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Publication.

the words "and cities of the second class having a population of more than ten thousand inhabitants according to the census of 1885" and by inserting after the word "first" and before the word "class" in the second line of Section Six of said Chapter the words "and second ".

SEC. 2. This Act being deemed of immediate importance shall take effect and be in force from and after its publication in the Iowa State Register and Des Moines Leader newspapers published at Des Moines, Iowa.

Approved April 5, 1890.

I hereby certify that the foregoing act was published in the Iowa
State Register and Des Moines Leader April 10, 1890.
FRANK D. JACKSON, Secretary of State.

CHAPTER 10.

H. F. 216.

Cities of the second class included.

CONSTRUCTION OF SEWERS.

AN ACT to Extend to Cities of the Second Class Having More Than 3,000 Population the Provisions of Chapter 162. Acts of the 17th General Assembly.

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

SECTION 1. Of Chapter 162, of the Acts of the 17th General Assembly is hereby amended, by inserting after the word "Class" in line 1, of Section 1, the words "and cities of the Second class having a population of three thousand and upwards according to the last preceding State or national census".

Approved April 30, 1890.

CHAPTER 11.

STREET RAILWAYS.

AN ACT conferring upon cities and Incorporated Towns certain ad- S. F. 325.
ditional powers relating to the construction of street railways and
to define the motive power thereof.

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

ize or forbid

SECTION 1. All cities and incorporated towns, including May authorcities acting under Special charters, shall have the power to construction. authorize or forbid the construction of street railways, within their limits, and may define the motive power by which the Motive power. cars thereon shall be propelled, including animal-electricity, steam, or other power, whether now known or hereafter util

ized.

SEC. 2. All ordinances or resolutions of such cities or in- Certain rights legalized. corporated towns heretofore enacted, granting to any person or company the right to propel its cars by electricity are hereby declared legal and valid. Provided that nothing in this act shall effect [affect] present or pending litigation or any vested rights.

SEC. 3. This act being deemed of immediate importance Publication. shall take effect and be in force from and after its publication in the Iowa State Register and Des Moines Leader newspapers published at Des Moines Iowa. Approved April 24, 1890.

I hereby certify that the foregoing act was published in the Iowa State Register April 30, 1890, and the Des Moines Leader April 29, 1890. FRANK D. JACKSON, Secretary of State.

H. F. 55.

Census of 1885

CHAPTER 12.

FUNDING CITY INDEBTEDNESS.

AN ACT to Amend Section One (1) of Chapter Seventeen (17), Laws of the Twenty Second General Assembly.

Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That Section One (1) of Chapter Seventeen (17) stricken out. of the Laws of the Twenty Second General Assembly be amended by striking out the words "census of 1885 in line 3 of said Section 1, Chapter 17, and inserting in lieu thereof the words, "last preceding census of the United States or of the State of Iowa."

Approved April 1st, 1890.

CHAPTER 13.

S. F. 260.

Part repealed

Substitute.

Limit of

bonds 5 per cent.

Aggregate indebtedness.

ISSUE OF WATER WORKS BONDS.

AN ACT to repeal section one of Chapter Ten of the Laws of the Twenty Second General Assembly, and to enact a substitute therefor.

Be it enacted by the Genesal Assembly of the State of Iowa: SECTION 1. That section number one of chapter number ten of the laws of the 22nd General Assembly be and the same is hereby repealed, and the following enacted in lieu thereof:

Section 1. In all cases when a city of the second class, or an incorporated town, has determined, or hereafter may determine, to erect water works, to be owned and operated by the city or town, as provided for in section 471 of the Code, it shall be lawful for such city or town to issue its bonds to procure the money for such purpose to an amount not exceeding five per cent. upon the taxable property of such city or town, as shown by the last regular assessment thereof prior to the issuance of such bonds; but in no case shall the aggregate indebtedness of such city or town be increased by the issuance of such bonds,

beyond the limit of indebtedness fixed by the consti-
tution of the state; and no money procured upon
the issue of such bonds shall be used for any other
purpose than the erection of such water works. No
such bond shall bear greater rate than six per cent.
interest, nor shall be drawn to run more than twenty
years.

Interest.

SEC. 2. This act being deemed of immediate importance, Publication. shall take effect and be in force from and after its publication in the Iowa State Register and Des Moines Leader, newspapers published in Des Moines Iowa.

Approved March 28, 1890.

I hereby certify that the foregoing act was published in the Iowa State Register April 2, and Des Moines Leader April 1, 1890.

FRANK D. JACKSON, Secretary of State.

CHAPTER 14.

PAVING, CURBING AND SEWER CONTRACTS.

AN ACT Making further provisions with respect to contracts by H. F. 75.
cities organized under special charters for paving and curbing
streets, and the construction of sewers and the making and col-
lection by such cities of assessments and the issuance of bonds or
certificates by such cities to pay for such improvements.

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

SECTION 1. That all Cities in this State organized and ex- Special charisting under Special Charter, shall have all the powers and be ter cities. subject to the provisions of this act.

material.

SEC. 2. When the Council of any such City shall direct the Contract for paving and curbing of any street or streets, or the construction of any sewers, such Council or the Board of Public Works in case such Board shall exist, shall make and enter into contracts for furnishing materials, and for the curbing paving surface with any composition patented or otherwise or sewering as the case may be, either for the entire work in one contract or parts thereof in separate and specified sections as to them may seem best.

SEC. 3. All such contracts shall be made by the Council or the Board of Public Works when such Board shall exist, in the name of the City, and shall be made with the lowest bidder or bidders upon sealed proposals after public notice for not less than ten days in at least two newspapers of said City, which notice shall state as nearly as practicable the extent of

Contractshow made.

Contractors' bond.

Engineerduty of.

Provisions for payment of costs.

Bonds to issue.

Registration of bonds.

Sale of bonds.

the work, the kind of materials to be furnished, when the work shall be done, and at what time the proposals shall be acted

upon.

SEC. 4. Each contractor shall be required to give bond to the city with sureties to be approved by the Council, or by the Board of Public Works where such board shall exist, for the faithful performance of the contract, and the Council of such Board shall have power to institute suit in the name of the City to enforce all such contracts.

SEC. 5. It shall be the duty of the City Engineer to furnish the Council or Board of Public Works in case such Board shall exist, with proper grades and lines, and see that the work is done in accordance with the ordinances and regulations of the City, with respect to said grades and lines.

SEC. 6. For the purpose of providing for the payment of the cost and expenses of any such improvement or improvements, the Council or Board of Public Works in case such Board shall exist, shall be authorized from time to time as the work progresses, to make requisitions upon the Mayor of the City, for the issue of bonds of the City in such sums as shall be deemed best, and it shall be the duty of the Mayor to make and execute bonds accordingly in the name of the City, to an amount not exceeding the amount of the contract price of any such improvement and the incidentals attending the same. Said bonds shall bear the name of the place or places improved, and shall be signed by the mayor and countersigned by the City Clerk, or City recorder as the case may be and sealed with the corporation seal of the City, and shall all bear the same date and be payable seven years after date, and be redeemable at any time at the option of the city and shall bear interest at the rate of not exceeding six per cent per annum, payable semi annually.

SEC. 7. When such bonds shall have been issued by the Mayor and sealed with the corporation seal of the city, they shall be delivered to the City Clerk or city recorder as the case may be, who shall register them in a book to be kept for that purpose and countersigned and then delivered to the Committee or person authorized to negotiate the same, taking receipt therefor.

SEC. 8. Said Committee or person authorized to negotiate said bonds, shall negotiate the same in such manner as they, or he may deem best and for such prices as may be obtainable for the same not less the par, and shall pay all moneys received therefrom to the treasurer of the city, and report to the city clerk or city recorder as the case may be the number of bonds sold, and the amount received therefor, and before delivering the same to the purchaser said bonds shall be countersigned by the person or Committee authorized to negotiate the same.

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