Printable Format12-834. Bonds for gas, water, light, heat, street-railway or telephone service; election. Whenever and as often as a majority of the electors voting at an election heretofore held or hereafter called and held, in any city of the second or third class, shall vote in favor of the issuance of bonds of such city for the purpose of purchasing, extending and improving, or purchasing, constructing or extending works, for the purpose of supplying such city and its inhabitants with natural gas, water, electric light, or heating, or street-railway or telephone service, it shall be lawful for the governing body of said city, by ordinance duly passed, to direct the issuance of the bonds so voted, which said bonds shall be issued according to law.
History: R.S. 1923, § 12-834; December 27.
Source or prior law:
L. 1905, ch. 101, § 1; L. 1911, ch. 75, § 1; L. 1913, ch. 75, § 1; L. 1913, ch. 123, § 1; L. 1913, p. 199, S.J.R. 15.
Attorney General's Opinions:
Records of municipally owned utilities are open to the public. 81-52.
CASE ANNOTATIONS
1. Cited in considering power of city to control streets; "jitneys." Lesser v. City of Wichita, 96 Kan. 820, 822, 153 P. 1194.
2. Legislature has power to correct bill before final approval. Hartzler v. City of Goodland, 97 Kan. 129, 135, 154 P. 265.
3. This act must be construed with L. 1913, ch. 124 (K.S.A. 12-836 through 12-840, herein); acts harmonized. The State, ex rel., v. City of Lawrence, 98 Kan. 808, 810, 160 P. 217.
4. Section cited in considering jurisdiction over public utility; interurban railway. In re Wright, 102 Kan. 329, 170 P. 28.
5. Act to be construed with L. 1913, ch. 75 (see K.S.A. 12-801, herein); effect considered. Loe v. City of Palco, 103 Kan. 287, 173 P. 299.
6. Bonds legally issued; taxpayer cannot enjoin city's contract with federal government. Kansas Utilities Co. v. City of Burlington, 141 Kan. 926, 928, 930, 44 P.2d 223.
7. Municipally owned power plant partially outside city is exempt from taxation. State, ex rel., v. Smith, 144 Kan. 570, 61 P.2d 897.
8. Various objections to waterworks bond issue considered; injunctions denied. Lewis v. City of South Hutchinson, 162 Kan. 104, 117, 119, 174 P.2d 51.
9. Where record silent, court will assume bonds duly authorized under proper statute. Jaeger v. City of Hillsboro, 164 Kan. 533, 534, 540, 190 P.2d 420.