« ForrigeFortsett »
reason of the construction, enlargement or use of any channel, ditch, drain, outlet, embankment, wall, dam, crib, or other improvement or structure of any kind made under the provisions of this Act; and action to recover such damages may be brought against the said Illinois Waterway Commission in the county where any such real estate or property is situated, or in any county through which said Illinois Waterway extends or in which any part of it shall exist, at the option of the party whose property shall be claimed to have been so damaged; and all suits to recover any such damages shall be begun in the Circuit Court of the county so selected by such party in which to bring the same, and service of summons shall be had in the manner as provided by law for the service of summons at common law upon corporations, by leaving a copy of such summons with any member of the said commission who shall be found in the county where the suit is brought or by leaving a copy thereof at the principal office of said commission and informing the person in charge of said office of the nature thereof; and in case judgment is rendered against the defendant in such action the said judgment shall be held, deemed and considered as a binding and conclusive judgment against the State of Illinois, in all respects and for all purposes; and the same shall be promptly paid in like manner and out of the same funds as other payments are made for the expense and cost of constructing said waterway. Nothing herein contained shall deprive either party to said judgment to right of appeal or writ of error as in other cases.
And in case judgment shall be rendered against the defendant for damages as aforesaid, the plaintiff shall also recover his reasonable attorney's fees to be taxed as costs of such suit: Provided, however, that in order to recover such attorney's fees it shall appear on the trial that the plaintiff had duly notified the commission in writing, at least sixty (60) days before such suit was commenced, by leaving a copy of such notice with some one of such commissioners, stating in such notice that the plaintiff claims damages to the amount fixed in such notice by reason of the causes which shall in such notice be stated, and that he intends to bring suit for the same: And, provided, further, that in case it shall appear that the said commission did prior to the beginning of such suit, offer the plaintiff in settlement of such damages, an amount which shall be as large or larger than the amount of damages recovered by the plaintiff in such suit, no such attorney's fees shall be recovered. This section shall extend to and apply to any corporation, municipal or otherwise, which shall be a plaintiff in any such action, as well as to natural persons.
$ 10. Subject to the limitations contained in this Act, the said commission is hereby authorized to acquire by purchase, all property, real and personal, which in the opinion of said commission is necessary or desirable for the construction, equipment and maintenance of the public works hereinbefore specified, and to appoint and employ all assistants, agents and employees, to enter into all contracts and to do all other acts which in the opinion of said commission may be necessary or desirable for the construction of said waterway and for the erection, equipment and maintenance of said power plants, locks. bridges, dams and appliances and the necessary adjuncts thereto. All
contracts for work to be done and material required by said commission under authority of this Act, the expense of which will exceed five hundred (500) dollars, shall be let to the lowest responsible bidder therefor, upon not less than thirty (30) days' public notice. The terms and conditions upon which said contract shall be let shall be given by publication in three newspapers of general circulation in the State of Illinois printed in the English language and also in two engineering papers for circulation in the United States; and said commission shall have power and authority to reject any and all bids and re-advertise: Provided, however, that said commission shall or may cause any piece or pieces of work to be performed by direct employment of labor without the letting of a contract, which, in the discretion of the commission evidenced by the affirmative vote of not less than three (3) of the commissioners, can be most economically performed by that method; and all labor so employed shall be under the direction of the chief engineer and his properly authorized assistants: And, provided, further, that with the approval of the Governor, machinery for doing said work may be purchased upon a like vote without soliciting competitive bids, where in the judgment of the commission the machinery to be purchased is not subject to competition.
The said commission is hereby directed; in letting contracts for the construction of the aforesaid public works, to require of all contractors, as a condition precedent to the acceptance of their bids, that such contractors and their sub-contractors shall adequately insure all workmen and other employees employed by them against risk of all injury or death suffered in the course of their employment. All compensation for either injury or death shall be paid according to a law approved June 28, A. D. 1913, entitled, “An Act to promote the general welfare of the people of this State by providing compensation for accidental injuries, or death, suffered in the course of employment within this State, providing for the enforcement and administering thereof, and a penalty for its violation, and repealing an Act entitled, “An Act to promote the general welfare of the people of this State by providing compensation for accidental injuries or death suffered in the course of employment."
The commission shall further require all contractors and subcontractors to file with said commission the name of the company or companies furnishing the insurance and the acknowledgment of such company or companies that such insurance has been furnished.
In case the State shall undertake the construction of said public works, or any part thereof, by the direct employment of labor, any employee of the State injured in the course of his employment, or in case of his death in consequence of said injury, his dependents shall be relieved and compensated out of the funds under the control of said commission in accordance with the Workmen's Compensation Act heretofore referred to in this section.
S 11. Said commission is hereby vested with all police powers necessary to preserve the peace and protect property and preserve health within the territory contiguous to said waterway, within a distance of two (2) miles on either side thereof, but excluding therefrom all territorv within which any incorporated city, town or village is vested by
law with the same police powers which are hereby granted to said commission. For the enforcement of said police power the said commission is authorized to organize a police force, said police force to be disbanded and discharged when said waterway shall have been completed. The members of said police force shall have all the powers vested by law in police officers and constables. The said commission shall also have power to prescribe sanitary regulations for all camps, boarding houses, and dwellings where employees of said commission or contractors are domiciled; and any violation of any police or health rule or regulation of said commission shall be deemed a misdemeanor punishable as such upon trial and conviction as provided by law in other cases. Said commission shall have power to appoint a health officer, who shall be a physician, and to prescribe his powers and duties.
§ 12. For the purpose of defray[ing] all expenditures of said commission made by authority of this Act, there is hereby appropriated to the Illinois Waterway Commission the following sums: For channel excavation and dredging..
$1,240,200. For locks and dams
1,404,550. For right of way and damage to land..
318,250. For levees, land filling, road work, bridges, sewers and drains 437,000 For power and electrical equipment...
1,000,000. For office expenses, salaries of appointees and employees of
the commission and other administrative and contingent expenses incurred by the commission....
$5,000,000. or so much thereof as may be necessary, payable out of the “Waterway Fund” hereinafter provided for; and for the raising of which sums so appropriated there shall be issued and sold in the manner and at the time or times as hereafter recited, bonds of the State of Illinois to an amount not exceeding five million (5,000,000) dollars, as authorized to be issued by an amendment or provision of the Constitution of the State of Illinois, which was duly ratified by a vote of the people on November 3rd, 1908, and proclaimed adopted by the Governor on November 24th, 1908, and the proceeds thereof shall be paid into the State treasury and shall be kept in a separate fund to be known as the “Waterway Fund.” The commission shall be charged with the duty of selling said bonds, or any part thereof, to the highest bidder after advertising for a period of ten (10) weeks and at least once each week, in at least two daily newspapers, one of which shall be published in the city of Springfield and at least one other in the city of Chicago. The said commission may reject any and all bids made in pursuance of said advertisements, and in such events, is authorized to re-advertise for bids in the manner above described as many times as may be necessary to effect a satisfactory sale. Two-fifths of each issue of said bonds shall be in denominations of five hundred (500) dollars each and three-fifths in denominations of one thousand (1,000) dollars each; and in the sale of said bonds, as hereinafter provided, the Illinois Waterway Commission shall in the case of intending purchasers who bid the same price, give the preference to those who bid for the smaller quantity. Said bonds shall not all be
issued and sold at one time, but shall be issued and sold from time to time, as the work progresses, in amounts necessary to meet the obligations incurred by said commission as they shall be estimated by the chief engineer and reported to and approved by said commission. The bonds issued shall be dated as of the first day of January, or the first day of July, next preceding the date of their issue, and shall draw interest, payable semi-annually evidenced by interest coupons, at a rate not exceeding four (4) per cent per annum. All bonds issued shall be made payable in twenty years from the date of their issue, and, in the discretion of the said commission, may be made redeemable in ten (10) years from the date of their issue. They shall be engraved and printed under the direction of the Governor, shall be under the seal of the State, shall be signed by the Governor, and countersigned by the Treasurer and Auditor of the State, and until sold shall be deposited with the State Treasurer. The estimate made and approved, as aforesaid, of the funds which will be required to meet the obligations for the said work, including maturing interest on outstanding bonds for a period of six (6) months, beginning with the first day of January or July next ensuing thereafter, shall be made and filed with the Governor of the State of Illinois, in the months of April and October of each year.
§ 13. All payments for salaries, wages, work done under contract, materials, supplies, machinery, lands, damages to lands and other expenditures made under this Act, shall be made by the State Treasurer out of the aforesaid waterway fund upon warrants drawn by the Auditor of Public Accounts, based upon bills of particulars and vouchers certified by the official or agent of said commission having knowledge of the facts upon which the said vouchers are based, audited by the secretary and approved by the chairman of the commission and the Governor. The said commission shall prescribe the manner in which payments shall be made for the current and emergency expenses and provide for safe-guarding all disbursements of funds on this behalf. The said commission shall have power to keep under its control a fund not exceeding at any one time fifty thousand (50,000) dollars, to meet immediate demands and expenses, and for the purpose of creating the said fund the Auditor of Public Accounts is authorized in the first instance to issue his warrant for the sum of fifty thousand (50,000) dollars at the direction of the said commission, and payable to its treasurer; and the Auditor of Public Accounts is authorized thereafter, upon approval of the Governor, to issue warrants for the purpose of maintaining said fund at the sum of fifty thousand (50,000) dollars, but shall only issue said warrants upon the presentation to him of receipted bills of particulars and vouchers, certified by the official or agent of said commission having knowledge of the facts upon which the vouchers are based, audited by the secretary, and approved by the chairman of the commission and the Governor, showing the disbursements made by said commission out of the aforesaid fund.
§ 14. The said commission shall, on or before the first day of January in each year, make a full report to the Governor of the State of Illinois of all business transacted by it during the year ending on the preceding thirtieth (30th) day of November, including a statement
of all expenditures, contracts entered into, work done, and obligations outstanding or contracted for at the date of the making of each report. The Governor shall cause the books and affairs of said commission to be audited in each year by an accountant or accountants employed by him for that purpose, and the cost of such audit shall be paid as a part of the cost of the work authorized by this Act, upon vouchers approved by the Governor.
§ 15. There shall be included in and added to the tax levied for State purposes a direct annual tax for such amount as shall be necessary to pay and sufficient to pay the interest on each bond issued under this Act as it falls due, and to pay and sufficient to pay and discharge the principal of each of such bonds at par value as they fall due. The rate of such annual tax shall be fixed by the officers charged by law with fixing the rate for State taxes on the valuation of real and personal property in this State subject to taxation, as provided by law. The tax imposed as herein provided shall be assessed, levied and collected in the manner prescribed by law and shall be paid by the several county treasurers into the treasury of the State. The proceeds of such tax shall be invested by the State Treasurer in securities in which he is authorized by law to invest the trust and sinking funds of the State and together with the interest arising therefrom, any premium received on the sale of said bonds and interest accruing on deposits of money received from the sale of said bonds and from miscellaneous sources shall constitute a sinking fund known as the Waterway Sinking Fund. Said fund shall be used solely for the purpose of paying the principal and interest of bonds issued in accordance with the provisions of this Act; and to the application of which sinking fund to the payment of said bonds and interest, and to the payment in full of which said bonds and the interest, the faith of the State of Illinois is hereby pledged.
§ 16. Said commission shall have power from time to time to develop and to lease any water power created by the water passing through said waterway or canal, subject to the following conditions:
Before any such lease shall be made, at least sixty (60) days' public notice of the intending letting shall be given by publication in a daily newspaper published in the city of Springfield and also at least one in the city of Chicago, and three others elsewhere in Illinois, and such other notice as the commission shall deem best. The said commission shall require the bids to be accompanied by security, and may reject all bids not satisfactory to them and readvertise until they receive satisfactory bids; whereupon they shall lease said power to the highest responsible bidder. No lease shall be for a period exceeding ten (10) years, but the said commission may provide for not more than one (1) extension of any lease for a further period of ten (10) years at a rent to be fixed by appraisal to be made by three (3) disinterested appraisers, to be selected or appointed in such manner as shall be provided in the lease. Said commission shall also have power to lease from time to time any of the lands or lots acquired by said commission, upon the same terms and subject to the same limitations as are hereinbefore provided in regard to water power: Provided, that after such lease or leases