State v. City of Topeka

Citations

• 68 Kan. 177
• 74 P. 647
• 1903 Kan. LEXIS 427

Syllabus

<p>syllabus by the court.</p> <p>1. Cities and City Oeeioers — Election to Vote Water-works Bonds. A petition asking the mayor of a city to issue a proclamation for an election to vote bonds to be used in the purchase of a system of water-works need not be submitted to the city council.</p> <p>2. -Purchase of Water-works Subject to Encumbrance. A city may purchase a system of water-works subject to an encumbrance payable in the future.</p> <p>3. -Petition and Proclamation for an Election to Vote ■ Water-works Bonds Held Sufficient. Petition and proclamation for a city election to vote bonds to be used in the purchase of a system of water-works, which specifically mention the statute under which the bonds are to be'issued, but fail to state the denomination, rate of interest, or maturity, are not void for these reasons when the statute referred to provides that “said bonds shall be issued in denominations of not less than ten dollars nor more than one thousand dollars, and shall run for a period not to exceed twenty years, and shall bear interest at a rate not to exceed six per cent.” By reference the statute becomes a part of the petition and proclamation. The council may issue the bonds in any denomination, at any rate of interest, and payable at any time, within the limits prescribed in the statute.</p> <p>4. -Existing Indebtedness not a Condition Precedent to Voting Bonds. An existing indebtedness or obligation on the part of a city is not a necessary condition precedent to its power to vote bonds to be used in the purchase or construction of a public utility.</p> <p>5. Act ot Legislatuke- — Publication. A general act which provides that it shall take effect and be in force from and after its publication in the “oficial city paper” will become operative from and after its publication in the official state paper, notwithstanding such provision.</p> <p>6, Elections — How to Determine the Number of Votes Oast on a Proposition. To ascertain how many votes are cast up