The weekly north Iowa times. [volume] (McGregor, Iowa) 1857-1867, 1858-08-18
all not bar any subsequent petition to the county

shall not bar any subsequent petition to the county
IL, When any complaint shall be made as before
provided to prevent annexation of territory, notice
thereofshR be given well to the proper authorities
ofsuch ty town to the agent agents the Pc
titioncrS and such notice shall be gwen within two
months after the delivery of the order to the clerk
recorded said city town, then at the end OF said
two months and within one year, and In case Of any
such compliant and after the dismisson Of said COM
paints snd within year thereafter, the proper
thorty orsuch city town shall provide by ordinance
resolution for the submission to the electors at the
Ipxt snnua election Of municipal officers OF the ques-
tim, whether such annexation shall be made, and
maoty the electors of such city town, voting
sud- election shall vote in favor OF such aton
thet the return ofsuch vote to the proper authority
ofsfh city town, resolution ordinance shall be
adoRed - passed, declared that the territory de.
scrib& - the petition has been annexed to- and is a
part such city or town, and II shall be the duty of
the recorder OF the said city town, to make
out eopes Of Petition plat order Of the county
COURT distract Of votes and resolutions or ordinance
in relata to such annpxaton, with certificate that
the saaxe ccct atesed by the seal Of such city or
towns be aiia deliver one ofsaid eopia@ 70 ts
corder 0fthe cSunty, whose duty it shall be, having
first made reeord thereofin the proper books of
ord to file tho same, and the other Of said
copies shall be forwarded the clerk recorder said
city town, to the Ascretary OF state.
l3 So soon assa n resolution or ordinance declar-
ing such annexation has been adopted and said copies
smtted delivered and recorded the said territory
shall be deemed and ,aken to be part and parcel of
the said city or town and the Inhabitants residing
thereon, shall have and enjoy all the rights aud prvi
leges ofthe inhabtana within the original limits OF
such city town.
. ii. When any mum eipal corporation shall dosire
to annex any contiguous territory thereto not en-
braced within the limits any city or town, it shall be
lawful for the trustees raunc of the corporation by
an ordinance passed forthat purpose, at least one
month before the regular nual election to submit the
question OF said to the qualified voters
such corporation and ii amaorty Of the electors Of
the corporation voting t question shall vote in IA
yor OF such annexation the officers said corporation
shall present to the county urt petition praying for
such annexation, which petition shall describe the ter
rtory proposed to be annexed to such municipal cor
poration, and have attached an accurate
plat thereof and like proceedings shall be had upon
said petition, provdedin the third fourth fifth
sixth and seventh sections of s act far the
may be applicable but it sha be lawful for the voters
residents upon the territory bus proposed to be
nexed Or OF them to appear at said hearing aud
show cause why said annexation should not be made,
and II 1t appear by remonstrance- otherwise that
majority OF the legal voters in sad district proposed
to be annexed opposed to such aton said
nexation shall not be allowed ana within two months
as above provided, no notice of a complaint against
such annexation shall be given, according to the pro-
visions of this act, then at the end OF said two mont
and in case such complaint, then at the end ad two
months and after the discussion of said complaint the
said contiguous territory proposed to be shall
be in law deemed and taken be included in and shall
be part OF said municipal corporation and the inhabi-
tants thereof SHALL In all respects be citizens thereafter
of the said municipal corporation.
To- When any municipal corporation. the territory
OF which shall be Contiguous to and adjoining that
nexed thereto it shall be lawful for the trsteess or
council of the corporation proposing such aton
to submit the question to the electors of the
tion by ordinance passed for the purpose at IL sSs
mouth before the annual election The trustees or
council Of the muniGpa corporation to which the an
nexation is proposedto be made, may in like manner
submit the question 10 its electors IT majority Of the
electors Of each Of the corporations voting on the
question at the same general election shall in IA
vor Of such annexation the trustees council of esch
corporation may appoint three commissioners who shall
cor of fha xotin
and submit the same to the trustees council Of
respective corporations, and the being duly ap-
proved by an ordinance passed for the purpose by each
corporation, certified copies thereof signed by the pre-
siding officer OF the trustees council OF each corpora
tion and the clerk or recorder, and attested by its
corporate SEAL shall be filed in the office Of the clerk OF
the corporation to which uc annexation shall be pro.
posed to be made, and it shall be the duty Of such
clerk recorder under the direction of such corpora
ton to make out and certify two transcripts of all the
ordinances, abstracts OF the return Of the votes, and
other papers relating to such atiou one OF which
snail be filed n the Office of the county recorder who
having made Ieeord thereof shall file and preserve the
sans and tho 9hr Of said copies shall be forwarded BY
said clerk or recorder to the secretary Ofstate.
ls sosos. ~ aid shall ha
delivered ak 6rEaidyd. the said anneSation shall be
deemed complete, and it shall be lawful for the corpo-
ration to which the annexation has been made to pass
such ordinances will carry into effect the terms of
such atiop far the shall be inco-
sisent With this act and with the regular and proper
government of such corporation under the provisions
thereof and any part such terms inconsistent shall
affect such annexation and the former corporations
shall thereafter be covered embracing the terri
tory shall have equal rights and privileges Prorided
such annexation shall not affect impair any rights
liabilities existing the time OF such annex alton
either in favor OF or against said corporations and suits
founded uponsuch rights and liabilities may be
menced and pending suits prosecuted and carried to
final Judgment and execution, the though such
annexation had not taken place.
H. 1t shall be the duty ofthe secretary of state to
receive aud preserve his office all papers transmitted
q arid of or
the annexation Of territory the or the con-
sodation of Runcipal corporations, and shall keep an
alphabetical lKt OF said cities and towns i'm book pro-
vded for that purpose, in which shall be entered the
of the town city, the character Of the same
whether town city, aud if city, whether Of first or
second class, the county in which situated aud the
date OF organization under this act.
is. Cities aud towns organized to be organized
under this act, hereby declared to be bodies tc
and corporate under the name and style OF the city Of
---------- or town f------- as
the may be, capable to and be sued, to con-
tract and be contracted WITH acquire and hold prop
erty real and PERSONAL to have a common seal and to
change and alter the same at pleasure and such
other privileges are incident to municipal corpora
tions OF like character degree inconsistent with
this act, or the laws of this state.
Z l9 When the inhabitants Of part of any city or
town shall desire to have the part of the territory OF
such city town in which they reside severed from
stricken ofthe limits OF such city or town they NAV
apply by peon in writing sigued by majority of the
resident property holders of such part of the territory
of such city town they desire to have so severed
Ii.
to the district court OF the county, which petition shall
describe the territory proposed to be thus severed
stricken out OF the limits of such city or town. and have
attached thereto accurate map plat thereof and
shall also name the person persons authorized to
in behalf Of the petitioners IN the prosecution OF said
petition.
2 20 When any such petition shall be rresented to
the clerk ofthe district court he shall file the and
docket the IN its proper place. said petition shall
be subject to the inspection OF any person in
the subjecs thereof and notice of the filing of
fhn ta pnh in n
published IN said city or town, by posting notice of
the IL five public places said city or town four
weeks previous to the succeeding term of said coIt,
which notice shall contain the said petition
and staeter of court at which the hearing thereof
will be had.
2l. The hearing of such petition may be had by the
court either party may demand jury and the proper
authoresaT such city town, any person interest
ed in the subject matter OF said petition may appear
and contest the granting of the same and adavts in
support Of against said petition, which may be pre-
pared and submitted shall be examined by the court
or jury and the court may in its discretion permit the
agent agents named in the petition to amend or
change the same except, that amendment shall be
permitted whereby the territory embraced in said Pc
iton shalt increase dmnisb without continuing the
case TO this next term and requiring new motion to be
D. Ifthe court jrrJ, after hearing the petition
and evidence bearing upon the subject matter thereof
shall be satisfied that said petition has been signed by
majority Of the property holders residing within the
limits of the art of the city or town described in the
petition and plat and that the limits have been acc-
raely described and correct map plat thereof made
and fled and il the court jury shall be further sat
sed that justice and equity require that the prayer
the petitioners should be granted, the shall ap-
point three disinterested persons, commissioners, to
settle and adjust the terms upon which such part shall
be so stricken out to any debts liabilities such
city or that have accrued during the connection
of such part with such corporation.
2 %. The commissioners appointed shall take and
subscribe oath affirmation that they will faithful
ly and impartiaiy perform their duties such, and
shall ut time ascertained by them fixed, hear the
agent or agents aamed in said petition, and also the
proper authorities Of the city town in regard to the
subject matter to them submitted and report to the
next succeeding term Of said court their dongs and
Judgment in the premises, and upon the filing of said
report the court shall order, adjudge aud decree in
cordance Herewith and with the prayer of said petition
Proriasd that for good and sufficient cause, and upon
proper showing the court may reject set aside said
report, and appoint new commissioners, and continue
the cause for further action to be had thereon.
"a. The clerk ofsd court, soon as practicable,
shall file certified transcript of such decree, together
with the petition and map plat, in the Office of the
recorder OF the county, and the disposition shall
be made thereof provided by section five of this
alton of corporation under this