LAWS OF THE THIRTY-FIFTH GENERAL ASSEMBLY

[CH. 63

SEC. 8. Exceptions. The provisions of this act shall not apply to sales made to dealers by commercial travelers or selling agents in the usual course of business or to sheriffs, constables, bona fide assignees, receivers or trustees in bankruptcy, or other public officers selling goods, wares, and merchandise according to law, nor to any person selling farm and garden products.

SEC. 9. Authority defined. Nothing in this act contained shall be construed as prohibiting or in any way limiting or interfering with the right of any city or incorporated town to regulate or license the carrying on within such municipality the business of a transient merchant as in this act defined, in any case where authority has been or shall hereafter be conferred upon it so to do, but the requirements of this act shall be in addition thereto.

SEC. 10. Fees paid into general fund. All license fees collected under this act shall be paid into the general revenue fund of the county.

SEC. 11. Penalty-double tax. Any person violating the provisions of this act or conducting any such business after the expiration of the license shall be guilty of a misdemeanor, whether he be the owner of goods, wares and merchandise sold or carried by him or not, and on conviction thereof shall forfeit and pay into the county treasury, in addition to the penalty imposed therefor, double the amount of the tax for one year, as fixed in section 2 hereof. Approved April 18 A. D. 1913.

CHAPTER 63.

REGULATIONS FOR ERECTION OF BUILDINGS.

H. F. 456.

AN ACT authorizing cities and towns including those acting under special charter and cities under the commission form of government to adopt a building code and to provide penalties for violation thereof. [Additional to chapter four (4), title five (V) of the code relating to general powers of cities and towns.]

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Building code-penalty. Cities and towns, including cities under special charter and cities under the commission form of government, shall have the power to adopt by ordinance, a building code, providing for the districting of such cities into one or more districts, establishing reasonable rules and regulations for the erection, reconstruction and inspection of buildings of all kinds within their limits and for a fee for such inspection and providing penalties for violation thereof.

Approved April 8 A. D. 1913.

CH. 65]

LAWS OF THE THIRTY-FIFTH GENERAL ASSEMBLY

CHAPTER 64.

PROTECTION AGAINST FIRES.

Sub. for S. F. 178.

AN ACT to repeal the law as it appears in section seven hundred eleven (711) of the code and to enact a substitute therefor relating to the powers of cities and towns to enact ordinances for protection against fires, accidents from electrical apparatus, to establish fire limits, to prohibit within such limits the erection of buildings and structures of certain construction and providing for the cost or removal or taking down of buildings erected in violation of such ordinances.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Repeal fires-electrical apparatus-fire limits-removal of buildings. That section seven hundred eleven (711) of the code and the law as it appears therein be and the same is hereby repealed and the following enacted in lieu thereof:—

"Cities, including cities acting under special charters and cities acting under commission form of government, and towns shall have power to make regulations for protection against fire and electrical apparatus, to establish fire limits, to prohibit within such limits the erection of all buildings and structures of every kind, additions thereto, substantial alterations thereof involving partial rebuilding, not constructed of fire proof materials, in whole or in part, as prescribed by ordinance, and to remove or take down any building or structure or part thereof erected contrary to such ordinances and to collect the cost thereof from the owner.

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 & Leader and Des Moines Capital, newspapers published at Des Moines, Iowa. Approved April 3 A. D. 1913.

I hereby certify that the foregoing act was published in the Register and Leader April 7, 1913 and in the Des Moines Capital April 5, 1913.

W. S. ALLEN, Secretary of State

CHAPTER 65.

ORGANIZATION, EQUIPMENT AND TAX LEVY FOR FIRE DEPARTMENTS.

H. F. 312.

AN ACT to confer certain powers on cities organized under the commission form of government and on cities having a population of five thousand (5000) or more organized under chapter two (2) of title five (5) of the code, and cities organized under special charter, relating to the organization, equipment and operations of fire departments and providing for the levy and collection of a special tax for the use and benefit of such fire departments and granting power to anticipate said tax and to issue fire fund certificates or bonds. [Adlitional to chapter four (4), of title five (V) of the code relating to general powers of cities and towns.]

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Power of certain cities to levy special tax for maintaining fire departments. Cities organized under the commission form of government, and cities having a population of five thousand (5000) or more organized under chapter two (2) of title five (5) of the code, and cities organized under special charter shall have power to levy a special tax of not to exceed one and one

LAWS OF THE THIRTY-FIFTH GENERAL ASSEMBLY

[CH. 66

half mills each year, upon all taxable property in said city, for the purpose of acquiring property for the use of the fire department and equipping the same. No part of the general fund shall be used for equipping said fire department. Nothing in this act shall be held to extend the power of such cities to make annual levies for general and special taxes in excess of forty-eight (48) mills. SEC. 2. Maximum tax levy-maturity. Such cities shall have the power after the purchase of the property and equipment, by ordinance or resolution, to levy at any one time the whole or any part of the cost of such property and equipment upon such taxable property and determine the percentage of tax, not exceeding one and one-half mills, to be paid each year, and the number of years not exceeding ten, given for the maturity of each installment thereof. Certificates of such levy shall be filed with the county auditor in which said city is located, setting forth the amount of percentage and maturity of said tax, or each installment thereof, certified as correct by the city clerk or auditor, and thereupon said tax shall be placed upon the tax lists of the proper county or counties, and collected as other taxes.

SEC. 3. Fire fund bonds. Any such city may anticipate the collection of taxes authorized to be levied for a fire fund for the equipment, or purchase of property for the fire department, and for that purpose may issue fire fund certificates or bonds with interest coupons, and the provisions of chapter twelve (12), title five (5) of the code shall be operative as to such certificates, bonds and coupons, in so far as they may be applicable.

SEC. 4. Bonds secured by assessments. Said certificates, bonds and interest thereon shall be secured by said assessments and levies and shall be payable only out of the funds derived from such levies and pledged to the payment of the same, and no certificates or bonds shall be issued in excess of taxes authorized and levied to secure the payment of the same. It shall be the duty of such city on receipt of such funds, to hold the same separate and apart in trust for the payment of said certificates, bonds and interest and to apply the proceeds of such funds to the payments of said certificates, bonds and interest. Approved April 17 A. D. 1913.

CHAPTER 66.

AUTHORITY OF CITIES AND TOWNS TO CONTRACT TO PURCHASE HEAT, GAS, WATER AND ELECTRIC CURRENT AND TO SELL THE SAME.

H. F. 212.

AN ACT to amend the law as it appears in section seven hundred twenty (720) supplement to the code, 1907, as amended by chapter forty-four (44) acts of the thirty-third (33) general assembly, and chapter thirty-four (34) acts of the thirty-fourth (34) general assembly and to authorize cities and towns to enter into contracts to purchase heat, gas, and electric current, and to sell the same.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Heat-gas-water-electric current-buy and sell. That the law as it appears in section seven hundred twenty (720) of the supplement to the code, 1907, as amended by chapter forty-four (44) acts of the thirty-third (33) general assembly, and chapter thirty-four (34) acts of the thirty-fourth (34) general assembly be, and the same is hereby amended by adding thereto.

CH. 67]

LAWS OF THE THIRTY-FIFTH GENERAL ASSEMBLY

after the period following the word "renewed" in the tenth line thereof, the following: "And they shall have power to enter into contracts with persons, corporations or municipalities for the purchase of heat, gas, water, and electric current for either light or power purposes, and shall have power to sell the same either to residents of such municipality, or to others, including corporations, and to erect and maintain the necessary transmission lines therefor either within or without the corporate limits, to the same extent in the same manner, and under the same regulations, with the same power to establish rates and collect rents as is or hereafter may be provided by law for cities having municipally owned plants", and by inserting after the word "amended" in the twelfth line of said section as amended by chapter thirty-four (34) acts of the thirty-fourth (34) general assembly the following: "or contract of purchase entered into".

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 & Leader and Des Moines Capital, newspapers published at Des Moines, Iowa, said publication to be without expense to the state.

Approved April 17 A. D. 1913.

I hereby certify that the foregoing act was published in the Register and Leader April 21, 1913, and in the Des Moines Capital April 19, 1913.

W. S. ALLEN, Secretary of State.

CHAPTER 67.

POWER OF CITIES AND TOWNS TO SELL PRODUCTS OF CERTAIN MUNICIPAL PLANTS.

H. F. 131.

AN ACT to amend the law as it appears in section seven hundred twenty-four (724), supplement to the code 1907, and in section eight hundred ninety-four (894), supplement to the code 1907 relating to the powers of cities and towns.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Rates-taxes-heat-water-gas-electric current. That the law as it appears in 'section seven hundred twenty-four (724) supplement to the code, 1907, be and the same is hereby amended by inserting immediately after the comma, following the word "plants" in line two thereof the following: “and shall have the power to sell the products of such municipal heating plants, waterworks, gas works or electric light or electric power plants, to any municipality, individual or private corporations outside of the city or town limits as well as to individuals or corporations within its limits, and to erect in the public highway the necessary poles upon which to construct transmission lines, and".

SEC. 2. Municipality. That the law as it appears in subdivision eight (8) of section eight hundred ninety-four (894) supplement to the code 1907, be and the same is hereby amended by inserting after the word "any" in line three of said paragraph the word "municipality."

LAWS OF THE THIRTY-FIFTH GENERAL ASSEMBLY

[CH. 69

SEC. 3. 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 Des Moines,. Iowa, said publication to be without expense to the state.

Approved April 16 A. D. 1913.

I hereby certify that the foregoing act was published in the Register and Leader April 21, 1913 and in the Des Moines Capital April 19, 1913.

W. S. ALLEN, Secretary of State.

CHAPTER 68.

LEVYING OF LIBRARY TAX.

H. F. 306.

AN ACT to amend sections seven hundred thirty-two (732), and eight hundred ninetyfour (894), of the supplement to the code, 1907, relative to the levying of taxes for public libraries.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Library tax-certain cities. That section seven hundred thirtytwo (732) of the supplement to the code, 1907, be amended by striking out the word "three" in line two (2) thereof and substituting the word "five" in its place; and by striking out from lines three (3), four (4), and five (5) thereof the following words; "having a population of not more than six thousand (6,000) and not exceeding two mills on the dollar in all other cities.'

SEC. 2. Other taxes-certain cities. That section eight hundred ninety-four (894), of the supplement to the code, 1907, be amended by striking out the word "three" in line seven (7), of paragraph four (4) thereof, and substituting the word "five" in its place; and by striking out from paragraph four (4) thereof the following words in lines eight (8), nine (9), and ten (10) of said paragraph, "having a population of not more than six thousand (6000), and not exceeding in any one year two mills on the dollar in all other cities." Approved April 16 A. D. 1913.

CHAPTER 69.

TRANSFER OF LIBRARY FUNDS.

H. F. 3.

AN ACT to amend Sec. seven hundred thirty-two (732), of the supplement to the code, 1907, in relation to library funds and transfer thereof.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Library fund-maintenance fund. That section seven hundred thirty-two (732), of the supplement to the code, 1907, be, and hereby is, amended by adding the following at the end thereof:

When any public library building shall be fully completed and paid for and a balance remains in the library building fund, the library trustees are authorized to transfer such excess to the maintenance fund; provided that this shall not be construed to authorize a levy of tax for building purposes after the library has been erected with intent to take advantage of this act to increase the library income for maintenance purposes.

Approved March 29 A. D. 1913.