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be taken at said election on said question, “Shall bonds for road purposes be issued to the amount of $.
?” If in any such petition a special election shall be requested for such purpose, it shall be called as follows:
Upon the filing of such petition the town or district clerk shall call such special town or district election, by posting up in ten of the most public places in said town or district, at least ten days prior to the day fixed for said special town or district election, notices of such special town or district election, which notices shall state the filing of said petition, the time and place of said special election, and that a vote will be taken at said election on the question, “Shall bonds for road purposes be issued to the amount of $.... ?"
Such special election shall be held at the place of the last annua town or district election and shall be conducted and returns thereof le made in the same manner as regular annual town or road district elections.
The vote at such regular or special election shall invariably be by a separate ballot and shall be in substantially the following form:
Shall bonds for road purposes be issued to
the amount of $....
And if it shall appear that a majority of the legal voters voting at said election on said question voted in favor of said proposition, the commissioners of highways and the town or district clerk, as the case may be, shall issue (from time to time as the work progresses) a sufficient amount, in the aggregate, of the bonds of said town or district for the purpose of building or maintaining roads, or for the purpose of constructing or repairing any bridge or bridges, or for the purpose of constructing or repairing any other distinctive work on the road, as the case may be, in accordance with the prayer of said petition. Said bonds shall be of such denominations, upon such time and bear such rate of interest, not exceeding five per cent, and be disposed of, as the necessities and conveniences of said town or district may require: Provided, that said bonds shall not be sold nor disposed of, either by sale or by payment to contractors for labor or materials, for less than their par value, and that such bonds shall be issued in not more than ten annual series, the first series of which shall mature not more than fire years from the date thereof, and each succeeding series in succeeding years thereafter. A register of all issues of said bonds shall be kept in the office of the county clerk of the county in which said town or district is located, showing the date, amount, rate of interest, maturity, and the purpose for which said bonds were issued, which information shall be furnished to the county clerk, in writing, by the town or district clerk, and it shall be the duty of such county clerk to extend adnually against the property in said town or road district, a tax sufficient to pay the interest of said bonds in each year prior to the matur
ity of such first series, and thereafter he shall extend a tax in each year sufficient to pay each series as it matures, together with interest thereon and with the interest upon the unmatured bonds outstanding. Such bonds may be lithographed and the interest for each year evidenced by interest coupons thereto attached, which coupons shall be signed with original or facsimile signatures by the same officers who executed the bonds: Provided, however, that the amount, including the principal and interest to be voted upon, shall not exceed the amount which can be raised during a period of five years by a levy of one dollar per year on each one hundred dollars of taxable property, as taken for assessment purposes in such town or district; the proceeds of said bonds to be paid to the treasurer of such funds and to be disbursed by him upon the order of the commissioner of highways.
$ 2. Whereas an emergency exists, this Act shall be in full force and effect from and after the date of its passage and approval.
APPROVED June 21, 1919.
COMMISSIONERS. 1. Amends sections 133 and 134 of
Material for conArticle VII, Act of 1913.
eminent domain. $ 133. Commissioners in a y
enter lands to open ditches, etc. when Owners
An Act to amend 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 subsequently amended, by amending sections 133 and 134 of Article VII thereof.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That 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 subsequently amended, be and the same is hereby amended by amending sections 133 and 134 of Article VIIto read as follows:
§ 133. The highway commissioners of the towns and road districts are hereby authorized to enter upon any land adjacent to any highway in their respective towns or districts for the purpose of opening any ditch, whenever it shall be necessary to open a water course to or from any highway to or from the natural water course; and to dig, open and clean ditches upon said land for the purpose of carrying off the water from said highways; or to drain any slough or pond on said highways, or to provide a more direct water course through or adjacent to a bridge or culvert; provided, that unless the owner of such land, or his agents, shall first consent to the cutting of such ditches, the commissioners shall apply to any justice of the peace of the county in which such road is situated for a summons, directed to any constable of said county, commanding him to summon the said owner to appear before the said justice, at a time and place specified in such
summons, not less than five or more than fifteen days from the date thereof, for the purpose of having the damages assessed which slui owner may sustain by reason of the digging or opening of such ditche or drains. The said summons shall be under the hand of such justit and be served in the same manner as summons are now served in civi actions before justices of the peace. On the return of such summons, a venire shall be issued for a jury, as in other cases in the trial : civil actions before justices of the peace, which jury shall assess such damages and render a verdict therefor. Whereupon judgment shall be entered by the justice in accordance with the verdict. If either party shall feel aggrieved by such judgment, an appeal may be taken as in other cases: Provided, bond is filed within five days from the time of entering of the judgment. If no appeal is perfected within five days the amounts so awarded shall be paid before the commissioner of highways shall be warranted and empowered to enter upon such lands and dig, open and clean such drains, ditches and water courses as aforesaid for the purposes contemplated in this Act. The commissioner is authorized to use the poll tax and road money of his town or district for the payment of such judgment: Provided, that no more than one-half of such jury shall be residents of the town or district which is liable to pay the damages: Provided, further, that in case the owner of said lands is a non-resident, service may be had by leaving a copy with the occupant or agent or by notice in the same manner as prescribed in section 84 of this Act.
$ 134. The Department of Public Works and Buildings, the Chief Highway Engineer, the county superintendent of highways and the commissioner of highways of any town or district, for the purpose of constructing, maintaining or repairing gravel, rock or other roads or for constructing bridges and culverts, and for procuring materiai therefor, may enter upon lands of others, doing no more damage than the necessity of the case may require, and take therefrom such material as is necessary for the construction or repair of said roads, bridges or culverts: Provided, that such Department of Public Works and Buildings, Chief Highway Engineer, county superintendent or commissioner of highways, their employees or teams shall not enter upor such lands for the purpose stated in this Act without having paid of tendered the amount of damages allowed or agreed upon: And, provided, further, if such Department of Public Works and Buildings, Chief Highway Engineer, county superintendent of highways or commissioner of highways and the party or parties owning or controlling the lands to be entered upon, or from which material is to be taken. can not agree as to the amount of damage or value of such material. that the amount of damage shall be determined as provided for in the law for exercising the right of eminent domain.
APPROVED June 30, 1919.
(HOUSE BILL No. 371.
APPROVED JUNE 30, 1919.) AN ACT to amend sections 35, 36, 37, 38, 39, 63, 64, 65, 66, 67, 68, 69,
70, 71, and 138 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: Sections 35, 36, 37, 38, 39, 63, 64, 65, 66, 67, 68, 69, 70, 71 and 138 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, are amended to read as follows:
§ 35. When it is necessary to construct or repair any bridge or bridges over a stream, or any approach or approaches thereto, by means of an embankment or trestle work on a public road, in any town, district or city or village of less than fifteen thousand (15,000) population or on or near to or across a town, district or such city or village line, in which work the town, district or such city or village is wholly or in part responsible, and the cost of which will be more than eight cents on the one hundred dollars on the latest assessment roll, and the levy of the roail and bridge tax for two (2) years last past in said town or district was in each year not less than the sum of sixty-six cents on the one hundred dollars on the latest assessment roll for all road and bridge purposes as provided for in section 56 of this Act, the major part of which levy is needed for the ordinary repair of the roads and bridges, or in such cities and villages where the levy for corporate purposes was for two years last past in said city or village for the full amount allowed by law to be raised therein for such corporate purposes, the commis
sioner of highways, the city council or the village board of trustees may petition the county board for aid, and if the foregoing facts shall appear, the county board shall appropriate from the county treasury a sufficient sum to meet one-half (12) of the expenses of said bridge or other work, on condition the town or district, city or village asking aid shall furnish the other half of the required amount.
When it is determined by the county board to grant the prayer vi the highway commissioner, city council or village board of trustees asking aid for the construction of such bridge or other expensive work, the county board shall thereupon enter an order directing the county superintendent of highways to prepare plans and specifications for suci. improvement. The contract for such improvement shall thereupon be let in the manner authorized by said county board, subject to the próvisions of the law relating to the letting of contracts: Provided, hotever when the cost of the work is less than one thousand dollars no county, town, road district, city or village shall be liable for any pari of such expense or compelled to pay any part of its appropriation for such purpose until all of the work has been fully completed and accepted by the county superintendent of highways, and such acceptance properly certified to by said officer and presented to the county board at a meeting held after the completion of said work, which certificate shall contain an itemized account of the expenditures; and a copy thereof shall also be filed with the town, district, city or village clerk, as the case may be.
In case the cost of the work is more than one thousand dollars, partial payments not oftener than once a month and not to exceed ninety per centum of the work actually completed may be paid the contractor on his contract by the county, town, road district, city or village as the case may be; provided however that no partial payment shall be made unless approved by the county superintendent of highways, and pruvided further that the partial payments shall in no way be deemed an acceptance of the work until the same has been fully completed and accepted by the county superintendent of highways and such acceptance properly certified as provided in this section.
§ 36. Bridges or culverts on roads on county lines, and bridges or culverts on roads within eighty rods of county lines shall be built and repaired by such counties and the expense of such construction and repair shall be borne in proportion to the assessed value of the property, real and personal, in the respective counties, according to the last preceding equalized assessment thereof prior to such construction or repair.
And when any county desires to construct or repair any such bridge or culvert, and has appropriated its share of the cost of constructing or repairing the same, it shall be the duty of such other county to make an appropriation for its proportionate share of the expense of such construction or repair; and if such other county fails or refuses to make such appropriation, any court of competent jurisdiction, upon a proper petition for that purpose, shall issue an order to compel such other county to make such appropriation.
$ 37. For the purpose of building or keeping in repair such bridges and culverts, it shall be lawful for the county boards of such adjoining