Buchanan County bulletin. [volume] (Independence, Iowa) 1869-1891, 1872-05-31
CHAPTER 1862.

AN ACT authorizing cities, incorpora-
ted towns, and villages, to construct,
or cause to be constructed, water
works.
SECTION 1. Be it enacted by the Gen
eral Assembly of the State of Iowa, That
all cities, Incorporated towns, and will
ages, are hereby authorized and empower
ed to construct, maintain and operate
watcrworks, for the purpose of supply
ing pure water to such corporations and
the citizens thereof, for domestic and
manufacturing purposes. sand the ex
tinguishment of fires, and for such other
purposes as may be thought desirable, or
they may in their discretion authorize
the construction, maintenance, and opera
ton of such works by individuals or cor
porations, on such terms as may be
agreed upon. Provided, that no such
water works shall be ordered to be cree
ted, or any contract entered into for the
erection and maintaining of such water
works, except the same shall be ordered
to be done by an affirmative vote of a
majority Of all the votes cast at any gen
cral or special city or town election, or
by the affirmative vote of not less than
four. tifths of the members of the council
or trustees Of such city or incorporated
town.
SEC g. That in the construction of
such works and the maintenance and
operations thereof, such cities, towns, and
villages, or the persons or corporations
authorized to construct the same, are
hereby empowered to go beyond the
corporate limits of such city, town, or
village, for the purpose Of erecting, main
tanning, and operating such works, and
to procure supply of pure water.
Sec. 3. That said cities, towns, and
villages, may pass all needful rules and
regulations for the protection Of such
works and for preventing the stream,
source of supply, or reservoirs, from
which water is taken and supplied to
such works, from being polluted or in
any way rendered impure, and may en-
force such regulations by fine and i'm.
prisonment.
SEC 4. That for the purpose of erect
ing and maintaining such works, and
protecting the same from injury and the
water from pollution, the jurisdiction of
the city, incorporated town, or village,
whether said works are constructed by
said city, town, or village, or authorized
to be constructed by persons or corpora
TONS shall extend over the territory
occupied by such works, and all rcser-
voirs, streams, trenches, pipes, and drains
used in and necessary for the construc-
ton, maintenance, sand operation of such
works, and over the stream or source
from which water is taken for five miles
above the point from which such water
is taken. Pr0rided that such jurisdic-
ton is granted for no other purpose than
as above specified.
Sec. 5. That whenever the right to
build, maintain, and operate such works
is granted to or conferred upon private
individuals or incorporated companies
by said cities, towns, and villages, they
may make such grant to inurc for term
Of not more than twenty-five years, and
authorize such individual or company,
so constructing such works, to charge
and collect from each and every person
supplied by them with water such water
rent or rents rs may be agreed upon be
tween said person or corporation so
building said works, and said city, town,
or village, granting such right; and such
Cities incorporated towns. and villages,
are hereby authorized and empowered to
enter into contract with said individual
or company constructing said works, to
supply said city, town, or village with
water for fire purposes, and for such
other purposes as may be necessary for
the health and safety of such municipal
corporations, and to pay therefor such
sum or sums as may be agreed upon
between said contracting parties
Sec g. Said cities, towns, or incor
porated villages, are hereby authorized
to take and condemn and appropriate so
much private property as shall be ncccss
airy for the construction and operation of
said water works; and when they shall
authorize the construction, maintenance,
and operation thereof by individuals or
corporations they may confer. by ordi
nance, upon such person or corporation
the said power to take and appropriate
private property for said purpose
SEC. 7. If the owner Of property
which shall be required for the construc-
ton and operation Of said works, shall
refuse to grant the same, and the DANA
yes therefor cannot be settled by agree
ment, all damages which the owner, or
any person having an interest in or i'm
provement upon the property to be taken
will sustain by reason of the appropria,
ton Of said property, shall DO assessed
and said property taken on the applica
tion Of either party, under the provis
ions of article three. chapter flftyfve, Of
The Revision Of 1860, and the laws amen
datory thereof ".
~. 3. That ~ cities, incorporated
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