Printable Format12-3013. 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.
Law Review and Bar Journal References:
"Legislation: Citizen Participation via Media Referendum," Mark A. Meyerdirk, 15 W.L.J. 120, 130 (1976).
"Survey of Kansas Law: Municipal Corporations," Richard H. Seaton, 27 K.L.R. 269, 276 (1979).
"'Be it Enacted by the People of the State of Kansas'—Is it Time for Kansas to Adopt Ballot Initiatives?" David E. Watson, 37 W.L.J. 383 (1998).
Attorney General's Opinions:
Applicability of city initiative and referendum ordinance to flood control. 81-252.
Applicability of initiative and referendum ordinance to sale of electric utility transmission system by city of third class. 82-94.
Applicability of initiative and referendum ordinances to placement of traffic control devices. 82-98.
Payment of expense claims by county commission. 83-4.
Applicability of initiative and referendum ordinance to municipal franchise. 83-153.
Petition for proposed city ordinance. 84-95.
Petitions; county-wide initiative; no constitutional or statutory basis. 84-100.
City ordinances; style of ordaining clause; petition; requirements. 89-61.
Petition for proposed ordinance; requirements; electors; determination of sufficiency of petition signatures. 91-67.
Petition for proposed city ordinance; requirements; passage or election. 91-123.
City initiative election on levying tax or other revenue measure. 92-103.
Change in form of city government and in number of wards; petitions; requirements; time of election. 92-136.
Requirements for petitions for city; petition for proposed initiative and referendum ordinances. 94-95.
Initiative and referendum statute may not be used to submit a charter ordinance to the electorate. 94-108.
Initiative and referendum ordinance; term limitations; insufficiency of petition. 94-119.
Initiative and referendum ordinances; restrictions on land use; cemeteries. 94-124.
Initiative and referendum ordinances; bid procedure for sale of city-owned property to highest bidder. 95-42.
Electors petition for proposed ordinance; requirements and procedure. 1999-59.
Proposed ordinance banning casino and prohibiting city services to casino is not proper subject for initiative and referendum. 2007-42.
CASE ANNOTATIONS
1. Cited in mandamus action; initiative ordinance to bar urban renewal activity would violate federal constitution's prohibition against impairment of contract. State, ex rel., v. Paulsen, 204 Kan. 857, 860, 465 P.2d 982.
2. Proposal to equalize firemen's salaries with policemen administrative; lack of permanence. City of Lawrence v. McArdle, 214 Kan. 862, 863, 866, 872, 522 P.2d 420.
3. City ordinance to implement issuance of industrial revenue bonds administrative in character; not subject to initiative and referendum. Rauh v. City of Hutchinson, 223 Kan. 514, 515, 516, 519, 522, 575 P.2d 517.
4. Ordinance establishing storm water utility system is administrative in nature precluding repeal by initiative processes. City of Wichita v. Kansas Taxpayers Network, Inc., 255 Kan. 534, 535, 539, 874 P.2d 667 (1994).
5. Proposed municipal ordinance is not a proper subject for initiative and referendum because of administrative nature. City of Wichita v. Fitzgerald, 22 Kan. App. 2d 428, 429, 916 P.2d 1301 (1996).
6. Administrative ordinance not subject to initiative and referendum; principles discussed whether ordinance administrative or legislative. McAlister v. City of Fairway, 289 Kan. 391, 212 P.3d 184 (2009).
7. Ordinance deemed null and void because the proposed ordinance was not filed with the clerk along with the petition. State ex rel. Schmidt v. City of Wichita, 303 Kan. 650, 668, 367 P.3d 282 (2016).