10-1210.   Publication of intended improvements; protest; election.The governing body, by a two-thirds vote of the members thereof, orwhere the utilities are under the control and management of a board ofpublic utilities, said board by a three-fifths vote thereof, may contractfor or make repairs, alterations, extensions, reconstructions, enlargementsor improvements of any of its municipally owned utilities and issue orcause to be issued revenue bonds in payment of the cost thereof withoutsubmitting to a vote of the electors of such municipality the proposal tocontract for or to make such repairs, alterations, extensions,reconstructions, enlargements or improvements and to issue such bonds inpayment of the cost thereof: Provided, That such repairs, alterations,extensions or improvements will not cause duplication of existing utilityservice furnished by a private utility: Provided, however, That thegoverning body or other proper officers of any such municipality shall,before contracting for or making any such repairs, extensions,reconstructions, enlargements or improvements, cause to be published in theofficial paper of said municipality or, if said municipality has noofficial paper, then some paper of general circulation in such municipality,a notice of its intention so to do which notice shall describe the natureof the proposed repair, alteration, reconstruction, enlargement orimprovement, state the total amount of the cost thereof and the amount ofthe bonds to be issued for the payment thereof: Provided, however, If,within fifteen days after the publication as aforesaid of such notice,there shall be filed with the clerk of such municipality a written protestagainst such proposed repairs, alterations, extensions, reconstructions,enlargements or improvements and such bond issue, signed by not less thantwenty percent of the qualified electors of such municipality, thegoverning body of such municipality shall thereupon submit such proposedproject and the proposed bond issue to the electors of such municipality ata special election to be called for that purpose upon at least ten days'notice, to be held not later than sixty days after the filing of suchprotest or at a regular city election or general election which will occurnot sooner than thirty days nor not later than sixty days after the filingof such protest. In the event that a majority of such voters voting on suchproposition at such election shall vote in favor thereof, such repairs,alterations, extensions, reconstructions, enlargements or improvementsshall be made and such bonds may be issued in payment of the cost thereof.

      History:   L. 1947, ch. 107, § 10; L. 1949, ch. 117, § 5; June 30.