The commission shall prepare and adopt a plan addressing
the unification
of the city and county or certain city and county offices, functions, services
and operations. The
commission shall conduct such studies and investigations as it deems
appropriate to complete its
work. Such studies and investigations shall include, but not be limited to,
studies of the costs and
benefits of unifying the city and county or certain city and county offices,
functions, services and
operations.
(b) The commission shall hold public hearings for the purpose of receiving
information and
materials which will aid in the drafting of the plan.
(c) Within one year following the appointment of all members of the
commission, the
commission shall prepare and adopt a preliminary plan addressing the
unification of the city and
county or certain city and county offices, functions, services and operations
it deems advisable.
Copies of the preliminary plan shall be filed with the county election officer, city clerk, each public
library within the county and any other place designated by the commission.
Copies of such plan
shall be available to members of the public for inspection upon request. The
commission shall hold
at least two public hearings to obtain citizen views concerning the preliminary
plan. Notice of such
hearings shall be published at least twice in a newspaper of general
circulation within the county.
Following the public hearings on the preliminary plan, the commission may
adopt, or modify and
adopt, the preliminary plan as the final plan.
(d) Within 30 days of the last public hearing held on the preliminary plan,
the commission
shall adopt its final plan. The final plan shall include the full text and an
explanation of the proposed
plan, and comments deemed desirable by the commission, a written opinion by an
attorney admitted
to practice law in the state of Kansas and retained by the executive director
for such purpose that the
proposed plan is not in conflict with the constitution or the laws of the
state, and any minority
reports. Copies of the final plan shall be filed with the county election
officer, city clerk, each public
library within the county and any other place designated by the commission.
Copies of such plan shall be available to members of the public for inspection
upon request. The commission shall
continue in existence at least 90 days following the submission of the final
plan pursuant to this
subsection.
(e) (1) The final plan shall be submitted to the qualified electors of the
county at any primary, general or special election. If the
statutorily mandated duties of an elective office
are to be eliminated or if the office is to be eliminated and the duties
transferred to a nonelective office, the question of elimination of such duties
or office shall be submitted to the voters as a separate ballot question. Such
election shall be called and held by the county
election officer in the
manner provided for the calling and
holding of elections pursuant to K.S.A. 10-120, and amendments thereto.
Such election may be conducted by
mail ballot. A
summary of the final plan shall be prepared by the commission and shall be
published once each
week for two consecutive weeks in a newspaper of general circulation within the
county. If a
majority of the qualified electors voting on the plan who reside within the
corporate limits of the city
and a majority of the qualified electors voting on the plan who reside outside
of the corporate limits
of the city vote in favor thereof, the unification plan shall be implemented in
the manner provided
by the plan. If a majority of the electors who reside within the corporate
limits of the city or a
majority of the qualified electors who reside outside of the corporate limits
of the city vote against
such plan, the proposed unification plan shall not be implemented.
(2) Any proposed unification which eliminates an
elective office shall provide that the
elimination of such office shall become effective upon the date of normal
expiration of the term of
such office.
(3) If the final plan provides for the unification of the city of Horace with
the county or the
unification or elimination of any of the offices or powers, duties and
functions of such offices of the
city of Horace and a majority of the qualified electors of the city of Horace
voting on the plan do not
vote in favor thereof, the city of Horace and officers thereof shall continue
in existence and operation
as if no unification had occurred.
(4) If the commission submits a final plan which does not recommend the
unification of the city and county or certain city and county offices,
functions, services and operations, the provisions of this subsection shall not
apply.
History: L. 2006, ch. 187, § 3;
L. 2007, ch. 1, § 1; Feb. 22.