Certificates may be negotiated. Agreement in consideration of right to pay in installments. Rate of inter est fixed by ordinance of city council. Penalty for failure to promise or ing, to pay. account of, and for the payment of the cost of any such improvement, and shall negotiate the same, or transfer to the contractor, or assigns all the right and interest of such city, to, in, and with respect to every such assessment, and shall authorize such bearer, contractor or assigns, to receive, sue for, collect or have collected, by, or through any of the methods provided by law for the collection of assessments for local improvements, including the provisions of this act, or the same may be paid by the tax payer to the city collector, who shall receipt therefor, and have the same applied to the payment of the certificate issued therefor. SEC. 16. Whenever the owner, or owners of any lot or lots, or any street railway, the assessment or assessments against which is or are embraced in any such bonds or certificate, shall severally promise and agree in writing endorsed on such bond or certificate, or in a separate agreement that in consideration of having the right to pay his, or their assessment, or respective assessments, in installments, they will not make any objection of illegality, or irregularity, as to their respective assessments, and will pay the same with interest thereon, at such rate, not exceeding six per cent per annum, as shall by ordinance or resolution of the city council of such city be prescribed and required, he or they, shall have the benefit, and be subject to all the provisions of this act, authorizing the payment of assessments in annual installments, and relating to the lien and collection and payment of assessments so far as applicable. SEC 17. Any owner of any lot or lots, or any railroad or street railway assessed for payment of cost of any such agree in writ improvement, who will not promise and agree in writing, as provided by sec. 16 hereof shall be required to pay his assessment in full when made, and the same with interest thereon, shall be collectible by or through any of the methods provided by law for the collection of assessments for local improvements, including the provisions of this act. Mistake in description. Improvement unless petitioned for. SEC. 18. Any mistake in the description of the property, or in the name of the owner shall not vitiate the lien. SEC. 19. The council of any such city shall not have the not authorized right to authorize any improvement under this act unless the owners of a majority of the feet front, or square feet in area of the property abutting upon, or adjacent to the street, or streets to be improved, or any such improvement shall petition therefor, or unless the same shall be voted for by threefourths of the members of the council. Part of street may be improved, SEC. 20. Any part of any street, or streets may be improved under this act, as well as an entire street, or streets, and the cost of the whole, or any part of the improvement included in any resolution or contract, or contracts, may be levied at one time and under one plat and notice, when such action will allow the just and true proportion of the entire cost to be assessed uniformly to each front foot, or square foot in area, of the lots or lands abutting on, or adjacent to such improvement. SEC. 21. All acts and parts of acts in conflict with this act Conflicting are hereby repealed, so far as applicable to such cities. Pro. acts repealed. vided, nothing herein contained shall be construed as prohibiting or preventing such cities from making special assessments to pay for the construction of sewers upon adjacent property, according to area, or from paying for such construction by any method of assessment, or any combination of methods now provided by law. flict with work And provided further, that nothing herein contained Does not conshall be construed as prohibiting or preventing such cities, already under the councils of which have heretofore ordered and directed contract, any street or streets to be paved and curbed, and have advertised and proceeded pursuant to such order and the laws of Iowa, from possessing all the powers of this act, and such city or cities which have so proceeded, and the councils thereof Such cities are hereby empowered to continue such paving and curbing such improveunder the provisions of this act. may continue ments. SEC. 22. This act being deemed of immediate importance, Publication shall be in force and effect, from and after its publication in clause. the Iowa State Register, and Des Moines Leader, newspapers published at Des Moines, Iowa. Approved April 28, 1894. I hereby certify that the foregoing act was published in the Iowa CHAPTER 8. AN ACT to amend section two of chapter 38, of the laws of 1882, and H. F. 116. authorizing cities of the second class having not less than five thousand inhabitants, as shown by the last legally authorized census, to levy a special tax for the creation of a general paving fund to pay the cost of paving street and alley intersections. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That all cities of the second class having a Tax for general population of not less than five thousand inhabitants, as paving fund. shown by the last legally authorized census, are hereby authorized and empowered to levy a special tax, not exceeding five mills on the dollar, on the assessed valuation of all the property in such city for the purpose of creating the general paving fund contemplated and referred to in section two of chapter 38 of the laws of 1882, and said section two is hereby so amended and shall be so read and construed. clause. SEC. 2. This act being deemed of immediate importance Publication shall take effect from and after its passage and publication in the Des Moines Leader and Iowa State Register, newspapers published at Des Moines, Iowa Approved March 29, 1894. I hereby certify that the foregoing act was published in the Iowa State Register April 4. and Des Moines Leader April 3, 1894. W. M. MCFARLAND, Secretary of State, H. F. 602. City council has power to ment bonds. CHAPTER 9. AN ACT to enable cities of the first and second class to issue bonds payable out of special assessments for street improvements. Be it enacted by the General Assembly of the State of Iowa as follows: SECTION 1. The city council of any city of the first or secissue improve- ond class shall have power to issue bonds payable only out of special assessments that have been levied to pay the cost of street improvements, in an aggregate amount which with the interest thereon shall not exceed the amount of the said special assessment. Bonds may run eight years. The said bonds shall be payable at times not exceeding eight years from their date, shall carry interest at a rate not exceeding six per cent per annum, and shall be under the seal of the city and signed by the mayor and the auditor or city clerk of the city and shall express on their face that they are issued under the provisions of this act and that they are payable only out of the special assessments levied for the out of special purpose of paying for street improvements in certain streets, mentioning the names of the said streets. Payable only assessments. Sale of bonds. Proceeds of bond sale. SEC. 2. The said bonds may be sold at public or private sale at not less than par value or may be exchanged for bonds of the city that may have been previously issued to pay the cost of the said street improvements. The proceeds of the said bonds shall be used only to pay the cost of the said street improvements or to pay such bonds previously issued. SEC. 3. Whenever bonds shall be issued under the provisions of this act to pay such bonds previously issued all the Sinking fund special assessment and taxes and sinking funds applicable to the payment of such bonds previously issued, shall be applicable in the same manner and to the same extent to the payment of the bonds issued hereunder, and all the powers and duties to levy and collect special assessments and taxes and to create liens upon property and to establish sinking funds in Bonds previ respect of the bonds previously issued or in respect of the said street improvements, shall continue until all of the bonds so issued hereunder shall be paid. ously issued. Special assessonly to pay SEC. 4. Whenever any city council shall issue bonds under the provisions of this act, such city shall collect the special assessments out of which the said bonds are payable ments applied and hold the same separate and apart in trust for the payment of bonds. ment of the said bonds, but such bonds shall not make the city liable in any way except for the proper application of the said assessments. Bonds negotiable. All such bonds shall be negotiable in all respects to the same extent as securities negotiable by the law merchant, and notwithstanding the liability for the payment thereof is limited to the special assessments as aforesaid. clause. SEC. 5. This act is deemed of immediate importance and Publication shall take effect and be in force from and after its publication in the Iowa State Register and Des Moines Leader, papers published in Des Moines, Iowa. Approved April 24, 1894. I hereby certify that the foregoing act was published in the Iowa CHAPTER 10. AN ACT to amend Chapter one, Title four, Code of 1873, relating to H. F. 172. county, township, town and city government. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That section 281 of said chapter is hereby Sec. 281 Code repealed, and the following enacted in lieu thereof. repealed. Relocation of Whenever the citizens of any county desire a re-location of substitute. their county seat, they may petition their Board of Supervis-county seat. ors respecting the same at the regular June session in any even numbered year. SEC. 2. That section 282 of said chapter is hereby repealed Sec. 282 Code and the following enacted in lieu thereof. repealed. Petition for County seat. Such petition shall designate the place at which the peti- Substitute. tioners desire to have the county seat re-located, and shall be relocation of signed by none but legal voters of said county, said petition shall contain in addition to the names of the petitioners, the section, township, and range on which, or town or ward, if in a city, in which the petitioners reside, their ages, and time of residence in the county. Said petition shall be accompanied Affidavits to by affidavits of one or more residents of said county, stating petition. that the signers thereof were at the time of signing legal voters of said county, and also stating the number of signers to the petition at the time of making the affidavit. accompany SEC. 3. That section 283 of said chapter is hereby Sec. 283 Code repealed, and the following enacted in lieu thereof: repealed. age, residence, Remonstrances, signed by the legal voters of the county Remonstran only, giving their ages, places of residence and time of resi- ces must give dence in the county, as provided for petitioners in section 2 etc. of this act, and verified in like manner, may also be presented to the board. If the same persons petition and remonstrate, they shall be counted only on the remonstrance, and if a greater number of legal voters as in this act provided, remon- When no elecstrate against the re-location than petition for it, no election tion ordered. shall be ordered. repealed. SEC. 4. That Section 285, of said chapter, is hereby Sec. 285 Code repealed, and the following enacted in lieu thereof. Upon the presentation of such petition and remonstrance, Substitute. if no objections are filed to either, the board shall proceed to Papers consid determine whether the petition has been signed by one-half ered by the of all the legal voters in the county as shown by the last board. ing on both papers. census, either State or Federal, after deducting therefrom all Names appear- names appearing on the remonstrance which also appears on the petition, and also to determine whether more legal voters have signed the petition than have signed the remonstrance. Notice given. If the notice prescribed in Section 284 shall have been given and the board shall find that one-haif of all the legal voters, after making said deduction have signed said petition, and that said one-half exceeds the number that have signed the remonstrance, the board shall order that at the next general election a vote shall be taken between said place and the existing county seat, and shall require a constable of each Notices of elec- township in the county to post notices of such order in three tion posted. public places in such township at least fifty days before said election, and shall also publish a notice of such election in some newspaper, if there be one published in the county, for four consecutive weeks, the last publication to be at least twenty days before said election: Election ordered. Newspaper publication. Objections to petition or remonstrance. Not applicable to pending cases. Provided, further, That if objections are made either as to petition or remonstrance, the board shall inquire into and hear additional evidence, with reference to the fact as to whether the names appearing on either petition or remonstrance were the names of legal voters at the time they were placed on the petition or remonstrance, and whether the signatures are genuine; Provided, That the provisions of this act shall not apply in any respect to cases or contests now pending. Approved April 24, 1894. H. F. 308. Sec. 432 Code, amended. CHAPTER 11. AN ACT to amend section (1), chapter 3, acts of the 17th General SECTION 1. That section 432 of the code of Iowa as ch, 3, 17 G. A,, amended by section one of chapter (3), acts of the 17th General Assembly, be hereby amended by adding after the word "election" in the tenth line of said section, the following words, or at a special election." Approved April 24, 1894. S. F. 414. Territory an nexed to firstclass cities. CHAPTER 12. AN ACT to legalize the annexation of territory to certain cities. SECTION 1. That in all cases where by virtue of any law and pursuant to any proceedings had by municipal authorities, territory has been annexed or attempted to be annexed to any city of the first class and the boundaries of such city |