« ForrigeFortsett »
State: Provided, that in no case shall it be lawful for a county board of supervisors or county commissioners to appropriate more than two hundred and fifty dollars ($250.00) in any one year for the above purpose.
APPROVED May 20th, 1915.
COUNTY BOARDS_POWERS. § 1. Amends section 25, Act of 1874.
$ 25. As amended, enlarges powers of
county boards-approval of maps or plats for highways before entitled to record.
(SENATE BILL No. 309. APPROVED JUNE 22, 1915.) An Act to amend section 25 of an “Act to revise the law in relation to
counties," approved and in force March 31, 1874 as amended by subsequent Acts.
SECTION 1. Be it enacted byj the People of the State of Illinois represented in the General Assembly: That section 25 of an Act entitled "An Act to revise the law in relation to counties,” approved and in force March 31, 1874, as amended by subsequent Acts, be and the same hereby is amended so as to read as follows:
§ 25. The county boards of the several counties shall have power
First–To take and have the care and custody of all the real and personal estate owned by the county.
Second—To manage the county funds and county business, except as otherwise specifically provided.
Third—To examine and settle all accounts against the county, and all accounts concerning the receipts and expenditures of the county.
Fourth-To cause to be erected, or otherwise provided, a suitable workhouse, in which persons convicted of offenses punishable by imprisonment in the county jail may be confined and employed, and to make rules and regulations for the management thereof. They may contract for the use of the city workhouse when the same can satisfactorily be done.
Fifth-To cause to be erected, or otherwise provided, suitable buildings for, and maintain, a county insane asylum, and provide for the management of the same.
Sixth-To cause to be annually levied and collected taxes for county purposes, including all purposes for which money may be raised by the county by taxation, not exceeding 75 cents on the one hundred dollars' valuation, and in addition thereto an annual tax not exceeding one hundred cents on the one hundred dollars for the purposes of paying the interest and principal of indebtedness which existed at the time of the adoption of the constitution.
Seventh-To authorize the vacation of any town plat when the same is not within any incorporated town, village or city, on the petition of two-thirds of the owners thereof.
Eighth-To change the name of any town plat on the petition of a majority of the legal voters residing therein when the inhabitants thereof have not become a body corporate.
Ninth-To cause to be erected, or otherwise provided, and maintained, all suitable buildings for a sanitarium for the care and treat
ment of all persons suffering from tuberculosis who may be admitted to said sanitarium by, or under the direction of said board, and to provide for the maintenance and management of the same.
Tenth—To provide, by resolution, that any map, plat or subdivision. of any block, lot or sub lot or any part thereof or any piece or parcel of land, not being within any city, village or incorporated town, in which any dedication of land for highways, streets or alleys shall be made, shall be submitted to the county board or to some officer to be designated by such county board for their or his approval; and in such cases no such map, plat or subdivision shall be entitled to record in the proper county or have any validity until it shall have been so approved.
APPROVED June 22nd, 1915.
COUNTY TREASURER—COUNTIES OVER 150,000.
§ 1. Terms construed. § 14. Banks—interest. § 2. Selection of depositaries. § 15. Report—time of making. § 3. Contracts—statement of depositaries. § 16. County treasurer's bond. $ 4. Bonds of depositaries. § 17. Cost of bonds to be paid by county. $ 5. Classification of funds. § 18. Liability of treasurer. $ 5. Deposits by county treasurer. § 19. Suits against treasurer. # 7. Maximum balance. § 20. No commissions to be retained. $ 8. Withdrawals. § 21. Banks not to pay profit to treasurer. $ 9. Petty cash fund. § 22. County treasurer not to profit—false state
ment from depositary—penalties.
$ 10. Equalization and transfer of deposits.
AN ACT concerning county treasurers, in counties containing more than 150,000 inhabitants, and concerning public funds within their custody and control and the interest thereon, and to repeal all Acts or parts of Acts in conflict thereuith. SECTION 1. TERMs construED.] Be it enacted by the People of the State of Illinois, represented in the General Assembly: That the terms mentioned in this section as used in this Act shall, unless the same be inconsistent with the context, be construed as follows: The term “county treasurer” shall include the county treasurer when acting as such or in any other official capacity incident to his incumbency of the office of county treasurer. The term “county moneys” shall include all moneys to whomsoever belonging, received by or in possession or control of the incumbent of the office of county treasurer when acting as such or in any other official capacity incident to his incumbency of the office of county treasurer. The term “county clerk” shall be construed to mean the county comptroller in any county in which provision for a county comptroller shall have been made by law.
§ 2. SELECTION of DEPositARIES.] It shall be the duty of the county treasurer in every county of this State now containing or which may hereafter contain more than 150,000 inhabitants, at least once in each year and not later than the 1st day of October, in each year, to advertise for bids from all regularly established national and State banks doing business within such county for interest on county moneys to be deposited in said banks. A “regularly established” national or state bank is hereby defined to mean a bank which has been doing business in such county and has furnished at least two sworn statements of resources and liabilities to the State Auditor or to the comptroller of currency, prior to the date upon which the bids provided for herein are to be submitted. It shall be the duty of the county treasurer in so advertising for bids to ask for separate bids for interest upon such county moneys as shall be deposited in said banks and permitted to remain without diminution for periods of at least thirty, sixty or ninety days. Such bids shall be referred to the county treasurer, the county clerk and the president or chairman of the county board of such county for their information and consideration, not later than the 15th day of October of each year. The three above named officers shall, by a majority vote, within ten days after such bids have been so referred to them, by written notice to the county treasurer, a duplicate of which notice shall be filed with the county clerk, reject any or all bids, or designate, in like manner, as many depositaries as they deem necessary for the protection of all county moneys as defined in section 1 of this Act, and make awards accordingly, such awards to be made to the highest and best responsible bidder or bidders. In case no bids are so received or all bids so received and referred are rejected, the county treasurer shall immediately readvertise in the manner herein provided, and shall continue to readvertise in like manner until such awards shall have been made. It shall be the duty of the county treasurer to obtain with each bid for interest upon county moneys and to present with such bids the last official statement of resources and liabilities of each bank bidding for deposits as reported to the State Auditor of Public Accounts or to the comptroller of the currency, as the case may be; and the county Treasurer shall obtain, from time to time, from the banks to which awards are made, copies of all reports of condition made in response to the regular calls by the State and federal authorities. § 3. CoNTRACT-STATEMENT of DEPoSITARIES.] The county treasurer of such county shall take from each bank which may have been so designated as a depositary a written contract, in triplicate, setting forth the conditions and terms upon which county moneys are to be deposited therewith, one copy of which he shall file with the president or chairman of the county board and one with the county clerk: Provided, that nothing contained in this Act shall be construed to authorize such county treasurer to enter into any contract for the deposit of such moneys or to deposit any such moneys upon terms and conditions which will prevent him from performing the duties imposed upon him by law with respect to the payment of such moneys to public authorities or other persons entitled to receive the same. One provision of said con
tract shall be that each depositary shall, at the end of each month, render to the county clerk a statement, in duplicate, showing separately the daily balances or amounts of county moneys held by it during the month, and the amount of accrued interest thereon, one copy of which statement the county clerk shall file, as soon as received, with the president or chairman of the county board. The said statement shall be made under oath, by the proper officer of said depositary, and shall also state that no other fees, perquisities or emoluments have been paid to or held for the benefit of any public officer, or any other person, on account of the deposit of such county moneys, and that no contract or agreement of any kind whatsoever has been entered into for the payment to any public officer, or any other person, of any fee, perquisite or emolument on account of the deposit of such county moneys. Said contract shall further provide that the interest on deposits shall be computed upon the average daily balance of all classes of funds on deposit during the contract period. § 4. Bonds of DEPoSITARIES.] No county moneys shall be deposited in any bank nor any such award be effective until such depositary shall have delivered to the county clerk of such county a bond running to the People of the State of Illinois in an amount equal to the amount which such bank or depositary shall be designated as being entitled to receive upon its bid and with such sureties as the three officers aforesaid shall approve, conditioned in like manner as official bonds given by public officials charged with the custody of money. § 5. CLAssification of FUNDs.] For the purpose of establishing a control over the withdrawal, in accordance with the provisions of this Act, of all county moneys deposited in any bank or depositary, as hereinafter required, such moneys are hereby classified as follows: Class A. All taxes and special assessments received by the county treasurer in his capacity as ex officio county collector or ex officio town collector, and held by him pending distribution to the several govefnments or authorities entitled to receive the same, shall be known as “Class A’ funds. Class B. All other moneys belonging to the State of Illinois or to any political or corporate subdivision thereof, except the county, shall be known as “Class B’ funds. Class C. All moneys belonging to the county in its corporate capacity shall be known as “Class C’ funds. Class D. All other county moneys as defined in section 1 of this Act shall be knowneas “Class D’’ funds. § 6. DEPosits by county TREASURER.] It shall be the duty of the county treasurer of such county to deposit daily, in separate accounts in accordance with the classification set forth in section 5 of this Act, to the credit of the county treasurer of such county, in such bank or banks as shall have been selected and designated under the terms of this Act and as shall have complied with the requirements thereof, all county moneys as defined in section 1 of this Act, received by him during banking hours, and also all such county moneys as he may have received on the day previous after banking hours.
§ 7. MAXIMUM BALANCE.] The maximum balance to be kept in añy one bank shall not exceed an amount equal to one-half the capital stock, surplus and undivided profits of such bank, but the county board shall have power, if it sees fit, to limit such maximum balance to a smaller amount. No bank shall have more than two million dollars on deposit at any one time, except during the month when any given bank may be the active bank, when this amount may be increased if occasion demands; the intent of this Act being, however, not to increase unduly the deposits in said active bank. The county treasurer in advertising for bids under section 2 of this Act is authorized and directed to give notice to the foregoing effect.
§ 8. WITHDRAWALS.) When county moneys have been deposited in any such depositary they shall be withdrawn therefrom only in the following manner: Funds designated in section 5 of this Act as "Class A” funds and as "Class B” funds shall be withdrawn only upon checks or drafts signed by the county treasurer and payable to the order of the State Treasurer or the other proper authorities or persons entitled by law to receive the same; funds designated in said section 5 as “Class C” funds shall be withdrawn only upon checks or drafts signed by the county treasurer and supported by warrants signed by the county clerk and countersigned by the president or chairman of the county board; funds designated in said section 5 as "Class D” funds shall be withdrawn only upon checks or drafts signed by the county treasurer and payable to the persons entitled to receive the same: Provided, however, that subject to the limitations hereinafter set forth in section 11, the county treasurer shall have the power to withdraw such county moneys from any depositary in the cases provided for and under the circumstances stated in sections 9 and 10 of this Act.
§ 9. PETTY CASH FUND.] For the purpose of enabling the county treasurer to pay in cash such warrants and other demands as may be presented to him for payment in cash, he is hereby authorized to withhold from the daily deposit of funds required of him under section 6 of this Act, or to withdraw from the bank or banks holding such county moneys on deposit, upon check or draft payable to his own order as county treasurer, such amounts as will enable him to maintain a petty cash fund sufficient to meet the daily demand for the purpose herein indicated : Provided, however, that the amount of said petty cash fund shall at no time exceed the sum of $200,000. The county treasurer shall keep proper records of such petty cash fund, showing the amounts so withheld or withdrawn by him daily and the amounts paid out by him in cash from day to day. Such records shall be open to the inspection of all persons wishing to examine the same.
§ 10. EQUALIZATION AND TRANSFER OF DEPOSITS.] For the purpose of facilitating the equalization or apportionment of the amount of the balances on deposit with the several depositaries and the speedy transfer of money from one depositary to another in case of necessity, the county treasurer is hereby authorized to draw checks or drafts against any deposit made by him under the terms of this Act. Each draft or check so drawn shall be payable to the order of the county treasurer, and shall indicate upon its face that it is drawn only for deposit in a bank authorized under the provisions of this Act to receive county moneys.