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Publication.

shall have the same force and effect as though all the requirements of Section 492 of the Code, in regard to the publicacation of ordinances, had been fully complied with.

Sec. 2. This act being deemed of immediate importance shall take effect and be in force from and after its publication in the Iowa State Register and the Independence Conservative, newspapers published respectively in Des Moines and Independence Iowa, without expense to the State.

Approved April 11th, 1890.

Indepenter its pukortance

I hereby certify that the foregoing act was published in the Iowa State Register May 9, and the Independence Conservative April 23 1890.

FRANK D. JACKSON, Secretary of State.

CHAPTER 106.

LEGALIZE ACTS COUNCIL OF CHARLES CITY.

S. F. 99.

AN ACT legalizing the acts of the Council of the City of Charles City,

Floyd County, Iowa, and legalizing the ordinances and resolutions passed, and adopted for the government of said City.

Acts and resolutions adopted.

Failure of records to show members present.

WHEREAS, The City of Charles City, Floyd County, Iowa, through its Council passed and adopted ordinances and resolutions, and performed such other acts as properly devolved upon said Council by law, and

WHEREAS, In certain cases the records of said acts, ordinances and resolutions, fail to show what members of said Council were present at the meetings when such acts, ordinances and resolution were passed, that a sufficient number of members were present at the meetings to legally pass same, that the rule was suspended by a three fourths vote of said Council, that the yeas and nays were called on the passage thereof, and the records of which city also fail to show that such ordinances were in all cases published as required by law, therefore

Ordinances and resolutions legalized.

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

SECTION 1. That the ordinances and resolutions of the City of Charles City, Floyd County, Iowa, and the acts of the Council of said City of Charles City in reference thereto, be and the same are hereby legalized and declared to be valid and binding to the same extent as though all the requirements of law had in each and every respect been complied with, and the records of such city showed such compliance.

Approved March 17, 1890.

CHAPTER 107.

LEGALIZE ACTS CITY COUNCIL CITY OF KEOKUK.

AN ACT to legalize the action of the City Council of City of Keokuk H. F. 506.

granting John C. Hubinger and to his successors and assigns the privilege to such in the Streets and alleys of said City the necessary poles, wires and conduits to properly maintain and operate an Electric System for furnishing Electric Light and power to the inhabitants of the City Keokuk.

No. 40 passed.

WHEREAS, the City Council of the city.of Keokuk did on Ordinance July 16th, 1888, passed an Ordinance No. 40 granting the power above mentioned to John C. Hubinger and to his successors and assigns.

WHEREAS, Doubts have arisen as to the power to pass such Doubts as to Ordinance without a vote of the people to approve same under Section 639 Code 1873, Laws of Iowa as amended by the 22nd, General Assembly Chapter 11 and 26 Therefore.

legality.

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

SECTION 1. That the act of the City Council of the City of Acts legalized Keokuk in granting J. C. Hubinger and his successors and assigns the power aforesaid without the vote of the people be and same is hereby legalized.

SEC. 2. This act being deemed of immediate importance Publication. shall be in force and effect from and after its publication in the Iowa State Register and Keokuk Gate Newspapers published at Des Moines and Keokuk Iowa provided that said publication be without expense to the State.

Approved April 17th, 1890.

I hereby certify that the foregoing act was published in the Iowa State Register April 24, and the Gate City April 23, 1890.

FRANK D. JACKSON, Secretary of State.

CHAPTER 108.

LEGALIZE TAX LEVY IN CARROLL COUNTY.

S. F. 211.

AN ACT to Legalize the levy of certain taxes for certain years in

Carroll County Iowa.

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

SECTION 1. That the taxes assessed or levied by Carroll county of this state for the years 1884, 1885, 1886, 1887, 1888 and 1889, under Chapter 200 of acts of Twentieth General Assembly, are hereby legalized and made valid to the same extent as though such countie [county] had had the power to levy the same, notwithstanding the proviso in section one of said Chapter. Provided the said levy made by the Board of Supervisors exclusive of any levy made by the board of township trustees, shall not be in excess of one mill on the dollar, of the assessed value of the taxable property of the County.

This act being deemed of immediate importance the same shall be in force and effect from and after its publiction in the Iowa State Register and State Leader, Newspapers published in Des Moines Iowa, without expense to the State.

Approved April 10, 1890.

Publication.

I hereby certify that the foregoing act was published in the Iowa State Register April 16 and the Des Moines Leader April 17 1890.

FRANK D. JACKSON, Secretary of State.

CHAPTER 109.

LEGALIZE ACTS BOARD OF SUPERVISORS JOHNSON COUNTY ALCOCK

DITCH.

S. F. 326

AN ACT to legalize the proceedings of the board of supervisors of

Johnson County Iowa in locating and causing to be constructed a ditch in Fremont Township in said county known as the Alcock ditch, and to provide for an assessment and levy of the costs and expenses thereof on the lands benefited thereby.

of supervisors invalid.

Acts of board Whereas the proceedings of the board of supervisors of

Johnson County Iowa in the years 1882-83–84 in respect to the location and construction of a ditch known as the Alcock ditch, in Fremont Township Johnson County Iowa, and in assessing and levying the costs and expenses thereof on the land benefited thereby are claimed to have been invalid,

tiorari issued.

because said proceedings do not show upon their face that said ditch was petitioned for by a majority of persons resident in Reasons why the county and owning land adjacent to such ditch; and invalid. because, as it is claimed, such majority did not in fact petition therefor; and because of a failure to serve notice of the pendency of such proceedings as provided by law, and for irregularities in letting the contract for the construction of said ditch; and because such ditch is not necessary; and because of other irregularities and informalities, as alleged, in the proceedings of the board of supervisors in locating and constructing said ditch, and in the assessment and levy of the costs and expenses thereof.

And whereas on a writ or writs of certiorari issued out of Writs of certhe Circuit Court of Johnson County on the petition of sundry owners of land in said county assessed for the costs of said ditch, the assessment of the lands of said petitioners have been, by a judgment of said Court and of the Supreme Court of Iowa, adjudged invalid and set aside; and whereas the collection of the tax levied, or attempted to be levied, by the said board of supervisor's on the lands adjacent to said ditch has been enjoined by the Circuit Court of Johnson County Iowa in sundry cases; and whereas the said ditch was constructed under and in pursuance of the said order and proceedings of the said board of supervisors, and under contracts entered into under the same and on the faith thereof; and whereas the auditor of Johnson County issued certain warrants for the cost Warrants and expenses of locating and constructing said ditch; and whereas in sundry suits brought upon some of said warrants in the District Court of Johnson County Iowa against said rants. county judgment has been rendered for the defendant and said warrants held to be invalid, and the county not liable therefor; and whereas the said warrants were issued in good faith and for a valuable consideration, based upon the said order and proceedings of the said board of supervisors; therefore,

issued by Co auditor.

Suits on war

in location, construction, conveyed.

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

SECTION 1. That the proceedings of the board of super- Acts of board visors of Johnson County Iowa in the years 1882–83-84 in respect to the location and construction of a ditch known as etc., legalthe Alcock ditch, in Fremont Township Johnson County Iowa, including the orders of the said board of supervisors for the location and construction of said ditch, the letting and making of contracts therefor be, and the same are hereby legalized and shall be held and decreed valid and effectual to the same extent and effect in all respects as to the said proceedings as if the same had fully conformed to the law when taken; and said ditch as actually constructed shall be held to be a lawful ditch, and all provisions of the law applicable to

certain amount of costs.

ing

a ditch constructed under Ch. 2, Title 10 of the Code, and the

amendments thereto shall apply to the said ditch. Board to as- SEC. 2. The board of supervisors of Johnson Countys

shall, at their regular meeting next after the expiration of 30 days from the taking effect of this act, proceed to ascertain anew the total amount of the costs and expenses of the construction of said ditch, including interest accrued and to accrue on the excess of the amount of any unpaid warrants issued for payment for work done or expenses in locating and constructing said ditch over and above the amount of money applicable to such payments now in the hands of the treasurer of Johnson County, including the costs and expenses of the

proceedings in locating and constructing said ditch (exclusive Expenses of of any expense or cost of litigation in reference thereto). The litigation excluded.

said board shall reapportion and reassess said amounts so ascertained among the and upon the lands in said county benefited by the location and construction of the said ditch in pro

portion to the amount of benefit to the said lands respectively. Basis of reap- Said board shall take as the basis for said apportionment and portionment.

reassessment the list or schedule of lands in said county heretofore assessed by them for said ditch as benefited thereby;

but all persons interested in or affected by said assessments Right of hear- shall have the right to appear and be heard before said board

in respect to said apportionments and assessments, and the said board shall on such hearings make such changes, both in respect to the lands to be assessed and the amounts to be assessed thereon respectively, as in their judgment may be

necessary to make such apportionments and assessments just Completion of and equitable. On the completion of said apportionments and

- reassessments all the provisions of law applicable to apporassessment, tionments and assessments made under and by virtue of Ch. 2.

of Title 10 of the Code and the amendments thereto in respect to the mode of levy and collection and application of the proceeds thereof and appeals therefrom shall apply to the said

reassessments hereby directed, provided that the owners of Certain

any lands so assessed shall be entitled to credit upon their reassessment for any payments made and not refunded upon any previous assessment made or assumed to be made upon said land, for or on account of the construction of said levy; and provided further that when any previous assessment made by the said board of supervisors, against any of said land to pay for the construction of said ditch has been paid in full the

said land shall not be reassessed for said ditch. Lands actual- SEC. 3. In making the reapportionment and reassessment ly sold and

provided for in this act, any land that has actually been sold and conveyed between June 28th 1887 and March 18th 1890, shall not be reassessed; but the failure to reassess any such land shall not operate to increase the assessment on any other land affected by this Act. Provided, that the warrants issued

apportionment and re

credits.

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