Printable Format12-843. Same; bonds; election; limitation; use of surplus revenues. For any and all indebtedness, obligation or liability contracted for or created for any of the purposes mentioned in K.S.A. 12-842, any such city, acting under the provisions thereof, is hereby granted full power and authority to issue bonds of the city to an amount equal to such indebtedness, obligation, or liability; the power to create or incur such indebtedness, obligation, or liability, and to issue bonds as herein provided, being independent of and in addition to like and other powers heretofore granted such cities; and such bonds may be sold as provided by law, and the proceeds thereof used in the payment of such indebtedness, obligation, or liability; such bonds shall not be used or sold except as directed by the governing body of said city, and such bonds shall not be issued to an aggregate amount exceeding fifteen percent of the assessed value of such city as shown by the assessment last preceding the issuance thereof: Provided, That no bonds shall be issued except upon a vote of a majority of the qualified electors of such city: And provided further, That any such city shall have full power and authority to use any surplus arising from the proceeds of any such plant or plants for the purpose of bettering, constructing or installing any such plant that such city may have or may desire to acquire by construction or purchase.
History: R.S. 1923, § 12-843; December 27.
Source or prior law:
L. 1897, ch. 82, §§ 9, 10, 11; L. 1901, ch. 107, § 1; L. 1903, ch. 136, § 4.
Attorney General's Opinions:
Cities; public utilities; formation of limited partnership to construct wind turbine system. 81-160.
CASE ANNOTATIONS
1. Procedure under this act considered. The State v. Topeka, 68 Kan. 177, 74 P. 647; Leavenworth v. Wilson, 69 Kan. 74, 76 P. 400. Questioned: State, ex rel., v. McCombs, 129 Kan. 834, 284 P. 618.
2. City may extend waterworks beyond city limits; bonds issued therefor. Hibbard v. Barker, 84 Kan. 848, 851, 115 P. 561.
3. "Majority of qualified electors" defined; majority of all voters necessary. Clayton v. Hill City, 111 Kan. 595, 207 P. 770.
4. Failure to clearly state proposition on ballot vitiates the election. Kansas Electric Power Co. v. City of Eureka, 142 Kan. 117, 45 P.2d 877.
5. Statutory procedure for acquisition of plant is exclusive; contract invalid. Kansas Power Co. v. Fairbanks, Morse & Co., 142 Kan. 109, 112, 114, 45 P.2d 872; Kansas Electric Power Co. v. City of Eureka, 142 Kan. 123, 127, 45 P.2d 880.
6. Evidence insufficient to show majority failed to vote for bonds. Tucker v. Raney, 145 Kan. 256, 257, 259, 65 P.2d 329.
7. Various objections to waterworks bond issue considered; injunction denied. Lewis v. City of South Hutchinson, 162 Kan. 104, 117, 119, 174 P.2d 51.
8. Where record silent, court will assume bonds duly authorized under proper statute. Jaeger v. City of Hillsboro, 164 Kan. 533, 534, 536, 540, 541, 190 P.2d 420.