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(SENATE BILL NO. 539. APPROVED JUNE 30, 1919.) AN Act to amend section 1 of an Act entitled, “An Act to enable cities

and villages to buy, construct or enlarge water works and to provide for the management thereof, and giving them authority to levy an annual tax and to pledge the same in payment therefor," approved April 19, 1899, in force July 1, 1899, as subsequently amended.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section 1 of an Act entitled, "An Act to enable cities and villages to buy, construct or enlarge water works and to provide for the management thereof, and giving them authority to levy an annual tax and to pledge the same in payment therefor," approved April 19, 1899, in force July 1, 1899, as subsequently amended, be and the same is hereby further amended to read as follows:

§ 1. That cities and villages shall have the power to levy, in addition to the taxes now authorized by law, a direct annual tax of not more than two-thirds of one cent on the dollar upon all the property within the corporate limits of the city or village, said tax to be payable yearly for a period of not more than thirty years; the proceeds of said tax to be used solely for the purchase, construction or enlarging of water works.

APPROVED June 30, 1919.

ROADS AND BRIDGES.

ALTERING, LAYING

YING

OUT, VACATING AND WIDENING ROADS.

1.

Amends section 75, Act of 1913.

roads

$75. Altering, etc.,

petition. APPROVED JUNE 30, 1919.)

(SENATE BILL NO. 442.

An Act to amend section 75 of an Act entitled: “An Act to revise the

law in relation to roads and bridges," approved June 27, 1913, in force July 1, 1913, as amended.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Section 75 of an Act entitled, "An Act to revise the law in relation to roads and bridges," approved June 27, 1913, in force July 1, 1913, as amended, is amended to read as follows:

§ 75. Existing roads may be altered, vacated or widened and new roads may be laid out in the manner herein provided for. Any number of land owners, not less than twelve, residing in any town or road district within two miles of the road to be altered, widened, vacated or laid out, or two thirds of such land owners, may file a petition with the commissioners of highways of such town or district, praying for the altering, widening, vacation or laying out of said roads Said petition shall set forth a description of the road and what part is to be altered,

widened or vacated, and if for a new road the names of the owners of lands, if known, and if not known it shall so state, over which the road is to pass, the points at or near which it is to commence, its general course, and the place at or near which it is to terminate. When the general course of relocated roads shall render the same practicable, such relocated roads shall be laid out on section lines, or regular divisional lines sub-dividing a section or sections.

APPROVED June 30, 1919.

$ 1.

ALTERING, LAYING OUT, VACATING AND WIDENING ROADS.
Amends sections 73, 75a, 84, 89.

$ 90. Final order of high90. 91, 95, 97 and 98. Act of

way commissioner: 1913.

or county superin

tendent of highways $ 73. Width of roads.

§ 91. Appeal from $75a. Relocation of public

commissioners road at grade crossings-duty of highway commissioner

$ 95. Limitations of time te proceedings.

open. $ 84, Notice to non-resident

$ 97. Crops -removal ofowners continu

notice to remove

fences.
$89.
Costs of appeal -ap-

$ 98. Private roads.
peal bond.

order.

ance.

[blocks in formation]

An Act to amend sections 73, 750, 84, 89, 90, 91, 95, 97 and 98 of an

Act entitled, “An Act to revise the law in relation to roads and bridges," approved June 27, 1913, in force July 1, 1913, as amended.

SECTION 1. Be it enacted by the People of the State of Ilinois, represented in the General Assembly: Sections 73, 750, 81, 89, 90, 91, 95, 97 and 98 of an Act entitled, “An Act to revise the law in relation to roads and bridges” approved June 27, 1913, in force July 1, 1913, as amended, is amended to read as follows:

§ 73. All public roads established under this Act shall be not less than forty (40) feet in width.

$ 75a. Whenever the State Public Utilities Commission or its successor, shall find and certify to the highway commissioners of any town or road district, that the reconstruction, alteration, relocation improvement or abolishment of any crossing of the track of any railroad company across any highway or public road under his control is necessary to preserve or promote the safety of the public or of the employees or passengers of such railroad, and that for that purpose it is necessary to relocate, divert or establish any highway or public road, it shall be the duty of such highway commissioners to relocate, divert or establish such highway or public road in accordance with such findings. The proceedings for that purpose shall be in accordance with the provisions of subdivision VI of this Act, except that the petition mentioned in section 75 shall not be necessary but the findings and certificate of said commission shall stand in lieu of such petition: Provided hoverer. that the State Public Utilities Commission shall first set a time and place for a hearing on such reconstruction, alteration, relocation, im

provement or abolishment of such crossing, and the relocation, diversion or establishment of any highway or public road thereunder, and a reasonable notice of the time and place of said hearing shall first be given the county superintendent of highways of the county in which said public highway is located, and the highway commissioner having authority over such highway, at which hearing said highway officials shall have the right to be heard, before a decision is rendered by the commission therein, and provided, further, that the commission may apportion all costs and damages arising by reason of the relocation, diversion or establishment of such public highway between the railway company or companies and other public utilities affected, or between such company or companies and other public utilities and the State, county, municipality or other public authorities in interest, as provided in an Act to provide for the regulation of public utilities, in force July 1, 1914, as amended.

$ 81. In case it shall appear, either from the certificate of the commissioner or county superintendent of highways, the affidavit of any person, or the return of any officer to whom the summons may be delivered for service, that there are resident, non-resident, unknown or absent owners who cannot be found and served within the county, such justice shall also cause notice to be delivered to the occupant of such lands, the contents and nature thereof to be made known to such occupant and also to be posted in three of the most public places in the vicinity of such proposed road or alterations, at least ten days, before the final time fixed for hearing proof of damages, stating the time and place, as stated in the summons, and describing the road to be established or altered, and the lands for which damages are to be assessed; and in case service is made upon any owner by posting notices as above provided, the justice shall continue said hearing for a period not exsreding twelve days.

$ 89. When an appeal is taken from the verdict of the jury called by the justice of the peace to assess damages as aforesaid, and when the commissioners of highways or county superintendent, as the case may be, shall be unable to agree with the owners of lands in regard to such damages, then all proceedings shall cease until the amount of damages is settled by the County or Circuit Court on appeal as aforesaid.

Within twenty days after the damages likely to be sustained by reason of the proposed laying out, alteration, widening or vacation of any road shall have been finally ascertained, either by agreement of the parties or by trial in a court of the justice of the peace, or on appeal to the County or Circuit Court, or within twenty days after such damages may have been released, as aforesaid, the commissioner of highways or the county superintendent of highways, as the case may be shall hold a public hearing at which he shall hear and consider reasons for or against the proposed laying out, widening, alteration or vacation of such road, and at which time and place he shall publicly announce his. final decision relative thereto. The commissioners of highways or the county superintendent of highways as the case may be shall give public notice of such public hearing by posting notices thereof in at least three

$ 90.

of the most public places in the town or district in the vicinity of tht road for at least five days prior thereto. At such time and place the commissioner of highways, or the county superintendent of highway as the case may be, shall determine upon the advisability of such proposed laying out, widening, alteration or vacation of such road and shall make an order for the same and shall within five days thereafter file sur lı order in the office of the town or district clerk.

§ 91. In case such final order was entered by the commissioner of highways as provided in section 90 of this Act finally determining thi advisability of such proposed laying out, alteration, vacation or widening of any road, any three qualified petitioners who may have signed the petition for such proposed laying out, alteration, vacation or widening. or any three land owners residing in said town within two miles of any portion of such road proposed to be laid out, altered, vacated or widened. or any person interested therein, may appeal to the county superitendent of highways by filing a notice of such appeal in the office of the town or district clerk within ten days of the date of filing the decision. appealed from. Thereupon such clerk shall at once transmit all papers relating to such proposed laying out, alteration, vacation or widening of such road to the county superintendent of highways, who shall within twenty days after the recipt of the same, hold a public hearing withir. such town or district to finally determine upon the laying (upon the laying) out, vacation, widening or alteration of such road. Such hearing shall be upon such notice and conducted in like manner as the hearing before the commissioner of highways relative to such final de cision and from which appeal has been taken. The final order of the county superintendent of highways, relative to such proposed laying out. alteration, widening or vacation of such roads shall be filed with the town or district clerk within five days from the date of such public hearing.

$ 95. All roads laid out as herein provided shall be opened within two years from the time of laying out the same. If the damages resulting from the establishing of such roads shall not be paid within ninety days from the time the money is in the hands of the treasurer of the road and bridge fund to pay the same, such new roads shall be deemed to be vacated.

§ 97. When any road has been finally laid out, altered or widene according to the provisions of this Act, the owners of such lands taken shall have a reasonable time, not exceeding eight months, to be designated by the commissioner of highways to harvest crops which may be on such lands before such road shall be opened, provided however that if the damages to crops have been included in the total damages finally allowed or awarded then the commissioner of highways may enter upon said premises at once for the purpose of opening said road, prorided further that if there are fences on said land taken, he shall first give notice to remove said fences as provided in section 96 of this Act.

$ 98. Roads for private and public use may be laid out from one or more dwellings or plantations to any public road, or from one public road to another, or from one or more lots of land to a public road or

rom one or more lots of land to a public waterway, on petition to the ommissioner by any person directly interested. Upon receiving such petition, proceedings shall be had respecting the laying out of such road is in the case of public roads. In case the commissioner of highways ir upon appeal, the county superintendent of highways shall enter a preliminary order for the laying out of such road, the said highway officer or officers making such preliminary order shall, if possible, and the parties are competent to contract, agree upon the total amount of jamages, together with the portion thereof to be paid by the town or distriet, if any, as well as by each of the land owners benefited by such private road. In case such damages cannot be determined or apportioned by agreement, the same shall be fixed as in the case of public roads. The amount of such damages shall be paid by the person benefited thereby, to the extent and in proportion that they are benefited as determined and declared by the court. The remainder of the amount of damages, over and above that to be paid by the parties aforesaid, if any, shall be paid by the town or district as in other cases. The amount of damages to be paid by individuals shall be paid to the parties entitled thereto, before the road shall be opened for use. In all other respects the provisions of this Act relative to the opening, vacation, alteration or widening of public roads shall be applicable also to the laying out, alteration, widening or vacation of private roads: Provided that the cost of the construction of the roadway, bridges and culverts and the maintenance thereof shall be borne by the parties paying for said road.

APPROVED June 30, 1919.

BONDS FOR ROAD PURPOSES.

Amends section 112, Act of 1913. $ 2. Emergency.
$112.' Petition for election-

form of ballot-des

cription of bonds.

(HOUSE BILL No. 611. APPROVED JUNE 21, 1919.) Ax Act to amend section 112 of an Act entitled: “An Act to revise

the law in relation to roads and bridges," approved June 27, 1913, in force July 1, 1913, as amended.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section 112 of an Act entitled "An Act to revise the law in relation to road and bridges," approved June 27, 1913, in force July 1, 1913, as amended, to read as follows:

$ 112. On the petition of one hundred of the freeholders of any town or district, (or where there may be less than two hundred such freeholders, then a majority of them), to the town or district clerk, requesting him, when giving notice of the time and place for holding the next annual town or road district election, to give notice also that a vote will be taken at said election on the question, “Shall bonds for road purposes be issued to the amount of $.... ?” such clerk shall, when giving notice of the time and place for holding the next annual town or road district election, also give notice that a vote will

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