Synopsis: K.S.A. 79-2988(b)’s use of the word “shall” is mandatory. K.S.A. 79-2988(b)(2) states a governing body seeking to exceed the revenue neutral rate shall notify the county clerk about the date, time, and location of the public hearing on or before July 20. Because the Sedan City Clerk notified the Chautauqua County Clerk of a new hearing date less than 10 days before September 2, 2025, this statutory requirement was not met. Thus, the county clerk lacked statutory authority to send out a second notice. But, in a situation where a public hearing is rescheduled and the governing body notifies the county clerk on or before July 20, nothing prevents the county clerk from sending out a notice with the new hearing date. Cited herein: K.S.A. 79-2988.
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