State ex rel. Taggart v. City of Kansas City

Citations

• 83 Kan. 431
• 111 P. 493
• 1910 Kan. LEXIS 551

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Statutory Construction — Reenactment—Intermediate Statute Limiting Original Act Not Repealed. An act which limits the operation of an earlier one is not repealed by implication by a reenactment of the original statute, incidental to its amendment in some other respect, but continues in force as a limitation upon the amended statute.</p> <p>2. Cities and City Officers — Limitation on ■ Bonded Debt— Statute Exempting Waterworks Bonds Not Repealed. Where an act authorizes a city to issue bonds for waterworks, and provides that their issuance shall not be affected by an earlier statute forbidding the creation of a bonded debt in excess of a stated percentage of the property subject to taxation, a subsequent reenactment of such earlier statute, incidental to an amendment merely changing the percentage, does not by implication repeal the provision exempting waterworks bonds from the limitation.</p> <p>S. -- Limitation on Indebtedness — Bonds Issued Contemporaneously — Priority. Assuming that under the statutes above described waterworks bonds should ordinarily be included in estimating the amount of outstanding indebtedness for the purpose of ascertaining whether the statutory five per cent limit has been reached, if the city’s financial condition is such that two sets of bonds, one for waterworks and one for a city hall, may lawfully be issued by giving the latter priority in time, both may be issued at the same time without violating the statute; and where under such circumstances city-hall bonds are first.voted and first authorized by ordinance, their issuance must be deemed substantially contemporaneous with that of waterworks bonds which bear the same date and mature at the same time, but which are actually executed a few weeks earlier.</p>