66-133. Municipal franchises and ordinances; taxpayer's complaint to commission; bond for costs of hearing complaint.
66-133
66-133. Municipal franchises and ordinances; taxpayer's complaintto commission; bond for costs of hearing complaint.Every municipal council or commission shall have the power andauthority, subject to any law in force at the time and to the provisionsof K.S.A. 66-131a, to contract with any public utility orcommon carrier, situated and operated wholly or principally within anycity or principally operated for the benefit of such city or its people,by ordinance or resolution, duly considered and regularly adopted:
(1) As to the quality and character of each kind of product orservice to be furnished or rendered by any public utility or commoncarrier, and the maximum rates and charges to be paid therefor to thepublic utility or common carrier furnishing such product or servicewithin said municipality, and the terms and conditions, not inconsistentwith this act or any law in force at the time under which such publicutility or common carrier may be permitted to occupy the streets,highways or other public property within such municipality.
(2) To require and permit any public utility or common carrier tomake such additions or extensions to its physical plant as may bereasonable and necessary for the benefit of the public, and maydesignate the location and nature of such additions and extensions atthe time within which such shall be completed, and the terms andconditions under which the same shall be constructed.
(3) To provide a reasonable and lawful penalty for the noncompliancewith the provisions of any ordinance or resolution adopted in pursuancewith the provisions hereof. No ordinance or resolution granting orextending any right, privilege or franchise shall be in force or effectuntil thirty days after the same shall have been duly published; nor ifany complaint be made, as hereinafter provided for, shall said ordinanceor resolution be in effect while any proceedings to review before saidcommission or action or appeal in any court in relation thereto shall bepending.
Upon any complaint being made, within fifteen days after thepublication of any such ordinance or resolution, to the corporationcommission by any such public utility or common carrier, or by ten ormore taxpayers of any such municipality a bond to pay the costs of thehearing having first been filed by the complainant with and approved bythe said commission, that any right, privilege or franchise granted, orordinance or resolution or part of any ordinance or resolution adopted,by any municipal council or commission is unreasonable, or againstpublic policy, or detrimental to the best interests of the city, orcontrary to any provisions of law, the corporation commission shall seta date for the hearing of such complaint, not less than ten days afterdate of filing thereof, and shall cite the parties interested to appearon a date named, which date shall be not less than ten days after thefixing of the date of the hearing, and on that date, or at a time agreedupon by the interested parties, or a date fixed by the corporationcommission, the complainant shall present such evidence as they or itmay have in support thereof, and show why such complaint should besustained, and the corporation commission may inquire into theallegations in such complaint, and may subpoena witnesses, and taketestimony to ascertain the truth of the allegations contained therein incontemplation of bringing an action as hereinafter provided; and if saidcommission shall find that any provision of any such ordinance orresolution is unreasonable, or against the public welfare or publicinterest, or has reason to believe that the same may be contrary to law,said corporation commission shall, within ten days, advise and recommendsuch changes in the ordinance or resolution as may be necessary to meetthe objections set forth in the complaint and protect the publicinterest, and to remove any unreasonable provision therefrom; and ifsuch municipal council or commission shall not within twenty daysthereafter amend such ordinance or resolution to conform to therecommendations of said corporation commission, the corporationcommission may, in the name of the state of Kansas, within thirty daysafter such finding, commence proceedings against such municipal councilor commission and common carrier or public utility governed by theprovisions of this act in any court of competent jurisdiction, to setaside any ordinance or resolution, or part thereof, because of itsunreasonableness or illegality, or because the same is not for thepromotion of the welfare and best interests of said municipality, whichaction and proceedings shall be in conformity with the provisions ofthis act.
History: L. 1911, ch. 238, § 33; R.S. 1923, 66-133; L. 1978, ch.263, § 4; March 23.