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COMPILED CODE - Iowa Legislature - State of Iowa

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274<br />

§ 3988. CONSTRUCTION OF WATERWORKS IN CITIES. Tit. XIII, Ch. 28.<br />

15 mortgages or bonds shall bear not more than six per cent interest per<br />

16 annum ; but no part <strong>of</strong> the general fund <strong>of</strong> such city shall be applied<br />

IT upon such contracts, bonds or mortgage. In the payment there<strong>of</strong>, the<br />

18 city and holders <strong>of</strong> said contracts, bonds or mortgages shall be re-<br />

19 stricted to the proceeds <strong>of</strong> the said taxes and the net revenues <strong>of</strong> the<br />

20 said waterworks, as hereinbefore provided; and such contract, con-<br />

21 tracts or bonds shall not bear a higher rate <strong>of</strong> interest than five per<br />

22 cent per annum, payable semiannually. Cities <strong>of</strong> the first class and<br />

23 cities <strong>of</strong> the' second class having a population <strong>of</strong> over ten thousand<br />

24 which have adopted or may adopt an ordinance availing themselves<br />

25 <strong>of</strong> the privileges conferred herein, shall in addition thereto have and<br />

26 possess the following powers :<br />

27 1. In addition to mortgage on the water plant to secure the bonds<br />

28 hereinbefore authorized, the said city may, in addition to the security<br />

29 <strong>of</strong> said mortgage and as a part there<strong>of</strong>, grant a franchise to maintain<br />

30 and operate said plant on foreclosure sale under said mortgage, said<br />

31 franchise to become effective only on the passing <strong>of</strong> title under the<br />

32 said foreclosure Sale and to continue for a period <strong>of</strong> not exceeding<br />

33 twenty-five years thereafter; providing that the granting <strong>of</strong> such fran-<br />

34 chise shall be approved by a majority <strong>of</strong> the electors <strong>of</strong> said city, vot-<br />

35 ing at an election thereon, which election shall be held as provided in<br />

36 section thirty-nine hundred eighty-six <strong>of</strong> the compiled code.<br />

37 2. They shall have power to issue the general bonds <strong>of</strong> the city<br />

38 creating an indebtedness <strong>of</strong> said city to an amount which, with its<br />

39 other existing indebtedness, shall not exceed five per cent <strong>of</strong> the actual<br />

40 value <strong>of</strong> the taxable property <strong>of</strong> said city, as shown by the last pre-<br />

41 ceding assessment, the said bonds or proceeds <strong>of</strong> sale there<strong>of</strong> to be<br />

42 used in the purchase or construction <strong>of</strong> a water plant, as herein pro-<br />

43 vided ; provided, however, that such bonds can be issued by order <strong>of</strong><br />

44 the city council <strong>of</strong> said city only after a contract for the purchase or ,<br />

45 construction <strong>of</strong> a water plant and providing for the issuance <strong>of</strong> such<br />

46 bonds has been approved by the majority <strong>of</strong> the electors <strong>of</strong> said city<br />

47 voting at an election thereon to be held in accordance with the provi-<br />

48 sions <strong>of</strong> section thirty-nine hundred eighty-six <strong>of</strong> the compiled code.<br />

49 Neither the said bonds nor the proceeds there<strong>of</strong> shall be diverted to<br />

50 another purpose than as herein provided. Said cities may purchase<br />

51 or contract a water plant and pay for the same partly out <strong>of</strong> the water<br />

52 bonds and partly out <strong>of</strong> the general bonds herein provided, or wholly<br />

53 out <strong>of</strong> either class <strong>of</strong> bonds or proceeds there<strong>of</strong>, as such city may<br />

54 determine. The general bonds <strong>of</strong> the city herein provided shall bear<br />

55 interest at not exceeding five per cent per annum, payable semiannual-<br />

56 ly, and shall be payable not more than twenty years after date and in<br />

57 the general form <strong>of</strong> bonds provided by section thirty-two hundred<br />

58 sixty-one <strong>of</strong> the compiled code, with such changes as may be necessary<br />

59 to conform the same to this statute and the ordinances or contract <strong>of</strong><br />

60 the city under which they are issued.<br />

[C, '97, § 745; S., '13, § 745; 39 G. A., ch. 49, § 4.]<br />

SEC. 3988. Applicable to first-class cities.<br />

1 All the provisions <strong>of</strong> section thirty-nine hundred eighty-seven <strong>of</strong><br />

2 the compiled code shall be held and construed as applying to cities<br />

3 <strong>of</strong> the first class, and cities <strong>of</strong> the second class having a population<br />

4 <strong>of</strong> over ten thousand.<br />

[S., '13, § 747-b; 39 G. A., ch. 49, § 5.]

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