Atchison, Topeka & Santa Fe Railway Co. v. City of Hutchinson

Citations

• 96 Kan. 202
• 150 P. 534
• 1915 Kan. LEXIS 347

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Taxation — Levy for General Improvements — Construction of Statutes. Section 5 of chapter 95 of the Laws of 1911 merely limits the power of cities of the first class having a certain population to make levies for opening, widening and bring to grade streets, for building bridges, culverts and sewers, and for foot walks, to one mill on the dollar, and does not repeal section 125 of chapter 122 of the Laws of 1903 (Gen.. . Stat. 1909, § 989), authorizing cities of the first class to levy taxes for general improvements, except improvements for which special assessments are made.</p> <p>2. Same — Levy to Pay Judgments — Statute Construed. The act of 1903 referred to authorizes cities of the first class to levy a tax of one mill on the dollar for the purpose of paying judgments. The act of 1911 limits the levy for such purposes to one-fifth of a mill. Such a levy may be made-by a city of the first class having the prescribed population, although the judgments against the city existing at the date of the levy belong to a class payable primarily out of the general fund.</p>