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§ cities and villages,” approved April 10, 1872, and all amendments thereto. APPROVED June 25th, 1915.

CITY OF JACKSON VILLE. § 1. Repeals article XI of Act to incorporate—when Act shall take effect. (SENATE BILL No. 450. APPRoved JUNE 25, 1915.)

AN ACT to repeal Article XI of an Act entitled, “An Act to incorporate the City of Jacksonville in the County of Morgan and State of Illinois,” approved February 15, 1867, as amended by an Act approved March 29, 1869. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That Article XI of an Act entitled, “An Act to incorporate the city of Jacksonville, in the county of Morgan, and State of Illinois,” approved February 15, 1867, as amended by an Act approved March 29, 1869, be and the same is hereby repealed. This Act shall not take effect and be in force until the first day of March A. D. 1916. APPROVED June 25th, 1915.

LOCAL IMPROVEMENTS-BOARD OF, IN CITIES UNDER COMMISSION FORM.

§ 1. Amends section 6, Act of 1897, as subse- § 6. As amended, adds provision for

quently amended. board of local improvements in cities having commission form of government.

(House BIll No. 876. APPRoved JUNE 29, 1915.)

AN ACT to amend section sia (6) of an Act entitled, “An Act concerning local improvements,” approved June 14, 1897, in force July 1, 1897, as amended by an Act approved and in force May 9, 1901, as amended by an Act approved and in force May 25, 1908, as amended by an Act approved June 28, 1913, in force July 1, 1913. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section six (6) of an Act entitled, “An Act concerning local improvements,” approved June 14, 1897, in force July 1, 1897, as amended by an Act approved and in force May 9, 1901, as amended by an Act approved and in force May 25, 1908, as amended by an Act approved June 28, 1913, in force July 1, 1913, be amended to read as follows: § 6. BoARD of Local IMPROVEMENTs.] In cities within the terms of this Act, having a population of one hundred thousand (100,000) or more, by the last preceding census of the United States, or of this State, there is hereby created a board of local improvements consisting of the superintendent of special assessments and five other members; such five members shall be nominated by the mayor and shall be confirmed by the council or board of trustees of such city; and no one of which, except such superintendent of special assessments, shall be the head of any department of the government of such city, or hold any other office or position therein. Said board shall elect from its members a president, a vice president, and an assistant secretary. The superintendent of special assessments shall be ea officio secretary of

the board. In the absence or the inability of the president or secretary to act, the vice-president for the president and the assistant secretary for the secretary, are hereby given full power to sign and execute contracts, vouchers, bonds, pay-rolls and all other papers, documents and instruments necessary to carry this Act and all proceedings hereunder into full force and effect. Said board shall hold daily sessions for the transaction of all business in rooms accessible to the public, to be provided by the city council. The city council or board of trustees of such city shall provide for salaries for said board of local improvements. In cities within the terms of this Act having a population of more than fifty thousand (50,000) and less than one hundred thousand (100,000) by the last preceding census of the United States, or of this State, there is hereby created a board of local improvements, consisting of five members, of which board the commissioner of public works shall be the president. The other members of said board shall be the superintendent of streets, the superintendent of sewers, and superintendent of special assessments and the city engineer. In cities having a population of less than fifty thousand (50,000) and in villages and incorporated towns, the board of local improvements shall consist of the mayor of said city, or the president of such village or town, who shall be president of such board, and the public engineer and the superintendent of streets of such municipality, where such officers shall be provided for by ordinance; but if at any time no such officers shall be provided for, then the city council or the board of trustees, as the case may be, shall by ordinance designate two or more members of such body who shall, with such mayor or president of such village or town, until otherwise provided by ordinance, constitute the members of the board: Provided, however, that in cities having a population of less than fifty thousand (50,000) and in villages and incorporated towns which have heretofore adopted or shall adopt an Act known as “The Commission Form of Municipal Government” Act, it shall be lawful for the council of said city, village or incorporated town to provide by ordinance that the board of local improvements shall consist of the mayor and any two or more of the commissioners, regardless of whether or not said offices of public engineer and superintendent of streets are provided for by ordinance. APPROVED June 29th, 1915.

LOCAL IMPROVEMENTS_JUDGMENT LIENS.

§ 1. Amends section, 56, Act of 1897 as subse- $ 56. As amended, provides judgments quently amended. shall be lien upon property until such judgments are paid—is petitioner dismisses proceedings before collection of assessment the court shall vacate such judgments on motion of petitioner, such vacation shall not be a bar to another improvement.

(SENATE BILL No. 394. Approved JUNE 29, 1915.)

AN ACT to amend section fifty-six of an Act entitled, “An Act concerning local improvements,” approved June 14, 1897, in force July 1, 1897, as subsequently amended. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section fifty-six (56) of an Act entitled, “An Act Concerning Local Improvements,” approved June 14, 1897 and in force July 1, 1897 be and it is hereby amended to read as follows: $ 56. The judgments of the court shall be final as to all the issues involved, and the proceedings in said cause shall be subject to review by appeal or writ of error as hereinafter provided, and not otherwise: Provided, however, that by mutual consent the same may be vacated or modified at a subsequent term, except as hereinafter provided. Such judgments shall have the effect of several judgments as to each tract or parcel of land assessed, and no appeal from any such judgment or writ of error shall invalidate or delay the judgments, except as to the property concerning which the appeal or writ of error is taken. Such judgments shall be liens on behalf of the municipality making the improvement, for the payment of which said special tax or special assessment is levied, on the property assessed from the date thereof, to the same extent and of equal force and validity as a lien for the general taxes until such judgments are paid or the property against which any such judgment is entered is sold to pay the same. Nothing in this section contained shall interfere with the right of the petitioner to dismiss its proceedings, and for that purpose to vacate such judgment at its election at any time before commencing the actual collection of such assessment, and the court in which the judgment is rendered shall enter an order vacating or annulling said judgment of confirmation on motion of petitioner entered at any time after the expiration of the term at which judgment of confirmation was entered upon a showing by petitioner that no contract was let or entered into for the making of said improvement within the time fixed by law, for the letting of the contract or that the making of such improvement under the original proceeding was never commenced, or that the making of said improvement under the prior proceedings was abandoned by petitioner, and no judgment entered in such proceeding so dismissed and vacated shall be a bar to another like or different improvement: Provided, that after the contract for the work shall have been entered into, or the bonds mentioned in this Act issued, no judgment shall be vacated or modified or any petition dismissed at a term subsequent to that at which the judgment was rendered, nor the collection of the assessment be in any way stayed or delayed by the council or board of trustees, or board of local improvements, or any officer of the municipality, without the consent of the contractor and bondholder. The municipality on behalf of which such lien is created may sell and assign the same and either the municipality or the assignee of such judgment lien may at any time in its or his own name, file a bill to foreclose said lien in the same manner that foreclosures are by law permitted in case of delinquent general taxes: Provided, however, that no forfeiture of the property sought to be foreclosed shall have been as a prerequisite to such foreclosure. APPROVED June 29th, 1915.

LOCAL IMPROVEMENTS-WHEN TAKING OR DAMAGING PROPERTY.

§ 1. Amends Act of 1897 by adding section 42a. § 42a. When taking or damaging property —assessments for damaged property included in first installment— when due and payable—interest— manner of collection.

(House BILL No. 677. APPRoved JUNE 23, 1915)

AN ACT to amend an Act entitled, “An Act concerning local improvements,” approved June 14, 1897, and in force July 1, 1897, as amended. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That an Act entitled, “An Act concerning local improvements,” approved June 14, 1897, and in force July 1, 1897, as subsequently amended, be and the same is hereby amended by adding thereto a section to be known as “section 42-a,” which shall read as follows: § 42-a. Whenever an ordinance provides for the making of a local improvement which comprises both the construction of an improvement and the taking or damaging of property therefor, and proceedings have meretofore been or shall hereafter be instituted under this Act for the confirmation of a special assessment or a special tax to defray the whole or any portion of the cost of such improvement, including the cost of the construction thereof and the compensation for the taking or damaging of property therefor, it shall be lawful to provide by the ordinance for such local improvement or by an ordinance passed at any time before the confirmation of the assessment roll, that the aggregate amount assessed and each individual assessment and also the assessment against the municipality on account of property owned by the municipality and for public benefits, be divided into installments not more than ten (10) in number, as follows: So much of the aggregate amount assessed as represents the cost of the construction of the improvement shall be divided into as many parts as there are installments, which parts shall be equal in amount and each a multiple of one hundred dollars, except that any fractional amounts of such cost of construction after division as aforesaid shall be apportioned to the first installment; so much of the aggregate amount assessed as represents the compensation for property to be taken or damaged, together with the cost of making and collecting the special assessment or special tax (in the case of such municipalities as may lawfully include such cost in special assessment or special tax proceedings) shall be apportioned to the first installment of the special assessment or special tax. Within thirty (30) days after the entry of judgment of confirmation in such proceeding, the clerk of the court in which such judgment is rendered shall certify the assessment roll and judgment to the officer of the city, village or town authorized to collect such special assessment or tax; or, if there has been an appeal or writ of error taken on any part of such judgment, then he shall certify such part of the judgment as is not included in such appeal or writ of error, and such certification shall be filed by the officer receiving the same, in his office. With such assessment roll and judgment the clerk of such court shall also issue and

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deliver a warrant for the collection of such assessment or tax. Upon the delivery of such warrant to the aforesaid officer the first installment of such assessment or tax shall become and be immediately due and payable; the second installment of such assessment or tax shall be due and payable on the second day of January next after the date of the first voucher issued on account of work done, if the uncollected portion of the first installment shall have been returned delinquent to the authorized county officer as provided in this act but if the same shall not have been so returned delinquent, then said second installment shall be due and payable one (1) year after said second day of January. The third and subsequent installments shall be due and payable respectively at successive annual periods after such second installment becomes due and payable. All installments shall bear interest until paid at the rate of five (5) per cent per annum. Interest on the first installment shall begin to run from the date when such first installment becomes due and payable, and interest on all subsequent installments shall begin to run from the date of the first voucher issued on account of work done. Interest on such first installment shall be due and payable and shall be collected at the same time as such first installment. Interest on the second and subsequent installments shall be due and payable and shall be collected with the installments respectively, as in this Act provided. Such special assessment or special tax shall be collected in the manner prescribed in this Act for other special assessments and special taxes, except that the collection of the first installment of such special assessment or special tax, or any part thereof, may be enforced if necessary by the sale of the property against which the same is levied, notwithstanding that the improvement for which the same is levied may not have been completed. The provisions of this section shall apply only to proceedings for a special assessment or special tax to defray the cost of a local improvement which comprises both the construction of an improvement and the taking or damaging of property therefor, and such proceedings shall also be governed by the other sections of this Act, so far as the same are applicable thereto, and not inconsistent with the provisions of this section. APPROVED June 23d, 1915.

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