Same; election procedure; notice of election

12-138. Same; election procedure; notice of election. Any city election called under the provisions of this act shall be called within 30 days and held within 90 days after the filing of a petition demanding such election, or after the publication of an ordinance authorizing a levy for which an election is called without petition. The governing body shall pass an ordinance calling the election and fixing the date, which ordinance shall be published once in the official city newspaper. The sufficiency of the number of signers of any petition filed under the provisions of this act shall be determined by the county election officer. Every election held under the provisions of this act shall be conducted by the county election officer. The county election officer shall publish a notice of such election once each week for two consecutive weeks in the official city newspaper, the first publication to be not less than 21 days prior to such election. The notice shall state the time of the election and the proposition which shall appear on the ballot. The proposition shall be: "Shall revenue ordinance No. ____, entitled (title of ordinance) take effect?" History: L. 1961, ch. 78, § 2; L. 1977, ch. 56, § 2; L. 1981, ch. 173, § 9; July 1. Law Review and Bar Journal References: "City Home Rule in Kansas," Wright W. Crummett, 9 W.L.J. 1, 12 (1969). "State Control of Local Government in Kansas: Special Legislation and Home Rule," Barkley Clark, 20 K.L.R. 631, 663 (1972). Initiative and referendum, 22 K.L.R. 654, 655 (1974). Judicial discrimination, insufficient to create constitutional issue; procedure for city-level referendums, 22 K.L.R. 643, 655 (1974). "Home Rule Power for Cities and Counties in Kansas," Michael R. Heim, 66 J.K.B.A. No. 1, 26 (1997). CASE ANNOTATIONS 1. Mentioned; where constitution and statutes empower cities to levy tax and are silent on manner of collection, cities may collect by civil action. Hampton v. City of Wichita, 192 Kan. 534, 535, 389 P.2d 757. 2. Cited in upholding authority of city to impose occupational tax. Callaway v. City of Overland Park, 211 Kan. 646, 652, 508 P.2d 902. 3. Procedure for imposition of sales tax under this section is alternative to K.S.A. 12-172. Clark v. City of Overland Park, 226 Kan. 609, 610, 612, 602 P.2d 1292. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026