The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1872-05-23

Muter power. 1or aNv of the purposes
in this act mentioned, and for the con-
struction Of such buildings and their
appurtenanccs as may be reouircd for
the purposes aforesaid. Such corpora-
ton may also take, remove, and use for
the construction and repair Of Its said
canals, waterways, buildings, and ap-
pnrtenances any earth, gravel, stone,
timber or other materials. ON or from
the landso taken. Compensation shall
be made for the lands and materials 40
taken and used by such corporation, to
the owner or owners thereof, in COM
pllance with and in the manner proyi.
ded in section one, two. three. four.
five, six and seven, Of "An Act grant.
ing the right Of way to railroad com.
panies,n passed and approved January
u, 1893. And oil the provisions con-
tanned in the said mentioned, sections
of the said act relating to railroad COM
panies. shall be taken and construed to
apply to the corporations taking and
using lands and materials hereunder.
Such use of the lands and materials as
aforesaid is hereby declared to be a
public use.
Sec. 2. Corporations SO organized
as aforesaid, may use, raise, or lower
any turnpike, plank road, or other
highway, for the purpose Of having
their said canals, water ways, mains
and pipes, pass over, along OF under
the same; and in such cSse such corpo-
rations shall put such turnpike, plank
road, or other highway, as soon as may
be, In good repair and condition, for
the safe and convenient use of the pub
lie. And such corporations may con-
struct and carry their canals, conduits,
Waterways, mains, or water pipe,
across, over, or under any railroad, ca
nal, stream, or water course, when it
shall be necessary for the construction
or operation of the same, but shall do
so IN such manner as not necessarily to
impede, the 0avel, transportation or
navigation upon, or other proper use Of
such railroad, canal or stream: Provs-
ded, That the powers conferred in this
section must be exercised in cities and
towns with the consent and under the
control OF the city council or trustees
of said municipal corporations.
Sec. 3. Corporations SO organized as
aforesaid, are hereby authorized to
pass over, occupy, and enjoy any ofthe
school, university, and saline, or other
lands of this State, whereof the fee, or
any use, eaement or servitude therein
is in the public, without making COM
pensation therefor; provided. no more
such land shall be taken than is requir-
ed for the necessary use and conven-
fence Of such corporations.
Sec. 4. Corporations in addition to
M la, rrs,,A
by virtue of the provisions of the
general corporation laws aforesaid,
shall have the following powers: To
borrow money for the purpose of con-
structing, renewing, ,r repairing their
works, and to make, execute and deliver
all such contracts, bonds, notes, bills,
mortgages, deeds of trnst, and other
conveyances, charging or numbering
their property. including all and singu-
lar their franchises, and the rights,
powers and privileges, which, shall be
acquired by virtue of the provisions
hereof, or any part or parcel hereof;
grantee Of any such corporations, and
the purchaser of the said property,
franchises, rights, and privileges or any
part thereof under and by virtue Of
any judicial sale thereof, shall take and
hold the same as fully and effectually
to all intents and purposes, as the same
were held and enjoyed by such corpor-
ations; to erect, maintain, and operate,
canals, conduits, mains, waterways,
mills, factories, and other buildings
and machinery, including waterways,
sluices, and conduits, for the purpose
of carrying waste water off from said
premises to the stream from which the
same was taken, or other convenient
place; to let, lease, or sell and convey
any portion of their water supply, and
any of the buildings, mills, or factories,
or machinery aforesaid, for such sums,
prices, rents, tolls. and rates, as shall
be agreed upon between the parties !;
to lay down, maintain, and operate
sucn WatgrNrrreis.sy- e..adnits, laada. and
service pipes rs shall be necessary to
supply any building. village, town, or
city with water.
SEC. b. Each corporation organized
as aforesaid, shall take, hold. and en-
JOY the privilege of utilizing and i'm
proving the water power, and the
rights, powers and privileae hereby
conferred, which shall be specifically
mentioned and described in its arti-
cles of incorporation, Provided, it
shall proceed in good faith to make
the improvements and employ
the powers in its said articles
of incorporation mentioned, and shall
within two years from the date of its
organization provide the necessary can
ital, complete the preliminary surveys.
and actually commence the work az
improving and utilizing the water
power, and furnishing the supply Of
water, SO mentioned in its articles of |
incorporation. Provided also, that
said water works and canals be COM |
pleted within five years from the time
when said corporation has been organ |
lied. ~
SECS. This act being deemed of
immediate importance, shall take effect
from the date of its publication
in the Daily State Register and State
Leader, published at Dcs Moines,
Iowa.
Approved April 20, 1872,
hereby certify that the foregoing act
was published in the Daily Iowa State !
Register April rs, and Daily Leader
April %. 1872.
ED WRIGHT,
Secretary of State.