The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-03-31
LEGAL.

~ specially illuminate such street or por-
equip and maintain an additional system
OF street lights for that purpose, it shall
pe me DUTY OF the mayor and council or
tiIne and place for the hearing of such
PetlCon and to cause the city clerk to
paper, at least five DAYS before the date
ilxed for the hearing, which shall be with
IN IN twenty days from the date of the filing
OF such petition. The lots or pieces of
iand owned by persons not residents of
sucn city shall not be taken into account
m determining the sufficiency of any such
Sec. 3. That at the time and place set
Ior the hearing of the petition, pro-
snail be the duty of the mayor and council
VI BOARD or commissioners to first aScer-
tam ana determine whether notice has
pSeen given. OF the time and place fixed for
eile nearing as required by this act; and if
1t snail be determined that such notice has
oeen given, to make a declaration and
70 be entered upon the records by the
CITY clerk, and thereupon to hear all per-
sons IN favor of or opposed to granting
the prayer of said petition, and all other
evidence that they may desire to hear for
the purpose of ascertaining whether such
Petltlon is signed by the proper number of
persons possessing the qualifications pre-
scrlDed In this act and whether the state
mentS of such petition are true; and if
upon such hearing it shall be found that
such petition is in conformity to the re-
quirements of this act, and that the allie
v1sable to so illuminate said street or por-
ton of street, and that the cost thereof
VIII not be too burdensome upon the per-
sons to be directly benefited, then such
mayor and council or board of commits
sloners shall make finding and decision
TO that effect, and shall, by resolution,
declare the construction, installation,
equipment and maintenance of such addi-
t1onai system of lights may be required
and such mayor and council or board of
commissioners shall then have power to
cause such additional system of lighting
TO be constructed, installed, equipped and
maintained, and to contract therefor. The
lights shall be of such kind and at such
intervals as shall be fixed by the mayor
and council or board of commissioners:
provided, that the petitioners may specify
the kind and number of lights to be in
stalled and operated, subject to the ap-
proval of the mayor and council or mayor
and board of commissioners.
sec. The cost and expense of con-
struggling, installing and equipping such
additional system of lights shall be as
sessed against the lots or pieces of land
abutting on the portion of street described
IN the petition, according to the front
root thereof, and such special assessment
shall be levied by the city and certified
Dy the city clerk to the county clerk, to
pc placed on the tax rolls for collection,
subject to the same penalties and collected
IN ike manner as other taxes. The said
system OF nights may be constructed, in
stalled and equipped before, during or
after the collection of the special assess
ment, as may be deemed proper by the
mayor and council or board of commits
sioners. When said lights are so installed,
the city shall operate them and the cost
and expense Of maintaining and operating
Such additional system of lights, and of so
Illuminating such street shall be paid by
the city out of the revenue derived from
tax levied for such purpose as herein
after provided The mayor and council
or board of commissioners of any such
city may contract with private individuals
or corporations of such lighting system Or o.,
any part thereof or the city NAV itself
40 the work or any part thereof; pro-
FIded, that no contract or renewal thereof
shall be awarded to any private Individual
or corporation for period greater than
Sec. .. The mayor and council or board
Vl commissioners OF any such city are
hereby authorized to levy an annual tax
on all real, personal and mixed property
IN such city, of not to exceed one third of
one mill on the dollar to be used ex-
clusively for the purpose of paying the
operating such addftionaI sysfenl Of
hghtS as hereinbefore provided The
revenue derived from such tax shall be
Kept in separate fund by the CITY treas
Lighting Fund
Sec. 6. No suit or action of anv kind
shall be maintained in anv court 70 set
aside, or in any way contest or enioin the
levy or collection of any tax or special
OF this act, after the expiration Of thirty
GayS from the time the amount due on
aeen Iot OF piece OF ground liable for such
assessment is aScertained
Sec. T. This act shall take effect and he
IN IN force from and after its publication in
the official state paper. ~
hereoy certify that the above bill orig
March 8, 1911, "' O0oS
G. H. BUCHANAN
Speaker of the House
EARL AKERS
Chief Clerk of the House
raised the Senate March g. 1911
RICHARD ]. HOPKINS
President of the Senate,
WAITER A JOHNSON,
Secretary of the Senate
Approved March II, 1911
W. r. STUBBS.
Governor.
o State of Kansas.
Ofice of the Secretary of State.
el, CHAS. H. SESSIONS Secretary of
state Of the State of Kansas, do hereby
certlfy that the above and foregoing is a
correct copy. of the original enrolled bill
now on file in my office
IN TESTIMONY WHEREOF, 1 have
rr,, hereunto subscribed my name
lSealI and affixed my official seal.
this II day of March 1911
CHAS. II. SESSIONS,
By ]. T. BOTKIN.
Asst. Secretary of State