« ForrigeFortsett »
counties, to enter into joint contracts, for a division of cost other than that provided in section 36 which may be just and equitable, and such contracts may be enforced in law or equity against such county boards, and such county boards may be proceeded against jointly, by any parties interested in such bridges or culverts for any neglect of duty in reference to such bridges or culverts, for any damages growing out of such neglect.
$38. Earth approaches to all bridges and culverts built and constructed under and by virtue of the three preceding sections, shall be built, constructed and maintained by the respective counties within which such approach or approaches may be located, and all earth approaches to any and all such bridges and culverts as have heretofore been built and constructed.
$ 39. If the county board of any such county, after reasonable notice in writing from such other county board shall neglect or refuse to build or repair any such bridge or culvert when any contract or agreement covering the division of cost has been made in regard to the same, it shall be lawful for the county board so giving notice to build or repair the same, to recover, by suit, such amount as shall have been agreed upon of the expense of so building or repairing such bridge or culvert, with costs of suit and interest from the time of the completion thereof, from the county board so neglecting or refusing:
$ 63. Bridges or culverts on roads on town or road district lines which are not also county lines shall be built and repaired by such towns or road districts 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 towns or road districts according to the last preceding equalized assessment thereof prior to such construction or repair.
$ 61. For the purpose of building or keeping in repair such bridges or culverts, it shall be lawful for the commissioners of such adjoining towns, or districts, to enter into joint contracts, which may provide for any just and equitable division of cost other than that provided in section 63, and such contracts may be enforced in law or equity against such commissioners jointly, the same as if entered into by individuals, and such commissioners may be proceeded against jointly by any parties interested in such bridges or culverts, for any neglect of duty in reference to such bridges or culverts, or for any damage growing out of such neglect.
$ 65. Earth approaches to all bridges and culverts built and constructed under and by virtue of the two preceding sections, shall be built, constructed and maintained by the respective towns or districts within which such approach or approaches may be located, and all earth approaches to any and all such bridges and culverts, as have heretofore been built and constructed jointly by two or more districts or towns shall be maintained by the respective districts or towns within which such approach or approaches are now located.
$ 66. When any town or road district 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
town or road district to make an appropriation for its proportionate share of the expense of such construction or repair; and if such other town or road district fails or refuses to make such appropriation any court of competent jurisdiction, upon a proper petition for that purposi, shall issue an order to compel such other town or road district to make such appropriation.
$ 67. If the commissioner of either of such towns or districts, after reasonable notice in writing from the commissioner of any other such town or district, shall neglect or refuse to build or repair any such bridge or culvert, it shall be lawful for the commissioner so giving notice, after building or repairing the same, to recover by suit such amount as may have been contracted for in accordance with section 64 of this Act, of the expense of so building or repairing such bridge or culvert together with costs of suit and interest from the time of completion thereof, from the town or district so neglecting or refusing.
§ 68. The commissioner of highways in each town or district is hereby authorized to contract for the construction and repairing of roads and bridges lying wholly within the limits of his town or district. When any such contract or other expenditure shall be for a sum in excess of $200.00, the said commissioner shall not let or make any payment on the same without the approval of the county superintendent of highways. The county superintendent shall keep a record of all payments approved by him.
$ 69. Contracts for constructing and repairing roads and bridges on town or district lines shall be let by the commissioners of the two towns or districts who shall meet and act together when taking action upon the letting of such contracts for the construction or repair of such roads and bridges, or acceptance of the work. When such contracts are for the expenditure of a sum exceeding $200.00 they shall not let a contract or make any payment for the same without the approval of the county superintendent as provided in the preceding section.
$ 70. No contract so made shall be considered as let unless the contractor shall, within fifteen days after the final award of the same, enter into contract and file a bond with good and sufficient sureties with the commissioner, in the penal sum at least equal to the amount of the contract, payable to the commissioner of the town or district. upon failure to comply with the conditions of his or their contract.
$ 71. All final payments on contracts for the construction or repair of roads, or building or repairing bridges or culverts shall be made payable as soon as the work on said contract is completed and accepted by the commissioner of highways, and the county superintendent of highways.
$ 138. It shall be unlawful hereafter to construct any bridge or culvert upon any ravine, creek, drainage ditch or river upon a public highway or street in any town, county or city in this State unless such bridge or culvert shall have the capacity of sustaining highway traffic with safety.
Any person who shall violate the provisions of this section shall be guilty of a misdemeanor, and, upon conviction, shall be fined not to exceed $200.00, and the fact that any such bridge or culvert does
not conform with the specifications of the Department of Public Works and Buildings in effect at the time when the contract for such bridge or culvert shall have been let, shall be prima facie evidence that the bridge or culvert does not have the capacity of sustaining highway trattic with safety.
APPROVED June 30, 1919.
COUNTIES NOT UNDER TOWNSHIP ORGANIZATION.
$ 41. Division into districts
corporate name-capacity — alteration of boundaries and
tion of new districts. (HOUSE BILL No. 283. APPROVED JUNE 30, ,1919.)
AN Act to amend section 41 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 41 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:
§ 41. COUNTIES NOT UNDER TOWNSHIP ORGANIZATION—DIVISION INTO DISTRCTS.] Counties not under township organization shall be divided into road districts by the county board thereof, in the manner hereinafter set forth. All road districts, where it is practicable, shall be composed of territory not less than a congressional township. Fractional or whole townships may be added to other fractional or whole townships. The districts so formed shall be designated by some numbei'.
(1) COUNTIES ALREADY DIVIDED INTO DISTRICTS.] In counties not under township organization, wherein road districts are already now laid out and established under the provisions of an Act approved May 4, 1887, in force July 1, 1887, entitled, “An Act to provide for the organization of road districts, the election and duties of officers therein, and in regard to roads and bridges, in counties not under township organization, and to repeal an Act and parts of Acts therein named,” the road districts already laid out therein hy the county boards thereof shall be continued in existence, unless the same shall be altered in the manner hereinafter set forth: Provided, however, that all incorporated cities, towns and villages which have heretofore been excluded from road districts in such counties shall hereafter be included therein, and in all cases where necessary therefor, the county boards of such counties shall make provision to create such city, town or village into a road district, or to make it a part of some road district already formed.
(2) COUNTIES NOT ALREADY SO DIVIDED.) In all counties not under township organization, and operating under the provisions of an Act approved May 10, 1901, entitled, “An Act in regard to roads and hridges, and to provide for the adoption of the same.” and wherein
road districts are not already laid out and established, it shall be the duty of the county board thereof, at their first session after this Act shail be in force and effect, to divide such counties into road districts, as provided herein.
(3) CORPORATE NAME OF DISTRICT.] The corporate name of each district shall be "Road District No....... and all actions by or against such district shall be in its corporate name.
(4) CORPORATE CAPACITY OF DISTRICT.] Every district so organized shall have corporate capacity to exercise the powers granted thereto, or necessarily implied and no others. It shall have power: (1) TO sue and be sued. (2) To acquire by purchase, gift or devise, and to hold property, both real and personal, for the use of its inhabitants. and again to sell and convey the same. (3) To make all such cortracts as may be necessary in the exercise of the powers of the district.
(5) ALTERATION OF BOUNDARIES AND CREATION OF NEW ROAD DISTRICTS.] The board of county commissioners of each county shall have full and complete power and jurisdiction to alter the boundaries of road districts, to change road district lines and create new road districts in their respective counties to suit the convenience of the inhabitants residing therein, but no such change shall be made or nes road district created under the provisions of this Act unless at least twenty of the legal voters of such road district shall petition for such alteration, change or creation of new road district; nor shall such alteration, change or creation of new road district be made by such board of county commissioners without notice thereof having been given by posting up notices in not less than five of the most public places in each of the several towns or road districts interested in such proposed alterations, changes or creation of new road districts.
APPROVED June 30, 1919.
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 amended, by adding thereto a section, to be known as section 3N.
SECTION 1. Be it enacted by the People of the State of Illinois. represented in the General Assembly: 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 by adding thereto a section, to be known as section 38a, to read as follows:
$ 38a. When a highway leading to a public ferry over a river which is the boundary line between two counties, is subject to inundation and flood damage, such highway in either or both of such counties may be built, repaired or maintained by the adjoining counties, or either of them, or may be partly built, repaired or maintained by both or either of such counties.
It shall be lawful for the county boards of such adjoining counties to enter into contract as to the proportion of the expense of construction, repair or maintenance to be borne by each, and such contracts shall be enforceable at law or equity; or either county may constructor maintain, or assist in the construction and maintenance of such highway in either or both counties.
APPROVED June 16, 1919.
OBSTRUCTIONS AND SIGNS. 1. Amends section 145a, Act of 1913.
$ 145a. Removal of obstructions
-erection and maintenance of signs penalty-petition for
release. (SENATE BILL No. 375. APPROVED JUNE 30, 1919.) An Act to amend section 1450 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 145a 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:
$ 145a. At all grade crossings of public highways over railroads outside the corporate limits of any city or village, the highway commissioners shall remove, or cause to be removed from the highways all removable obstructions to view of such grade crossings, such as brush and shrubbery, and trim, or cause to be trimmed, all hedges and trees upon the highway for a distance of not less than three hundred (300) feet from each side of such crossings.
It shall be the duty of the highway commissioners to erect and maintain such signs as the Public Utilities Commission may prescribe alongside the roadway on the highway at a distance of three hundred (300) feet on either side from every grade crossing located in the various townships or road districts of the State, designed as “extra hazardous” by the Public Utilities Commission. Such signs shall be erected upon a substantial post or pedestal at a height of approximately five (5) feet above the level of the highway at the point where such sign is located. No advertising or other signs shall be placed upon the highway or upon the railroad right-of-way within fifty (50) feet of any signs required by law to be placed at or near grade crossings.
It shall be unlawful for any person, firm or corporation to place, or to cause to be placed, any sign at a public highway within a distance of three hundred (300) feet of any grade crossing, except signs or signals required by law or the Public Utilities Commission for the protection
of such crossings.
Any person who unlawfully removes, throws down, injures or defaces any signs required by law to be maintained at or near any railroad crossings on the public highway, shall be liable to a fine of not