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CH. 44]

LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY

SEC. 3. In effect. This act being deemed of immediate importance shall take effect and be in full force from and after its publication in the Register and Leader and the Des Moines Capital, newspapers published in the city of Des Moines, Iowa.

Approved April 15, A. D. 1911.

I hereby certify that the foregoing act was published in the Des Moines Capital April 20, 1911, and in the Register and Leader April 21, 1911.

W. C. HAYWARD,
Secretary of State.

CHAPTER 43.

STREET IMPROVEMENTS IN INCORPORATED TOWNS.

H. F. 101.

AN ACT authorizing street improvements in incorporated towns and providing for the levy of special assessments therefor, and the repeal of chapter fifty-three (53) of the acts of the thirty-third (33rd) general assembly.

Be it Enacted by the General Assembly of the State of Iowa:

SECTION 1. Repeal-street improvements authorized. That the law as it appears in chapter fifty-three (53) of the acts of the 33d general assembly be, and the same is hereby repealed, and the following enacted in lieu thereof:

"That incorporated towns shall have and exercise the powers conferred by chapter seven (7) title (V) of the code, for the construction of street improvements authorized in section seven hundred and ninety-two (792) of the code, whenever four-fifths of all of the members of the council by vote. assent thereto, or when the same be petitioned for by the owners of the majority of the linear front feet of the property abutting thereon."

SEC. 2. In effect. This act being deemed of immediate importance shall be in full force and effect from and after its publication in the Register and Leader and Des Moines Capital, newspapers published in Des Moines, Iowa. Approved March 14, A. D. 1911.

I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital March 15, 1911.

W. C. HAYWARD,
Secretary of State.

CHAPTER 44.

TAX LEVY FOR PARK PURPOSES.

H. F. 283.

AN ACT to amend the law as the same appears in section one (1) of chapter fiftyseven (57), acts of the thirty-third (33) general assembly of Iowa relating to tax levy for park purposes.

Be it Enacted by the General Assembly of the State of Iowa:

SECTION 1. Additional levy in certain cities for certain years. That section one (1) of chapter fifty-seven (57) of the acts of the thirty-third general assembly of Iowa be, and the same is hereby amended by striking out the figures "1909", "1910" and "1911" in the eighth line of said section, and inserting in lieu thereof the figures "1911", "1912", and "1913”. ·

Approved April 1, A. D. 1911.

LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY

[CH. 46

CHAPTER 45.

PLATS OF ADDITIONS TO CITIES OR TOWNS.

S. F. 343.

AN ACT to repeal section nine hundred and sixteen (916) of chapter thirteen (13), title five (5), of the code, relating to the approval of plats of additions to cities or towns, by city and town councils and to enact a substitute therefor.

Be it Enacted by the General Assembly of the State of Iowa:

SECTION 1. Repeal-plats of additions-approval by council. That section nine hundred and sixteen (916) of chapter thirteen (13), title five (5), of the code be and the same is hereby repealed and the following is enacted as a substitute therefor:

"All plats of additions to any city or town, or sub-division of any part or parcels of lands lying within or adjacent to any city or town, shall be divided by streets into blocks and such blocks and streets shall conform as nearly as practicable to the size of blocks and the width of streets in such city or town. And such streets shall be extensions of the existing system of streets thereof. All plats of such additions or sub-divisions except sub-divisions of less than one (1) block, before being recorded shall be filed with the clerk of such city or town and when so filed, the council within a reasonable time shall consider the same and if it is found that such plat conforms to the provisions hereof, the council shall direct the mayor and clerk to certify its resolution of approval which shall be affixed to said plat before it shall be received for record by the county recorder. The council shall have power to require alleys to be platted separating abutting lots and if so platted, said alleys shall conform as nearly as practicable to the width of alleys in said city or town and shall be extensions of the existing system of alleys." Approved April 15, A. D. 1911.

CHAPTER 46.

PARK COMMISSIONERS IN SPECIAL CHARTER CITIES.

H. F. 281.

AN ACT to amend title five (V) chapter fourteen (14) of the code and amendments thereto relating to park commissioners in special charter cities, repealing sections nine hundred ninety-one (991) to nine hundred ninety-six (996) inclusive of the code and amendments thereto, and enacting substitutes therefor, and to make sections eight hundred fifty-b (850-b) to eight hundred fifty-n (850-n) inclusive, supplement to the code, 1907, as amended by chapters fifty-six (56), fifty-seven (57) and fiftyeight (58) laws of the thirty-third general assembly, and section eight hundred fiftytwo (852) supplement to the code, 1907, relating to park commissioners, their powers and duties and the assessment levy and collection of taxes, applicable to cities acting under special charters.

Be it Enacted by the General Assembly of the State of Iowa:

SECTION 1. Repeal. That sections nine hundred ninety-one (991) to nine hundred ninety-six (996) inclusive, of the code, and amendments thereto be, and the same are hereby repealed, and the following enacted in lieu thereof: "SEC. 2. Park commissioners-election-term-powers and duties. There shall be elected at the regular municipal election in each city acting under special charter, and containing a population of 40,000 or over, and all other special charter cities may by ordinance provide for the election of three (3)

CH. 46]

LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY

park commissioners whose terms of office shall be six (6) years; one to be elected at each regular municipal election. At the first regular municipal election after the passage hereof, three (3) commissioners shall be elected, and shall hold their office respectively for two (2) four (4) and six (6) years; their respective terms to be decided by lot, and their successor shall be elected for the full term of six (6) years; provided, however, that in all such cities under special charter, and containing a population of less than 40,000, not now having park commissioners the ordinance establishing such park commissioners shall not be in force until it has been submitted to the voters at a special or regular municipal election, and approved by a majority of the votes cast at such election; and provided further, that in all such cities under special charter containing a population of 40,000 or over, in which there already exists a board of three (3) park commissioners whose term of office is six (6) years, and one of the members of which board is elected every two (2) years at each regular municipal election, the three (3) commissioners at present holding the office of park commissioners in such cities, are hereby made the commissioners in such city in accordance with the provisions of this act, and they and their successors shall have and exercise all the powers and duties of park commissioners within the provisions of this act.'

SEC. 3. Applicable to special charter cities. Section eight hundred fifty-b (850-b) eight hundred fifty-d (850-d) eight hundred fifty-g (850-g) eight hundred fifty-h (850-h) eight hundred fifty-i (850-i) eight hundred fifty-k (850-k) eight hundred fifty-1 (850-1) eight hundred fifty-m (850-m) eight hundred fifty-n (850-n) of the supplement to the code, 1907; section eight hundred fifty-c (850-c) of the supplement to the code, 1907, as amended by chapter fifty-six (56) and chapter fifty-seven (57) of the laws of the thirtythird (33rd) general assembly, and section eight hundred fifty-e (850-e) of the supplement to the code, 1907, as amended by chapter fifty-six (56) of the laws of the thirty-third (33rd) general assembly; section eight hundred fifty-f (850-f) of the supplement to the code, 1907, as amended by chapter fifty-six (56) of the laws of the thirty-third (33rd) general assembly; section eight hundred fifty-j (850-j) of the supplement to the code, 1907, as amended by chapter fifty-eight (58) of the laws of the thirty-third (33rd) general assembly, and section eight hundred fifty-two (852) of the supplement to the code. 1907, as amended by chapter fifty-seven (57) of the laws of the thirtythird (33rd) general assembly, are hereby made applicable to cities acting under special charter.

SEC. 4. In effect. This act being deemed of importance shall take effect and be in force from and after its publication in the Register and Leader, and the Des Moines Capital, newspapers published in Des Moines, Iowa. Approved March 24, A. D. 1911.

I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital, March 25, 1911.

W. C. HAYWARD,
Secretary of State.

LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY

[CH. 48

CHAPTER 47.

LEVY OF TAXES IN SPECIAL CHARTER CITIES.

S. F. 231.

AN ACT to repeal section one thousand three (1003) of the code and enact a substitute therefor, relative to the levy of taxes in special charter cities.

Be it Enacted by the General Assembly of the State of Iowa:

SECTION 1. Repeal-taxes-levy of. That section one thousand three (1003) of the code be, and the same is hereby repealed and the following is enacted as a substitute therefor:

The council shall levy a tax for the year then ensuing for the purpose of defraying its general or incidental expenses, which shall not exceed eight mills on the dollar of the assessed valuation of all taxable property in the city, but the aggregate of such levy, together with all levies for special purposes as hereinafter authorized, shall not exceed in any city in any one year, sixteen mills, excluding city and district sewer tax, road district tax, and any tax levied to pay the principal or interest on any bonds issued by such city, or tax levied to pay judgments, or taxes authorized for library, park or bridge purposes."

Approved April 5, A. D. 1911.

CHAPTER 48.

FIRE FUND IN SPECIAL CHARTER CITIES.

H. F. 402.

AN ACT to amend section one thousand five (1005) of the supplement to the code, 1907, with additional provisions in regard to the fire fund.

Be it Enacted by the General Assembly of the State of Iowa:

SECTION 1. Money arising from sale of buildings, grounds or apparatus. That sub-division four (4) of section one thousand five (1005) of the supplement to the code, 1907, be, and the same is hereby amended by adding thereto the following:

"provided, that where a paid fire department is maintained, all money derived from the sale of any buildings, grounds or apparatus of such fire department which was originally paid for out of the fire fund, shall belong to said fire fund."

Approved April 6, A. D. 1911.

CH. 49]

LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY

CHAPTER 49.

IMPROVEMENT OF WATER FRONTS IN SPECIAL CHARTER CITIES.

H. F. 220.

AN ACT to amend the law as it appears in chapter sixty (60) of the laws of the thirtythird general assembly, relating to the improvement of water fronts in special charter cities, and conferring additional powers upon such cities. [Additional to chapter fourteen (14) of title five (V) of the code, relating to cities under special charter.] Be it Enacted by the General Assembly of the State of Iowa:

SECTION 1. Levee improvement commission-term-bond. The law as it appears in chapter sixty (60) acts of the thirty-third general assembly be and the same is hereby amended by adding at the end of said chapter the following:

"Any city acting under special charter may establish a levee improvement commission to consist of the mayor, who shall be its chairman, the commissioner of the board of public works, and not more than three other persons to be appointed by the mayor with the approval of the city council. The appointive members shall be residents and qualified electors of the city, and shall hold no other official position in the city, and no member shall receive any salary for his services as a member of such commission. Their term of office shall be fixed by ordinance and shall not exceed six years. Before entering upon their office the appointive members shall each execute a bond in favor of the city in the penal sum of two thousand ($2,000.00) dollars, with approved fidelity company, surety for the faithful performance of their duties. The expense of this bond shall be paid out of the levee improvement fund.

"SEC. 2. Powers and duties of commission-treasurer. The levee improvement commission shall have full charge and supervision of all improvements of the water front along any river within the corporate limits of the city. It shall have exclusive charge and control of the levee improvement fund and of all moneys derived from the sale of bonds issued by the city council for the purpose of carrying on the work of making water front improvements. It shall pay out of these funds only for the purposes named. The city treasurer shall be the treasurer of the levee improvement commission. He shall keep the levee improvement funds and the moneys derived from the sale of bonds for water front improvements in a separate and distinct fund from which he shall pay no money except upon the order of the levee improvement commission signed by its chairman and secretary, and countersigned by the commissioner of the board of public works."

SEC. 3. In effect. This act being deemed of immediate importance shall be in force and effect after its publication in the Register and Leader, and the Des Moines Capital, newspapers published in Des Moines, Iowa, without expense to the state.

Approved March 24, A. D. 1911.

I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital, March 27, 1911.

W. C. HAYWARD,
Secretary of State.

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