The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-03-17
LEGAL.
Published in The Topeka State journal, |
March IL, 1851
HOrSE RTTI. N 900

| ItiCu, All act TO incorporate c1JleS OF
the the second class and to repeal former
acts, said section relating to public wells.
establishment, alteration and change of
the channels of water courses therein:
cost of construction 'ne ana Day maintenan nee
tnereof, and to repeal said original section
Be it enacted by the Legislature of the
State of Kansas:
of the Session Laws of ST. Of IS Hereby
a amended to read az follows: Sec 5s The
public wells, eisterns aqueduct tsia and reser
voirs and provide for filling the same and
divert and otherwise improve the chan,
nels of water courses, wall them and cover
construct and maintain within or outside
OF the city limits such channels. tunnels
sry to form an outlet anu GRAIN inq for the
water carried by such water courses into
erect all walls. emban kments. leVees and and
rlpraRs to protect the banks thereof; and
chase or condemnation proceedings within
therefrom, all lands required and necessary
therefor. and may enact any and all ordf-
construction shall be made within the cor
porate limits of any other city until such
the condemnation of such property outside |
of the limits of the city shall be done by
menced instituted, carried on and reguIat- !
ed in all respects provided for the con /
poses: and provided, further, that in the |
construction and maintenance of such work /
and contributions towards the payment of |
the cost thereof from, and may contract and |
porations and individuals of this any |
other state; and provided. also. that the |
police jurisdiction of the city shall extend |
over such lands as acquired beyond the city |
limits except where such acquired land is
already under the police jurisdiction of |
some other city. whenever the council
shall by resolution deem and declare it to
h TO- lf oh ucral
and divert the channel of any water course
as herein provided; it shall cause to be pre-
pared and submitted to said council. /
veys. maps and specifications of the work
so proposed to be done. together with an
estimate of the cost thereof, of every kind
and nature, including all property damage.
so far as same can be approximately. esti,
council shall have the power to proceed
to 70 Of the eos
damage and expense of every kind and ma
alteration and diversion and the constrnc,
ton of all channels. tunnels, walls, en-
ed Herewith. in whole or in part, by funds
contributed or paid for such purposes, or
taxable property Within the limits Of the
city. or by the levy of special taxes or
lying within a benefit district. by ordf-
nance created, declared and established by
mayor and council shall determine that the
proposed work; or any part thereof, ought
ing bonds to be paid by general taxation,
and the estimated cost and expenses of
exceeds V the sum i Of five thousand dollars
t$5,000.00). then the mayor and council
shall. before ordering said work done in
curing any expense therefor, call special
election to vote upon the question of MAX
to pay therefor. The council shall make an
entry on its journal so declaring, together
with an order calling an election for that
purpose. and such order shall specify the
the rate of interest the same shall bear,
the time when payable and the purpose
the time and place where such election is to
be held. and shall appoint judges and clerks
to conduct the same.
The proclamation calling such election
shall be published at least ten qo) days
in the official paper of the city, if there be ,
one,-otherwise in the official county pa
per: such proclamation shall prescribe the
form of the ballot, set the time when and
places where the election will be held. and
shall contain a COPY of the order of the
council calling the same: and at the time
appointed the election shall be conducted,
tanned in the same manner as is provided
by law for general city elections, and the !
returns shall be made to and canvassed by !
the council of the city. The council shall
meet and canvass the returns of all such .
elections. and declare the result. and if !
majority of those voting at the election au- l
thorize the issuing of the bonds, the city =.
council shall have the power to issue the ,
were authorized, to be done: and all bonds
issued under the provisions of this act
by the city clerk, and authenticated by the
seal of the city, and each of such bonds
shall recite that it is issued under the pro-
visions of this act; none of which said
bonds shall run longer than twenty (20)
years. bear interest exceeding six per
cent, 1870 per annum and for the annual
of interest all sums
paid interest coupons shall be attached to
each bond. Such bonds may be issued in
to any person entitled to compen-
sation under the provisions of this act; or t
than their value, and pay the parties Z
entitled thereto out of the proceeds there 1
of. Said bonds shall be of such denomina-
tions as the council shall deem proper, and
be payable from the levies made in each
year, upon all the taxable property of the
amount in excess of the aggregate cost of
said work, to be borne and paid by the :
city issuing such bonds which shall in [
clude the cost and expense of every kind,
nature and description in anywise con
nected with. arising from, growing out
Of or rendered necessary by reason of such
change. alteration and diversion of the Il
channel of such water-course. within or L
without said city. If the council shall de II
termine that the cost. or any part thereof, T.
ought to be paid by the levy of special ;
sessments upon the property within dis Is
so declare and establish benefit district q,
the boundaries thereof, and the
assessments upon the several tracts, pieces 4,
and parcels of land therein shall be made u
according to the assessed value thereof. Fl
provements thereon, which said value shall II
be ascertained by. three disfnterested APP
shall within ten Go) days after their said N
appointment. proceed to appraise said fl
tracts. pieces and parcels of land within b
said benefit district, first having taken and II
subscribed oath to make true and i'm n
partial appraisement thereof; which ap Ia
Drafsement shall be returned to the city
council at the first meeting thereof after C
he same shall have been completed. When W
he said advertisement has been returned IN
he mayor and council shall appoint time
.ompiaint that may be made as to the val D.
tiDra of 9nf or. ef n 1G aft