LAWS OF THE THIRTY-FIFTH GENERAL ASSEMBLY [CH. 13 CHAPTER 12. EXECUTIVE COUNCIL. S. F. 451. [Additional to chapter AN ACT granting additional powers to the executive council. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Contract for improvements-joint action-warrants. That whenever in the improvements of the streets and alleys abutting property owned by the state of Iowa in cities of the first class, including cities acting under the commission plan of government and including cities acting under special charter, it requires the joint action of the city and the state to make and complete such improvement, the executive council is empowered and authorized, when in its judgment it is advisable and proper and to the best interest of the state, to consent to the making of such improvements and to contract and pay for such portion thereof as in its judgment may be equitable and just. Such contracts shall be made and drawn as provided in chapter seven (7) of title two (II) of the supplement to the code, 1907, and warrants drawn for the payment of such improvements so authorized by the council shall be paid out of any funds in the treasury, not otherwise appropriated. SEC. 2. In effect. This act being deemed of immediate importance shall take effect and be in force from and after its publication in the Register and Leader and the Des Moines Capital, newspapers published in the city of Des Moines, Iowa. Approved April 25. A. D. 1913. I hereby certify that the foregoing act was published in the Register and Leader May 1, 1913, and in the Des Moines Capital April 30, 1913. W. S. ALLEN, Secretary of State. CHAPTER 13. EXECUTIVE COUNCIL. S. F. 214. AN ACT authorizing the executive council of Iowa to incur expenses and make expenditures to procure data, make investigations and provide things not otherwise provided to enable said executive council to perform the duties imposed by law, and making appropriation therefor. [Additional to chapter seven (7) of title two (II) of the code relating to the executive council.] Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Duty relative to procuring data-capital stock-tax adjustment -census. The executive council is authorized to incur such expense as it may find necessary to make investigations to determine the facts affecting or relating to any duty that is now or may hereafter be imposed upon said council by law. Its authority shall extend to and include the procuring of data for the CH. 13] LAWS OF THE THIRTY-FIFTH GENERAL ASSEMBLY determination of the value at which property may be accepted by corporations in payment for issues of capital stock; the investigation of property values for the purpose of assessment and taxation and for the purpose of adjusting the valuation of property of taxing districts and counties; matters relating to the census to be made under chapter 8, title II of the supplement to the code, 1907, or amendments thereto; matters relating to official expenses and expense accounts; matters relating to public revenues or to procure anything not otherwise provided, necessary to enable said executive council to properly or adequately perform any duty imposed by law. It may also incur the necessary expenditure to perform or to cause to be performed any duty imposed by law upon the executive council which the members or its regular employees are unable to perform, or for which the statute imposing the duty fails to make the necessary provision for the execution thereof. SEC. 2. Expenditures-order made-recorded. Before incurring any expenditure authorized in section 1 of this act, an order shall be made and recorded in the records of the executive council setting forth the necessity for incurring the same and fixing the maximum amount that may be so expended in each such case. SEC. 3. Expenditures-personal service. No expenditure for personal service, per diem, or salaries shall be authorized for the employment of any person for a duty that may be performed by a member of the council or its regular employees without neglect of the usual duties of the members or said employees. Expenditures authorized for personal service, per diem or salaries shall be made only upon the unanimous, affirmative vote of all members of the executive council and before any person shall be employed the rate of compensation of salary shall be determined and the aggregate amount that may be expended in each case shall be determined and recorded in the records of the executive council. Any person so employed shall be selected on account of especial fitness for the labor to be performed and the record of employment shall contain a statement of the peculiar fitness of such employe for the special duty to be performed. SEC. 4. Necessary expenses. Members of the executive council and its regular employees shall be paid no additional salary or compensation for special service but shall receive their necessary traveling expense, including subsistence when absent from the seat of government. SEC. 5. Appropriation. There is hereby appropriated out of any money in the state treasury not otherwise appropriated an amount sufficient to pay the expenditures authorized by this act. SEC. 6. In effect. This act being deemed of immediate importance shall take effect and be in force from and after its passage and publication in the Register and Leader and Des Moines Capital, newspapers published in the city. of Des Moines, Iowa. Approved April 12 A. D. 1913. I hereby certify that the foregoing act was published in the Register and Leader and Des Moines Capital April 19, 1913. W. S. ALLEN, Secretary of State. LAWS OF THE THIRTY-FIFTH GENERAL ASSEMBLY CHAPTER 14. EXTENSION AND IMPROVEMENT OF STATE CAPITOL GROUNDS. H. F. 669. [CH. 14 AN ACT to provide for the levy of a special tax upon the assessed valuation of the taxable property of the state for a period of ten years for the purchase of real estate for the extension and for the improvement of the state capitol grounds: To define the limits of said extension: To authorize the purchase by executive council of all grounds within said limits: To adopt a plan for the location of buildings, monuments, etc., on said extended ground, and to provide for the sale of certain real estate known as "Governor Square." [Additional to chapter seven (7) of title two (II) of the code relating to the executive council.] Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Special tax-purchase real estate. That for the purpose of providing for the purchase of real estate for the extension of the capitol grounds and improvement of the same, there shall be levied annually for a period of ten (10) years, commencing with the first levy made after the passage of this act, a special tax as follows; in each of the years 1913 and 1914 one-half mill on the dollar of the taxable property in the state, and in each of the remaining eight years such rate of levy to be fixed by the executive council, as will yield approximately one hundred and fifty thousand dollars ($150,000) annually. The proceeds of such levies shall be carried into the state treasury to the credit of a fund to be called the capitol grounds extension and improvement fund. The amount so realized by said levies shall be in lieu of all of the appropriations for said purposes during the said period of ten (10) years. SEC. 2. Plat. That for the purpose of the extension of the capitol grounds the executive council is hereby authorized, empowered and directed to purchase from time to time within said period of ten (10) years any or all of the real estate not already owned by the state of Iowa within the following limits; beginning at a point where the east line of Pennsylvania avenue crosses the north line of East Locust street, thence northerly along the east line of Pennsylvania avenue to the north line of the alley between Locust street and Grand avenue, thence easterly along the north line of said alley between Locust street and Grand avenue to a point one hundred and thirty (130) feet west of the west line of East Ninth street, thence northerly parallel with the west line of East Ninth street to the south line of Des Moines street, thence easterly to a point where the south line of Des Moires street crosses the east line of East Twelfth street, thence southerly to where the east line of East Twelfth street crosses the north line of East Grand avenue, thence easterly to where the north line of East Grand avenue crosses the east line of East Thirteenth street, thence southerly to where the east line of East Thirteenth street crosses the south line of Walnut street, thence westerly along the south line of Walnut street to where the same crosses the east line of East Twelfth street, thence southerly to the north line of the right of way of the Des Moines Union Railway Company, thence westerly along the north live of the right of way of the Des Moines Union Railway Company to the east line of the aller running north and south east of East Seventh street, thence northerly along the east line of said alley to the south line of East Locust street, then northwesterly to the place of beginning. CH. 14] LAWS OF THE THIRTY-FIFTH GENERAL ASSEMBLY SEC. 3. Erection of buildings. That all buildings, monuments, statuary, memorials, fountains and improvements hereafter erected upon said capitol grounds shall be located in accordance with the plan covering said extended grounds as contemplated herein submitted as the Allison memorial commission plan now on file in the office of the secretary of state and that said grounds shall be laid out with respect to drives, streets, avenues, malls, walks, bridges, terraces and other improvements in all respects as contemplated and suggested by said plan and said plan is hereby adopted and made a part of this act. SEC. 4. Options-purchase-how paid. That the executive council is hereby authorized, empowered and directed to acquire any or all the real estate included within the territory described in section two hereof for the state and may purchase the same on option or contracts or in any other way which said council may deem expedient but payment for said real estate shall be made only upon the certificate of the attorney general that the vendor has furnished the state an abstract of title showing perfect title of record. The executive council may make said purchase or enter into said contracts at any time within said period of ten (10) years at its discretion and as the amount of money in said fund at any time may enable them to do but only after the most diligent inquiry and investigation as to the fair, just and reasonable value of said property. Payment for said real estate may be made by the said executive council certifying to the state auditor the amount due to any person at any time, and the auditor then drawing a warrant in his favor on the state treasury payable out of the fund herein created. SEC. 5. Condemnation. That if the executive council shall at any time be unable to purchase said real estate, or any part of it at such price or prices as it may deem just and reasonable upon its request the attorney general shall on behalf and in the name of the state and in accordance with the statute applicable to such cases institute and prosecute to a final determination an action or actions for the condemnation of the premises to said use as is contemplated by this act. SEC. 6. Leases. That the executive council shall have charge of all buildings that may be on any of the grounds acquired under the provisions of this act and may lease any or all of said buildings and grounds on behalf of the state until, in the judgment of said council, it is advisable to remove them. That at such times said buildings may be sold by said council or are razed and the salvage thereon sold or such other disposition made of said buildings. as said council may deem to the best advantage of the state. And all money realized from such sources and from rentals shall be carried into the state treasury to the credit of the capitol grounds extension and improvement fund. SEC. 7. Sale Governor Square. That the executive council is hereby authorized, empowered and directed to sell or cause to be sold either as it now stands or to cause the same to be platted and subdivided into lots and sold in parcels the real estate now owned by the state known as Governor Square and more particularly described as follows, to-wit:-commencing at a point south thirtytwo degrees west thirty minutes west, one and sixty-five one hundredths chains from the northwest corner of the southwest quarter of section two, township seventy eight north range twenty-four west of the fifth principal meridian thence north seventy-four degrees, thirty minutes east, six hundred eighty feet to a stone, thence south fifteen degrees thirty minutes east three hundred and sixty feet, thence south seventy-four degrees thirty minutes west six hundred eighty feet to a stone, thence north fifteen degrees thirty minutes west three hundred sixty feet to the place of beginning containing five and sixty LAWS OF THE THIRTY-FIFTH GENERAL ASSEMBLY [CH. 14 one-hundredths acres more or less. All proceeds derived from the sale of said real estate, except the expense of selling the same including agent's commission, if any, shall be carried into the state treasury to the credit of the capitol grounds extension and improvement fund herein created. All patents or deeds of conveyance to said above described real estate shall be executed and acknowledged by the governor in the name of the state upon resolution of the executive council authorizing such conveyance. SEC. 8. Only special fund to be used. That no part of the purchase price of any of said grounds nor of any warrants or certificates issued in payment for the same and no part of the interest accruing thereon shall ever be paid from the general revenues or funds of the state or out of any fund or from the proceeds of any tax other than funds arising from the tax provided for herein and from the sale of the real estate herein authorized to be sold or from the proceeds or accumulations thereof. SEC. 9. Interest bearing certificates-how paid. That for the purpose of accomplishing the earliest possible completion of the work contemplated herein and the carrying out of the plans provided for in this act the executive council may anticipate the collection of the tax herein authorized to be levied for the extension and improvement of the capitol grounds, and for that purpose may issue interest bearing warrants or certificates carrying a rate of interest not to exceed five per cent per annum to be denominated "capitol grounds extension and improvement warrants or certificates and said warrants or certificates and interest thereon shall be secured by said assessment and levy and shall be payable out of the respective funds hereinbefore named, pledged to the payment of the same, and no warrants shall be issued in excess of taxes authorized or to be levied to secure the payment of the same. It shall be the duty of the state treasurer to collect said several funds and to hold the same separate and apart in trust for the payment of said warrants or certificates and interest and to apply the proceeds of said funds pledged for that purpose to the payment of said warrants or certificates and interest. Such warrants or certificates shall be issued in sums of not less than one hundred nor more than one thousand dollars each running not more than ten years bearing interest not exceeding five per cent per annum, payable annually or semi-annually and shall be substantially in the following form. The state of Iowa, for value received, promises to pay to bearer dollars, lawful money of the United States of America, on ... with interest on said sum from the date hereof until paid, per cent per annum, payable and .... an in each at the rate of nually on the first day of..... year, both principal and interest payable at Des Moines, Iowa. This warrant or certificate is issued by the state of Iowa pursuant to the provisions of section ........, chapter of the acts of the thirty-fifth general assembly of Iowa. And it is hereby certified and recited that all acts, conditions and things required by the laws and constitution of the state of Iowa to be done precedent and in the issue of this warrant or certificate, have been properly done, happened and been performed in regular and due form, as required by law. |