The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-18
LEGAL

State of Kansas:
Section l.. That the mayor and council
the first class are hereby authorized TO
specially illuminate certain districts
thereof. and to contract. install; equip
and maintain a system of artificial lights
usually maintained in such cities at large.
in the manner hereinafter provided.
Sec. That whenever a petition is filed
in the office of the city clerk, of any
such city. setting forth that a certain
street or portion of street, not less than
one block. naming and describing 1t.
should be specially Illuminated, and that
an additional system of lights is necess-
sary for that purpose, and stating that
such illumination thereof will be condu-
Give to the public convenience and welfare,
and signed by the resident owners of not
less than one-half of the feet owned by
residents and fronting or aouttlng upon
the street or portion of street described
in the petition, and praying the mayor
and council or board of commissioners CT
such city to specially illuminate such
street or portion of street, and to con-
struct, INSTALL equip and maintain an ad-
ditfona1 system of street lights Tor thar
purpose It shall be the duty OF the mayer ma. OF
forthwith fix a time and place for tire
hearing of such petition and to cause the
city clerk to give notice thereof in the
official city paper. at least five days be-
fore the date fixed for the hearing, which
shall be within twenty days from the
lots of pieces of land owned by persons
not residents of such city shall not be ia
ken into account in determining the suffl-
cheney of any such petition.
Sec 8. That at the time and place set
for the hearing of the petition, as pro
vided in the next preceding section, 1t shall
board of commissioners to first ascertain
and determine whether notice has
been given for the time and place
by this act; and if it shall be determined
that such notice has been given, to make
a declaration and finding of that fact,
81 afGr-a
records by the city clerk, and thereupon
to hear all persons in favor OF or opposed
to granting the prayer Of said petuon'
and all other evidence that they may de
sire to hear for the purpose of ascertain
ing whether such petition is signed by the
proper number of persons possessing the
qualification prescribed in this act, and
whether the statements of such petition
are true; and if upon such hearing it shai'
be found that such petition is IN con-
formity to the requirements of this acr,
and that the allegations thereof are true,
and that it is advisable to so illuminate
said street or portion of street and that
the cost hereof will not be too burden
some upon the persons to be directly
benefited, then such mayor and council or
ing and decision to that effect and shall,
by resolution, declare the construction. m
equipment and maintenance or
such additional system of lights as my
be required for that purpose necessary to
be done; and such mayor and council or
board of commissioners shall then have
power to cause such aQd1uOnal system o.
lighting to be constructed, installed, equip
ped 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 o.
commissioners; provided, that the petit
TONERS may specify the kind and number
of lights to be installed and operated, sub
iect to the approval of the mayor and
council or mayor and board OF commls-
sioners.
Sec. 4. The cost and expense of con-
structing, installing and equipping such
additional system of lights shall be asses
sed against the lots or pieces of lard
in the petition. according to the front
foot thereof, and such special assessment
shall be levied by the city and certified
by the city clerk to the county clerk to
subject to the same penalties and collect
ed in like manner as other taxes. The
installed 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 install
ed, the city shall operate them and thu
cost and expense of maintaining and OPP
Grating 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 pur-
pose as hereinafter provided. The mayor
and council or board of commissioners of
any such city may contract with private
individuals or corporations of such light
ing SYSTEM. OF any part tut1 cOl, VI TN
city may, itself, do the work, or any part
thereof: provided that nc contract or re-
newal thereof shall be awarded to any
priyate individual corporation for
period greater than ten years
Sec. S. The mayor and council or board
of 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 the dollar. to be used ex-
elusiveIy for the purpose of paying the
cost and expense of maintaining and OPP
Grating such additional system of lights
as herein before provided The revenue
derived from such tax shall be kept in
fund by the city treasurer and
shall be known as the special lighting
fund"
Sec. s. No suit or action of any kind
shall be maintained in any court. to set
aside or in any way contest or enJoln, the
levy or collection of any tax or special as.
sessment levied under the provisions of
this act, after the expiration of thirty
days from the time the amount due on
such lot or piece of ground liable for
Sec I. Chapter 81 of the Session Laws
of 1911 is hereby repealed
Sec. s. This act shall take effect and
be in force from and after its publication
in the official state paper
I hereby certify that the above Bin
originated in the House, and passed that
body February %, 1913.
Concurred in Senate amendments March
10, 1913.
Speaker of the House.
GEO E. ROGERS.
Chief Clerk of the House.
Passed the Senate March 10. 1913.
SHEFFIELD INGALLS,.
President of the Senate.
BURT E BROWN.
Secretary of the Senate.
Approved March, II. 1913.
GEO H. HODGES.
Governor
State of Kansas,
Office of the Secretary of State
T. CHAS H. SESSIONS. Secretary or
State of the State of Kansas, do hereby
certify that the above and foregoing is a
correct copy of the original enrolled bill
now on file in my office
IN TESTIMONY WHEREOF, have
hereunto subscribed my name
lSeaL1 and affixed my official seal,
this 18th day of March, 1913.
CHAS H. SESSIONS.
Secretary of State.
rPublished in The Topeka State Journal