12-3013.Petition for proposed ordinance; requirements; passage or election;
form of ballot; approval, effect; amendment or repeal; publication.
(a) Except as provided in subsection (e), a proposed ordinance may be submitted
to the governing body of any city accompanied by a
petition as provided by this section. Such petition shall be signed by electors
equal in number to at least 25% in cities of the first class, and 40% in
cities of the second and third class, of the electors who voted at the
last preceding regular city election as shown by the poll books and shall
contain a request that the governing body pass the ordinance or
submit the same to a vote of the electors. Such ordinance and petition shall
be filed with the city clerk.
The signatures on the petition need not all be appended to one
paper, but each signer shall include the signer's
place of residence, giving the street and number (if there are street
numbers). One person signing each
paper shall make oath
before an officer competent to administer oaths that such person believes
the statements therein and that each signature to
the paper appended is the genuine signature of the person whose name it
purports to be. If the petition accompanying the proposed ordinance is
signed by the required number of electors qualified to sign, the
governing body shall either (a) pass such ordinance without alteration
within 20 days after attachment of the clerk's certificate to
the accompanying petition; or (b) if not passed within 20
days, forthwith call a special election, unless a regular city election
is to be held within 90 days thereafter, and at such special or
regular city election
submit the ordinance,
without alteration, to the vote of the electors of the city.
(b) The ballots used when voting upon the ordinance shall
set forth the
proposed ordinance in full or submit the proposed ordinance by title
generally descriptive of the contents thereof. Each proposed ordinance
set forth in full or submitted by title generally descriptive of the
contents thereof shall be preceded by the words, "Shall the following be
adopted?" If there is more than one proposed ordinance to be voted
upon, the different proposed ordinances shall be separately numbered and
printed, and the ballots shall conform to the requirements of
K.S.A. 25-605 and amendments thereto.
(c) If a majority of the qualified electors voting on the proposed
ordinance votes in favor thereof, such ordinance shall thereupon become
a valid and binding ordinance of the city. Any ordinance proposed by
a petition as herein provided and passed by the governing body or
adopted by a vote of the electors, shall not be repealed or amended
except (1) by a vote of the electors, or (2) by the governing body, if the ordinance has
been in effect for 10 years from the date of publication, if
passed by the governing body, or from the date of the election, if adopted
by a vote of the electors. Any
number of proposed ordinances may be voted upon at the same election, in
accordance with the provisions of this section, but there shall not be
more than one special election in any period of six months for such
purpose. Mayors having veto power shall not veto any such ordinance, and
if passed by the council or commission the mayor shall sign the
ordinance.
(d) The governing body may submit a proposition for the repeal of any
such ordinance, or for amendments thereto, to be voted upon at any
succeeding regular city election. If such proposition so
submitted receives a majority of the votes cast thereon
at such election,
such ordinance shall thereby be repealed or amended accordingly.
Whenever any ordinance or proposition is required by this act to be
submitted to the electors of the city at any election, the city shall
cause such ordinance or proposition to be published once each week for two
consecutive weeks in the official
city paper. Such publication shall be not more than 20 or less
than five days before the election. Any ordinance heretofore passed
or made effective by election under the provisions of section 12-107 of
the General Statutes of 1949 shall continue in effect but may be amended
or repealed as herein provided.
(e) The provisions of this section shall not apply to:
(1) Administrative ordinances;
(2) ordinances relating to a public improvement to be paid wholly or in
part by the levy of special assessments; or
(3) ordinances subject to referendum or election under another statute.
History: L. 1959, ch. 64, § 13; L. 1979, ch. 57, § 1; L. 1981,
ch. 173, § 31; July 1.
12-3013.Petition for proposed ordinance; requirements; passage or election;
form of ballot; approval, effect; amendment or repeal; publication.
(a) Except as provided in subsection (e), a proposed ordinance may be submitted
to the governing body of any city accompanied by a
petition as provided by this section. Such petition shall be signed by electors
equal in number to at least 25% in cities of the first class, and 40% in
cities of the second and third class, of the electors who voted at the
last preceding regular city election as shown by the poll books and shall
contain a request that the governing body pass the ordinance or
submit the same to a vote of the electors. Such ordinance and petition shall
be filed with the city clerk.
The signatures on the petition need not all be appended to one
paper, but each signer shall include the signer's
place of residence, giving the street and number (if there are street
numbers). One person signing each
paper shall make oath
before an officer competent to administer oaths that such person believes
the statements therein and that each signature to
the paper appended is the genuine signature of the person whose name it
purports to be. If the petition accompanying the proposed ordinance is
signed by the required number of electors qualified to sign, the
governing body shall either (a) pass such ordinance without alteration
within 20 days after attachment of the clerk's certificate to
the accompanying petition; or (b) if not passed within 20
days, forthwith call a special election, unless a regular city election
is to be held within 90 days thereafter, and at such special or
regular city election
submit the ordinance,
without alteration, to the vote of the electors of the city.
(b) The ballots used when voting upon the ordinance shall
set forth the
proposed ordinance in full or submit the proposed ordinance by title
generally descriptive of the contents thereof. Each proposed ordinance
set forth in full or submitted by title generally descriptive of the
contents thereof shall be preceded by the words, "Shall the following be
adopted?" If there is more than one proposed ordinance to be voted
upon, the different proposed ordinances shall be separately numbered and
printed, and the ballots shall conform to the requirements of
K.S.A. 25-605 and amendments thereto.
(c) If a majority of the qualified electors voting on the proposed
ordinance votes in favor thereof, such ordinance shall thereupon become
a valid and binding ordinance of the city. Any ordinance proposed by
a petition as herein provided and passed by the governing body or
adopted by a vote of the electors, shall not be repealed or amended
except (1) by a vote of the electors, or (2) by the governing body, if the ordinance has
been in effect for 10 years from the date of publication, if
passed by the governing body, or from the date of the election, if adopted
by a vote of the electors. Any
number of proposed ordinances may be voted upon at the same election, in
accordance with the provisions of this section, but there shall not be
more than one special election in any period of six months for such
purpose. Mayors having veto power shall not veto any such ordinance, and
if passed by the council or commission the mayor shall sign the
ordinance.
(d) The governing body may submit a proposition for the repeal of any
such ordinance, or for amendments thereto, to be voted upon at any
succeeding regular city election. If such proposition so
submitted receives a majority of the votes cast thereon
at such election,
such ordinance shall thereby be repealed or amended accordingly.
Whenever any ordinance or proposition is required by this act to be
submitted to the electors of the city at any election, the city shall
cause such ordinance or proposition to be published once each week for two
consecutive weeks in the official
city paper. Such publication shall be not more than 20 or less
than five days before the election. Any ordinance heretofore passed
or made effective by election under the provisions of section 12-107 of
the General Statutes of 1949 shall continue in effect but may be amended
or repealed as herein provided.
(e) The provisions of this section shall not apply to:
(1) Administrative ordinances;
(2) ordinances relating to a public improvement to be paid wholly or in
part by the levy of special assessments; or
(3) ordinances subject to referendum or election under another statute.
History: L. 1959, ch. 64, § 13; L. 1979, ch. 57, § 1; L. 1981,
ch. 173, § 31; July 1.
12-3013.Petition for proposed ordinance; requirements; passage or election;
form of ballot; approval, effect; amendment or repeal; publication.
(a) Except as provided in subsection (e), a proposed ordinance may be submitted
to the governing body of any city accompanied by a
petition as provided by this section. Such petition shall be signed by electors
equal in number to at least 25% in cities of the first class, and 40% in
cities of the second and third class, of the electors who voted at the
last preceding regular city election as shown by the poll books and shall
contain a request that the governing body pass the ordinance or
submit the same to a vote of the electors. Such ordinance and petition shall
be filed with the city clerk.
The signatures on the petition need not all be appended to one
paper, but each signer shall include the signer's
place of residence, giving the street and number (if there are street
numbers). One person signing each
paper shall make oath
before an officer competent to administer oaths that such person believes
the statements therein and that each signature to
the paper appended is the genuine signature of the person whose name it
purports to be. If the petition accompanying the proposed ordinance is
signed by the required number of electors qualified to sign, the
governing body shall either (a) pass such ordinance without alteration
within 20 days after attachment of the clerk's certificate to
the accompanying petition; or (b) if not passed within 20
days, forthwith call a special election, unless a regular city election
is to be held within 90 days thereafter, and at such special or
regular city election
submit the ordinance,
without alteration, to the vote of the electors of the city.
(b) The ballots used when voting upon the ordinance shall
set forth the
proposed ordinance in full or submit the proposed ordinance by title
generally descriptive of the contents thereof. Each proposed ordinance
set forth in full or submitted by title generally descriptive of the
contents thereof shall be preceded by the words, "Shall the following be
adopted?" If there is more than one proposed ordinance to be voted
upon, the different proposed ordinances shall be separately numbered and
printed, and the ballots shall conform to the requirements of
K.S.A. 25-605 and amendments thereto.
(c) If a majority of the qualified electors voting on the proposed
ordinance votes in favor thereof, such ordinance shall thereupon become
a valid and binding ordinance of the city. Any ordinance proposed by
a petition as herein provided and passed by the governing body or
adopted by a vote of the electors, shall not be repealed or amended
except (1) by a vote of the electors, or (2) by the governing body, if the ordinance has
been in effect for 10 years from the date of publication, if
passed by the governing body, or from the date of the election, if adopted
by a vote of the electors. Any
number of proposed ordinances may be voted upon at the same election, in
accordance with the provisions of this section, but there shall not be
more than one special election in any period of six months for such
purpose. Mayors having veto power shall not veto any such ordinance, and
if passed by the council or commission the mayor shall sign the
ordinance.
(d) The governing body may submit a proposition for the repeal of any
such ordinance, or for amendments thereto, to be voted upon at any
succeeding regular city election. If such proposition so
submitted receives a majority of the votes cast thereon
at such election,
such ordinance shall thereby be repealed or amended accordingly.
Whenever any ordinance or proposition is required by this act to be
submitted to the electors of the city at any election, the city shall
cause such ordinance or proposition to be published once each week for two
consecutive weeks in the official
city paper. Such publication shall be not more than 20 or less
than five days before the election. Any ordinance heretofore passed
or made effective by election under the provisions of section 12-107 of
the General Statutes of 1949 shall continue in effect but may be amended
or repealed as herein provided.
(e) The provisions of this section shall not apply to:
(1) Administrative ordinances;
(2) ordinances relating to a public improvement to be paid wholly or in
part by the levy of special assessments; or
(3) ordinances subject to referendum or election under another statute.
History: L. 1959, ch. 64, § 13; L. 1979, ch. 57, § 1; L. 1981,
ch. 173, § 31; July 1.