10-1210.Publication of intended improvements; protest; election.
The governing body, by a two-thirds vote of the members thereof, or
where the utilities are under the control and management of a board of
public utilities, said board by a three-fifths vote thereof, may contract
for or make repairs, alterations, extensions, reconstructions, enlargements
or improvements of any of its municipally owned utilities and issue or
cause to be issued revenue bonds in payment of the cost thereof without
submitting to a vote of the electors of such municipality the proposal to
contract for or to make such repairs, alterations, extensions,
reconstructions, enlargements or improvements and to issue such bonds in
payment of the cost thereof: Provided, That such repairs, alterations,
extensions or improvements will not cause duplication of existing utility
service furnished by a private utility: Provided, however, That the
governing 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 the
official paper of said municipality or, if said municipality has no
official paper, then some paper of general circulation in such municipality,
a notice of its intention so to do which notice shall describe the nature
of the proposed repair, alteration, reconstruction, enlargement or
improvement, state the total amount of the cost thereof and the amount of
the 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 protest
against such proposed repairs, alterations, extensions, reconstructions,
enlargements or improvements and such bond issue, signed by not less than
twenty percent of the qualified electors of such municipality, the
governing body of such municipality shall thereupon submit such proposed
project and the proposed bond issue to the electors of such municipality at
a 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 such
protest or at a regular city election or general election which will occur
not sooner than thirty days nor not later than sixty days after the filing
of such protest. In the event that a majority of such voters voting on such
proposition at such election shall vote in favor thereof, such repairs,
alterations, extensions, reconstructions, enlargements or improvements
shall 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.
10-1210.Publication of intended improvements; protest; election.
The governing body, by a two-thirds vote of the members thereof, or
where the utilities are under the control and management of a board of
public utilities, said board by a three-fifths vote thereof, may contract
for or make repairs, alterations, extensions, reconstructions, enlargements
or improvements of any of its municipally owned utilities and issue or
cause to be issued revenue bonds in payment of the cost thereof without
submitting to a vote of the electors of such municipality the proposal to
contract for or to make such repairs, alterations, extensions,
reconstructions, enlargements or improvements and to issue such bonds in
payment of the cost thereof: Provided, That such repairs, alterations,
extensions or improvements will not cause duplication of existing utility
service furnished by a private utility: Provided, however, That the
governing 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 the
official paper of said municipality or, if said municipality has no
official paper, then some paper of general circulation in such municipality,
a notice of its intention so to do which notice shall describe the nature
of the proposed repair, alteration, reconstruction, enlargement or
improvement, state the total amount of the cost thereof and the amount of
the 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 protest
against such proposed repairs, alterations, extensions, reconstructions,
enlargements or improvements and such bond issue, signed by not less than
twenty percent of the qualified electors of such municipality, the
governing body of such municipality shall thereupon submit such proposed
project and the proposed bond issue to the electors of such municipality at
a 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 such
protest or at a regular city election or general election which will occur
not sooner than thirty days nor not later than sixty days after the filing
of such protest. In the event that a majority of such voters voting on such
proposition at such election shall vote in favor thereof, such repairs,
alterations, extensions, reconstructions, enlargements or improvements
shall 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.
10-1210.Publication of intended improvements; protest; election.
The governing body, by a two-thirds vote of the members thereof, or
where the utilities are under the control and management of a board of
public utilities, said board by a three-fifths vote thereof, may contract
for or make repairs, alterations, extensions, reconstructions, enlargements
or improvements of any of its municipally owned utilities and issue or
cause to be issued revenue bonds in payment of the cost thereof without
submitting to a vote of the electors of such municipality the proposal to
contract for or to make such repairs, alterations, extensions,
reconstructions, enlargements or improvements and to issue such bonds in
payment of the cost thereof: Provided, That such repairs, alterations,
extensions or improvements will not cause duplication of existing utility
service furnished by a private utility: Provided, however, That the
governing 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 the
official paper of said municipality or, if said municipality has no
official paper, then some paper of general circulation in such municipality,
a notice of its intention so to do which notice shall describe the nature
of the proposed repair, alteration, reconstruction, enlargement or
improvement, state the total amount of the cost thereof and the amount of
the 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 protest
against such proposed repairs, alterations, extensions, reconstructions,
enlargements or improvements and such bond issue, signed by not less than
twenty percent of the qualified electors of such municipality, the
governing body of such municipality shall thereupon submit such proposed
project and the proposed bond issue to the electors of such municipality at
a 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 such
protest or at a regular city election or general election which will occur
not sooner than thirty days nor not later than sixty days after the filing
of such protest. In the event that a majority of such voters voting on such
proposition at such election shall vote in favor thereof, such repairs,
alterations, extensions, reconstructions, enlargements or improvements
shall 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.