The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1870-06-02
CHAPTER lo2.

'|Ss.S~'
@ CHAPTER 102.
AN ACT to enable Townships, In
corporated Towns and Cities to
aid in the Construction of Rsil-
roads.
Section 1. Be it enacted BY the
General Assembly of tho State of
Iowa, That it shall be lawful for any
township, Incorporated town, or city,
to aid in tho construction Of any pro-
jected railroad in this State, as here
matter provided.
Sec. 2. Whenever petition shall
represented to the council or trustees
of any incorporated town or city, or
trustees of any township, signed by
one third of the resident tax payers
Of such township, city or town, ask
ing the question of aiding in the
construction of any railroad to be
submitted to the voters thereof; it
shall be the duty IF tho trustees, or
council, or board Of trustees to i'm
mcdiately give notice Of q special
election, by publication in some
newspaper published in the county,
if any DO published therein, and also
by posting said notice in five public
places in each township, city or
town at least twenty days before
said election, which notice shall
specify, the time and place of hold
ing said election, the line Of road
proposed to be aided, the rate per
centum Of tax to be raised, and the
township or townships, Incorporated
town or city in which such tax shall
be expended, at which election the
question of "taxation" or "no tax
ation," shall be submitted, andit a
majority of the votes polled be "for
taxation" then in that case the town.
ship clerk, recorder or clerk of said
election shall forthwith certify to the
county auditor the rate per centum
of the tax thus voted by such town.
ship, city or town. The board of
supervisors shall, at tho time of col
lecting the ordinary taxes next fol-
lowing said special election, levy all
taxes voted under the provisions of
this act, and cause the same to be
placed on the tax lists of the proper
townships, cities or towns, and said
taxes shall be collected at the same
time, in the same manner, and be
subject to the same penalties for non.
payment as other taxes; Provided,
that tn aggregate amount of tax
levied; under the provisions of this
act, in any township, city or town,
shall not exceed five per centum of
the assessed value Of the property of
said township, city or town.
Sec. 3. The funds collected under
the provisions Of this act shall be
paid out by the county treasurer to
the treasurer of tho railroad company
upon the orders OF the president or
managing director of the railroad
company, whose road such tax has
been voted to aid; which orders shall
be accompanied by sworn estimates
OF the engineer in charge OF the work
On such road showing that double tho
amount of such orders has been OK
pcndod for the construction of such
road, in accordance with tho terms
Of tho notice provided for in section
Two OF this act, and also by o certifi-
cate signed by the members of the
council or board Of trustees, or ma
lority Of the members thereof, of the
township, city or town, voting the
lax tor which said orders are drawn,
10 the effect that tho provisions of
ais act have been SO complied with
rs to cntitlc said company to the
mount called for by such orders,
nd it is hereby expressly crowded
nat no part of the funds raised un.
dor1the provisions of this act, shall
10 expended in any other townships
nan those specified in the notice of
lection; Provided, however, that
nould the said taxes not be drawn
from tie county treasurer in accord.
"nce with the provisions of this act
~ the railroad company in whose
favor the Same may have been voted,
within two years after the date of
tho collection thereof then the right
ofsaid railroad company to said funds
shall be deemed forfeited, and the
same sholl be repaid by the county
treasurer to the persons from whom
tho same may have been collected.
Sec. 4. All railroads constructed
by or with the aid Of any taxes levi.
cd and collected under tho provisions
OF this act, shall be subject to the con-
troll OF the Gen eral Assembly in re-
gard to the management Of the same
and.the charges for the transportation
OF freight and passengers thereon.
Sec. D. All acts or parts of acts
conflicting with the provisions of |
this act arc hereby repealed.
Sec. 6. This act being deemed by
the Genera! Assembly of immediate
Importance, shall tako effect from
and after its publication in the Iowa
State Register and the Des Moines
statesman, newspapers published in
Des Moines, Iowa.
Approved April 10, 1870.
Ed Wright Sncra1arv of cta+o