Imagens da página

tract or lease: And provided further, That two-fifths of the taxpayers of such city, as shown by the last preceding tax roll, shall have petitioned the mayor and council for readjustment by petition filed with the city clerk thirty days before July first of the year in which such readjustment is sought, if the readjustment is sought on the ground of fraud perpetrated or mistake made by such corporation, its officers or agents. [Id., $ 657.]

Penalty for False Statement.- Sec. 263. Any officer or manager of such corporation who shall fail or refuse or neglect to comply with the provisions of this act requiring a statement, or who shall make a false showing in any statement required of him by this act, shall be fined in the sum of not less than five hundred dollars nor more than one thousand dollars for each offense; and the corporation shall forfeit its right to collect its charges for light, power, water or heat furnished to the municipality or the citizens thereof. [1d., $ 658.]

Objection to Statement.- SEC. 264. Any one or more citizens, taxpayers, may file objections with the city clerk to any statement required herein and made by such corporation, and be heard as to what expenses, repairs and rate per cent. on capital shall be allowed to such corporation, and may have the employés, officers and stockholders of any such corporation or other witnesses examined under oath before the mayor and council of any such city to show the inaccuracy or falsity of such statement, or the over-valuation of any property itemized in such statement; and if such statement is found to be inaccurate or false, or any property over-valued, the mayor and council may act on the evidence before them and fix and determine what expenses, repairs and the rate per cent. on capital such corporation is to be allowed under this act, and the rentals the city is to receive, or may require additional statements filed from time to time as may be necessary to enable them to act intelligently in the performance of their duties under this act;

and such mayor and council shall have power to compel the production of books and papers and the attendance of witnesses necessary to such investigation; and the city clerk is hereby authorized to administer oaths to all witnesses and to issue subpænas and attachments to compel the production of books and papers

and the attendance of witnesses. [Id., $ 659.] Cities Authorized to provide Plants.-SEC. 265. That all cities of the first, second and third class of the state of Kan sas are hereby granted full power and authority on behalf of such cities 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, and water-works, and to secure, by lease or purchase, natural gas or other lands for the purpose of supplying such cities and the citizens thereof with water, light, gas, power or heat for domestic use and all other purposes: Provided, That nothing in this act shall prevent any such city from constructing any such plant at any time after the act takes effect. [Id., S 660.]

Cities to Issue Bonds -- SEC. 266. That for any and all indebtedness created for any of the purposes mentioned in section 8 of this act, any city of the first, second or third classes is hereby granted full power and authority to issue and sell bonds of the city to an amount equal to said indebtedness; the said power to create said indebtedness and to issue bonds being independent of and in addition to like and other powers heretofore granted such cities; and such bonds shall not be issued in amounts to exceed twenty per cent. of the assessed value of such city as shown by the last preceding assessment. Said bonds shall be issued in denominations of not less than ten dollars nor more than one thousand dollars, and shall run for a period not to exceed twenty years, and shall bear interest at a rate not to exceed six per cent. per annum, payable semi-annually, and may be used in payment of the purchase or construction of a plant or plants to such persons as will receive them and to whom

such city may become indebted in the construction or purchase of any such plant or plants; but said bonds shall not be used or sold at less than their face value, and as directed by the mayor and council of such city. (Id., S 661.]

To Vote on Issue of Bonds.— SEC. 267. On presentation of a petition signed by two-fifths of the resident taxpayers of any such city as shown by the last assessment-roll, the acting mayor of such city shall issue a proclamation for a city election to be held, giving at least thirty days' notice thereof in a newspaper published and of general circulation in said city, for the purpose of submitting to the electors of such city a proposition to issue bonds of such city for any and all purposes mentioned in the last two preceding sections and section twelve of this act. [Id., $ 662.]

Bonds shall be Issued.--- SEC. 268. If upon a canvass of the returns of said election it shall appear that a majority of the electors voting at such election are in favor of issuing said bonds, the corporate authority of the city shall issue the same for the purpose and in the manner and to the amount specified in this act. [Id., § 663.]

Limit of Grant; Miscellaneous Provisions.- SEC. 269. No renewal or original grant, lease or contract provided for in this act shall continue for a longer period than twenty years,

such grant, lease or contract may be terminated at any time after the expiration of ten years from the making of the same, or such less time as may be fixed at the time of making such grant, lease or contract; and the city may acquire title to any gas light, electric light, electric power, water-works or heating plant of any private corporation upon the expiration of any existing grant, lease or contract now in force with any such corporation, or upon the termination of any future grant, lease or contract made in accordance with this act, and all the rights, privileges and property thereto pertaining, in the following manner, to wit: The city may, upon the termination of any grant,

and any

lease or contract now in force with any such corporation, or at any time after the expiration of ten years from the making of such grant, lease or contract under this act, or after the expiration of such less time as may be stipulated in the grant, lease or contract, file a petition in the district court of the county in which said city is situated, against the owner or owners of any such plant and others interested therein, which petition shall contain a general description of the plant or property, setting forth the interests or property rights of said corporation or others therein as near as may be done, and praying that the city may be permitted to acquire a title thereto in the manner provided in this act. Thirty days' notice shall be given to all persons interested in said property at the time for the hearing of the said application, by publication in three successive issues of some weekly newspaper printed in such city, having general circulation therein, the first of which shall not be less than thirty days prior to the time of the hearing, and also by delivering a copy of such notice to the manager of such plant, if such manager can be found within the county. In such proceedings, petition, and notices, it shall not be necessary to state the names of any of the parties interested as defendants, except those of the reputed owner or owners. At the time set for the hearing of such petition the court shall appoint three disinterested commissioners, non-residents of the city, one of whom shall be named by the court and the other two by the county commissioners of said county. The commissioners so appointed, after having taken and subscribed an oath to faithfully and impartially discharge their duties as such commissioners, shall forth with proceed to determine the then present value of any such plant, exclusive of the city's franchise or property element therein, which value shall be a fair value thereof. The commissioners so appointed shall have power to administer oaths, to subpæna and compel the attendance of witnesses, and the production of books and papers; and any citizen taxpayer

or officer of the city may appear before them and be heard as to the city's interest. Within thirty days after their appointment, unless for good cause shown the time be extended by the court or the judge thereof, the comn.issioners shall file their report with the clerk of said district court. If any commissioner so appointed shall fail to act, or his place become vacant for any other reason,

the court shall fill such vacancy. The action of a majority of such commissioners shall be deemed to be the action of the commisioners. Within ten days after the filing of such report any citizen of such city or other person interested may file exceptions thereto, and thereupon the court or the judge thereof shall appoint a time, not more than thirty days from the filing of such report, for the hearing of such exceptions, which exceptions shall be heard in a summary manner without pleading; and upon such hearing the court may confirm the said report, or may set the same aside, as shall be just, and appoint new commissioners. In the event such report shall be set aside, further proceedings shall be had in all respects as in the case of the original appointment of commissioners, until the award of the commissioners shall be confirmed by the court. No appeal shall lie from the action of the court upon the hearing of exceptions to any award of the commissioners. Said commissioners shall be allowed three dollars per day for services rendered, to be paid out of the city treasury. At any time within four months after the confirmation of such award by the district court, the city may deposit the amount of the award with the treasurer of the county for the use of the owners or others interested in such plant; and if for any cause such commissioners so appointed shall fail or refuse to make and file their report within the time limited therefor, the court, by attachment, may compel such filing, or may discharge such commissioners and appoint new ones from time to time until commissioners shall be appointed, two of whom shall agree upon a report. From the time of making such deposit with the

« AnteriorContinuar »