Gas, water, lights, heat, street-railway, bus or telephone service; election; bonds

12-801. Gas, water, lights, heat, street-railway, bus or telephone service; election; bonds. Whenever and as often as a majority of the electors voting at an election heretofore held, or hereafter called and held, in any city shall vote in favor of the issuance of bonds of such city for the purpose of purchasing, constructing or extending works for the purpose of supplying such city and its inhabitants with natural or artificial gas, water, electric light, heating, street-railway, bus or telephone service, it shall be lawful for the governing body of such city, by ordinance duly passed, to direct the issuance of the bonds so voted as provided by law: Provided, That whenever it may be deemed necessary or advisable for such city to combine a water and electric-light plant, the same may be done, and a separate vote on each proposition shall not be required. History: R.S. 1923, § 12-801; L. 1953, ch. 62, § 1; June 30. Source or prior law: L. 1891, ch. 73, § 5; L. 1905, ch. 101, § 1; L. 1911, ch. 75, § 1; L. 1913, ch. 75, § 1; L. 1913, ch. 123, § 1. Cross References to Related Sections: Cities second and third class, see 12-834. Cities first class, over 50,000, see 13-1213 through 13-1215. Attorney General's Opinions: Cities; public utilities; formation of limited partnership to construct wind turbine system. 81-160. Granting franchises; elections on ordinance. 85-47. Powers of rural water districts; contract with city for purchase of water. 89-95. Permanent registration of city, county or township vehicles; ambulances. 90-52. CASE ANNOTATIONS 1. Act held constitutional and valid. Belleville v. Wells, 74 Kan. 823, 88 P. 47. 2. Limitation of bonded indebtedness hereunder not affected by earlier acts. Belleville v. Wells, 74 Kan. 823, 88 P. 47. 3. Power of city of second class in extending waterworks system. Hibbard v. Barker, 84 Kan. 848, 115 P. 561. 4. Right to purchase land beyond city limits considered. Hibbard v. Barker, 84 Kan. 848, 115 P. 561. 5. Matters of mere municipal policy not for court to control. Hibbard v. Barker, 84 Kan. 848, 115 P. 561. 6. Auditor entitled to fees; not required to account to state. Nation v. Tulley, 86 Kan. 564, 121 P. 507. 7. Act not repealed by L. 1913, ch. 124, except where in conflict. The State, ex rel., v. City of Lawrence, 98 Kan. 808, 160 P. 217. 8. Election not vitiated because of hours polls were open. The State, ex rel., v. City of Lawrence, 98 Kan. 808, 160 P. 217. 9. State may maintain mandamus to compel issuance of bonds. The State, ex rel., v. City of Lawrence, 98 Kan. 808, 160 P. 217. 10. Section cited in discussing jurisdiction over public utilities. In re Wright, 102 Kan. 329, 331, 170 P. 28. 11. Act construed with L. 1913, ch. 123; not repealed. Loe v. City of Palco, 103 Kan. 287, 173 P. 299. 12. Act construed, city required to fix reasonable rates. Holton Creamery Co. v. Brown, 137 Kan. 418, 419, 20 P.2d 503. 13. Bonds lawfully 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. 14. Municipally owned power plant partially outside city is exempt from taxation. State, ex rel., v. Smith, 144 Kan. 570, 61 P.2d 897. 15. Cited in discussing city's authority to construct electric power plant. Tucker v. Raney, 145 Kan. 256, 257, 259, 65 P.2d 329. 16. 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. 17. Dual proposition in bond election; issuance of bonds enjoined. Kansas Utilities Co. v. City of Paola, 148 Kan. 267, 270, 271, 80 P.2d 1084. 18. Taxpayer must allege individual loss to maintain suit where section violated. Lewis v. City of South Hutchinson, 162 Kan. 104, 117, 119, 174 P.2d 51. 19. Various objections to waterworks bond issue considered; injunction denied. Lewis v. City of South Hutchinson, 162 Kan. 104, 117, 119, 174 P.2d 51. 20. 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. 21. Compared with K.S.A. 13-1024 and construed. City of Coffeyville v. Robb, 165 Kan. 219, 220, 222, 223, 224, 194 P.2d 475. 22. Ordinance, notice of election and ballot must show statute under which election held. Eastern Kansas Utilities, Inc., v. City of Paola, 165 Kan. 558, 566, 196 P.2d 199. 23. Election notice signed by mayor and city clerk only, sufficient; purpose of bond issue sufficiently stated. Western Missouri Power Co. v. City of Washington, 80 F.2d 420, 421. 24. Act cited in determining city ordinances to implement issuance of industrial revenue bonds administrative; not subject to K.S.A. 12-3013. Rauh v. City of Hutchinson, 223 Kan. 514, 521, 575 P.2d 517. 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