LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY. [CH. 250 SEC. 2. In effect. This act shall be in full force and effect from and after its publication in the Register and Leader and Des Moines Daily News, newspapers published at Des Moines, Iowa. Approved March 12, A. D. 1907. I hereby certify that the foregoing act was published in the Register and Leader, and the Des Moines Daily News, March 14, 1907. W. C. HAYWARD, CHAPTER 250. ACTIONS OF CERTAIN HOMES FOR UNFORTUNATE WOMEN AND ORPHANED OR ABANDONED CHILDREN. S. F. 348. AN ACT to legalize the actions of certain homes for destitute or unfortunate women and orphaned or abandoned children in certain cases and the amendment of articles of incorporation thereof. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Change of name or amendments-how effected by corporations heretofore organized. Any corporation heretofore organized under chapter 2 of title IX of the code, for the maintenance of a hospital or home for destitute or unfortunate women and orphaned or abandoned children, and whose membership is made to depend on the payment of dues and is indefinite or uncertain for any reason, and which has not issued certificates of membership, may at any time change the name of such corporation or amend its articles of incorporation by a vote of at least three-fourths of its governing board of directors or trustees at a meeting called and held for that purpose, after giving four weeks' notice thereof by publication, made in the same manner as original notices, of the time, place and purpose of such meeting. SEC. 2. Change of name and amendments legalized. Any corporation so organized under chapter 2 of title IX of the code which shall have heretofore adopted articles of incorporation, or changed its name or amended its articles, and some question has arisen as to whether such articles, change in name or amendment was adopted by a majority of the members of such corporation as required by section 1651 of the code, and such corporation shall have been engaged in the exercise of its corporate functions for the period of at least three years, such articles, change in name or amendment, shall be held and considered to have been duly adopted by a majority of all the members of such corporation, and are hereby legalized and made valid. SEC. 3. Pending litigation. Nothing in this act contained 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 Sioux City Journal and the Des Moines Capital, newspapers published in the cities of Sioux City and Des Moines respectively. Such publication to be without expense to the state. Approved April 10, A. D. 1907. I hereby certify that the foregoing act was published in the Des Moines Capital, April 17, 1907, and the Sioux City Journal, April 18, 1907. W. C. HAYWARD. CH. 251] LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY. CHAPTER 251. CONSOLIDATION OF CERTAIN SCHOOL DISTRICTS AT OTTUMWA, IOWA. H. F. 453. AN ACT to legalize the action of the independent school district of Star No. 6 of Center township, Wapello county, Iowa, and of the independent school district of Ottumwa, Iowa, consolidating the former with and merging it in the latter. WHEREAS, The independent school district of Star No. 6 of Center township, Wapello county, Iowa, acting by and through its board of directors, petitioned the independent school district of Ottumwa, Iowa, to be consolidated with and merged in said latter school district, and, WHEREAS, Said independent school district of Ottumwa, Iowa, acting by and through its board of directors, granted said petition and consolidated said independent school district, of Star No. 6 with and merged same in said independent school district of Ottumwa, Iowa, and, WHEREAS, A tax was voted by the electors of said independent school district of Ottumwa on the 11th day of March 1907, for the purpose of erecting a school house south of the Des Moines river as it runs through said independent school district of Ottumwa, and, WHEREAS, The most convenient and available site for said school house south of said Des Moines river as it runs through said independent school district of Ottumwa as consolidated is within territory formerly comprising the independent school district of Star No. 6 of Center township, and, WHEREAS, Doubts have arisen as to the legality and regularity of the consolidation of said districts, and the authority of the officers and board of di rectors of the independent school district of Ottumwa as thus consolidated to select a site and erect a school house on the territory formerly known as the independent school district of Star No. 6 of Center township, therefore; Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Consolidation legalized. That the said action of the said independent school district of Star No. 6 of Center township, Wapello county, Iowa, and of the said independent school district of Ottumwa, Iowa, acting through their respective boards of directors be, and the same is hereby legalized and made valid. That said consolidation and merger without any further action or proceedings of any kind whatever be, and the same is hereby legalized and made valid as of the date of March 18th, 1907, and the board of directors, now qualified and acting in said independent school district of Ottumwa are hereby given jurisdiction over all of the territory covered by said consolidation, and are authorized and empowered to select a site and erect a school house at such points as they may decide, south of the Des Moines river and within the limits of the independent school districts of Ottumwa as consolidated, and to do any and all acts which the board, after its organization as provided for in section 13 of chapter 136 laws of the Thirty-first General Assembly, might or could do; and the directors now qualified and acting in said independent school district of Ottumwa shall serve out the respective terms for which they were elected, and their successors shall be selected as though no change had been made in said independent school district of Ottumwa. SEC. 2. In effect. This act, being deemed of immediate importance, shall take effect on and after its publication in the Register and Leader, published LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY. [CH. 252 at Des Moines, Iowa, and the Ottumwa Courier, published at Ottumwa, Iowa. Approved March 28, A. D. 1907. I hereby certify that the foregoing act was published in the Ottumwa Daily Courier, April 1, 1907, and the Register and Leader, April 2, 1907. W. C. HAYWARD, CHAPTER 252. CONSOLIDATION OF THE DUNLEITH AND DUBUQUE BRIDGE COMPANIES. S. F. 60. AN ACT to validate and legalize the consolidation of the Dunleith and Dubuque Bridge Company, a corporation created under the laws of the state of Illinois, with the Dunleith and Dubuque Bridge Company, a corporation created under the laws of the state of Iowa, and validating and legalizing all rights and franchises exercised under said consolidation by said Iowa corporation, and all corporate acts and proceedings of the said Iowa corporation since the consolidation of the said Illinois corporation with it. WHEREAS, On the 25th day of July 1866, the congress of the United States passed an act authorizing the construction and maintenance of a bridge. across the Mississippi river, between Dunleith, in the state of Illinois, and Dubuque, in the state of Iowa. AND WHEREAS, The legislature of the state of Illinois, by an act approved February 14th, 1857, granted a charter to the Dunleith and Dubuque bridge company, a corporation created under the laws of the state of Illinois, and which corporation was by its charter given power to unite and consolidate its franchises and property with any and all bridge and railroad companies in the state of Illinois, or state of Iowa. AND WHEREAS, There was organized and created under the laws of the state of Iowa, on the 3rd day of June, 1867, a corporation known as the Dunleith and Dubuque bridge company for the purposes of constructing a railroad bridge across the Mississippi river from the city of Dubuque, Iowa, to the city then known as Dunleith, in the state of Illinois. AND WHEREAS, Section 1322 of the revision of 1860 of the laws of Iowa, granted the power to railroad companies to join and unite their said road to and with a railroad in an adjoining state, and to merge and consolidate the stock of such company with other railroad companies, and to thereby make one joint stock company of the railroads thus connected. AND WHEREAS, It is provided in section 2036 of the code of Iowa of 1897, that a railroad corporation has the power to join intersect and unite, and to consolidate with any other corporation. AND WHEREAS, On the 6th day of July, 1867, the Dunleith and Dubuque bridge company, a corporation created under the laws of the state of Illinois, executed articles of consolidation with the Dunleith and Dubuque bridge company, a corporation organized under the laws of the state of Iowa. AND WHEREAS, The said corporation has operated as a consolidated company, and said consolidation has been in force and effective since the 6th day. of July, 1867, and all corporate powers of said two corporations have been assumed and exercised by the said Dunleith and Dubuque bridge company, the Iowa corporation, under and by virtue of said articles of consolidation, and which last named corporation has transacted all business of said two corporations, and exercised all the franchises and rights of the said two corporations, under the name of said Iowa corporation, with which said Illinois corporation was so consolidated. Now therefore: CH. 253] LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Consolidation and acts legalized. That the action of the said. Dunleith and Dubuque bridge company, the corporation organized under the laws of the state of Iowa, in consolidating with the said Dunleith and Dubuque bridge company, the Illinois corporation, is hereby legalized and validated, and all franchises, powers and rights exercised by the said Dunleith and Dubuque bridge company, the Iowa corporation, since the said consolidation on the 6th day of July A. D. 1867, and all corporate proceedings acts and contracts made with the said Dunleith and Dubuque bridge company, the Iowa corporation, since said consolidation on the said 6th day of July, A. D. 1867, and all contracts effecting the said consolidation or relating thereto, and all corporate acts done, rights or franchises acquired or exercised, by said Iowa corporation, and all proceedings of the said Iowa corporation founded on said act of consolidation, or connected with or pertaining to the assumption by it of the rights, duties, powers or franchises attempted to be granted and adopted by it in the said consolidation of date July 6th, 1867, are validated and confirmed as completely and fully as if there was an explicit and full legal authority from the state of Iowa at the time of consolidation, authorizing said consolidation. 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, and the Des Moines Daily Capital, newspapers published at Des. Moines, Iowa, which publication shall be without expense to the state of Iowa. Approved February 28, A. D. 1907. I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital, March 2, 1907. W. C. HAYWARD, CHAPTER 253. ACTIONS OF THE BOARD OF SUPERVISORS OF APPANOOSE COUNTY. S. F. 64. AN ACT to legalize certain actions of the board of supervisors of Appanoose county, Iowa, relating to drainage district No. one (1) of said county and the issuance of bonds for the payment of the expenses, costs, costs of construction and fees. WHEREAS, The board of supervisors of Appanoose county, Iowa, after due and legal service of notice of the pendency of the petition and as to the appraisement of damages and the assessment of costs, established drainage district number one (1) of said county and fixed the amount of damages to be paid to each of the parties entitled thereto, and apportioned the costs, expenses, costs of construction and fees, as provided by law; and, WHEREAS, The board of supervisors thereafter. after advertising, as required by law, and receiving sealed bids, awarded contracts to the lowest. bidder; and, WHEREAS, The work on said drainage district has been commenced under the terms of said contracts, and a portion of the work thereon completed; and, WHEREAS, The board of supervisors, uron the recommendation of the engineer in charge, changed the size of the ditch to be constructed from six (6) feet wide at the bottom to twenty (20) feet wide at the bottom. said change being made after the establishment of said district and the advertising and LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY. [CH. 254 receiving bids, and without a re-advertisement for receiving bids for the construction of a ditch twenty (20) feet wide at the bottom; and, WHEREAS, Doubts have arisen as to the legality of the action of the said board of supervisors in so changing the size of said ditch, and in establishing drainage district number one (1) of said county, and in appraising the damages, awarding the contracts, in making the levy of special assessments, and in the order for the issuance of bonds, and the issuance thereof; now, therefore, Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Actions of supervisors legalized. That all actions of the board of supervisors of Appanoose county, Iowa, in establishing drainage district number one (1) of said county, and in appraising the damages to the property owners therein, and in awarding the contracts for the construction of the improvements therein, and in making the levy of the special assessments against the land and property therein benefited, and in the order for the issuance of drainage bonds and the issuance thereof to the entent of thirty thousand dollars ($30,000.00) be, and the same are hereby legalized and made valid and binding to the same extent as though the law had been technically complied with in every respect. Provided, however, that nothing herein contained shall. be construed to 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 Register and Leader and the Semi-Weekly Iowegian, newspapers published in Des Moines and Centerville, Iowa, respectively; such publication to be without expense to the state. Approved March 12, A. D. 1907. I hereby certify that the foregoing act was published in the Register and Leader, March 14, 1907, and the Semi-Weekly Iowegian, March 15, 1907. W. C. HAYWARD, CHAPTER 254. SUBMISSION OF QUESTION TO ELECTORS OF CHICKASAW COUNTY. H. F. 242. AN ACT to legalize the submission to the electors of Chickasaw county, Iowa, the question, viz.: "Shall the board of supervisors of Chickasaw county, Iowa, be empowered to expend and appropriate a sum not to exceed twenty-five thousand ($25,000) for the erection of a poor house for Chickasaw county, Iowa?" WHEREAS, At the June session of the board of supervisors of Chickasaw county, Iowa, it was ordered that the proposition of erecting a new poor house and expending for same a sum not to exceed twenty-five thousand dollars ($25,000), be submitted to the voters of Chickasaw county, Iowa, at the general election to be held November 6, 1906, and at said time it was also ordered that notice of the submission of such question be given the voters as required by section four hundred twenty-three (423) of the code. WHEREAS, There was submitted to the electors of Chickasaw county, Iowa, at the general election held November 6, 1906, the question: "Shall the board of supervisors be empowered to expend and appropriate a sum not to exceed twenty-five thousand dollars ($25,000) for the erection of a poor house for Chickasaw county?" |