CH. 252] LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY SEC. 3. Pending litigation. Nothing in this act shall affect any pending litigation. SEC. 4. 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 Evening Times Republican, a newspaper published at Marshalltown, 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 14, 1911, and in the Times Republican April 15, 1911. W. C. HAYWARD, CHAPTER 252. THE TOWN OF MENLO. H. F. 591. AN ACT legalizing the ordinances of the town of Menlo, Guthrie county, Iowa, and the acts and proceedings of the council of said town had thereunder. WHEREAS, it appears that the ordinances adopted by the town council of the town of Menlo, Guthrie county, Iowa, have not been enacted, passed and recorded in manner and form provided by law, and, WHEREAS, doubts have arisen and do now exist as to the legality of said ordinances and the acts and proceedings of said town council thereunder, therefore, Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Ordinances, acts and proceedings legalized. All ordinances passed by the town council of the town of Menlo, Guthrie county, Iowa, now in force and under which said town council is now acting, and all acts and proceedings had thereunder, in so far as they are not in contravention of the authority granted by law, are hereby legalized and declared to be valid and binding and with the same force and effect as though the law had in every provision thereof been strictly complied with in the passage, enactment and record of said ordinances. SEC. 2. Pending litigation-illegal ordinances and acts not validated. Nothing herein shall in any wise affect pending litigation, nor validate any such ordinance or act thereunder in excess of the powers delegated by law to cities and towns. SEC. 3. In effect. This act being deemed of immediate importance shall be in force and effect from and after its publication in the Des Moines Capital, a newspaper published in the city of Des Moines, Iowa, and the Menlo Journal, a newspaper published in the town of Menlo, Iowa. Said publications shall be without expense to the state. Approved April 11, A. D. 1911. I hereby certify that the foregoing act was published in the Des Moines Capital April 12, 1911, and in the Menlo Journal April 20, 1911. W. C. HAYWARD, LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY [CH. 253 CHAPTER 253. THE TOWN OF MONTEZUMA. S. F. 182. AN ACT to legalize the purchase of lots one (1) and two (2) in block nine (9) in the town of Montezuma, Iowa, and the contract therefor made by the council of said town under date of October 22, 1910, and the warrants issued for payment of the purchase price in the total sum of one thousand seven hundred fifty dollars ($1750.00) with interest thereon payable annually at the rate of six per cent. WHEREAS, on the 22nd day of of October 1910, the town of Montezuma, Iowa, in the manner provided by statute, made and concluded a contract with James C. Webber and wife for the purchase of lots one (1) and two (2), in block nine (9) in Montezuma, Iowa, at the agreed price of two thousand dollars ($2000.00) and to pay therefor by assuming the payment of a special tax on said property of two hundred fifty dollars ($250.00) for curbing and paving assessed against said property and paying the said James C. Webber on or before five years from date the sum of one thousand seven hundred fifty dollars ($1750.00) with interest thereon payable annually at the rate of six per centum, and to issue to him therefor warrants on the treasurer of said town. And WHEREAS, on the 10th day of November 1910, said warrants were issued, being warrants numbers M for five hundred dollars ($500.00), N for five hundred dollars ($500.00), O for five hundred dollars ($500.00), and P for two hundred fifty dollars ($250.00) all of them in terms providing in accordance with said contract for the payment of six per cent interest every year until paid. And WHEREAS, some question exists as to whether the said town of Montezuma was authorized and empowered to make said contract and purchase and to issue said warrants providing for the payment of interest annually. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Contract, purchase of lots, and warrants legalized. That said. contract and purchase of the lots, described in the preamble, and the warrants issued in payment of the purchase price, which is described in the preamble, are all hereby legalized and made valid, the same as if all had been specifically authorized by statute before they were made or issued. SEC. 2. Pending litigation. Nothing herein contained shall be construed to affect 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, and the Des Moines Capital, newspapers published at Des Moines, Iowa, without expense to the state of Iowa. Approved March 11, A. D. 1911. I hereby certify that the foregoing act was published in the Des Moines Capital, March 13, 1911, and in the Register and Leader, March 14, 1911. W. C. HAYWARD, CH. 254] LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY CHAPTER 254. THE CITY OF OSCEOLA. H. F. 492. AN ACT to legalize and validate the acts of the city council of the city of Osceola, Iowa, in varying from, and constructing paving and curbing on portions of Washington and Webster streets in said city on grades different from the established grades. WHEREAS, the council of the city of Osceola, Iowa, in April, 1910, duly adopted by the required vote, a preliminary resolution providing for the paving and curbing of certain streets in said city, including portions of Washington and Webster streets and, WHEREAS, a time was fixed for the final consideration of such resolution, and the proper notices were then given as provided by law, and, WHEREAS, said resolution was considered and portions of Washington and Webster streets, together with other streets, were ordered paved and curbed, and, the cost ordered assessed against abutting property as provided by law, and, WHEREAS, said council did at a later date let a contract for the construction of said paving and curbing, and, WHEREAS, said paving and curbing has been done honestly and well, and at a large expense, and with the full belief that all of the requirements of the law had been complied with, and that the paving and curbing had been constructed strictly in accordance with said resolution and contract and the laws of Iowa, and, WHEREAS, in paving and curbing the portions of Washington and Webster streets between Main street and the tracks of the Keokuk and Western railroad company, now the Chicago, Burlington & Quincy railroad company, the established grade has been varied from and the paving and curbing as laid and constructed does not conform with the established grade, and that in varying therefrom the property abutting was not damaged or injured, but benefited, and, WHEREAS, the proper assessments were on January 30th, 1911, made against the abutting property, and, WHEREAS, doubts have arisen in regard to the regularity and legality of constructing the paving and curbing on a grade different from the established grade of said city, and, WHEREAS, it appears that the city of Osceola, and its council, acted in the utmost good faith, and under the belief that all its acts were legal, therefore, Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Acts and assessments legalized. That the acts of the council of the city of Osceola, Iowa, in permitting and causing the paving and curbing on Washington and Webster streets in said city, to be laid and constructed at and on a different grade, from the established grade of the city of Osceola, be and are hereby legalized, and the assessments made by the city council of said city on January 30th, 1911, against the real estate and properties along and abutting on Washington and Webster streets for such paving, curbing and street improvements are all legalized and validated, so as to be and have the same force and effect as though constructed and laid on the established grade, and every provision of the laws of the state had been strictly followed. SEC. 2. In effect. This act being deemed of immediate importance shalltake effect and be in force from and after its publication in the Evening Tribune, a newspaper published in the city of Des Moines, Iowa, and the LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY [CH. 255 Osceola Sentinel, a newspaper published in the city of Osceola, Iowa, both publications to be without expense to the state. Approved March 30, A. D. 1911. I hereby certify that the foregoing act was published in the Evening Tribune April 1, 1911, and in the Osceola Sentinel April 6, 1911. W. C. HAYWARD, CHAPTER 255. THE CITY OF OTTUMWA. S. F. 459. AN ACT to legalize certain warrants of the city of Ottumwa, Iowa. WHEREAS, the city of Ottumwa, county of Wapello, state of Iowa, did hitherto make expenditures in the amount of $73,036.89, and WHEREAS, said city of Ottumwa, issued warrants in the sum of $73,036.89, 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 Ottumwa has been and now is enjoying the use and benefit of said expenditures, and WHEREAS, the result of said expenditures were well worth the price, the city of Ottumwa contracted should be paid therefor, and WHEREAS, doubts have arisen concerning the legality of the aforesaid warrants and accrued interest, 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 revenue, 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 Ottumwa, in the county of Wapello, state of Iowa, in making expenditures for the city of Ottumwa and issuing warrants therefor in the sum of $73,036.89 and accrued interest 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 Ottumwa, in the sum of $73,036.89, with accrued interest, 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. SEC. 3. litigation. Pending litigation. Nothing in this act shall affect any pending CH. 256] LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY SEC. 4. In effect. 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 Ottumwa Courier, a newspaper published at Ottumwa, Iowa, without expense to the state. Approved April 10, A. D. 1911. I hereby certify that the foregoing act was published in the Register and Leader and the Ottumwa Courier, April 12, 1911. W. C. HAYWARD, CHAPTER 256. THE CITY OF OTTUMWA. AN ACT legalizing the action of the city council of Ottumwa, Iowa, in transferring to the water works fund certain money realized from water tax levies and to legalize the levy of a five mill water tax made by the city in 1910, and to place the money realized therefrom in the water works fund, and to legalize the action of said city council in making said water tax levy a water works levy. WHEREAS, the city of Ottumwa, Iowa, during each of the years 1906, 1907 and 1908 levied a five mill water tax as provided by law for the purpose of paying the amount due or to become due to the Public Water Company, which operated the water works in said city of Ottumwa, for water supply and hydrant rentals under contract with said city, and there was collected on said levies the sum of $21,702.87 which amount was retained by said city as liquidated damages under the terms of the franchise of said Public Water Company for its failure to make certain specified extensions and improvements to its water works system, and, WHEREAS, said city of Ottumwa has purchased and now owns and operates the water works plant heretofore owned by said Public Water Company, and in the contract of purchase the validity of the forfeiture of said water and hydrant rentals has been recognized by said Public Water Company and it has transferred, released and relinquished all claims to said money and all claims for water and hydrant rentals to said city of Ottumwa, and has sold, transferred and assigned all its right and interest in and to said money and said hydrant and water rentals to said city of Ottumwa, and said sum of $21,702.87 remains in the treasury of the city of Ottumwa; and, WHEREAS, before the purchase of said water works a five mill levy was made by said city of Ottumwa, Iowa, in 1910, under the provisions of subdivision 7 of Sec. 894 of the supplement of 1907 to the code for water tax which has been duly certified; and, WHEREAS, the city council of the city of Ottumwa has passed a resolution transferring said sum of $21,702.87 to the water works fund of said city and providing that the said five mill levy made in 1910 be made a water works levy with the same force and effect as if the same had been originally made under the provisions of subdivision 5 of Sec. 894 of the supplement of 1907 to the code and that the money realized from said levy be placed in the water works fund of said city and that the said sum of $21,702.87 and the proceeds. of said levy made in 1910 be paid out on the order of the water works trustees for the purpose and in the manner provided by law: Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Transfer of funds legalized. That the action of the city council of Ottumwa Iowa in passing said resolution transferring to the water works |