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LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY.

[CH. 269

Iowa, and the Register and Leader, a newspaper published in Des Moines, Iowa, without expense to the state of Iowa.

Approved April 10, A. D. 1907.

I hereby certify that the foregoing act was published in the Register and Leader, April 18, 1907, and the Humboldt County Republican, April 19, 1907.

W. C. HAYWARD,
Secretary of State.

CHAPTER 269.

THE CITY OF LEON.
S. F. 29.

AN ACT legalizing the ordinances, acts, proceedings, resolutions and amendments to the ordinances passed by the city council of Leon, Iowa, and legalizing all the acts, proceedings, and resolutions adopted or passed by the said city council in changing from the incorporated town of Leon, Iowa, to the incorporated city of Leon, Decatur county, Iowa, legalizing all of the aforesaid proceedings as fully and effectually as if the law in every particular had been complied with in the passage of all said acts, proceedings and resolutions and publication thereof, if same had in any respect been omitted or neglected, and legalizing all the acts of the officials acting under said acts, ordinances, proceedings and resolutions.

WHEREAS, Doubts have arisen as to the legality of all the ordinances, acts, proceedings, resolutions and amendments to the ordinances passed by the city council of Leon, Iowa, and the acts and elections of the incorporated city of Leon, Decatur county, Iowa, doubts have also arisen in reference to the legality of all the acts and elections of the incorporated city of Leon, Iowa, itself, and doubts having arisen in reference to the legality of the acts of the city officials of the city of Leon, Iowa, acting as such officials; and,

WHEREAS, Doubts have also arisen in regard to the legality of the acts, proceedings, resolutions and ordinances adopted in regard to changing from the incorporated town of Leon, Iowa, to the city of Leon, Iowa; and,

WHEREAS, The ordinances were not republished as readopted by the city council of Leon, Iowa, after its organization as a city of the second class; and, WHEREAS, Doubts have arisen as to the legality of the adoption of the ordinances of the town of Leon, Iowa, by the city of Leon, Iowa; and,

WHEREAS, Certain supposed defects in the publication of certain ordinances adopted by the city council of Leon, Iowa, have arisen in regard to wrong numbering; and,

WHEREAS, Doubts have arisen in regard to the acts, resolutions and ordinances adopted by the city council of Leon, Iowa, dividing the said city into wards in changing from the incorporated town of Leon, Iowa, to a city of the second class. Now, therefore,

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

SECTION 1. Elections, acts, resolutions and ordinances legalized. That all the acts and elections of the city of Leon, Decatur county, Iowa, all the ordinances, acts, proceedings, resolutions and amendments to said ordinances, and all of the official acts of the city officials of said city acting as such officials, and all of said ordinances, resolutions and acts are hereby legalized and given as full force and effect as if the law in every particular had been complied with in the enactment thereof of all the proceedings and the adoption of all ordinances, resolutions, and amendments to the ordinances had been strictly

CH. 270] LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY.

complied with and all of said acts had been in conformity to law; and the division of said city into wards and any and all acts of the city council of the city of Leon, Iowa, in adopting all of the ordinances of said city of Leon, Iowa, are hereby legalized and given the same force and effect as if all the requirements of law enacting said ordinances had been fully complied with.

SEC. 2. In effect. This act, being deemed of immediate importance, shall be in full force and effect as soon as the same is published in the Des Moines Capital, Des Moines, Iowa, and in the Decatur County Journal and in The Leon Reporter, Leon, Iowa, as by law provided without expense to the state. Approved February 23, A. D. 1907.

I hereby certify that the foregoing act was published in the Des Moines Capital, February 26, 1907, the Decatur County Journal, February 28, 1907, and the Leon Reporter, March 7, 1907.

W. C. HAYWARD,
Secretary of State.

CHAPTER 270.

THE TOWN OF LINDEN.

H. F. 283.

AN ACT to legalize the incorporation of the town of Linden, Dallas county, Iowa, the election of its officers, the passage, adoption and record of all of its ordinances, resolutions and rules, and all acts done by the council of said town.

WHEREAS, On the 18th day of October, 1892, a petition in due form was filed in the district court of Dallas county, Iowa, asking the appointment of commissioners to call an election of all of the qualified electors of the town of Linden in said county, to vote upon the question of the incorporation of said town, and

WHEREAS, The said court adjudged that said petition was sufficient and fully complied with the law, and appointed commissioners as provided by law, to call an election and give notice thereof, and

WHEREAS, Said commissioners so appointed called an election and gave notice thereof and at said election a majority of the ballots cast were in favor of the incorporation of said town, and the result of said election was duly reported to said district court of Dallas county, and

WHEREAS, Thereafter the said town of Linden held its first election as an incorporated town, at which election proper officers were elected, who afterwards duly qualified as such, and

WHEREAS, At regularly called and timely elections since said first election the successors of said first elected officers have been duly elected and qualified, and all of said officers have performed the duties of their respective offices, and

WHEREAS, The council of the said town of Linden has from time to time made, adopted and passed ordinances, resolutions and rules, and levied taxes, and done divers acts and things as the council of said incorporated town, and WHEREAS, Doubts exist as to the legality of the proceedings in the matter of the incorporation of said town because of the notice given of the election upon the question of the incorporation of said town, the authority and qualification of the said commissioners and persons to hold said election, the proposition submitted thereat, the kind of ballots used and the manner of voting, the failure to proceed further strictly as provided by law in the matter of the incorporation of towns, and for other reasons, and

LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY.

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WHEREAS, Doubts exist as to the validity of the ordinaces, resolutions and rules, and levies of taxes and divers other acts and things done by the council of said town because of the question of the validity of the incorporation of said town, the manner of expression of the subject of some of the ordinances in the title, thereof, the extent of the content of ordinances or sections revised or amended, the number of councilmen and mayor concurring in the adoption of by-laws, ordinances, resolutions, and orders, and the calling and placing of record the yeas and nays upon the passage or adoption of the same, and because of the question as to whether authenticated by the presiding officer and clerk of the council, and published as required by law, and because of other reasons, therefore,

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

SECTION 1. Incorporation, elections, acts and proceedings legalized. That the incorporation of the town of Linden, Dallas county, Iowa, the notice given of the election upon the question of incorporation, the holding of said election, the proposition submitted, the ballot used, the election of the council and officers of said town and all other acts and proceedings in the matter of said incorporation are hereby, legalized and validated, and the said town of Linden hereby, declared to have been legally incorporated the same as though the law had required nothing more to be done than was done, and in the manner in which it was done.

SEC. 2. Ordinances, resolutions, rules and acts legalized-pending litigation. That all of the ordinances, resolutions, and rules adopted and passed, and tax levies made and all other acts and things done at any time by the council of the said town of Linden, Dallas county, Iowa, not in contravention with the laws of the state, are hereby, legalized and declared to be valid the same as though the law had in all respects been strictly complied with, and the same as though the law had required nothing more to be done than was done, and the same as though in each instance it had required to be done just what was done, and in the manner it was done. But nothing in this act shall in any manner 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 & Leader, a newspaper published at Des Moines, Iowa, and the Linden Chronicle, a newspaper published at Linden, Dallas county, Iowa, without expense to the state.

Approved February 28, A. D. 1907.

I hereby certify that the foregoing act was published in the Register and Leader, March 2, 1907, and the Linden Chronicle, March 8, 1907.

W. C. HAYWARD,
Secretary of State.

CHAPTER 271.

THE TOWN OF MACKSBURG.

S. F. 274.

AN ACT to legalize the plat of W. O. Lee's addition to Macksburg, Iowa.

WHEREAS, Doubts have arisen as to the legality of the plat of W. O. Lee's addition to Macksburg, Iowa for the following reasons:

1st. That there is a discrepancy between the field notes and description of the said plat as the same is filed in the office of recorder of Madison county,

CH. 272]

LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY.

Iowa and the plat as filed in the office of the recorder of Madison county, Iowa, and the said discrepancy consists of showing on the said plat certain streets or parts of streets that are not mentioned in the field notes and description of said plat as streets.

2nd. That there is no record showing that the said W. O. Lee complied with the requirements of the statute as to what the owner and proprietor of land should do in order to lawfully plat the same and the said W. O. Lee was at that time the owner and proprietor of the land thus attempted to be platted. 3rd. That the only thing the said W. O. Lee ever did towards having said land platted was to have it surveyed and to have a plat of same as thus surveyed filed for record in the office of recorder of Madison county, Iowa on page 11 of Vol. 31 deed records of land of Madison county, Iowa, and the field. notes and description of said plat thus surveyed filed on page 12 of Vol. 31 deed record of land of Madison county, Iowa.

4th. That said plat was surveyed on June 27th, 1893 and ever since then it has been treated by the said W. O. Lee and others as a lawful plat and lots therein have been conveyed and described by means of number and block of said addition; therefore,

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

SECTION 1. Plat legalized-pending litigation. That the plat as recorded on page 11 of Vol. 31 and as based upon the field notes and description of said plat thus surveyed filed on page twelve (12) of volume 31 of deed records of land of Madison county, Iowa of W. O. Lee's addition to Macksburg, Iowa, is hereby legalized and given as full force and effect in law as if the said W. O. Lee had fully and completely complied with all the requirements of the statutes required in platting land and the streets and alleys in the said plat dedicated to the public; and the said plat is hereby approved and legalized; but nothing herein shall be construed to affect pending litigation.

SEC. 2. In effect. This act, being deemed of immediate importance, shall take effect from and after its publication in the Register and Leader, a newspaper published in Des Moines, Iowa and The Winterset Madisonian, a newspaper published at Winterset, Iowa as provided by law, without expense to the state.

Approved April 2, A. D. 1907.

I hereby certify that the foregoing act was published in the Register and Leader, April 4, 1907, and The Winterset Madisonian, April 11, 1907.

W. C. HAYWARD,
Secretary of State.

CHAPTER 272.

THE TOWN OF MILFORD.

H. F. 491.

AN ACT to legalize the orders, acts, proceedings and resolutions passed by the council of the town of Milford, Dickinson county, Iowa, in connection with submitting the proposition of granting a franchise to the Midland Telephone Company at the municipal election.

WHEREAS, The council of the incorporated town of Milford, Dickinson county, Iowa did at a meeting of said council, as provided by law, order that the proposition of granting a franchise to the Midland Telephone Company of

LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY.

[CH. 273

Milford, Iowa, be submitted to the electors of said town at the regular municipal election held on the last Monday in March 1905, and

WHEREAS, Notice of said election was published in the Milford Mail, the only weekly newspaper published in said town, as provided by law, and

WHEREAS, In pursuance of said order of the council of said town the said proposition was submitted to the people of the incorporated town of Milford, at the annual municipal election on the last Monday of March 1905, and WHEREAS, A majority of the electors of said incorporated town of Milford voted in favor of granting a franchise to the said Midland Telephone Company, and

WHEREAS, Doubts have arisen as to the legality of submitting the said proposition of the granting a franchise at the annual municipal election, and now therefore,

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

SECTION 1. Election, acts and proceedings legalized-pending litigation. That said election and all acts relating to said election held by the town of Milford, Dickinson county, Iowa, in connection with granting a franchise to the Midland Telephone Company, and all acts, orders, proceedings and resolu tions, and all of the official acts of said council acting as such officials, also the official act of its town clerk and judges of election, and any and all irregularities in relation thereto are hereby legalized and given as full force and effect as if the law in every way had been complied with, and said election had been held at a general election or at one especially called for that purpose as provided by law. Provided, however, that nothing herein contained shall be construed to affect pending litigation. Approved April 13, A. D. 1907.

CHAPTER 273.

THE TOWN OF MONDAMIN.

S. F. 314.

AN ACT to legalize certain ordinances and official acts of the town council of Mondamin, Harrison county, Iowa.

WHEREAS, Doubts have arisen as to the legality of certain ordinances, towit: ordinances 1 to 14 inclusive, passed by the town council of the incorporated town of Mondamin, Harrison county, Iowa, on the 7th day of July, 1903, the same being found on pages 2 to 41 inclusive of the published ordinances of said incorporated town, known as "The revised and compiled ordinances of the town of Mondamin, Iowa", for the following reasons, to-wit:

1st. The clerk failed to keep a true record of the proceedings of the meeting of the town council of said incorporated town, held on the 7th day of July, 1903; and,

2nd. That the incomplete minutes and record of said meeting at which time the said ordinances were passed, failed to show a compliance with sections six hundred and eighty-two (682) and six hundred and eighty-three (683) of the code; therefore,

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

SECTION 1. Ordinances and proceedings legalized-pending litigation. That ordinances 1 to 14 inclusive, passed by the town council of the incor

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