Same; ordinance granting use of

12-849. Same; ordinance granting use of. Before any person, firm or corporation shall have the right to enter upon the streets, alleys, public parks and grounds of any city of the second or third class for the purpose of piping the same for gas, heat, light, water, or for the construction of any railways, street railways, sewerage system, telephones, or for any other purpose whatsoever, such person, firm or corporation must first procure the passage of an ordinance by the governing body of such city granting unto such person, firm or corporation such right or rights, and in which said ordinance shall be defined fully and at length the terms upon which said right is conceded. History: L. 1905, ch. 121, § 2; February 11; R.S. 1923, § 12-849. CASE ANNOTATIONS 1. Reasonable regulations may be prescribed for telephone companies. Telephone Co. v. Concordia, 81 Kan. 514, 106 P. 35. 2. Telephone company should request ordinance describing regulation; effect of refusal. Telephone Co. v. Concordia, 81 Kan. 514, 517, 106 P. 35. 3. Regulation of rates by city considered. City of Emporia v. Telephone Co., 87 Kan. 465, 124 P. 895; City of Emporia v. Telephone Co., 88 Kan. 443, 445, 129 P. 187. 4. Control of streets, alleys and public grounds vested in city. City of Wilson v. Electric Light Co., 101 Kan. 425, 166 P. 512. 5. City may remove poles and wires upon expiration of franchise. City of Wilson v. Electric Light Co., 101 Kan. 425, 427, 166 P. 512. 6. Franchise granted by ordinance under this section construed. City of Salina v. Street Railway Co., 114 Kan. 734, 220 P. 203. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026