CH. 243] LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY on the eleventh day of April, 1910, A. D., be and the same are hereby legalized, and declared legal and valid, the same as though said notices had notified the voters of the particular place within the town of Corydon at which said special election should be held, and as though the law had in all respects been complied with. SEC. 2. Pending litigation. Nothing in this act shall affect any pending litigation. SEC. 3. In effect. This act being deemed of immediate importance shall take effect and be in force from and after the publication in the Register and Leader, a newspaper published at Des Moines, Iowa, and the Times Republican, a newspaper published at Corydon, Iowa, without expense to the state. Approved April 12, A. D. 1911. I hereby certify that the foregoing act was published in the Register and Leader April 13, 1911, and in the Times-Republican April 20, 1911. W. C. HAYWARD, CHAPTER 243. THE TOWN OF EAST PERU. H. F. 601. AN ACT to legalize the incorporated town of East Peru, Iowa, and to legalize the election of officers for said town and the ordinances, resolutions and other proceedings thereof. WHEREAS, steps were taken to incorporate the town of East Peru in Madison county, Iowa in the month of January, 1897, which proceedings were at the time supposed to be regular and sufficient, and WHEREAS, the officers of said town were elected in the years 1897, 1898, 1900, 1901, 1902, 1903, 1904, 1905, 1906, 1907, 1908, 1909 and 1911, instead of at the times provided by law, and WHEREAS, at the election held in 1911 the officers of said town were elected for the term of one year instead of for the term of two years as required by law, and WHEREAS, doubts have arisen as to the validity of the original proceedings to incorporate said town and as to the validity of the elections held and of the ordinances, resolutions and other proceedings had by the officers of said town since the time of its incorporation. Now therefore Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Proceedings, elections, ordinances, etc., legalized. That the original proceedings to incorporate the said town of East Peru, Madison county, Iowa, and all elections of officers for said town and all ordinances enacted and resolutions adopted or other proceedings had by the officers of said town be, and the same are hereby legalized and declared to be valid and binding and to have the same force and effect as though the proceedings to incorporate said town in the first instance were regular, legal and valid, and as though said elections were held at the times, and the persons elected had been elected for the terms prescribed by law, and the officers elected for said town at the election held in the year 1911, are hereby declared to be the legal officers of said town and their terms of office shall not expire until the general election at the regular election in the year 1913, and their acts shall LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY [CH. 244 have the same force and effect as though they had been elected for the term beginning in the year 1911 and ending in the year 1913. SEC. 2. Pending litigation. Nothing in this act shall affect pending litigation. SEC. 3. In effect. This act being deemed of immediate importance shall be in full force and effect from and after its publication in the Register and Leader and Des Moines Capital, newspapers published at Des Moines Iowa said publication to be without expense to the state. Approved April 12, A. D. 1911. I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital, April 13, 1911. W. C. HAYWARD, CHAPTER 244. THE INDEPENDENT SCHOOL DISTRICT OF EMMETSBURG. S. F. 463. AN ACT to legalize an election held in the independent school district of Emmetsburg, Iowa, March 13, 1911, relating to the voting of bonds for school purposes. WHEREAS, on the 13th day of March, 1911, there was submitted to the qualified electors of the independent school district of Emmetsburg, the following proposition: Shall the board of directors of the independent school district of Emmetsburg be authorized to issue negotiable bonds of the district in an amount not to exceed the sum of $10,000.00, the proceeds of which are to be used in the purchase of a new site for the east side school house, and for the removal of the present school building to the new site and for the necessary remodeling of the building and for the completing and equipping it with heating plant and toilets and for the purchase of additional grounds in connection with high school, and WHEREAS, doubts have arisen as to the legality of the proposition so submitted because of its calling for the removal of a school building from its present site and for the remodeling of the same, and because of its calling for the purchase of additional grounds in connection with the high school in said district, and doubt has been expressed as to whether said proposition is within the purview of section 2812-d of the supplement to the code of 1907, and WHEREAS, said proposition was carried by more than a majority of the qualified electors in said district voting thereon, therefore Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Acts and election legalized. That the action of the board of directors of said independent school district of Emmetsburg, Iowa, in submitting said proposition to the electors at the school election on March 13th, 1911, and the action of the said electors in voting favorably thereon, be, and the same are hereby legalized and validated, and the same are hereby declared to be not in excess of the powers conferred by section 2812-d of the supplement to the code of 1907. SEC. 2. Pending litigation. Nothing in this act shall be construed so as to affect pending litigation. Approved April 10, A. D. 1911. CH. 245] LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY CHAPTER 245. THE TOWN OF FAYETTE. S. F. 409. AN ACT to legalize the issuing of certain warrants drawn on the waterworks fund by the town council of the incorporated town of Fayette, Fayette county, state of Iowa, and regulating the payment thereof. WHEREAS, on May 1, 1906, a petition was filed with the town council of the incorporated town of Fayette, Iowa, asking said council to call a special election in said town to vote upon a proposition to extend the water mains of the waterworks system owned by said town, and for such purpose to issue bonds in such sum as said council might deem necessary in excess of one and one-fourth per cent of the actual value of the property of said town. WHEREAS, said petition was canvassed by said town council and was found to contain the number of signatures required by law. WHEREAS, thereafter on June 9, 1906, a special election was called in said town, upon a sufficient notice published as required by law, at which election was submitted the following question: For the issuance of bonds in the the sum of $6000 for waterworks. WHEREAS, at said election, 214 votes were cast in favor of said proposed bond issue and only 40 votes were cast against said bond issue. WHEREAS, prior to the submission of said proposed bond issue at said election, the town council had adopted a definite plan for the extension of watermains, had advertised the same in the Fayette newspapers and had employed an engineer to estimate the cost of the proposed waterworks extension and had been advised that the proposed extension could be constructed at a cost of $6000.00. WHEREAS, after said preliminary estimate was made and before bids were received for the construction of said waterworks extension, the price of material necessary to be used in said extension was unexpectedly advanced. WHEREAS, although several different bids were made for the construction of said waterworks extension, no bid was as low as $6000.00 and the said town council of Fayette on July 16, 1906 authorized the execution of a contract with E. Smedley for the construction of said extension for the sum of $7000.00; and this was the most favorable contract said town council was able to make with any of the several bidders for said work. WHEREAS, it was agreed in said contract with E. Smedley that if the town so desired he would accept in part payment for his work under said contract, town warrants drawn to bear six per cent interest. WHEREAS, in settlement with said E. Smedley under said contract and for extra work done by him incidental thereto, the town council of Fayette, Iowa, authorized its proper officers to pay to him the sum of $7044.00, and said payment was made in part by the issuance of three warrants upon the waterworks fund as follows: One warrant no. 1635 for $500.00, dated November 26, 1906, due on or before 10 years after date, with interest at 6% payable annually. LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY [CH. 246 One warrant no. 1636 for $500.00, dated November 26, 1906, due on or before 10 years after date, with interest at 6% payable annually. One warrant no. 1637 for $184.25, dated November 26, 1906, due on or before 10 years after date, with interest at 6% payable annually. WHEREAS, the said waterworks extension was completed in a proper and satisfactory manner by the said E. Smedley and the amount charged by him and agreed by said town of Fayette to be paid therefor was the fair and reasonable cost of said work, and the said town of Fayette has had the benefit of the full value of said warrants issued in part payment therefor. WHEREAS, the total indebtedness of the town of Fayette, Iowa, at the time said warrants were issued, including said warrants, was not, and is not now at the present time, and never has been in excess of the five per cent of the actual value of the assessable property within said incorporated town. WHEREAS, questions have arisen as to the legality of said warrants above described and as to the right of the town council, or the town treasurer, to pay the same. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Warrants legalized. That all warrants issued by the town of Fayette, Iowa, to E. Smedley as above described are hereby declared to be legal and valid as though said warrants had been issued in strict compliance with law; and the said town of Fayette is authorized to pay said warrants and the interest thereon accrued, and accruing, in the manner provided by law for the payment of bonds, and the interest on bonds, issued for the construction of a waterworks plant. SEC. 2. Pending litigation. Nothing in this act shall in any way affect pending litigation concerning the subject matter hereof. SEC. 3. Town not liable prior to date of maturity. Nothing in this act shall be construed as making said town of Fayette, Iowa, liable for the payment of the principal represented by the face of said warrants prior to the time of maturity of said debt as described in said warrants. Approved April 10, A. D. 1911. CHAPTER 246. THE TOWN OF FLOYD. AN ACT to legalize all the elections of the town of Floyd, in the county of Floyd, state of Iowa, and all acts performed and proceedings held or undertaken, and all ordinances and resolutions, or amendments thereto, passed by the town council of said town, and all the official acts of the town officers of said town, since the passage of an act relating to the organization of cities and towns and known as chapter twenty-six of the acts of the thirty-second general assembly; and defining the terms of office of the councilmen and officers of said town, and providing for future elections therein. WHEREAS, in the election of the members of the town council and other town officers in and for the town of Floyd, in the county of Floyd, state of Iowa, held since the passage and going into effect of an act relating to the organization of cities and towns and known as chapter twenty-six of the acts of the thirty-second general assembly of the state of Iowa, no notice has been taken of said act, but said elections inadvertently have been held and members of the town council and other town officers nominated and CH. 246] LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY elected without reference thereto, but in accordance with the statutes previously existing in relation to such elections, and as if the said statutes were still in full force and effect and unrepealed and unamended; and WHEREAS, at a town election so held on the last Monday in March A. D. 1908, E. A. Kenyon and J. C. Lindsay were duly elected as councilmen, and at a town election so held on the last Monday in March, A. D. 1909, C. H. Gutches and F. L. Morse were duly elected as councilmen, and at a town election so held on the last Monday in March, A. D. 1910, George H. Jackson was duly elected mayor, C. N. Barney was duly elected clerk, W. H. Staebler was duly elected treasurer, L. A. Beattie was duly elected assessor, and Robert Hanf and Charles Knowlton were duly elected members of the town council of said town; and WHEREAS, the said persons have duly qualified and have filled the offices to which they were respectively elected and performed the duties thereof, and as such officers and councilmen have performed divers official acts; and WHEREAS, the town council of said town has acted and proceeded in all matters as if the said persons so elected as councilmen had been legally elected and were legally entitled to membership therein, and said town council so composed in whole or in part of said persons has undertaken to pass various ordinances and resolutions and to perform other official acts; and WHEREAS, doubt has arisen as to the legality of all the ordinances, resolutions, and amendments to ordinances and resolutions, passed by the said council of the town of Floyd, and as to the legality of all of its acts and proceedings and those of the said town officers elected as aforesaid; now therefore Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Elections, acts and ordinances legalized. That all of the elections of the town of Floyd, in the county of Floyd, state of Iowa, held since the passage of an act relating to the organization of cities and towns and known as chapter twenty-six of the acts of the thirty-second general assembly of the state of Iowa, and all of the acts performed and proceedings held or undertaken, and all of the ordinances, or amendments thereto, passed by the town council of said town of Floyd and all the official acts of the town officers of said town acting as such officers performed or undertaken since the passage of the said act, and not in contravention of the laws of the state, are hereby legalized and declared to be valid and binding the same as [if] the said act had not been passed and the law had been in all respects strictly complied with in the elections of said town officers and members of said town council. SEC. 2. Officers legally elected. That all of the persons before named elected as aforesaid as officers and councilmen of the said town are hereby declared to have been duly and legally elected and to be now legally acting as such, and the terms of office of said officers and councilmen, and each of them, shall continue as hereinafter provided. SEC. 3. Officers and councilmen to be elected in 1912. That on the last Monday in March, A. D. 1912, there shall be held an election in said town of Floyd at which there shall be elected a mayor, treasurer, assessor, and five councilmen at large as provided in chapter twenty-six of the acts of the thirty-second general assembly, and the councilmen so elected shall compose the town council and be the successors of the six councilmen now in office and shall at their first meeting appoint a clerk as provided by section seven of said chapter twenty-six. That the present town officers and councilmen of the said town shall continue to hold office in such, but only until |