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12-842. Acquisition and operation of city plants; equipment on or across highway. Any city of the second or third class of the state of Kansas is hereby granted full power and authority, on behalf of such city, to purchase, procure, provide and contract for the construction of, and to construct and operate, gas plants, electric-light plants, electric power or heating plants, waterworks, natural-gas wells, and petroleum-oil wells, and to secure by lease, contract or purchase natural-gas lands, petroleum-oil lands, and other real estate, and to contract for and purchase natural gas, petroleum oil, electric current, and water to be delivered where purchased or elsewhere, and to construct, maintain and operate pipelines, wires and other equipment for the transportation of the same from the place where such natural gas, petroleum, electric current or water may be delivered, to such points within or without the city as may be deemed advisable, for the purpose of supplying said city, its citizens and others, with water, light, gas, power, fuel or heat for domestic use or other purposes, and said cities are hereby authorized to place said pipelines, wires and other equipment for said transportation upon and across any of the public roads, highways and streets of this state in such manner as not to incommode the public in the use of such roads, highways and streets.

History: L. 1903, ch. 136, § 3; L. 1911, ch. 122, § 1; March 8; R.S. 1923, § 12-842.

Source or prior law:

L. 1897, ch. 82, § 8.

Attorney General's Opinions:

Cities; public utilities; formation of limited partnership to construct wind turbine system. 81-160.

Public utilities; acquisition and operation of city plants. 84-128.

Municipalities; natural gas production and sales; acquisition and operation of city plants; pipeline ownership. 88-83.

Municipal water utility; city may require residents to connect to system. 2000-38.

CASE ANNOTATIONS

1. Power of city to extend waterworks beyond city limits considered. Hibbard v. Barker, 84 Kan. 848, 115 P. 561.

2. City has power to supply natural gas and fix rates. Cunningham v. City of Iola, 86 Kan. 402, 119 P. 1135.

3. Jurisdiction over public utilities considered. The State, ex rel., v. Gas Co., 88 Kan. 165, 170, 127 P. 639. Affirmed: Wyandotte Gas Co. v. Kansas, 231 U.S. 622, 34 S. Ct. 226, 58 L. Ed. 404.

4. City owning waterworks system may contract for pumping of water. Arnhold v. Klug, 97 Kan. 576, 578, 155 P. 805.

5. Contract to furnish water; public utilities commission may regulate rates. City of Cimarron v. Water, Light & Ice Co., 110 Kan. 812, 815, 205 P. 603.

6. Contract with city may be altered by public utilities commission. City of Cimarron v. Water, Light & Ice Co., 110 Kan. 812, 815, 205 P. 603.

7. Statute not restrictive of any power enjoyed by second- and third-class cities. Municipal Power Transmission Co. v. City of Lyndon, 127 Kan. 59, 64, 272 P. 158.

8. Cited in holding city liable for negligence of waterworks employee. McGinley v. City of Cherryvale, 141 Kan. 155, 157, 40 P.2d 377.

9. Statutory procedure is exclusive; contract contravening statute may be enjoined by taxpayer. Kansas Power Co. v. Fairbanks, Morse & Co., 142 Kan. 109, 112, 113, 116, 45 P.2d 872; Kansas Electric Power Co. v. City of Eureka, 142 Kan. 123, 126, 45 P.2d 880.

10. Evidence insufficient to show majority failed to vote for bonds. Tucker v. Raney, 145 Kan. 256, 257, 259, 65 P.2d 329.

11. Cited; city may extend lines to another city and supply inhabitants with electricity. Kansas Gas & Elec. Co. v. City of McPherson, 146 Kan. 614, 622, 72 P.2d 985.

12. Contract by city to purchase gas construed and enforced; validity. La Harpe Fuel Co. v. City of Iola, 152 Kan. 445, 453, 105 P.2d 900.

13. Contract by city to purchase gas not within law relating to franchises. Griffin v. Oklahoma Gas Corp., 37 F.2d 545, 548.

14. City may construct electric plant to compete with company having nonexclusive franchise. Kansas Gas & Electric Co. v. City of Independence, Kan., 79 F.2d 32, 34, 45.


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