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CH. 274]

LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY.

porated town of Mondamin, Harrison county, Iowa, on the 7th day of July, 1903 and all proceedings had by the town council of said incorporated town on said date and all official acts done by virtue thereof, be and the same are hereby declared to be valid and binding the same as though the law had in all respects been strictly complied with; 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 full force from and after its publication in the Des Moines Register and Leader, newspaper published in the city of Des Moines, Iowa and the Mondamin Enterprise, newspaper published in the town of Mondamin, Iowa, without expense to the state.

Approved March 27, A. D. 1907.

I hereby certify that the foregoing act was published in the Register and Leader, March 28, 1907, and the Mondamin Enterprise, April 4, 1907.

W. C. HAYWARD,
Secretary of State.

CHAPTER 274.

THE TOWN OF NODAWAY.

S. F. 343.

AN ACT to legalize the ordinances and amendments to ordinances passed by the town council of Nodaway, Iowa, and to legalize all official acts of the town officials of Nodaway, Iowa, acting as such officials.

WHEREAS, Doubts have arisen as to the legality of all the ordinances of the town of Nodaway, Iowa, and the amendments thereto, heretofore in force, and the acts of its officers thereunder, now therefore,

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

SECTION 1. Ordinances and acts legalized-pending litigation. That the passage and adoption of all ordinances of the town of Nodaway, Adams county, Iowa, heretofore made, and all amendments thereto, and all the acts of all town officers or persons acting as officers, or the town council of said town, done or undertaken thereunder, are hereby legalized, validated 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 strictly complied with in the adoption, passages, recording and publication of said ordinances including all official acts done or undertaken by the officials and town council and persons acting as officers of said town under said ordinances. Nothing herein contained 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 its publication in the Des Moines Register and Leader, and the Nodaway Valley News, newspapers published in Des Moines, Iowa, and Nodaway, Iowa, 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 Nodaway Valley News, April 11, 1907.

W. C. HAYWARD,
Secretary of State.

LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY.

[CH. 275

CHAPTER 275.

THE CITY OF OELWEIN.

S. F. 372.

AN ACT legalizing the acts and proceedings of the city council of the city of Oelwein, Iowa, in purchasing grounds for park and appropriating money from the park fund in partial payment of the same, and any and all acts of the city treasurer of said city in the payment of warrants drawn on the park fund by the city clerk of said city.

WHEREAS, At a meeting of the city council of the city of Oelwein, held on the thirteenth (13) day of March, one thousand nine hundred and three (1903), a resolution was adopted by said city council to submit to the qualified electors of said city of Oelwein the question of voting a two mill tax levy upon the assessed property within said city, for the purpose of purchasing suitable real property for a public park for said city, said levy to continue for five (5) years from date of levy, and

WHEREAS, Proper proclamation was made and notice given of an election. upon the question of making said tax levy for the purpose of purchasing suitable real property for a public park for said city, and

WHEREAS, Said proposition was submitted to the qualified electors of said. city, at the city election of said city, held March 30, A. D. one thousand nine hundred and three (1903), and

WHEREAS, A majority of the legal voters voting at said election voted in favor of said tax levy, and

WHEREAS, On the 8th day of September, A. D. one thousand nine hundred and three (1903), said city council levied, in pursuance of said election a two mill tax for public park fund, which public park fund tax has annually thereafter been levied, and

WHEREAS, On the 30th day of July, A. D. one thousand nine hundred and six (1906), the city council of said city, by resolution duly adopted instructed the mayor and clerk of said city to enter into a contract with one G. A. Oelwein for the purchase of the following described real property for park purposes: The north two thirds (2-3) and the east one half (2) of the south west one-fourth (14) of section thirty-three (33), township ninety-one (91) north, range nine (9) west of the fifth P. M., in Fayette county, Iowa, and to pay for the same in the following manner: One thousand dollars (1,000) at the time of signing the contract and seven thousand one hundred and fifty dollars ($7,150), on the 31st day of May, A. D. one thousand nine hundred and twenty-one (1921), and instructed the city clerk to draw a warrant on the park fund in the sum of one thousand dollars ($1,000), as first payment on said contract, and

WHEREAS, On the 30th day of July, A. D. one thousand nine hundred and six (1906), the mayor and clerk of said city did enter into a contract with the said G. A. Oelwein for the purchase of said above described real property for a public park for said city, and

WHEREAS, The city clerk of said city did, on the 30th day of July, A. D. one thousand nine hundred and six (1906), draw a warrant on the park fund of said city in the sum of one thousand dollars ($1,000), in favor of the said G. A. Oelwein, and

WHEREAS, Said city warrant drawn on the park fund was duly presented to the city treasurer of said city and by him paid out of said park fund, and WHEREAS, There are doubts as to the legality of the proceedings and actions of said city council in purchasing said ground for park purposes in the way and manner hereinbefore set forth, and

CH. 276]

LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY.

WHEREAS, There are also doubts as to the legality and validity of the action of said city treasurer in the payment of said warrant drawn on the park fund in the way and manner herein before set forth, therefore,

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

SECTION 1. Proceedings of council and purchase of real property legalized. That all proceedings of the city council of the city of Oelwein, Iowa, with reference to the purchase of the real property for park purposes, as set out in the preamble hereto, are hereby legalized and made of the same validity, force, and effect as if all the requirements and provisions of the law applicable thereto had been fully complied with, and that the purchase of said real property for park purposes is hereby declared to be valid and legal, and that the action of said city treasurer in the payment of said warrant in the way and manner set forth in the preamble hereto is hereby legalized and validated so as to be of the same force and effect as if each and every provision of the statute of the state of Iowa with reference thereto had been strictly complied with.

SEC. 2. Pending litigation. Nothing in this act shall in any manner 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 Des Moines Register and Leader, a newspaper published in Des Moines, Iowa, and the Oelwein Register, a newspaper published in Oelwein, Iowa, without expense to the state.

Approved April 10, A. D. 1907.

I hereby certify that the foregoing act was published in the Register and Leader, April 19, 1907, and the Oelwein Register, April 24, 1907.

W. C. HAYWARD,
Secretary of State.

CHAPTER 276.

THE TOWN OF PRAIRIEBURG.

H. F. 470.

AN ACT to legalize the incorporation of the town of Prairieburg, Linn county, Iowa, the election of its officers and all acts done and ordinances passed by the town council of said town.

WHEREAS, Doubt exists as to the legality of the incorporation of the town of Prairieburg, Linn county, Iowa, the election of its officers, official acts done, and the ordinances and resolutions passed by the town council of said town; therefore,

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

SECTION 1. Incorporation, election, acts and ordinances legalized-pending litigation. That the incorporation of the town of Prairieburg, Linn county, Iowa, the election of its officers and all acts done and the ordinances and resolutions passed by the town council of said town, not in contravention of the laws of the state, are hereby legalized and the same are hereby declared to be valid and binding the same as though the law had been, in all respects, strictly complied with in the incorporation of said town, the election of its officers, and all official acts done, and the passage of its ordinances and reso

LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY.

[CH. 277

lutions, provided that nothing in this act shall in any wise affect pending litigation.

SEC. 2. In effect. This act, being of immediate importance, shall be in force and effect from and after its publication in the Register and Leader, a newspaper published at Des Moines, Iowa, and in the Cedar Rapids Tribune, a paper published at Cedar Rapids, Iowa, without expense to the state. Approved April 10, A. D. 1907.

I hereby certify that the foregoing act was published in the Register and Leader, and the Cedar Rapids Tribune, April 19, 1907. W. C. HAYWARD, Secretary of State.

CHAPTER 277:

THE CITY OF RED OAK JUNCTION.

S. F. 283.

AN ACT legalizing an ordinance of the city council of the City of Red Oak Junction (now Red Oak), Iowa, passed February fifth, A. D. nineteen hundred, granting to the Red Oak Gas Light Company the use of the streets of Red Oak Junction (now Red Oak), Iowa, with certain conditional rights and privileges, for the purpose of erecting, purchasing, owning and maintaining a gas works system in said city.

WHEREAS, Upon the fifth day of February, 1900, the city council of the city of Red Oak Junction, Iowa, which city is now the city of Red Oak, passed an ordinance, recorded in the revised ordinances, city of Red Oak, Iowa, 1906, at page 135, and as chapter No. 62, granting unto the Red Oak Gas Light company, its successors and assigns, the right and privilege of purchasing, erecting, owning and maintaining gas works in said city and of using the streets and alleys for laying down gas mains and pipes to distribute its gas through the city to its citizens, for public and private uses, and to conduct other business tributary thereto, and,

WHEREAS, doubts have arisen as to the legality and regularity of said ordinance, because of alleged informalities in the form of the ballots used at the election in submitting the question of granting said franchise to the voters of said city, and on account of other alleged informalities, irregularities and ille galities, now therefore,

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

SECTION 1. Ordinance legalized. That the ordinance of the city council of the city of Red Oak Junction, Iowa, which is now the city of Red Oak, Iowa, passed on the 5th day of February, 1900, and recorded in the revised ordinances of the city of Red Oak, Iowa, 1906 as chapter 62, granting to the Red Oak Gas Light company, its successors and assigns, the right and privilege of purchasing, erecting, owning and maintaining gas works in said city, and of using the streets and alleys for laying down gas mains and pipes to distribute gas through the city to its citizens, for public and private use, and to conduct other business tributary thereto, be and the same is hereby legalized as to such action of said city council, as fully as though all the requirements of the law leading up to, and necessary thereto, had been taken in every respect and particular in full compliance with the law.

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 &

CH. 278] LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY.

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

Approved March 19, A. D. 1907.

I hereby certify that the foregoing act was published in the Des Moines Capital, March 21, 1907, and the Register and Leader, March 22, 1907.

W. C. HAYWARD,
Secretary of State.

CHAPTER 278.

THE TOWN OF STOCKPORT.

H. F. 401.

AN ACT to legalize the adoption of all ordinances, resolutions and rules enacted by the council of the town of Stockport, Van Buren county, Iowa, and all acts done by the council of said town.

WHEREAS, In January, 1903, the town of Stockport, Van Buren county, Iowa, was duly incorporated according to law, and the proper officers elected, which officers assumed their duties as such officers, and

WHEREAS, The council of said town of Stockport has from time to time met, adopted and passed ordinances, resolutions and rules and levied taxes, as the council of said incorporated town, and

WHEREAS, Doubts exist as to the validity of the ordinances, resolutions, rules and taxes levied by said council, because the records in said town fail to show a full compliance of all the laws with reference to the enactment of ordinances, resolutions, rules and the levying of taxes for incorporated towns, and because for other reasons, therefore,

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

SECTION 1. Ordinances, resolutions, tax levies and rules legalized-pending litigation. That all 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 said town of Stockport, Van Buren county, Iowa, not in contravention of the laws of the state of Iowa, 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 has 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. 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 and Leader, a newspaper published in Des Moines, Iowa, and in the Stockport News, a newspaper published at Stockport, Van Buren county, Iowa, without expense to the state.

Approved March 27, A. D. 1907.

I hereby certify that the foregoing act was published in the Register and Leader, March 29, 1907, and the Stockport News, April 7, 1907.

W. C. HAYWARD,
Secretary of State.

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