CHAPTER 128 HOUSE BILL No. 2759* An Act concerning city elections; relating to qualified elector. Be it enacted by the Legislature of the State of Kansas:

Section 1. (a) When used in this section:

(1) ``City'' means any city which has adopted an ordinance which pro-
vides for the enforcement of a building code outside the corporate limits
of such city as authorized by K.S.A. 12-751, and amendments thereto.

(2) ``Ordinance'' means an ordinance adopted by a city which pro-
vides for the enforcement of a building code outside the corporate limits
of a city as authorized by K.S.A. 12-751, and amendments thereto.

(3) ``Qualified elector'' means any registered voter required to comply
with an ordinance, who resides within the unincorporated 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
shall certify to the county election officer a legal description and a map
of the area outside the corporate limits of the city governed by the pro-
visions of such ordinance and the street addresses of all real estate located
therein.

(c) Within 90 days after the effective date of this act or within 90 days
after a city has adopted an ordinance, a petition signed by at least 20%
of the qualified electors protesting the enforcement of such ordinance
outside the corporate limits of the city may be submitted to the county
election officer. If a sufficient petition is filed, the county election officer
shall notify the board of county commissioners of the county in which
such city is located. Unless the governing body of the city modifies the
ordinance to remove the provision from the ordinance relating to the
enforcement of such building code outside the corporate limits of the
city, the board of county commissioners shall submit the proposition of
modifying the ordinance to remove the provisions from the ordinance
relating to enforcement of such building code outside the corporate limits
of the city. Such resolution shall be submitted to the qualified electors at
the next regular primary or general county election. Such election shall
be called and held in the manner provided by the general bond law. The
county election officer shall certify the results of such election to the
governing body of the city. If a majority of the qualified electors voting
on the question vote in favor thereof, the governing body of the city shall
modify such ordinance to remove the provisions from the ordinance re-
lating to the enforcement of such building code outside the corporate
limits of the city. Such ordinance shall be adopted within 30 days following
the canvass of such election. Such ordinance shall be adopted in the man-
ner provided by K.S.A. 12-3001, and amendments thereto.

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

Sec. 2. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved April 23, 1998

Published in the Kansas Registers April 30, 1998

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