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LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY

[CH. 247

their successors are elected, or appointed, and qualified in the year 1912, as herein provided. That thereafter all of the town officers and councilmen of the town of Floyd shall be elected or appointed biennially as now provided by law.

SEC. 4. Pending litigation. Nothing in the act shall affect any pending litigation.

SEC. 5. In effect. This act being deemed of immediate importance shall be in force and effect from and after its publication in the Des Moines Register and Leader, a newspaper published at Des Moines, Iowa, and the Charles City Daily Intelligencer, a newspaper published at Charles City, Iowa; said publication to be without expense to the state.

Approved April 8, A. D. 1911.

I hereby certify that the foregoing act was published in the Register and Leader and the Charles City Daily Intelligencer, April 12, 1911.

W. C. HAYWARD,
Secretary of State.

CHAPTER 247.

THE TOWN OF GRANDVIEW.

S. F. 271.

AN ACT to legalize the incorporation of the town of Grandview, Louisa county, Iowa, the election of its officers, the passage of its ordinances, and resolutions, and acts done by the town council in the adoption and enforcement of its ordinances and resolutions since its organization in the year Nineteen Hundred, (1900).

WHEREAS, the town of Grandview, Louisa county, Iowa, was incorporated in the year nineteen hundred (1900), and

WHEREAS, in the vote taken upon the proposition to incorporate said town and for the election of the members of its town council and other officers thereof, a large majority of the qualified electors voted in favor of the incorporation of said town and a like majority voted for the officers, but after said election, a protest was made by certain residents of the said town of Grandview, that the election had been conducted by judges favorable to the incorporation and that illegal votes had been cast at the said election and that certain votes were refused by the said judges of election which should have been voted, and alleging misconduct on the part of the judges. but the alleged illegal votes so received by the judges and the votes refused to be taken, could not in any manner affect the result of the said election, and WHEREAS, the officers and town council of the town of Grandview, Louisa county, Iowa, have been at all times elected and conducted under the laws of the state of Iowa in force at the date of its organization, without reference or complying with amendments to the said laws since July, nineteen hundred and seven (1907); that said town of Grandview had continued to elect six (6) councilmen instead of five (5), as by law provided, and,

WHEREAS, the functions of an incorporated town have been exercised and enjoyed by said town of Grandview and the inhabitants thereof since its incorporation, and

WHEREAS, certain ordinances and resolutions were in good faith adopted and passed by the town council of said town, and

WHEREAS, the records of said town council were improperly kept and failed to show the proceedings had and done by the town council in the adoption

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of certain ordinances and resolutions, the proper recording thereof in the town record kept for that purpose, and,

WHEREAS, said ordinances were read in council and published as by law required, and

WHEREAS, doubts have arisen as to the legality of the incorporation of the town of Grandview, Louisa county, Iowa, and the election of its officers, and the passage of ordinances and resolutions passed by the town council of said town and the signing of the same by the mayor and recorder and the proper recording of the same, the tax levies, general and special, and fines and convictions under and by virtue of the ordinances thereof, and all other acts done by said town as an incorporated town or by the officers thereof.

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

SECTION 1. Incorporation, election, ordinances, etc., legalized-pending litigation. That the incorporation of the town of Grandview, Louisa county, Iowa; the votes taken upon the incorporation thereof and upon the election of its officers from the date of its organization; the passage or adoption by its council; of resolutions and ordinances not in contravention of the laws of Iowa; the record of certain ordinances; the signatures of the mayor and recorder of said town thereto, or the failure to attach such signatures, or the failure of such signatures to appear, and all the acts and doings of such town and its officers in adopting, recording and enforcing its said ordinances, and in the collection of fines and licenses, and taxes levied and collected by said town, under and by virtue of its said resolutions and ordinances, be and the same is hereby legalized and are hereby declared to be valid and binding in all respects the same as though the requirements of the law had been strictly and fully complied with in every particular, in voting for the incorporation of the said town; in the election of its officers; the election of six (6) councilmen instead of five (5) after the year nineteen hundred and seven (1907); the passage and adoption of all its ordinances and resolutions and the recording thereof; in the making of its tax levies and the enforcement of its ordinances, and all its official acts as an incorporated town, are hereby made legal and binding and given full force and effect, but nothing in this act shall in any way affect pending litigation.

SEC. 2. 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 Des Moines Register and Leader, a newspaper published at Des Moines, Iowa, and in the Columbus Safeguard, a newspaper published at Columbus Junction, Louisa county, Iowa, both publications to be without expense to the state of Iowa.

Approved March 17, A. D. 1911.

I hereby certify that the foregoing act was published in the Register and Leader March 21, 1911, and in the Columbus Safeguard, March 23, 1911.

W. C. HAYWARD,
Secretary of State.

LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY

[CH. 249

CHAPTER 248.

THE TOWN OF KIRON.

S. F. 212.

AN ACT to legalize the incorporation of the town of Kiron, Crawford county, Iowa, the election of its officers, their qualifications to act as such officers, the passage, approval and recording of its ordinances, and resolutions, and all acts done by the council of said town.

WHEREAS, doubts have arisen as to the legality of the incorporation of the town of Kiron, in Crawford county, Iowa, and the acts of its officers thereunder, their legal qualifications to act as such officers, their election, the passage and adoption of its ordinances and resolutions, the signing of the same by the proper officers, the recording and publication thereof; therefore, Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Incorporation, ordinances, etc., legalized-pending litigation. The incorporation of the town of Kiron, Crawford county, Iowa, the election of its officers, and qualifications to act as such officers, the passage, approval and adoption of its resolutions and ordinances, the signing of same by the proper officers, or the lack thereof, the fact that any officer of said town had not properly qualified, or was not a citizen when acting as such officer, and all acts done or undertaken by said council be and the same are hereby validated, legalized and established, and the same are declared to be valid, and binding, with the same force and effect as though the law had in all respects been fully complied with in the incorporation of said town, the election of its officers, the qualification and citizenship of said officers, the recording and signing and approval of its ordinances, and resolutions, and the publication thereof, including all official acts undertaken, or done by said council, but nothing in this act shall affect pending litigation.

SEC. 2. 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 Kiron News, published at Kiron, Iowa, without expense to the state. Approved March 27, A. D. 1911.

I hereby certify that the foregoing act was published in the Register and Leader March 30, 1911, and in the Kiron News, April 5, 1911.

W. C. HAYWARD,
Secretary of State.

CHAPTER 249.

THE TOWN OF LA MOTTE.

H. F. 612.

AN ACT to legalize a certain election held October 14, 1910, in the town of La Motte, Jackson county, Iowa.

WHEREAS, the town council of the town of La Motte, Jackson county, Iowa, pursuant to a petition signed by a majority of the qualified electors of the town of La Motte, did hitherto call a special election of the voters of the town of La Motte, to vote on the question of building and constructing a waterworks system, and on the question of issuing bonds in the sum of $5,000.00 for water works purposes, and

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WHEREAS, said election was held on the 14th day of October, A. D. 1910, and of the vote polled, more than a two-third majority was cast in the affirmative on each of the questions submitted, and

WHEREAS, doubt has been raised concerning the validity of the special election on the ground that the public notices of said special election failed to notify the voters of the particular place within the town of La Motte at which said special election should be held, now therefore,

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

SECTION 1. Public notices legalized. That the public notices of the special election held at La Motte, Jackson county, Iowa, on the 14th day of October, A. D. 1910, 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 in the town of La Motte 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 its publication in the Register and Leader, a newspaper published at Des Moines, Iowa, and the La Motte News a newspaper published at La Motte, Iowa, without expense to the state. Approved April 15, A. D. 1911.

I hereby certify that the foregoing act was published in the Register and Leader April 20, 1911, and in the La Motte News April 27, 1911.

W. C. HAYWARD,
Secretary of State.

CHAPTER 250.

THE TOWN OF LENOX.

S. F. 290.

AN ACT to legalize the ordinances and rules of health of the incorporated town of Lenox, Taylor Co., Iowa.

WHEREAS doubts have arisen as to the legality of the ordinances, resolutions, and rules of health of the incorporated town of Lenox, Iowa, which have been adopted since January 31, 1898, in that the same were not regularly read at three separate meetings, of the council, nor on three different days, nor was the rule allowing ordinances to be passed at the same meeting of the council properly observed and suspended, nor were the yeas and nays duly recorded as required by law, nor were the minutes of the meetings of the council properly kept, nor were all of the ordinances properly signed by the mayor and recorder, nor were they all printed as required by law. Therefore Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Ordinances and rules of health legalized-pending litigation. All of the acts of the council of the incorporated town of Lenox, Iowa, since January 31, 1898, in the passage, adoption and publication of the ordinances and rules of health of said town, and all acts of the council of said town of Lenox, under the terms of said ordinances and rules of health, be, and the same are hereby legalized and declared to be as valid as if all the provisions of the laws of the state relating to the passage, adoption, signing, and the publication thereof had been duly and fully observed, and as if such or

LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY

[CH. 251

dinances, resolutions, and rules of health had been legally and lawfully passed, adopted, signed, and published as provided by the statutes of Iowa, and the yeas and nays recorded as required by law, and the rule allowing the passage of ordinances been properly observed and suspended, and all ordinances been properly signed and published. Providing, however, that nothing in this act shall in any manner affect any pending litigation. Approved March 17, A. D. 1911.

CHAPTER 251.

THE CITY OF MARSHALLTOWN.

S. F. 484.

AN ACT to legalize certain warrants of the city of Marshalltown, Iowa.

WHEREAS, the city of Marshalltown, county of Marshall, state of Iowa, did hitherto make expenditures in the amount of twenty seven thousand dollars ($27,000), and

WHEREAS, said city of Marshalltown, issued warrants in the sum of twenty seven thousand dollars ($27,000), to evidence the indebtedness incurred in making said expenditures, and

WHEREAS, said warrants did not when issued and do not now exceed the constitutional limitation of indebtedness, and

WHEREAS, said expenditures were all made for purposes authorized by law, and

WHEREAS, the city of Marshalltown has been and now is enjoying the use and benefit of said expenditures, and

WHEREAS, the results of said expenditures were well worth the price which the city of Marshalltown contracted should be paid therefor, and

WHEREAS, doubts have arisen concerning the legality of the aforesaid warrants, or a portion thereof, on the ground that the aforesaid expenditures or a portion thereof, were contracted in excess of the city's authorized annual revenues, and

WHEREAS, doubts have arisen concerning the legality of the aforesaid warrants, or a portion thereof, on the ground that aforesaid expenditures, or a portion thereof, were not provided for in the city's annual appropriations, and WHEREAS, doubts have arisen concerning the legality of aforesaid warrants, or a portion thereof, on the ground that the indebtedness which said warrants evidence, was contracted in excess of the statutory limitation of indebtedness, now therefore,

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

SECTION 1. Acts legalized. That the acts of the city council of the city of Marshalltown, in the county of Marshall, state of Iowa, in making expenditures for the city of Marshalltown and issuing warrants therefor in the sum of twenty seven thousand dollars ($27,000), be and the same are hereby legalized, as though the law had in all respects been complied with.

SEC. 2. Warrants legalized. The aforesaid warrants of the city of Marshalltown, in the sum of twenty seven thousand dollars ($27,000), be and the same are hereby legalized and declared to be valid, legal and subsisting obligations, the same as though the law had in all respects been complied with.

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