LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY [CH. 35 Leader and the Des Moines Capital, newspapers published in Des Moines, Iowa. Approved April 14, A. D. 1911. I hereby certify that the foregoing act was published in the Des Moines Capital April 15, 1911, and in the Register and Leader April 18, 1911. W. C. HAYWARD, CHAPTER 35. ACQUISITION OF HEATING PLANTS, WATER WORKS, GAS WORKS AND POWER PLANTS BY CONDEMNATION PROCEEDINGS. S. F. 86. AN ACT amending the law as it appears in chapter forty-five (45) of the acts of the thirty-third (33d) general assembly, entitled: "An act providing for acquiring by condemnation proceedings by cities and towns, of heating plants, water works, gas works, electric light or electric power plants, and a mode of procedure therefor, and amending section seven hundred twenty-two (722) of the supplement to the code, 1907," and relating to the same subject. Be it Enacted by the General Assembly of the State of Iowa: SECTION 1. Court of condemnation. That the law as it appears in chapter forty-five (45) of the acts of the thirty-third (33d) general assembly, amending section seven hundred twenty-two (722) of the supplement to the code, 1907, be and the same is hereby amended by striking out all after the word "ordered" in line ten of section two of said chapter forty-five down to and including the word "works" in line fourteen and substituting in lieu thereof the following: "And such court of condemnation at the time it meets to organize, as is provided in said order, or at any time during the proceeding, which may be adjourned from time to time for any purpose, may fix a time for the appearance of any person or persons which any party desires to have joined in the proceedings and which the court deems necessary, which time for appearance shall be sufficiently remote to give notice upon such parties; but if such time of appearance shall occur after any proceedings are begun they shall be reviewed by the court as it may direct to give all parties full opportunity to be heard. All persons not appearing and having any right, title, or interest in or to the property which is the subject of condemnation or any part thereof and including all leaseholders and mortgagee trustees of bondholders, which are to be made parties to the proceedings shall be served with notice thereof, and the time and place of meeting of said court in the same manner and for the same length of time as the service of original notices, either by personal service or service by publication, the time so set being the time at which the parties so served are required to appear, and actual personal service of the notice within or without the state shall supersede the necessity of publication. These provisions shall also apply to condemnation proceedings which are pending, but nothing herein shall be held to invalidate any proceedings or notices served in any proceedings under chapter nine, title ten, or under the provisions of the act to which this is amendatory which have been had or taken at the time of the taking effect of this act." SEC. 2. In effect. This act being deemed of immediate performance shall take effect and be in force from and after its passage and its publication in CH. 37] LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY the Register & Leader and the Des Moines Capital, newspapers published in the city of Des Moines, Iowa. Approved March 21, A. D. 1911. I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital March 22, 1911. W. C. HAYWARD, CHAPTER 36. LIBRARY TRUSTEES. H. F. 488. AN ACT to amend the law as it appears in section seven hundred twenty-eight (728) of the supplement to the code, 1907, relating to vacancies in office of library trustees. Be it Enacted by the General Assembly of the State of Iowa: SECTION 1. What constitutes a vacancy. That section seven hundred twenty-eight (728) of the supplement to the code, 1907, be, and the same is hereby amended by striking therefrom the following, which appears in lines. sixteen (16) and seventeen (17) thereof: "The removal of any trustee permanently from the city shall render his office as a trustee vacant" and insert in lieu thereof the following: "The removal of any trustee permanently from the city, or his absence from six consecutive regular meetings of the board, except in case of sickness or temporary absence from the city, without due explanation of absence shall render his office as a trustee vacant". Approved April 15, A. D. 1911. CHAPTER 37. EMISSION OF SMOKE IN CERTAIN CITIES. H. F. 556. AN ACT declaring the emission of smoke within the corporate limits of certain cities to be a public nuisance, and conferring upon such cities additional powers for the abatement of such nuisances. [Additional to chapter four (4) of title five (V) of the code, relating to general powers of cities and towns.] Be it Enacted by the General Assembly of the State of Iowa: SECTION 1. Declared a nuisance. The emission of dense smoke within the corporate limits of any of the cities of this state now or hereafter having a population of sixty-five thousand (65,000) inhabitants or over, including cities acting under the commission plan of government is hereby declared to be a public nuisance. SEC. 2. Abatement. Every such city is hereby empowered to provide by ordinance for the abatement of such nuisance either by fine or imprisonment or by action in the district court of the county in which such city is located, or by both, such action to be prosecuted in the name of the city. They may also by ordinance provide all necessary rules and regulations for smoke inspection and the abatement and prevention of the smoke nuisance. Approved April 15, A. D. 1911. AN ACT requiring any person, partnership, or corporation owning or operating a street railway to equip its passenger cars with power brakes and other appliances and fixing a penalty for the violation thereof. [Additional to section seven hundred sixty-eight (768) of the supplement to the code, 1907, relating to equipment of street cars.] Be it Enacted by the General Assembly of the State of Iowa: SECTION 1. Power brakes and sanding appliances on double truck cars. Every person, partnership, company or corporation owning or operating a street railway in this state shall equip all of its double truck passenger cars with power brakes other than hand, capable of bringing such cars to a stop within a reasonable distance, together with equipment for sanding the rails, which brake and sand equipment shall be so constructed as to be operated by the motorman on the car operated by him; provided, however, that no street railway shall be required to equip more than one-half of such cars now in operation and not so equipped before January 1, 1912, and all of such cars shall be equipped before January 1, 1913. SEC. 3. Applicable to certain single truck cars. All single truck passenger cars over thirty-two (32) feet in length hereafter installed in service upon street railways shall be equipped and operated with the appliances provided for double truck cars in section one (1) of this act. SEC. 3. Penalty. Any person failing to comply with the terms of this act shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than twenty-five dollars ($25.00) and each day's operation of any car in violation of the terms of this act shall constitute a separate offense. Approved April 15, A. D. 1911. CHAPTER 39. ISSUANCE OF BRIDGE BONDS BY CITIES OF THE FIRST CLASS. H. F. 113. AN ACT authorizing the issue of bridge bonds by cities of the first class. [Additional to chapter six (6) of title five (V) of the code, relating to streets and public grounds.] Be it Enacted by the General Assembly of the State of Iowa: SECTION 1. Bridge bonds-payable in installments-debt limitation. That cities of the first class are hereby authorized to contract indebtedness and to issue bonds for the purpose of constructing bridges. Such bonds shall be payable in not exceeding twenty (20) annual installments and bear interest at not exceeding five (5) per centum per annum, and shall be made payable at such place and be of such form as the city council shall by ordinance designate. But no city shall become indebted in excess of five (5) per centum of the actual value of the taxable property of said city as shown by the last preceding assessment roll. CH. 40] LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY SEC. 2. Additional power. This act shall be construed as granting additional power without limiting the power already existing in cities of the first class. SEC. 3. In effect. This act being deemed of immediate importance shall take effect and be in force from and after its publication in the Register and Leader and Des Moines Daily News, newspapers published in the city of Des Moines, Iowa. Approved February 15, A. D. 1911. I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Daily News February 17, 1911. W. C. HAYWARD, Secretary of State. CHAPTER 40. STREET IMPROVEMENTS AND SEWERS. S. F. 178. AN ACT amending sections eight hundred and ten (810); eight hundred and thirteen (813) and nine hundred and sixty-five (965) of the code and relating to making sewer and street improvements, and the kinds of materials to be used therein. Be it Enacted by the General Assembly of the State of Iowa: SECTION 1. Kinds of material. That section eight hundred and ten (810) of the code be amended by substituting for the word "kind" in the fourth and sixth lines thereof the words "one or more kinds". SEC. 2. Same. That section eight hundred and thirteen (813) of the code be amended by substituting for the word "kind" in the fifth line thereof the words "one or more kinds". SEC. 3. Same. That section nine hundred and sixty-five (965) of the code be amended by substituting for the word "kind" first appearing in line four, and for the words "kind of material" in lines four and five, and for the words "kinds of materials" in lines twelve, eighteen and nineteen, and for the word "kind" first appearing in line eighteen, the words "one or more kinds of material". SEC. 4. In effect. This act being deemed of immediate importance shall take effect and be in force from and after its publication in the Register and Leader and Des Moines Daily Capital, newspapers published at Des Moines, Iowa. Approved April 1, A. D. 1911. I hereby certify that the foregoing act was published in the Des Moines Capital April 1, 1911, and in the Register and Leader April 3, 1911. W. C. HAYWARD, LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY [CH. 42 CHAPTER 41. PUBLICATION OF PRELIMINARY NOTICE OF STREET IMPROVEMENTS IN TOWNS. S. F. 477. AN ACT to amend section eight hundred and ten (810), of the code, in relation to publication of preliminary notice of street improvements in towns. Be it Enacted by the General Assembly of the State of Iowa: SECTION 1. Notices posted. Section eight hundred and ten (810), of the code is hereby amended by adding thereto the following: "But if no such newspaper is published within the limits of the corporation then such notice may be given by posting copies thereof in three public places within the limits of the corporation, two of which places shall be the post office and the mayor's office of such city or town." SEC. 2. In effect. This act being deemed of immediate importance shall take effect from and after its publication in the Register and Leader and Des Moines Capital, newspapers published in the city of Des Moines, Iowa. Approved April 10, A. D. 1911. I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital, April 11, 1911. W. C. HAYWARD, CHAPTER 42. PUBLICATION OF NOTICE OF BIDS AND NOTICE OF ASSESSMENT FOR STREET IMPROVEMENTS. H. F. 604. AN ACT to amend section eight hundred and thirteen (813) of the code, relating to publication of notice of bids for street improvements and to amend section eight hundred twenty-three (823) of the supplement to the code, 1907, relating to publication of notice of assessment of street improvements. Be it Enacted by the General Assembly of the State of Iowa: SECTION 1. Notice of bids posted-when. That section eight hundred and thirteen (813) of the code be, and the same is hereby amended by striking out the period (.) after the word "ordered" in the eighth line thereof and inserting a semi-colon (;) and by adding thereto the following: "provided, however, that if no newspaper is published within the limits of such city or town then such notice may be given by posting the same in three public places within the limits of such city or town, two of which such places shall be the post-office and the mayor's office of such city or town." SEC. 2. Notice of assessment posted-when. That section eight hundred and twenty-three (823) of the supplement to the code, 1907, be, and the same is hereby amended by striking out the comma (,) following the word, "sewer" in the fifth line thereof and inserting a semi-colon (;), and adding thereto the following;-"but if no such newspaper is published within the limits of such city or town then such notice may be given by posting copies thereof in three public places within the limits of such city or town, two of which such places shall be the post-office and the mayor's office of such city or town.' |