CH. 22] LAWS OF THE THIRTY-FIRST GENERAL ASSEMBLY. and moneys paid out shall be made under oath by each of such trustees and filed with the secretary and allowed only by the affirmative vote of the full board. Said board of trustees shall be vested with authority to provide for the management, control and government of such city hospital and shall provide all needed rules and regulations for the economic conduct thereof. In the management of said hospital no discrimination shall be made against practitioners of any school of medicine recognized by the laws of the state of Iowa. SEC. 3. Question submitted-tax-how levied and collected-hospital fund. The council of such city may by resolution submit to the qualified electors of the same at a regular or special election, the question whether there shall be levied upon the assessed property thereof a tax not exceeding three mills on the dollar in cities having a population of over twenty-two thousand not exceeding two mills on the dollar in cities having a population of over twelve thousand five hundred and less than twenty-two thousand, for the purchasing of real estate for hospital purposes, and for the construction of such hospital and for maintaining the same, or for either or all of such purposes. The said proposition shall be submitted in the manner provided for similar propositions in the chapter on elections. The council shall in the resolution ordering such election, specify the rate of taxation proposed and the number of years the same shall be levied not exceeding (15) fifteen years. If a majority of the votes cast at such election on the proposition so submitted shall be in favor of the proposition for taxation the council shall levy the tax so authorized which shall be collected and paid over to the treasurer of such hospital board in the same manner as other taxes are collected. Such taxes shall be known as a "hospital fund" and shall be paid out on the order of the trustees for the purposes authorized by this act and for no other purpose whatever. SEC 4. Bonds. Whenever any city having a population of over twelve thousand five hundred shall by ordinance provide for the election of hospital trustees, and has voted a tax for a term of years not exceeding (15) fifteen years, for hospital purposes as authorized by law, the said city may issue bonds in the name of such city in anticipation of the collection of such tax in such sums and amounts as the city council thereof may deem necessary for the purposes contemplated by such tax, but such bonds in the aggregate shall not exceed the amount which might be realized by said tax based on the amount which may be yielded on the property valuation in the year in which the tax is voted, and such bonds shall mature in fifteen years from date, and shall be in sums of not less than one hundred, nor more than one thousand, dollars, bearing interest at a rate not exceeding five per cent. per annum, payable annually or semi-annually; said bonds may be payable at pleasure of city after five years and shall not be sold for less than par. Said city, after the issuance of any such bonds shall each year for 10 years before the maturity thereof, set aside out of the tax levied by it a sum equal to onetenth of the principal thereof, which sum shall be applied after five years from date of issue in payment of the principal whenever the amount on hand shall be sufficient to pay one or more of said bonds and each of said bonds shall provide that it is subject to this condition. If the board of hospital trustees SEC. 5. Condemnation proceedings. and the owners of any property desired by them for hospital purposes cannot agree as to the price to be paid therefor, the city council of said city shall cause the same to be condemned in the manner provided for taking land for public purposes by cities. SEC. 6. Jurisdiction of cities over hospital lands. The jurisdiction of such cities and towns shall extend over all lands used for hospital purposes without the corporate limits if so located, and all ordinances of such cities and towns shall be in full force and effect in and over the territory occupied by such hospitals. LAWS OF THE THIRTY-FIRST GENERAL ASSEMBLY. [CH. 23 In SEC. 7. Appropriation for improvements and maintenance. cities exercising the rights by this act, the council may appropriate each year, not exceeding five per cent. of its general fund for the improvement and maintenance of any hospital so established. SEC. 8. Indebtedness. Cities of the second class shall be allowed to become indebted for the purposes provided in this act to an amount aggregating with all other indebtedness of the said city, in a sum not exceeding two and one-half per centum of the actual value of the property within said city, to be ascertained by the last state and county tax list previous to the incurring of such indebtedness, provided that before an indebtedness shall be contracted in excess of one and one-fourth per centum of the actual value of the taxable property ascertained as provided in section two of chapter 41 as found in section 1306-b of the supplement to the code, a petition signed by a majority of the qualified electors of such city shall be filed with the council of such city, asking that an election shall be called, stating the purposes for which the money is to be used and that the said hospital cannot be purchased, built or maintained within the limit of one and one-fourth per centum of valuation of the taxable property of such city. If two-thirds of all the electors voting at such election, vote in favor of such indebtedness at such election, the council of such city shall issue the bonds as provided in this act to the limit as herein provided. SEC. 9. In effect. This act, being deemed of immediate importance, shall be in force from and after its publication in the Register and Leader and in the Des Moines Daily Capital, newspapers published in the city of Des Moines. Approved April 9, A. D. 1906. I hereby certify that the foregoing act was published in the Des Moines Daily Capital April 13, 1906 and the Register and Leader, April 16, 1906. W. B. MARTIN, CHAPTER 23. PURCHASE AND CONSTRUCTION OF WATERWORKS. 8. F. 134. AN ACT to amend the law as it appears in section seven hundred and forty-five (745) of the supplement to the code, relating to the purchase or erection of water works by cities and conferring additional powers with reference thereto. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Additional powers for cities of first class. The law, as it appears in section seven hundred and forty-five (745) [of] the supplement to the code, is hereby amended by adding thereto the following: "Cities of the first class which have adopted or may adopt an ordinance availing themselves of the privileges conferred herein, shall in addition thereto have and possess the following powers: A-In addition to mortage on the water plant to secure the bonds hereinbefore authorized, the said city may in addition to the security of said mortgage and as a part thereof, grant a franchise to maintain and operate said plant on foreclosure sale under said mortgage, said franchise to become effective only on the passing of title under the said foreclosure sale and to continue for a period of not exceeding twenty-five (25) years thereafter, providing that the granting of such franchise shall be approved by a majority of the electors of said city, voting at an election thereon, which election shall be held as provided in section seven hundred and forty-six (746), supplement of the code. B-They shall have power to issue the general bonds of the city creating an indebtedness of said city to an amount which, with its other existing CH. 24] indebtedness, shall not exceed five per cent (5%) of the actual value of the taxable property of said city, as shown by the last preceding assessment. The said bonds or proceeds of sale thereof to be used in the purchase or construction of a water plant, as herein provided, provided, however, that such bonds can be issued by order of the city council of said city only after a contract for the purchase or construction of a water plant and providing for the issuance of such bonds has been approved by the majority of the electors of said city voting at an election thereon to be held in accordance with the provisions of section seven hundred and forty-six (746), sup plement of the code. Neither the said bonds nor the proceeds thereof shall be diverted to an other purpose than as herein provided. Said cities may purchase or contract a water plant and pay for the same partly out of the water bonds and partly out of the general bonds herein provided, or wholly out of either class of bonds or proceeds thereof, as such city may determine, The general bonds of the city herein provided shall bear interest at not exceeding five per (5%) cent per annum, payable semi-annually, and shall be payable not more than twenty (20) years after date and in the general form of bonds provided by section four hundred and three (403) of the code, with such changes as may be necessary to conform the same to this statute and the ordinances or contract of the city under which they are issued. Acts in conflict repealed. All acts and parts of acts, so far as LAWS OF THE THIRTY FIRST GENERAL ASSEMBLY. the same are in conflict with the foregoing, are hereby repealed. SEC. 3. In effect. This act, being deemed of immediate importance, shall be in effect from and after its publication in the Register & Leader and the Des Moines Daily Capital, newspapers published in the city of Des Moines, Iowa. Approved April 5, A. D. 1906 I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Daily Capital April 11, 1906. W. B. MARTIN, Secretary of State. CHAPTER 24. SEWERS IN CITIES AND TOWNS. H. F. 187. AN ACT to repeal chapter thirty-one (31) of the laws of the Thirtieth General Assembly and to enact a substitute therefor relating to sewers in cities and in incorporated towns. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Statutes applicable to towns. That chapter thirty-one. (31) of the laws of the Thirtieth General Assembly be and the same is hereby repealed and the following enacted in lieu thereof: That all of the provisions of section[s] seven hundred and ninety-two (792) to section eight hundred and forty-nine (849) inclusive, of chapters seven (7) and eight (8) of title five (5) of the code and that subdivision three (3) of section eight hundred and ninety four (894) of the code granting to cities of the first and second classes the power to construct sanitary sewers and assess the cost of the same to the real property abutting on, adjacent to or benefited by such sewers, and providing for a tax on the assessed valuation of all property therein when the entire city comprises one sewer district. shall be applicable and apply to incorporated towns." SEC. 2. 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 the Des Moines Daily Capital, newspapers published in Des Moines, Iowa. Approved April 9, A. D. 1906. LAWS OF THE THIRTY-FIRST GENERAL ASSEMBLY. [CH. 26 I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Daily Capital, April 14, 1906. W. B. MARTIN, CHAPTER 25. STREET IMPROVEMENTS, SEWERS AND PRELIMINARY NOTICES OF SEWER IMPROVEMENTS. B. F. 349. AN ACT to amend section eight hundred one (801) of the code relating to street improvements, sewers and preliminary notices of sewer improvements. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Publication of notices. That section eight hundred one (801) of the code be and the same is hereby amended by adding the following at the close of said section, to-wit: "In the event that there is no daily newspaper published in the city or town then the notices provided for by section eight hundred one (801) of the code may be given by one publication thereof in a weekly newspaper of general circulation published in such city or town. Such publication to be made at least five, and not exceeding ten, days prior to the hearing or meeting referred to in said section." SEC. 2. 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 the Des Moines Daily Capital, newspapers published at Des Moines, Iowa. Approved April 9, A. D. 1906. I hereby certify that the foregoing act was published in the Des Moines Daily Capital, April 13, 1906, and the Register and Leader, April 19, 1996. W. B. MARTIN, CHAPTER 26. CONSTRUCTION OR REPAIR OF MAIN SEWERS IN CITIES OF THE FIRST CLASS. H. F. 233. AN ACT granting additional powers to cities of the first class in levying taxes and providing means for the making, reconstruction, or repair of main sewers, defining main sewers, and making certain parts of the code applicable thereto. [Additional to chapter seven (7) of title five (V) of the code, relating to street improvements, sewers and special assessments.] Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Main sewer fund. Any city of the first class shall have power to levy annually a tax not exceeding five (5) mills on the dollar on the assessed valuation of all property therein, for a main sewer fund, to be used to pay the whole or any part of the cost of the making, reconstruction or repair of any main sewer within the limits of the city. SEC 2. Term defined. A "main sewer" as referred to in this act shall be held to mean any sewer that is commonly referred to by any one of the following terms: "intercepting sewer, out-fall sewer, or trunk sewer." SEC. 3. Statutes applicable. The provisions of chapter seven (7), of title five (5), of the code shall be applicable to providing for the making, reconstruction or repair of main sewers, the whole or any part of the cost of the making, reconstruction or repair of which shall be ordered paid from the main sewer fund herein provided for, to the same extent and in the same CH. 28] LAWS OF THE THIRTY-FIRST GENERAL ASSEMBLY, manner as the provisions of said chapter seven (7), of title five (5), of the code are now applicable to providing for the making, reconstruction or repair of sewers, the whole or any part of the cost of the making, reconstruction or repair of which may be ordered paid from the city sewer fund. SEC. 4. Same-main sewer certificates or bonds. The provisions of chapter twelve (12), of title five (5), of the code shall be applicable to taxes. authorized to be levied for the main sewer fund. Certificates or bonds issued in anticipation of the collection of taxes authorized to be levied for the main sewer fund shall be denominated "main sewer certificates" or "main sewer bonds". SEC. 5. Aggregate tax for all sewer funds. The aggregate tax levied by any city of the first class in any one year for a city sewer fund, a district sewer fund, and a main sewer fund, shall not exceed (8) mills on the dollar on the assessed valuation of all the property therein. SEC. 6. 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 the Des Moines Daily Capital, newspapers published at Des Moines, Iowa. Approved April 9, A. D. 1906. I hereby certify that the foregoing act was published in the Des Moines Daily Capital, April 14, 1906, and the Register and Leader, April 24, 1906. W. B. MARTIN, CHAPTER 27. PARK COMMISSIONERS. S. F. 218. AN ACT to amend section eight hundred fifty-five (855) of the code, relative to park commissioners and their powers. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Mortgage of real estate to secure bonds. Section eight hundred fifty-five (855) of the code be, and hereby is amended by striking out the word "such" in the fifth line, and inserting in lieu thereof the word "any", and by inserting after the words "real estate" in the same line the words "held by them as trustees". SEC. 2. 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 5, A. D. 1906. I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Daily Capital, April 11, 1906. W. B. MARTIN, CHAPTER 28. PARK COMMISSIONERS. 8. F. 224. AN ACT to amend the law as it appears in chapter thirty-six (36) of the laws of the 30th General Assembly relating to park commissioners. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Compensation. That the law as it appears in section (1) of chapter thirty-six (36) of the laws of the 30th General |