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In force when.

SEC. 2. This act to be in force from and after its publication in the State Register, and State Leader. Approved, April 19th, 1872.

I hereby certify that the foregoing act was published in the Daily State Leader, April 23, and in the Daily Iowa State Regi ter, April 24, 1872.

CH. 160.]

ED WRIGHT, Secretary of State.

CHAPTER LXXVI.

[H. F. 17.

APRIL 19.

Presiden and

treasurer to be

in independent districts.

OFFICERS OF INDEPENDENT SCHOOL-DISTRICTS.

AN ACT to Amend Chapter Eight, Laws of the Thirteenth General
Assembly, relating to Independent School-Districts.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That, in all independent school-districts, elected annually, there shall be elected annually, in addition to the directors, as provided in section three, of said chapter eight, laws of the Thirteenth General Assembly, a president, and treasurer, who shall hold their office[s] for one year, and until their successors are elected and qualified. The president shall be a member of said board of directors, in which case the board shall elect, at their first regular meeting in each year, a secretary to be chosen outside of the board: ProProviso: 3 direc- vided, That in all independent school-districts, having a population of less than five hundred, there shall be three directors elected.

President a member of the board.

tors in smaller districts.

In force when.

SEC. 2. This act, being deemed of immediate importance by the General Assembly, shall take effect and be in force from and after its publication in the Iowa State Register, and Iowa State Leader, daily newspapers pub

lished at Des Moines.

Approved, April 19th, 1872.

I hereby certify that the foregoing act was published in the Daily Iowa Sote Register, and Daily State Leader, April 25, 1872.

ED WRIGHT, Secretary of State.

Сн. 161.]

CHAPTER LXXVII.*

[H. F. 438.

REFORM-SCHOOL TO BE ERECTED.

AN ACT to Permanently Locate the Iowa Reform-School, and to APRIL 19.
Provide for the Reception of Girls.

cated.

SECTION 1. Be it enacted by the General Assembly Reform school of the State of Iowa, That the Iowa Reform-School for permanently lojuvenile offenders shall be, and the same is hereby, permanently located.

location.

Requiremenrs of

SEC. 2. The Board of Trustees of said Reform-School Board to make are hereby instructed and required to make said location, of sufficient area for all probable demands of the institution, to be in a healthy plate, where fuel and building location, materials are abundant and cheap, and easily accessible from all parts of the State. The lands so selected shall be deeded to the State and properly recorded.

SEC. 3. The said Board shall, after advertising for at contract for necleast three weeks, contract for the erection of the necessary essary buildings. buildings for said institution, taking good and sufficient security for the faithful performance of said contracts.

SEC. 4. There is hereby appropriated, out of any money $45,000 approin the State treasury not otherwise appropriated, the sum priated. of forty-five thousand dollars, or so much thereof as may be needed for the purposes of this act.

SEO. 5. The said Board shall, as soon as practicable, School for girls. organize a school for girls in the buildings where the boys

are now kept. And for that purpose there is hereby ap- $5,000 appropri propriated the sum of five thousand dollars for the ex- ated. penses of the girls' school. All of the above moneys shall Report to be be accounted for by making an itemized report to the next made. General Assembly.

SEC. 6. This act, being deemed of immediate impor- In force when. tance, shall be in force after its publication in the Iowa State Register, and State Leader.

Approved, April 19th, 1872.

I hereby certify that the foregoing act was published in The Daily Iowa State Register, and State Leader, April 25, 1872.

ED WRIGHT, Secretary of State.

*See Chapter cxvi.

CH. 162.]

CHAPTER LXXVIII.

[H. F. 359.

APRIL 20.

Cities, towns,

and villages may construct and

maintain water

authorize the

same by individuals.

WATER-WORKS IN CITIES AND TOWNS.

AN ACT Authorizing Cities, incorporated Towns, and Villages, to construct, or cause to be constructed, Water-wo. ks.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That all cities, incorporated towns, and villages are hereby authorized and empowered to conworks: or may struct, maintain, and operate water-works, for the purpose of supplying pure water to such corporations and the citizens thereof, for domestic and manufacturing purposes, and the extinguishment of fires, and for such other purposes as may be thought desirable; or they may in their discretion authorize the construction, maintenance, and operation of such works by individuals or corporations, on such terms as may be agreed upon: Provided, That no Proviso: vote of such water-works shall be ordered to be erected, or any

the people, or four-fifths of council, necessary.

rate limits water.

contract entered into for the erection and maintaining of such water-works, except the same shall be ordered to be done by an affirmative vote of a majority of all the votes cast at any general or special city or town election, or by the affirmative vote of not less than four-fifths of the members of the council or trustees of such city or incorporated town.

SEO. 2. That in the construction of such works, and Corporations may the maintenance and operation thereof, such cities, towns, go beyond corpo- and villages, or the persons or corporations authorized to construct the same, are hereby empowered to go beyond the corporate limits of such city, town, or village, for the purpose of erecting, maintaining, and operating such works, and to procure a supply of pure water.

May protect same by ordi

nance.

Corporate jurisfor this purpose.

diction extended

SEC. 3. That said cities, towns, and villages may pass all needful rules and regulations for the protection of such works and for preventing the stream, source of supply, or reservoirs, from which water is taken and supplied to such works, from being polluted or in any way rendered impure, and may enforce such regulations by fine and imprisonment.

SEC. 4. That for the purpose of erecting and maintaining such works, and protecting the same from injury and the water from pollution, the jurisdiction of the city, incorporated town, or village (whether said works are constructed by said city, town, or village, or authorized to be constructed by persons or corporations,) shall extend over the territory occupied by such works, and all reservoirs, streams, trenches, pipes, and drains, used in and

necessary for the construction, maintenance, and operation of such works, and over the stream or source from which water is taken, for five miles above the point from which such water is taken: Provided, That such jurisdiction is granted for no other purpose than as above specified.

Proviso.

than twenty-five

SEC. 5. That, whenever the right to build, maintain, Grants to private and operate such works is granted to or conferred upon ure for not more private individuals or incorporated companies by said years. cities, towns, and villages, they may make such grant to inure for a term of not more than twenty-five years, and authorize such individual or company, so constructing such works, to charge and collect from each and every person supplied by them with water, such water-rent or rents as Water-rents. may be agreed upon between said person or corporation so building said works, and said city, town, or village granting such right; and such cities, incorporated towns, and villages are hereby authorized and empowered to enter into a contract, with said indvidual or company constructing said works, to supply said city, town, or village with water for fire purposes, and for such other purposes and sanitary as may be necessary for the health and safety of such purposes. municipal corporations, and to pay therefor such sum or sums as may be agreed upon between said contracting parties.

Water for fires,

condemn prop

thorize grantee to do so.

SEC. 6. Said cities, towns, or incorporated villages are Corporation may hereby authorized to take and condemn and appropriate so erty, or may aumuch private property as shall be necessary for the construction and operation of said water-works; and, when they shall anthorize the construction, maintenance, and operation thereof by individuals or corporations, they may confer, by ordinance, upon such person or corporation, the said power to take and appropriate private property for. said purposes.

condemnation.

SEC. 7. If the owner of property which shall be re- Proceedings in quired for the construction and operation of said works, shall refuse to grant the same, and the damages therefor cannot be settled by agreement, all damages which the owner, or any person having an interest in or improvement upon the property to be taken, will sustain by reason of the appropriation of said property, shall be assessed,

and said property taken on the application of either party Revision: ch, 55, under the provisions of article three, chapter fifty-five, of art. 3. the Revision of 1860, and the laws amendatory thereof.

SEC. 8. That all cities, incorporated towns, and vil- Water-rents to lages, constructing such works, are hereby authorized to be assessed.

thorized.

assess from time to time, in such manner as they shall deem equitable, upon each tenement or other place supplied with water, such water-rents as may be agreed upon; and at the regular time of levying taxes in each year, said city, town, and [or] village is hereby empowered to levy and cause to be collected, in addition to the taxes Special tax au- now authorized to be levied, a special tax on the taxable property in said city, town, or village, which tax, with the water-rents hereby authorized, shall be sufficient to pay the expenses of running and operating such works, and, if the right to build, maintain, and operate such works is granted to or conferred upon private individuals or incorporated companies by such cities, towns, or villages, and said cities, towns, and villages shall contract with said individuals or companies to supply them with water for any purpose, it shall be the duty of such city, town, or village entering into such contract, to levy each year, and cause to be collected, a special tax as provided for above, sufficient to pay off such water-rents so agreed to be paid to said individual or company constructing said Tax not to exceed works: Provided, however, That said tax shall not exceed five mills, nor to the sum of five mills on the dollar for any one year; nor perty wholly be shall the same be levied upon the taxable property of said city, which lies wholly without the limits of the benefit or protection of such works, which limit shall be fixed by the city council each year before making such levy.

be levied on pro

yond protection of works.

tive.

SEC. 9. This act shall apply to all cities, towns, or Act retrospec- villages, in the State of Iowa, which have now constructed, or are constructing, water-works, or have authorized individuals or corporations to construct the same: Provided, exist- however, That it shall not interfere with vested rights, or Impaired. ing contracts not in any way impair contracts already made with such cities, incorporated towns, and villages in regard to the construction of such works.

Proviso:

SEC. 10. This act, being deemed of immediate imporIn force when, tance, shall take effect and be in force from and after its publication in the Daily Iowa State Register, and Daily State Leader, newspapers published in Des Moines, Iowa. Approved, April 20th, 1872.

I hereby certify that the foregoing act was published in the Daily Iowa State Register, April 25, and in the Daily State Leader, April 27, 1872.

ED WRIGHT, Secretary of State.

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