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02-5851 Call Electionf7�Y��i11�1 � ��� `►iii : 51:Z�y��:l.�i A RESOLUTION CALLING A SPECIAL ELECTION SUBMITTING TO THE VOTE OF THE ELECTORS OF THE CITY OF SALINA, KANSAS, IN ACCORDANCE WITH THE INITIATIVE AND REFERENDUM STATUTE (K.S.A. 12-3013), AN ORDINANCE REPEALING ORDINANCE NUMBER 02-10077 REGULATING SMOKING IN RESTAURANTS. WHEREAS, on May 6, 2002, the Governing Body adopted on second reading Or inance Number 02-10077 regulating smoking in restaurants (the "Restaurant Smoking Ordinana") to be effective 60 days after publication; and WHEREAS, on June 17, 2002, the Governing Body adopted on second ea ling Ordinance Number 02-10085 amending the Restaurant Smoking Ordinance to be ective commencing August 12, 2002; unless, however, (a) a special election is called no later th July 8, 2002, to be held in conjunction with the August 6, 2002, primary election, fo voter consideration of an ordinance repealing the Restaurant Smoking Ordinance and (b) the voters defeat the repealing ordinance; under which circumstances the Restaurant Smoking Or 'nance shall instead be effective commencing September 9, 2002; and WHEREAS, On July 3, 2002, the Saline County Election Officer certified that a pletition submitted pursuant to the initiative and referendum statute (K.S.A. 12-3013) containing a quest that the Governing Body adopt an ordinance repealing the Restaurant Smoking Ordinan a was signed by the required number of electors qualified to sign; and WHEREAS, for the reasons that (a) on this 8th day of July, 2002, a motion to aper ve on first reading the ordinance set forth in the petition failed and (b) a regular city election will of be held within 90 days, the Governing Body is required by K.S.A. 12-3013 to forthwith call a special city election and at such election submit the ordinance, without alteration, to the ote of the electors of the city; SO NOW THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Salina, Kansas: Section 1. In accordance with K.S.A. 12-3013, the governing body submits the to the vote of the electors of the city at the general election to be held November 5, 2002, the foll wing question: Shall the following be adopted? AN ORDINANCE REPEALING REGULATON OF SMOKING IN REST. Section 2. If a majority of the electors of the city voting on the proposition a rove the proposed ordinance, Ordinance Number 02-10077 and Ordinance Number 02-10085 s 11 be repealed. Section 3. The City Clerk is directed to request that the County Election Office take all steps necessary to include the proposition set forth in Section 1 above on the ballotf r the November 5, 2002, general election. Section 4. This resolution shall be in full force and effect from and after its Adopted by the Board of Commissioners and signed by the Mayor this 15th ay of July, 2002. fstin M. Se ton, Mayor (SEAL) ATTEST: wau�d�qltJl Lieu Ann Nicola, City Clerk C—,,dO,dS ,, (Published in the Salina Journal October 18 & 25, 2002) RESOLUTION NUMBER 02-5851 A RESOLUTION CALLING A SPECIAL ELECTION SUBMITTING TO THE VOTE OF THE ELECTORS OF THE CITY OF SALINA, KANSAS, IN ACCORDANCE WITH THE INITIATIVE AND REFERENDUM STATUTE (K.S.A. 12-3013), AN ORDINANCE REPEALING ORDINANCE NUMBER 02-10077 REGULATING SMOKING IN RESTAURANTS. WHEREAS, on May 6, 2002, the Governing Body adopted on second reading Ordinance Number 02-10077 regulating smoking in restaurants (the "Restaurant Smoking Ordinance") to be effective 60 days after publication; and WHEREAS, on June 17, 2002, the Governing Body adopted on second reading Ordinance Number 02-10085 amending the Restaurant Smoking Ordinance to be effective commencing August 12, 2002; unless, however, (a) a special election is called no later than July 8, 2002, to be held in conjunction with the August 6, 2002, primary election, for voter consideration of an ordinance repealing the Restaurant Smoking Ordinance and (b) the voters defeat the repealing ordinance; under which circumstances the Restaurant Smoking Ordinance shall instead be effective commencing September 9, 2002; and WHEREAS, On July 3, 2002, the Saline County Election Officer certified that a petition submitted pursuant to the initiative and referendum statute (K.S.A. 12-3013) containing a request that the Governing Body adopt an ordinance repealing the Restaurant Smoking Ordinance was signed by the required number of electors qualified to sign; and WHEREAS, for the reasons that (a) on this 8th day of July, 2002, a motion to approve on first reading the ordinance set forth in the petition failed and (b) a regular city election will not be held within 90 days, the Governing Body is required by K.S.A. 12-3013 to forthwith call a special city election and at such election submit the ordinance, without alteration, to the vote of the electors of the city; SO NOW THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Salina, Kansas: Section 1. In accordance with K.S.A. 12-3013, the governing body submits the to the vote of the electors of the city at the general election to be held November 5, 2002, the following question: Shall the following be adopted? AN ORDINANCE REPEALING REGULATON OF SMOKING IN RESTAURANTS Section 2. If a majority of the electors of the city voting on the proposition approve the proposed ordinance, Ordinance Number 02-10077 and Ordinance Number 02-10085 shall be repealed. Section 3. The City Clerk is directed to request that the County Election Officer take all steps necessary to include the proposition set forth in Section 1 above on the ballot for the November 5, 2002, general election. Section 4. This resolution shall be in full force and effect from and after its adoption. July, 2002. Adopted by the Board of Commissioners and signed by the Mayor this 15th day of t4 istin M. Se ton, Mayor (SEAL) ATTEST: VVI &�7Lto� Lieu Ann Nicola, City Clerk (Published in the Salina Journal October 18 & 25, 2002) o�d;aasa, RESOLUTION NUMBER 02-5851 A RESOLUTION CALLING A SPECIAL ELECTION SUBMITTING TO THE VOTE OF THE ELECTORS OF THE CITY OF SALINA, KANSAS, IN ACCORDANCE WITH THE INITIATIVE AND REFERENDUM STATUTE (K.S.A. 12-3013), AN ORDINANCE REPEALING ORDINANCE NUMBER 02-10077 REGULATING SMOKING IN RESTAURANTS. WHEREAS, on May 6, 2002, the Governing Body adopted on second reading Ordinance Number 02-10077 regulating smoking in restaurants (the "Restaurant Smoking Ordinance") to be effective 60 days after publication; and WHEREAS, on June 17, 2002, the Governing Body adopted on second reading Ordinance Number 02-10085 amending the Restaurant Smoking Ordinance to be effective commencing August 12, 2002; unless, however, (a) a special election is called no later than July 8, 2002, to be held in conjunction with the August 6, 2002, primary election, for voter consideration of an ordinance repealing the Restaurant Smoking Ordinance and (b) the voters defeat the repealing ordinance; under which circumstances the Restaurant Smoking Ordinance shall instead be effective commencing September 9, 2002; and WHEREAS, On July 3, 2002, the Saline County Election Officer certified that a petition submitted pursuant to the initiative and referendum statute (K.S.A. 12-3013) containing a request that the Governing Body adopt an ordinance repealing the Restaurant Smoking Ordinance was signed by the required number of electors qualified to sign; and WHEREAS, for the reasons that (a) on this 8th day of July, 2002, a motion to approve on first reading the ordinance set forth in the petition failed and (b) a regular city election will not be held within 90 days, the Governing Body is required by K.S.A. 12-3013 to forthwith call a special city election and at such election submit the ordinance, without alteration, to the vote of the electors of the city; SO NOW THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Salina, Kansas: Section 1. In accordance with K.S.A. 12-3013, the governing body submits the to the vote of the electors of the city at the general election to be held November 5, 2002, the following question: Shall the following be adopted? AN ORDINANCE REPEALING REGULATON OF SMOKING IN RESTAURANTS Section 2. If a majority of the electors of the city voting on the proposition approve the proposed ordinance, Ordinance Number 02-10077 and Ordinance Number 02-10085 shall be repealed. Section 3. The City Clerk is directed to request that the County Election Officer take all steps necessary to include the proposition set forth in Section 1 above on the ballot for the November 5, 2002, general election. Section 4. This resolution shall be in full force and effect from and after its adoption. July, 2002. Adopted by the Board of Commissioners and signed by the Mayor this 15th day of Kristin M. Seaton, Mayor (SEAL) ATTEST: Lieu Ann Nicola, City Clerk Resolution No. 02-5851 is published to meet the requirement under K.S.A. 12-3013(d).