703 1917+ '^m^ ^^ ^» -i^-V^' y^%^i I ■ •* ■' # A^t .Ti. Z? lV-, ^:, -^i ■ik-^ m H': ti^ JS703 19?r" """"™"'' '■"'"^ + 'liiiVHiiii]iSiiiii?i»ir,flli?l.,i?, consolidate in the Clin 3 1924 030 585 800 Overs |50th G. A. SENATE BILL No. 141 1917 1 Introduced by Mr. Hull, February 6, l!)]7. 2 Eead by title, ordered printed and re^'ened to Committee on Municipalities. A BILL For an Act to consolidate in the government of the city of Chicago the powers and functions vested in local governments and authorities within the territory of said city and to make provisions co7iceruing the same. ARTICLE I. CONSOLIDATION. Section 1. Be it enacted by the People of tlic State of lU'uioiti, 'I ir/presented in the General Assembly: Local goveenments consolidated with . 3 the city.] That all powers and functions not specifically abrogated by this Act 4 which are vested in the city, town, township, park, park district, sanitary dis- 5 trict or other local governments and authorities having jurisdiction confined to or 6 within the territory of the City of Chicago, or any part thereof, shall be vestei i 7 and consolidated in -the municipal government of the City of Chicago, and for 8 that purpose all municipal corporations and quasi-municipal corporations other 9 than the City of Chicago whose jurisdiction is confined as aforesaid, and their 10 corporate authorities, shall l)P dissolved and abrogated and shall be merged in 11 and consolidated with the City of Chicago, except that towns or townships shall 2 12 be deemed to continue in existence only in so far as their continued existence 13 ma}' Le necessary to tlie collection of taxes ; and the City of Chicago shall be the 14 successor of said municipal corporations and quasi-municipal corporations, and i 15 shall succeed to all their property and corporate rights and powers and be sub- J 16 ject to all their lawful debts, obligations and liabilities, whether such rights or "■ 17 lialilities be accrued or contingent. No town, park district or sanitary district 18 shall hereafter be formed under general laws now in force so as to be located 19 entirely or partly within the city limits of the City of Chicago. 20 The present park commissioners, boards of park commissioners, park 21 boards, board of directors of the public library, board of directors of the public 22 tuberculosis sanitarium, board of inspectors of the house of correction and trus- 23 tees of the sanitary district hereby consolidated in the municipal government of 24 Chicago, shall continue to perform their official functions until the city council of 25 Chicago shall provide' for government and control of such parks, library, tuber- 26 culosis sanitarium, house of correction and sanitary district, and thereupon the 27 official functions of such park commissioners, respectively, board of park com- 28 missioners, park boards, boards of directors, board of inspectors and trustees 29 shall terminate, and their respective offices shall be abolished. 30 Nothing in this section contained shall be construed to apply to or to affect 31 in any manner the board of education of the City of Chicago. Sec. 2. Consolidation of local goveenments upon annexation of teebi- 2 TOEY.J Upon the annexation hereafter to the City of Chicago of any territorv 3 containing within its boundaries the whole of any town or township, park, park 4 district, sanitary district or other mjinicipal corporation or quasi-municipal cor- 5 poration, or any part of any such municipal corporation or quasi-municipal cor- 6 poration, the remaining portion of which is already situated within the territorv 7 of the city, the powers and functions of such town or township, park park dis- 8 trict, sanitary district or other municipal corporation or quasi-municipal cor- 9 poration thus becoming included entirely within the city shall, if a maiority of the 10 legal voters of such municipal corporation or quasi-municipal corporation votino- 11 upon the question consent to such annexation, be vested and consolidated in tlie 12 municipal government of the City of Chicago, and such municipal corporation or 13 quasi-municipal corporation and its corporate authorities shall tliereupon be dis- 14 solved and abrogated and shall be merged in and consolidated with the City of 15 Chicago, subject in every respect to the provisions of this article. Whenever, 16 after such annexation, it shall be necessary to take a vote in such annexed terri- 17 tory or jurisdiction of the legal voters therein on any question upon which their 18 votes shall be separately counted and returned, the board of election commission- 19 ers shall furnish separate ballot boxes in wliich the votes of the legal voters 20 residing within the territory of any such annexed municipal corporation or quasi- 21 municipal corporation may be received in order that they may be so separately 22 counted and returned. 23 Nothing in this section contained shall be construed as applying to or affect- 24 ing in any manner the board of education of the City of Cliicago, or any school 25 district, or part thereof, annexed to tlie City of Chicago. Sec. .3. Rights and liabilities preserved — causes to be prosecuted by oh 2 against the city.] The City of Chicago, upon its reorganization under this Act, 3 with the enlarged powers and jurisdiction vested therein by this Act, shall be 4 deemed to be the same corporation and be subject to all laws now in force not 5 abrogated or modified by this or any other Act especially relating to said city, and 6 in addition to the rights, powers and property and the duties, obligations and lia- 7 bilities conferred and imposed upon it by this Act shall continue to be vested with 8 the same rights, powers and propertj- of every description, and to be subject to 9 the duties, obligations and liabilities, accrued or contingent, of the City of Chi- 10 cago, as at present organized, and no legal proceeding or suit to which the city 11 is a party shall be affected l)y the change of organization, and all legal proceed- 12 ings or suits instituted by or in the name of or against any of the corporations or 13 corporate authorities hereby abrogated shall be continued without abatement by 14 or against the City of Chicago, either in the name of the City of Chicago or in th(? 15 name by which they were instituted, 16 All causes of action- accrued before this Act takes effect in favor of or 17 against any of the municipal corporations or quasi-municipal corporations or cor- 18 porate authorities hereby abrogated may be prosecuted by or against the City of 19 Chicago. 20 When a different remedy is given by this Act which may properly be niade 21 applicable to any right existing at the time this Act takes effect, the same shall 22 le deemed cumulative to the remedies before provided and may be used ac- 23 cordingly. Sec. 4. City substituted in contkacts of local goveenments consolidated. ] 2 All legal acts lawfully done by or in favor of any of the municipal corporations, 3 quasi-municipal corporations or corporate authorities hereby consolidated shall 4 be and remain as valid as though this Act had not been passed, and in all cases 5 shall be binding upon the respective parties affected by such acts, except that the 6 City of Chicago shall be, and it is hereby substituted in lieu of such town or town- 7 ship park, park district, sanitary district or local government or authority here- 8 by consolidated with said city. This provision shall apply, among other things, 9 to contracts, grants, licenses, warrants, orders, notices, appointments and official 10 bonds, but shall not affect any existing or contingent rights to modify, revoke 11 or rescind such acts of said municipal corporations, quasi-municipal corporations 12 or corporate authorities. Sec. 5. Fines and penalties to be collected by the city.] All fines, penal- 2 ties and forfeitures incurred or imposed before this Act takes effect for violation 3 of the ordinances, by-laws or rules of any of the municipal corporations, quasi- 4 municipal corporations, corporate or local authorities hereby consolidated shall 5 be enforced or collected by or under the authority of the City of Chicago. Sec 6. Taxes and assessments already levied to be collected by city.] The 2 taxes and special assessments lawfully levied before this Act takes effect by any 3 of the corporate authorities hereby consolidated shall be collected as if they had , 4 been lawfully levied by or under the authority of the City of Chicago. Sec. 7. POWEBS OF TAXATION PRESERVED TO PROTECT RIGHTS OP CREDITORS.] All 2 powers of taxation or assessment that may have become part of any contract of 3 indebtedness incurred or entered into by any of the municipal corporations or 4 quasi-municipal corporations hereby consolidated with the City of Chicago shall 5 be preserved only in so far as their exercise may become necessary to save and 6 protect or enforce the rights of creditors, or those holding obligations created in 7 view or respect of any tax, assessment or power of taxation pr assessment, and, 8 in the event of any such powers so becoming necessary, shall be exercised by the 9 corporate authorities of the City of Chicago to the same extent as the corporate 10 authorities contracting such indebtedness would have been bound to exercise the 11 same. Sec. 8. Present ordinances to be continued in force until repealed.] AJl 2 lawful ordinances, resolutions, by-la vs, orders or rules in force in any municipal 3 corporation, quasi-municipal corporation, or other local government or authority 4 hereby consolidated in the municipal government of the City of Chicago, at the 5 time this Act takes effect, and not inconsistent with the provisions of this Act, 6 shall, notwithstanding any change of organization effected by this Act, continue in 7 full force and effect within the territory included within the jurisdiction of the 8 authority by which such ordinances, resolutions, by-laws, orders or rules were 9 respectively enacted until repealed, abrogated or amended by the city council of 10 the City of Chicago. No ordinance of the City of Chicago in force in the city 11 when this Act takes effect shall be affected or impaired by the consolidation pro- 12 vided by this Act. Sec. 9. Trust funds to continue subject to same trust.] Any property or 2 funds held by any of the municipal corporations, quasi-mimicipal corporations or 3 corporate authorities herelw consolidated with the City of Chicago upon any spe- 4 eial express trust shall be held by sai 1 city upon such trust. The proceeds of 5 special assessments levied before this Act takes effect shall be applied to the pur- 6 poses for which they were levied or imposed. Sec. 10. Retiring OFncEE shall deliver records and peopekty to the city 2 COMPTROLLER.] Any ofScr ceasing to hold office by virtue of this Act shall deliver 3 and turn over to the city comptroller or such officer as the city comptroller 4 may designate as the one upon whom the powers and duties of such retiring officer 5 devolves, all papers, records and property of every kind in his possession and 6 custody by virtue of his office, and shall account to said city comptroller for all 7 funds, credits or property of any kind with which he is properly chargeable. Sec. 11. Officials and employef.s of local governments consolidated.] 2 The offices of all officers of all towns or townships, parks or park districts, sani- 3 tary districts, or other local governments and authorities hereby consolidated 4 are hereby abrogated and abolished, except as herein otherwise expressly pro- 5 vided. 6 All officers and employees included in and subject to the civil service laws 7 relating to any of the local governments and authorities hereby consolidated with 8 the City of Chicago, and all other officers and employees (excepting all elective 9 officers, general superintendents, attorneys and secretaries) employed by local 10 governments and authorities not under civil service law who have served for at 11 least six months prior to the passage of this Act by the General Assembly and 12 who would, if employees of the City of Chicago, be included in and subject to the 13 civil service laws relating to said city, shall te transferred to and without ex- 14 amination, shall become officers and employees of the City of Chicago, subject to 15 the provisions of the civil service laws relating to said city, and the civil service 16 commission of the City of Chicago, upon tlie taking effect of this Act, shall 17 classify and place, in accordance with the character of his former duties, rank and 18 responsibilities, each of said officers and employees in his appropriate class and 19 grade in the classified civil service of said city, and, for the purpose of determin- 20 ing seniority in such class and grade, each of said officers and employees shall be 21 credited with the time, prior to such transfer to the employ of the city, served 22 by them as officers and employees of the local government and authorities hereby 23 consolidated, in the respective offices and places of employment held by them re- 24 spectively at the time of such transfer, and no such officer or employee shall be 25 removed or discharged except for cause, upon written charges, and after an op- 26 portunity to be heard in his own defense. 27 All employees, except policemen, so transferred to the City of Chicago, who 28 would, if employees of said city, be included within the j)rovisions of an Act en- 29 titled, "An- Act to provide for the formation and disbursement of a pension fund 30 in cities, villages and incorporated towns having a population exceeding 100,000 31 inhabitants for municipal employees appointed to their positions under and by 32 virtue of an Act entitled, ' An Act to regulate the civil service of cities, ' approved 33 and in force March 20, 1895, and for those who were appointed prior to the pas- 34 sage of said Act and who are now in tie service of such city, village or town," 35 approved May 31, 1911, and in force July 1, 1911, and all amendments thereto 36 heretofore or hereafter made, shall have credit thereunder, in respect of time of 37 service, for the time theretofore served and shall become subject to all the pro- 38 visions of said pension fund Act last above mentioned. 39 All policemen so transferred to the City of Chicago, and all persons who 40 were formerly employed as policemen in any of the local governments or local 41 authorities hereby consolidated, and who are now employed as policemen by the 42 City of Chicago, shall have credit, in respect of time of service, under an Act en- 43 titled, "An Act to provide for the setting apart, formation and disbursement of 44 a police pension fund in cities, villages and incorporated towns," approved 45 April 29, 1887, and in force July 1, 1887, as subsequently amended, and under 46 any Act of like nature superseding said Act and applying to the City of Chicago, 47 for the time theretofore at any time served by them as policemen of the local gov- 48 ernments and authorities hereby consolidated. 49 All fines, penalties, rewards, funds, moneys and property in the possession 50 or control of the various boards of trustees created by virtue of an Act entitled, 51 "An Act to provide for the setting apart, formation, administration and dis- 52 bursement of a park police pension fund," approved May 23, 1913, and in force v^ 53 July 1, 1913, or in the possession or control of a-ny board or boards suecocding such 54 boards and created by virtue of any similar Act, or to which any such board of 55 boards may be by law entitled, shall, upon the taking effect of this Act, become 56 the property of the board of trustees of the police pension fund of the City of 57 Chicago, created by virtue of an Act entitled, "An Act to provide for the setting 58 apart, foraiation and disbursement of a police pension fund in cities, villages 59 and incorporated towns," approved April 29, 1887, and in force July 1, 1887, as 60 subsequently amended, for the uses and purposes set forth in said last mentioned 61 Act, whereupon such board' or boards of trustees of park police pension funds 62 above mentioned shall be dissolved and abrogated : Provided, that all legal pro- 63 ceedings instituted by or in the name of or against any such board or boards 64 of trustees of park police pension funds shall be continued without abatement 65 either in the name of the board of trustees of the police pension fund of the City 66 of Chicago or in the name by which they were instituted or conducted. 67 All pensions and all lawful claims for pensions payable out of the funds 68 created under an Act entitled, "An Act to provide for the setting apart, forma- 69 tion, administration and disbursement of a park police pension fund," approved 70 . May 23, 1913, in force July 1, 1913, and all amendments thereto, heretofore or 71 hereafter made, shall, when such fund becomes the property of the trustees of 72 the police pension fund of the City of Chicago, as herein provided, attach to and 73 le payable out of such police pension fund of the City of Chicago, in accordance 74 with the law relating thereto. ARTICLE II. REVENUE. Sec. 1. Rate OP TAX LEVY FOB CITY PURPOSES.] The city council of the City of 2 Chicago shall annually, during the first half of the fiscal year, by ordinance, levy 3 a general tax on real and personal property not exempt from taxation for cor- 4 porate purposes, including general eit>', park, library, public tuberculosis- sani- 5 tarium, house of correction and sanitary district purposes, to meet the require- 6 ments of the annual appropriation bill for such year, not exceeding in the aggre- 7 gate, exclusive of the amount levied for the payments of bonded indebtedness 8 and the interest on bonded indebtedness, two and one-tenth per centum of the 9 assessed value of the taxable property within said city, as assessed and equalized 10 according to law for municipal purposes. Tlie city council in its annual tax 11 levy ordinance shall specify the amount levied for the payment of bonded in- 12 debtedness, the amount levied for the payment of interest on bonded indebtedness 13 and the amount levied for corporate purposes, including general city, park, library, 14 public tuberculosis sanitarium, house of correction and sanitary district purposes. 15 A certified copy of such ordinance shall be filed in the county clerk's office. The 16 county clerk shall extend upon the collector's warrant all of said corporate pur- 17 poses taxes, subject to the limitation herein contained, in a single column as the 18 City of Chicago tax. In case the aggregate amounts levied, exclusive of the 19 amounts levied for the payment of bonded indeljtedness and the interest on 20 bonded indebtedness, shall exceed, as to the corporate purposes tax, the limita- 21 tion herein contained, such excesses shall he disregarded, and the residue only 22 treated as certified for extension. In such case all items for corporate pur- 23 poses in such tax levy, except those lur the payment of bonded indebtedness and 24 the interest on bonded indebtedness, shall be reduced pro rata. The rate so fixed 25 shall not be further impaired by reason of the requirements of an "Act eon- 26 ceming the levy and extension of taxes," apjaroved May 9, 1901, as t'lereafter 27 amended, but after all reductions have been made proportionately, as required 28 by said Act, shall be restored as to the figures of percentage fixed under the 29 provisions of this section. The taxes levied shall ! e collected and enforced in the 30 same manner and by the same officers as State and county taxes, and shall be 31 paid over liy the officers collecting the same to the city treasurer, and the city 32 treasurer of the City of Chicago shall keep, under the direction of the city 33 comptroller, a separate account in conformity to said tax levy, and tlie funds in 34 same shall be paid out by him upon the order of tlie proper authority for tlie 35 purposes only for which the same were levied. Sec. 2. Reports of receipts, expexdituees .\nd opeeations axd estijiate of 2 expenses to be teaxsmitted to city couxcil.] The several departments, bureaus, 10- 3 officers, boards, commissions and other institutions for the support or mainten- 4 ance of which moneys are appropriated by the city council shall, respectively, 5 transmit to the city council, at such time as the city council may direct, such state- 6 ments of their receipts, expenditures a ad operations as the city council may re- 7 quire. Such departments, bureaus, officers, boards, cormnissions and institutions, 8 respectively, at such time before the passage of the annual appropriation bill by 9 the city council, and in such manner and form as the city council may direct, shall 10 severally prepare an estimate or estimates, in writing, of the amount of ex- 11 -penditures required for their respective departments, bureaus, offices, boards, 12 comrnissions and institutions. Sec. 3. City council may create board of estimate.] Th6 city council may 2 create a board of estimate, the members of which shall be selected or designated 3 in such manner as the city council may provide. Such board of estimate shall, 4 before the passage of the annual appropriation bill by the city council, submit to 5 the city council at such time and in such manner and form as the city council may 6 direct, a report or reports of its estimates of moneys necessary to be appro- 7 priated in said bill. The city council may require the several departments, 8 bureaus, officers, boards and commissions of the city government, and other in- 9 stitutions for the support or maintenance of which moneys are appropriated by 10 the city council, to transmit to said board of estimate, at such time and in such 11 manner and form as the city council may direct, an estimate or estimates, in writ- 12 ing, of the amount of expenditures required for their respective departments, bu- 13 reaus, offices, boards, commissions and institutions. AETICLE III. INDEBTBDNESS. Sec. 1. Limit of city's indebtedness.] The City of Chicago may become 2 indebted for municipal, educational and school building purposes to an amount 3 (inclufhng its existing indebtedness and the indebtedness of the corporations or 4 corporate authorities consolidated witli the government of the city and whose in- 11 5 debtedness the city has assumed by this Act and the indebtedness of all other 6 municipal corporations lying wholly within the limits of said city, and the city's 7 proportionate share of the indebtedness of the county of Cook, Avhich shall Le 8 determined as hereinafter provided) in the aggregate not exceeding 5 per centum 9 of the full value of the taxable property within the limits of said city as ascer- 10 tained by the last assessment for State or municipal purposes previous to the 11 incurring of such indebtedness. Sec. 2. City's peopoetionate shaee of cook county's indebtedness.] For 2 the purpose of determining such aggregate indebtedness, the city's proportionate 3 share of the indebtedness of the county of Cook shall bear the same ratio to the 4 entire existing indebtedness of the county of Cook as the value of the taxable 5 property within the City of Chicago bears to the value of the taxable property in 6 the entire county of Cook, as ascertained by the last assessment for municipal 7 and county purposes, respectively, previous to the incurring of any increase in 8 the debt of the city. The amount of the indebtedness of the county of Cook, upon 9 request of the city comptroller at any time shall be certified to such comptroller 10 by the county clerk of Cook county under the seal of the board of county com- 11 missioners. If the city comptroller questions the correctness of such certificate 12 the amount of the county's indebteiness may be determined summarily by the 13 circuit court of Cook county upon proaeedings brought by the city against the 14 county for that purpose. The certificate of the county clerk or the judgment of 15 the circuit court, as the case may be, shall be recorded in the office of the re- 16 corder of deeds of Cook county, and the amount thus recorded shall he con- 17 elusive as to the indebtedness of the county of Cook for the purpo ;es herein con- 18 templated. Sec. 3. Bonds.] For the purpose of raising fimds or securing any in- 2 debtedness the city council may issue interest-bearing coupon bonds, either reg- 3 istered or payable to bearer, or other evidences of indebtedness or obligations, 4 pledging the faith and credit of the city for their payment. Such issue shall 1)c 12 5 authorized by ordinance, stating tlie n mount of the issue and the purpose or pur- 6 poses for which said bonds or obligations are to be issued. Such bonds or obli- 7 gations shall be issued in such denominations, payable in currency or in gold or 8 silver coin, bearing such rate of interest, payable quarterly, semi-annually or 9 annually, not exceeding- 6 per cent per annum, arid payable at such time or times, 10 not exceeding twenty years from the date of issue, and at such place or places and 11 with such conditions as to optional payment before maturity, as the ordinance 12 authorizing the issue may prescribe. Each such bond or obligation shall bear 13 the signature of the mayor and the city comptroller or such other officer or 14 officers as the ordinance authorizing the issue shall direct. Sec. 4. Provision for payment oj? bonds and interest.] The city council 2 shall, before or at the time of authorizing such bond issue, by ordinance provide 3 for the collection of a direct annual tax sufficient to pay the interest on such 4 bonds as it falls due, and also to pay and discharge the principal thereof at the 5 time such principal shall fall due. Sec. 5. City funds may be invested in city bonds or tax warrants.] The 2 city council shall have authority to invest and reinvest any moneys in any fund 3 set aside for some particular purpose, that is not immediately necessary for 4 such purpose, including moneys in any sinking fund, in any bonds or tax war- 5 rants of the city. No bond thus acquired by the city with funds taken from any 6 special fund shall be then retired or cancelled unless of the series of bonds for 7 the redemption of which such fund was raised. Sec. 6. Issue of new bonds to be submitted to voters.] No new bonded 2 indebtedness, other than for refunding purposes, shall be incurred until the 3 proposition therefor shall be consented to by a majority of the legal voters of 4 the city voting on the question at any election, general, municipal or special. Sec 7. Irregularity not to invalidate bonds in hands of holder for 2 value.] The failure to comply with any of the requirements herein contained 3 with reference to the form or manner of issuing bonds, or other obligations of the- 4 city, shall not invalidate, in the hands of a holder for value, any such bond or 5 obligation which shall have been duly authorized as herein provided if the same 6 constitutes equitably a charge against the city; but upon such failure appro- 7 priate proceedings may be brought to restrain the issue of such bonds or to com- 8 pel compliance with the law. Sec. 8. Assumption of indebtedness by acceptance of act.] The City of 2 Chicago shall, under this Act, become bound for, and shall be held to have assumed, 3 all the debts and liabilities of all municipal corporations, quasi-municipal cor- 4 porations, local governments and authorities hereby consolidated with it, includ- 5 ing any bonds heretofore issued under statutes intended to apply to all or any 6 of such particular corporations or corporate authorities. ARTICLE IV. paeks. Sec. 1. City to succeed to all powers of park boards not inconsistent 2 WITH this act.] The City of Chicago shall be vested with all powers heretofore 3 granted to any park commissioners, park boards or boards of p irk commissioners 4 whose authority is abrogated by this Act, and which powers have not heretofore 5 lapsed or expired and are not inconsistent with the provisions of this Act, and all 6 powers now existing with regard to any of said parks to enlarge the same by 7 reclaiming submerged lands under public waters in this State and all powers and 8 rights incidental thereto shall extend to the submerged lands under any and all 9 public waters within the jurisdiction of or bordering upon the City of Chicago, 10 for the benefit of said city. Sec. 2. City's power of acquisition.] The city shall have power to acquire 2 by dedication, gift, lease, contract, purchase or condemnation, lands or e;iso- 3 ments, inside or outside of the city limits, for park or boulevard purposes, and 4 for ways connecting parks with the city or each other. 14 Sec. 3. City may extend park system.] The city council shall have, power 2 to extend the park system of the City of Chicago, both within and outside of the 3 city limits, by adding to or otherwise enlarging any parks, and by opening and 4 estallishing new parks, and by extinguishing or acquiring such title to, or Such 5 easements and rights in or over any lands abutting on or in the vicinity of any 6 existing or projected park as may be-necessary or appropriate to control the sur- 7 roundings of such parks so as to increase the advantage thereof to the public or 8 secure to the public the full benefit, use and enjoyment thereof. For any such 9 purpose the city may extinguish easements or rights in land and may acquire 10 lands and easements and rights in or over land, by dedication, gift, lease, contract, 11 purchase or condemnation, and may, ia its discretion, take under the power of 12 eminent domain or otherwise, the title in fee simple absolute to any land which 13 the city is authorized to acquire, or in or over which it is authorized to acquire 14 easements and rights as aforesaid, and such title shall not terminate or be de- 15 feated by cessation or abandonment of the use for which it was acquired. The 16 declaration of the city council that any such lands or easements or lights in or 17 over land are necessary or appropriate for any such purpose shall constitute 18 sufficient prima facie evidence of such necessity or appropriateness. The city 19 council may vacate streets and alleys within the limits of or adjacent to any lands 20 acquired for the purposes of this section. Sec. 4. MAY CEEATE OE DISCONTINUE BOUDEVAEDs. ] The city couucll shall have 2 the power to select and set apart any street or streets of the city or any portion 3 thereof for a bouelvard or driveway and shall also have the power to discontinue 4 the use of such streets or any part thereof as boulevards and resume control 5 over them as city streets. No street or portion thereof shall be changed into a 6 boulevard, or discontinued as such, v\ithout the consent of the owners of the 7 greater portion of the frontage of the lots abutting upon such street or boulevard 8 or portion of street or boulevard. 9 The official or officials charged wit'i the government and control of parks 10 shall liavo authority to enter into contracts in the name of the City of Chicago 15 11 with owners of proj.evty abutting upon, or in the vicinity of, any boulevard, 12 whereby such owner in consideration of the location or continuance of such boule- 13 vards may bind themselves to make annual contributions towards the mainte- 14 nance and repair of same. Such contracts, if so provided therein, shall operate as 15 covenants running with the land, and when recorded in the office of the recorder 16 of deeds of Cook county in accordance with law, the amounts agreed to be paiJ 17 shall constitute liens upon the propel ty to which such contract relates. Sec. 5. City may discontinue parks.] The city council may discontinue any 2 parks, or any portion thereof, by a vote of three-fourths of its members, and may 3 dispose of the land and property the i:se of which has been so discontinued in the 4 manner provided by statute for the disposition of other city property which 5 ceases to be used for city purposes. This section shall not apply to the discon- 6 tinuance of a boulevard when such boulevard is reconverted into a street. Sub- 7 merged lands reclaimed for park purposes may, if discontinued in accordance 8 with this section, be devoted to such purposes as the city council shall direct. 9 Personal property, no longer needed for park purposes, may be sold under 10 such regulations as the city council may prescribe. Sec. 6. May erect city buildings on lands and pekmit county, state or fed- 2 eral buildings thereon.] The city shall have authority to acquire and hold lands 3 and to fill in and reclaim submerged lands for the erection and maintenance there- 4 on of public buildings of the city and for public grounds surrounding such build- 5 ings or connected therewith, or for other public and municipal purposes, and shall 6 have the right to permit buildings of the county of Cook, the State of Illinois, 7 the United States of America and other governmental or public .bodies to be 8 erected and maintained on such lands and grounds upon such terms and condi- 9 tions as the city council may prescribe. Subject to such use, the city shall havo 10 the same power to manage and control, improve, maintain and beautify such 11 lands and grounds as is in this Act conferred upon said city with respor-t to parks, 12 and for any of the purposes hereinbefore in this section specified the city may 16 13 acquire or dispose of the title to or rights in lands or rights or easements in or 14 over lands alutting on or in the vicinity of such lands or public grounds in like 15 manner and to like extent as in this Act provided with respect to parks. Sec. 7. City council may pass ordinances foe government of parks-] The 2 city council may from time to time, whenever the same is deemed necessary, es- 3 tablish by ordinance all needful rules and regulations for the government and 4 protection of parks herein provided for, and ways connecting parks with each 5 other or with the city, and of boulevards. Such ordinances may provide for ex- 6 eluding from such parks, boulevards and ways, or any of them, all funeral proces- 7 sions, hearses, trsfhc teams, tlirough teaming and all objectionable travel and 8 traf&c, and may regulate the speed of vehicles in such parks, boulevards and 9 ways, and provide penalties for the violation of same. 10 General city ordinances now in force or hereafter enacted shall be presumed 11 not to apply to such parks, boulevards and ways, if contrary to any regulation 12 made under the authority of this section. Sec. 8. Ordinances shall be published in book form and rules posted.] All 2 ordinances, for the violation of which fines are imposed, shall be published in the 3 newspaper selected as the official journal of the city, and the same may be printed 4 in book or pamphlet form in such manner as the city council shall direct, and 5 rules framed in conformity with such ordinances shall be brought to the notice 6 of the public by being posted in conspicuous plaes in the parks. 7 When such ordinances are printe 1 in book or pamphlet form, purporting to 8 be published by authority of the city council, such book or pamphlet shall be re- 9 ceived as evidence of the contents of such ordinances and of the passage and pub- 10 lication thereof as of the dates therein mentioned in all courts without further 11 proof. Sec. 9. City council shall have full power over parks.] The city council 2 except as expressly limited by this Act, and otherwise expressly provided for 3 lierein, shall have full power to manage and control, improve maintain and 17 4 beautify the parks of the city and shall have power to make appropriations and 5 bond issues for all park purposes. Sec. 10. Cost of new pake may be met by gexekal ob special taxation ok by 2 BOTH.] The cost of the first establishment of any park and the cost of any other 3 local improvement in or relating to the same may be met by general taxation, or 4 by special taxation, or by special assessment, or by a combination of special 5 with general taxation, or of special assessment with general taxation, or other- 6 wise, as' the city council shall by ordinance determine. The provisions of the 7 statutes governing the making of local improvements in the city shall be applied 8 to the proceedings for the taking of lands' and the meeting of the expenses in con- 9 nection with such improvements, in so far as the same are applicable. The cost 10 of maintenance and repair shall not be met by special taxation or special as- 11 sessment. Sec. 11. City may do ceetain wokk by day labor or contract.] Any work 2 to be done by or under the direction of the official or officials charged with the 3 government and control of parks, the cost of which is not met in whole or in part 4 by special assessment or special taxation, may be done, in the discretion of the 5 city council, either directly through park employees and other laborers hired for 6 the purpose or by contract entered into for that purpose, or partly by the one 7 method and partly by the other. Sec. 12. Museum, art institute or library in parks.] The city council may 2 purchase, erect and maintain within any public park, any museum, art institute 3 or library, or permit any museum, art institute or hbrary established for public 4 use by private endowment to be erected and maintained therein. 5 An admission fee, not to exceed twenty-five cents for each visitor over ten G years of age, may be charged or permitted to be charged for visiting any such 7 museum or art institute : Provided, that all such museums and institutes shall be 8 open to the public without charge for not less than three days each week, and — S B 141 18 9 to the children in actual attendance upon any of the schools in the city on every 10 day. 11 Any arrangement or agreement existing at the time this Act shall take effect 12 with any museum, art institute or library, that shall be now located or author- 13 ize^ to be located in any park, shall not be impaired or affected, but shall be con- 14 tinned in force, by the provisions of this Act. 15 Where any power has heretofore been granted by statute to any board of 16 park commissioners to levy taxes for the support of any museum or museums of 17 art, science or natural history located and maintained, or authorized to be located 18 and maintained in any public park, the city council may appropriate and include 19 in the levy of taxes for park purposes a tax on each dollar of taxable property 20 in the City of Chicago, not to exceed that named in the statute conferring such 21 power upon said board of park commissioners, for the same purpose or pur- 22 poses, subject to the provisions of this Act upon the subject of taxation and 23 revenue. 24 If any owner of land abutting upon any park, or adjacent thereto, has any 25 easement or property right in such park appurtenant to his land which would be 26 interfered with by placing any museum, art institute or library within the park, 27 or any right to have such park remain open and free from buildings, such ease- 28 ment or right may be condemned in accordance with the provisions of the stat- 29 utes regulating the exercise of the power of eminent domain. Sec. 13. Appeopeiatioks. AND BOND issxjES. ] All appropriations and bond 2 issues for the use of parks shall be made by the city council, in accordance with 3 the general provisions of this Act. All warrants upon which any portion of 4 such funds are to be paid out shall bear the signature or signatures of such 5 ofiScial or officials as may be designated by the city council. Sec. 14. Public monuments.] The official or officials charged with the gov- 2 ernment and control of parks shall have charge and control of all public monu- • 3 ments within the city and the city council may establish, by ordinance, all needful 19 4 rules and regulations tending to the preservation of such public monuments and 5 to prevent their defacement, in the same manner and with the same effect as it 6 may make ordinances for the protection of the public parks. Sec. 15. Private property thrown open to public^ — places of historic in- 2 terest.] The citj' council shall have power, by agreement "with private owners, to 3 undertake the preservation and care, in whole or in part, of places under private 4 ownership, the use of which is thrown open to the public; and in like manner to 5 undertake the preservation and care of places of historic interest, and to mark 6 the same by appropriate memorial tablets and inscriptions, which shall be re- 7 garded as public monuments, and also to purchase, preserve and maintain sites 8 and buildings of historic interest. ARTICLE V. PUBLIC LIBRARY. Sec. 1. Management of public library.] The city council shall have full 2 power to manage, control, maintain, operate and extend or enlarge the public 3 library of the City of Cliicago; to acquire, by dedication, gift, lease, contract, 4 purchase or condemnation, property and rights necessary or proper for library 5 purposes ; to make appropriations and tax levies and issue bonds for such pur- 6 poses; and to exercise any and all powers and rights, not inconsistent with the 7 provisions of this Act, now vested in the board of directors of said library under 8 the laws of the State relating to such libraries. Sec. 2. Appropriations and bond issues.] All appropriations and bond issues 2 for the use of such library shall be made by the city council, in accordance with 3 the general provisions of this Act. All warrants upon which any portion of said 4 funds is to be paid out shall bear the signature of sueli official or officials as 5 may be designated by the city council. Sec. 3- Who may use library.] Such library shall be forever free to the 2 use of the inhabitants of the City of Chicago, subject to such reasonable rules and 20 3 regialations as the city council may adopt in order to render the use of said 4 library of the greatest benefit to the greatest number, and the official or officials 5 charged with the government and control of such library may exclude from the 6 use of such library any and all persons" who shall wilfully violate such rules and 7 regulations. The city council may extend the privileges and use of such library 8 to persons residing outside of such city in this State upon such terms and oondi- 9 tions as it may from time to time, by ordinance, provide. Sec. 4. Oedinances imposing penalties.] The city council shall have power 2 to pass ordinances imposing suitable penalties for the punishment of persons 3 committing injury to such library or the ground or other property thereof and 4 for injury to, or failure to return, any book belonging to such library. Such 5 ordinances shall be published in the newspaper selected as the official journal of 6 the city and may be printed in book or pamphlet form, in such manner as the city 7 council shall direct, and all rules framed in conformity with such ordinances shall 8 be brought to the notice of the public by being posted in conspicuous places in such 9 library and all branches or extensions thereof. Sec. 5. Donations.] Any person desiring to make donations of money or 2 other property for the benefit of such library shall have the right to vest the 3 title to the money or other property so donated in the City of Chicago, in trust 4 for the use of such library, to be held and controlled by said city, when accepted, 5 according to the terms of the gift, devise or bequest of such property, and as to 6 such property the said city shall be held and considered to be a special trustee. Sec. 6. Pension fund.] Nothing herein contained shall in any way affect the 2 operation or administration of an Act eiititled, "An Act to provide for the for- 3 mation and disbursement of a public library employees' pension fund in cities 4 having a population exceeding 100,000 inhabitants," approved May 12, 1905, as 5 amended by Act of June 3, 1907 : Provided, hoivever, that the board of trustees 6 of the said pension fund of said public library created by said Act shall here- • 7 after consist of five (5) members, two of whom shall be employees contributino- 21 8 to said fund and three of whom shall be appointed in such manner as the city 9 council may, by ordinance, direct. AETICLE VI. PUBLIC TUBERCULOSIS SANITARIUM. Sec. 1. Management of public tuberculosis sanitarium.] The city council 2 shall have full power to manage, control, maintain, operate and extend or enlarge 3 the public tuberculosis sanitarium of the City of Chicago ; to locate such sanita- 4 rium within or outside the corporate limits of said city ; to acquire, by dedication, 5 gift, lease, contract, purchase or condemnation, property and rights necessary 6 or proper for sanitarium purposes ; to make appropriations and issue bonds for 7 such purposes ; and to exercise any and all powers and rights, not inconsistent 8 with the provisions of this Act, now vested in the board of directors of said sani- 9 tarium under the laws of the State relating to such sanitarium. Sec. 2. Appropriations and bond issues.] All appropriations and bond issues 2 for the use of such public tuberculosis sanitarium shall be made by the city coun- 3 cil, in accordance with the general provisions of this Act. All warrants upon 4 which any portion of said funds is to be paid out shall bear the signature of such 5 official or officials as may be determined by the city Council. Sec. 3. Sanitarium to be free — regulations.] Such sanitarium shall be 2 free for the benefit of the inhabitants of such city who may be afflicted with 3 tuberculosis, and they shall be entitled to occupancy, nursing, care, medicines 4 and attendance, according to the rules and regulations prescribed by the city 5 council to render the use of said sanitarium of the greatest tenefit to the great- 6 est number, and the official or officials charged with the government and control 7 of said sanitarium may exclude from the use of said sanitarium any and all in- 8 habitants and persons who shall wilfully violate such rules or regulations. The 9 city council may extend the privileges and use of such sanitarium to persons so 10 afflicted residing outside of such city in this State upon such terms and conditions 11 as it may, from time to time, by its rules and regulations prescribe. 22 Sec. 4. Civil service.] All officers and employees in the employ of said sani- 2 tarium, by virtue of an examination passed shall, without examination, be trans- 3 ferred to and be included in the classified civil service of such city and be sub- 4 jeet to the provisions of such civil service law, and thereafter no appointment to 5 any such offices or places of employment. shall be made except in accordance with 6 the city civil service law. Sec. 5. Donations.] Any person desiring to make donations of money or 2 other property for the benefit of such pablic tuberculosis sanitarium shall have the 3 right to vest the title to the money or other property so donated in the City of 4 Chicago, in trust for the use of such saiitarium, to be held and controlled by said 5 city, when accepted, according to the terms of the gift, devise or bequest of such 6 property, and as to such property the said city shall be held and considered to 7 be a special trustee. ARTICLE VII. HOUSE OF COEEECTION. See. 1. Management of house of coehection.] The city council shall 2 have full power to manage, control, maintain, operate and extend or enlarge the 3 bouse of correction of the City of Chicago, to locate such house of correction, or 4 branches thereof, within or outside the corporate limits of the city; to acquire, 5 by dedication, gift, lease, contract, purchase, condemnation or otherwise, all such 6 rights and property as may by the city council be deemed necessary or proper 7 for house of correction purposes; to mike appropriations and issue bonds for 8 such purposes ; to exercise any and all powers and rights, not inconsistent with 9 the provisions of this Act, now vested in the board of inspectors of such house 10 of correction and the municipal and legislative authorities of cities under the laws 11 of the State relating to such house of correction. Sec. 2. Appeopbiations and bond issues.] All appropriations and bond 2 issues for the use of such house of correction shall be made by the city council, 3 in accordance with the general provisions of this Act. All warrants upon which 23 4 any portion of said funds is to be paid out shall bear the signature of such offi- 5 cial or officials as may be designated by the city council. Sec. 3. May permit use of house op correction by other government 2 agencies.] The city council may enter into agreements with the proper officer 3 or officers of the United States, or any county, city, village, or incorporated town 4 in the State, to receive and keep in such house of correction, until discharged by 5 law, any person sentenced thereto or ordered to be imprisoned therein by any court 6 of the United States or other federal officer or by any court or magistrate of 7 such county, city, village or incorporated town. Sec. 4. Powers when house op correction located outside the city. ] When 2 the house of correction or branches thereof, are located outside the corporate 3 limits of the city, the city and the municipal authorities thereof shall have as 4 full and complete police powers over such house of correction, or branches thereof, 5 and the territory used in connection therewith as' is or may be conferred upon 6 such city over territory lying within the corporate limits of the city ; and all sen- 7 tenoes, judgments, commitments and orders of any court of competent jurisdic- 8 tion authorizing or directing the detention or imprisonment of any person in such 9 house of correction, or branches thereof, or in any manner affecting such per- 10 son, shall be as valid and effectual as if such house of correction, or branches 11 thereof, were located within the city, and any officer charged with the execution of 12 any such sentence, judgment, commitment or order, shall have as full and complete 13 authority and power of custody and control of the person named in such sen- 14 fence, judgment, commitment or order, for the purpose of executing the same, 15 as if such house of correction, or branches thereof, and all territory thus 16 traversed by such officer between the city and such house of correction, or 17 branches thereof, were within the city. Sec. 5. Pension PUND. J Nothing herein contained shall in any way affect 2 the operation or administration of an Act entitled, "An Act to provide for the 3 setting apart, formation and disbursement of a house of correction employees' 24 4 pension fund in cities having a population of exceeding 150,000 inhabitants, ' ' ap- 5 proved June 10, 1911, in force July 1, 1911 : Provided, hotvever, that the board of 6 trustees of said pension fund of such house of correction created by said Act shall 7 hereafter consist of five (5) members, two of whom shall be employees contribut- 8 ing to said fund and three of whom shall be appointed in such manner as the city 9 council may, by ordinance, direct. ARTICLE VIII. SANITARY DISTBICT. Sec. 1. City to succeed to all powees of sanitary district, not inconsistent 2 with this act.] The City of Chicago shall be vested with all powers heretofore 3 granted by an Act entitled, "An Act to create sanitary districts, and to remove 4 obstructions in the Des Plaines and Illinois rivers, ' ' approved May 29, 1889, in 5 force July 1, 1889, and with all powers heretofore granted by any Act of the 6 General Assembly to the sanitary district of Chicago or to the trustees thereof, 7 whose authority is abrogated by this Act, and which powers have not heretofore 8 lapsed or expired and are not inconsistent with the provisions of this Act. Said 9 city shall be subject to the provisions, duties, obligations and liabilities imposed 10 by the aforesaid Acts, except in so far as the same have lapsed or expired or 11 are inconsistent with the provisions of this Act. 1 2 Upon the adoption of this Act as herein provided the City of Chicago shall 13 constitute and be, for sanitary purposes and any purposes incident thereto as 14 heretofore defined by law, a sanitary district, and said city shall be vested with 15 the usual powers conferred by law upon sanitary districts, subject, however, to 16 all the provisions and limitations in this Act contained. Sec. 2. City's power of acquisition.] The city shall have power to acquire 2 by dedication, gift, lease, contract, purchase, condemnation or otherwise, any and 3 all property, right-of-\\'ay or privilege, necessary or appropriate, either within or 4 outside of the corporate limits of ths city, for sanitary district purposes and 5 for the ways connecting such land with the city and connecting separate tracts 25 6 with each other. The city may, in its discretion, take under the power^of eminent 7 domain or otherwise, the title in fee simple absolute to any land which the city 8 is authorized to acquire, or in or over which it is authorized to acquire ease- 9 ments and rights as aforesaid and such title shall not terminate or be defeated 10 by cessation or abandonment of the use for which it was acquired. The declara- 11 tion of the city council that any such lands or easements or rights in or over 12 lands are necessary or appropriate for any such purposes shall constitute suffi- 13 cient prima facie evidence of such necessity or appropriateness. All moneys for 14 the purchase or condemnation of any property shall be paid before possession is 15 taken, or any work done on the premises damaged by the construction of any 16 channel or outlet, and in case of any appeal from the court in which said condem- 17 nation proceedings shall be pending, taken by either party, whereby the amount 18 of damages is not finally determined, the amount of the judgment in such court 19 shall be deposited with the county treasurer of the county in which such judg- 20 ment shall be rendered subject to the payment of such damages, on orders signed 21 by such judge whenever the amount of damages is finally determined. 22 The city council may, by a three-fourths majority of all the aldermen 23 elected, vacate streets and alleys within the lands or adjacent to any lands ac- 24 quired for the purposes in this section provided. Sec. 3. City shall have full power over sanitary district.] The city coun- 2 cil shall have full power to provide for the drainage of the sanitary district in 3 this Act provided for by laying out, establishing, constructing and maintaining 4 one or more main channels, drains, ditches and outlets for carrying off and dis- 5 posing of the drainage (including the sewage) of such district, together with 6 such adjuncts and additions thereto as may be necessary or proper to cause such 7 channels or outlets to accomplish the end for which they are designed in a satis- 8 factory manner; also to manage, control, improve, maintain, operate, extend or 9 enlarge the sanitary district system or works of the city, both within and outside 10 of the city limits; also to construct all such dams, water wheels, and other works — S B 141 11 north of the upper basin of the Illinois and Michigan canal, as may be neces- 12 sary or appropriate to develop and render available the power arising from the 13 water passing through its main channel and any auxiliary channel now or here- 14 after constructed by said city; also to make and establish docks adjacent to any 15 navigable channel made under prior laws or under the provisions herein, for 16 drainage purposes, and to lease, manage and control such docks, also to control 17 and dispose of any water-power which may be created in the construction and 18 use of such channels or outlets, but in no case shall said, city council have any 19 power to control water after it passes beyond its channels, waterways, races 20 lor structures into a river or natural waterway or channel, or water-power, or 21 docks situated in such river or natural waterway or channel. Such channels or 22 outlets may extend outside the territory included within such city, and the rights 23 and powers of said city council over the portion of such channel or outlet lying 24 outside of such city shall be the same as those vested in said city council over 25 that portion of such channels or outlets within said city. Sec. 4. POWEE TO BE CONVERTED A^ND ELECTEICAL ENERGY TO BE TRANSMITTED 2 AND UTILIZED.] The power made available by the works constructed under the 3 provisions of an Act entitled, "An i.\ct to create sanitary districts, and to re- 4 move obstructions in the Des Plainss and Illinois rivers," approved May 29, 5 1889, in force July 1, 1889, and under any Acts of the General Assembly passed 6 sub-sequent thereto and under the provisions of this Act, shall be converted into 7 electrical energy and shall be used by the City of Chicago or transmitted and 8 sold to the various cities, villages and towns adjacent to said main channel upon 9 such terms as may be agreed to by said City of Chicago, and may be used in the 10 lighting of said cities, villages and towns, or parts thereof, or for the operation 11 of pumping plants or machinery used for municipal purposes or for public service 12 or may be disposed of to any other person or corporation upon such terms as 13 may be agreed to by said City of Chicago : Provided, however, that it shall be 14 the duty of said City of Chicago to utilize as much of said power as may be re- 27 15 quired for that purpose-to operate the pumping stations, bridges and other ma- 16 chinery of said city. Sec. 5. CoNSTEUCTioN OF BKiDGES.] Whcrevcr it has or may tecome neces- 2 sary by reason of the widening, deepening or improving of any navigable stream 3 or river as a portion of the main channel, or as an adjunct thereto or auxiliary 4 to the main channel, to construct bridges to meet the altered or changed condi- 5 tion of such stream or river, such city may construct such bridge or bridges as 6 such widening, deepening or improving, heretofore or hereafter made, may re- 7 quire. No bridge constructed hereunder shall be of permanent, fixed, immovable 8 type, but all bridges built across any such channel shall not interfere with or ob- 9 struct the navigation thereof and shall be so constructed that they can be raised, 10 swung or moved out of the way of vessels, tugs, boats or other water craft navi- 11 gating such channel. Sec. 6. Appropkiations and bond issues.] The city council shall have power * 2 to make appropriations and issue bonds for all sanitary district purposes, and all 3 appropriations and bond issues for sanitary district purposes of the city shall be 4 made by the city council, in accordance with the provisions of this Act. All 5 warrants upon which any portion of sach funds are to be paid out shall bear the 6 signature of such officer or officers as may be designated by the city council. Sec. 7. City may discontinue sanitaby district uses.] The city council 2 may discontinue the use of any property used for sanitary district purposes, 3 whenever the same is no longer necessary, by a vote of three-fourths of its mem- 4 bers and may dispose of the land and property, the use of which has been so dis- 5 continued, in the manner provided by statute for the disposition of other city 6 property which ceases to be used for city purposes ; subject, however, to the res- 7 ervations and provisions in this Act contained relating to water-power and 8 docks. All such lands may be devoted to other city purposes as the city council 9 shall direct. Personal property, no longer needed for sanitary ])urposes, may li'j 10 sold under such regulations as the city council may prescribe. 28 Sec. 8. City council may pass oroinances foe govbenment of sanitaey dis- 2 TEicT system.] The city council may from time to time pass all necessary ordi- 3 nances, rules and regulations for tlie conduct of the business and the govern- 4 ment of the sanitary district, system or works herein provided for, and for the 5 ways connecting the city with any lands outside of the city used for sanitary dis- 6 trict purposes or connecting separate tracts of such lands, and may have and exer- 7 cise police powers over and within the city's right-of-way and for a distance of 8 one and one-half miles on each side of its main drainage channel. General city 9 ordinances now in force or hereafter enacted shall be presumed not to apply to 10 such sanitary district, system or works, if contrary to any regulation made 11 under the authority of this section. 12 All ordinances, for the violation of which fines are imposed, shall be pub- 13 lished in the newspaper selected as the official journal of the city, and the same 14 may be printed in book or pamphlet form in such manner as the city council shall 15 direct, and rules framed in conformity with such ordinances shall be brought 16 to the notice of the public by being posted in conspicuous places of such sanitary 17 district works. 18 When such ordinances are printed in book or pamphlet form, purporting to 19 be published by authority of the city council, such book or pamphlet shall be re- 20 ceived as evidence of the contents of such ordinances and of the passage and pub- 21 lication thereof as of the dates therein mentioned in all courts without further 22 proof. Sec. 9. Cost of new sanitary district improvement may be met by general 2 or special taxation or by both.] The cost of the first improvement or installa- 3 tion of any extension or addition to the sanitary district system of the city and 4 the cost of any other local improvement in or relating to the same, may be met 5 by general taxation or by special taxation, or by general assessment, or by a 6 combination of special with general taxation or of special assessment with general 7 taxation, or otherwise, as the city council shall by ordinance determine. The 8 provisions of the statutes governing the making of local improvements in the city 29 9 shall be applied to the proceedings for the taking of lands and the meeting of tlw 10 expenses in connection with such improvements, in so far as the same are appli- 11 cable. The cost of maintenance and repair shall not be met by special taxation or 12 special assessment. It shall constitute no objection to any special assessment 13 that the improvement for which the same is levied is partly outside the limits 14 of the city, but no special assessment shall be made upon property situated out- 15 side of such city, and in no case shall -any property be assessed more than it will 16 be benefited by the improvement for which the assessment is levied. Sec. 10. Expenses of condemning pkopeety and levying special assess- 2 MENT.] In making any special assessment for any improvement which requires 3 the taking or damaging of property, all costs of condemnation and the entire 4 costs and expenses incident to the making, levying and collecting of such assess- 5 ment may be estimated and included in the assessment as a part of the cost of 6 making such improvement. Sec. 11. City may do ceetain work by day labok oe conteact.] Any work 2 to be done by or under the direction of the officer or officers charged with the 3 government and control of the sanitaiy district system of the city, the cost of 4 which is not met in whole or in part by special assessment or special taxation, 5 may be done, in the discretion of the city council, either directly through city 6 employees and other laborers hired for the purpose, or by contract entered into 7 for that purpose, or partly by the one method and partly by the other. ARTICLE IX. GENERAL PROVISIONS. Sec. 1. Definitions.] The term "local authorities" as used in this Act, shall 2 be construed as broad enough to include all officials and all official and governing 8 bodies of any town, to-\vnship, park, park district, sanitary district or other local 4 government or autliority, as the case may be, which is by this Act consolidated 5 with the City of Chicago. 30 6 The terms "corporations," "municipal corporations," and "quasi-munici- 7 pal corporations," as used in this Act, shall be construed as broad enough to 8 include towns, townships, parks, [rirk districts, sanitary districts anti any other 9 local governments and authorities, as the case may be, which are consolidated by 10 this Act. 11 The term "parks," in the sense of the land devoted to park purposes, means 12 and includes all lands, whether situated within or outside the city, improved as 13 parks or held or set apart for future improvements as parks or forest preserves, 14 city squares or commons, structures placed in or on the boundary lines of the 15 parks or erected for their protection, &uch as walls and breakwaters, all water.i, 16 beaches, playgrounds, ways and boulevards under park government and control 17 and all other open public places used for purposes of recreation, amusement or 18 pleasure of the public, with all appurtenances thereto belonging, unless estab- 19 lished for the use of some other city department and paid for out of the fuixls 20 appropriated for such department. 21 In order to effectuate the intent and purposes of this Act the foregoing 22 definitions in this section and the terms and provisions in this Act contained shall 23 be construed in the broadest, most comprehensive and inclusive sense. Sec. 2. Construction of act.] So far as the provisions of this Act are the 2 same in terms or in substance and effect as the provisions of the laws which this 3 Act supersedes, they shall be construed as continuations of such provisions and 4 not as new enactments. Sec. 3. Act not to be affected by any subsequent general law relating 2 TO cities.] Any Act of the General Assembly that shall be passed after this Act 3 goes into effect, relative to the government of the affairs of the cities in this 4 State in general or of cities containing a stated number of inhabitants or over or 5 allowing the formation of new municipal corporations in any part of the State, 6 shall, in tlie absence of an express det'larntion of a legislative intent to the con- 7 trary, be construed as not repealing, amending or altering any of the provisions 8 of this Act. 31 Sec. 4. Act a public act.] This Act shall be deemed a public Act, and all 2 courts shall take judicial notice of it' See. 5. Acts in conflict with Tins act not to apply to city of Chicago.] 2 All Acts or parts of Acts in conflict with the provisions of this Act, shall be in- 3 operative within and in regard to the City of Chicago. Sec. 6. Act deemed enacted at time of adoption by votees.J For the pur- 2 pose of determining the relation of this Act to other Acts of the General Assem- 3 bly, it shall be deemed to have been enacted at the time it shall be consented to 4 by the majority of voters of the City of Chicago. Sec. 7. Act not to be affected by invalidity of any pabt.J If any article, 2 section, subdivision, sentence or clause of this Act is for any reason held invalid 3 or to be unconstitutional, such decision or holding shall not affect the validity of 4 the remaining portions of this Act which can be given effect without such invalid 5 part. ARTICLE X. SUBMISSION OF ACT TO LEGAL VOTERS. Sec. 1. Act to be submitted to legal voters.] Before the foregoing pro- 2 visions shall be in force and effect, this Act shall be submitted for adoption, re- 3 spectively, to the legal voters of the City of Chicago and the legal voters of the 4 several towns or townships, parks or park districts, sanitary districts or other 5 local governments and authorities hereby sought to be consolidated, at the next 6 regular election for mayor of the City of Chicago. 7 The ballot to be used at such election in voting upon this Act shall be sub- 8 stantially in the following form : Yes For the adoption of an Act entitled, "An Act to consolidate in the government of the City of Cliicago the powers and functions" vested in local governments and author- ities within the territory of said city and to make pro- Adsions concerning the same. " | No ;i2 9 In case any election precinct of t lie city is or shall be intersected by. the 10 lonndary line of any town or townsliip, park or park district, sanitary district or 11 other local government and authority, sought to be consolidated by this Act, the 12 judges of election shall procure, and the board of election commissioners shall 13 furnish, two or more ballot boxes so as to allow the votes of the legal voters of 14 such town or township, park or park district, sanitary district or other local gov- 15 ernment and authority voting in such precinct, to be received separately from the 16 votes of the legal voters of such precinct residing outside of such town or town- 17 ship, park or park district, sanitary district or other local government and au- 18 thority, and the same shall be received and returned separately, and the board of 19 election commissioners or canvassers (or other proper legal authority) shall duly 20 canvass, certify and report the result of such election in the City of Chicago and 21 in each of the said towns or townships, parks or park districts, sanitary districts, 22 or other local governments and authorities, voting thereon, and such results so 23 canvassed, certified and reported shall be declared, entered and established ac- 24 cording to law. 25 If a majority of such legal voters of the City of Chicago voting thereon and 26 a majority of such legal voters voting thereon of any two or more, severally and 27 respectively, of said towns or townships, parks or park districts, -sanitary dis- 28 tricts, or other local governments and authorities, shall vote for the adoption of 29 this Act, it shall thereby and thereupon be adopted by and b« in force and effect , 30 in the City of Chicago and in such towns or townships, parks or park districts, 31 sanitary districts or. other local governments and authorities thus voting for the 32 adoption of this Act. 33 If this Act shall fail to be adopted, at any time at which it is submitted 34 under the requirements of this section, bj' a majority of such legal voters of the 35 City of Chicago voting thereon and a majority of such legal voters within the 36 jurisdiction of at least two of the respective towns or townships, parks or park 37 districts, sanitary districts or other local governments and authorities, having 38 jurisdiction confined to and within the territory of the City of Chicago, or any 33 39 part thereof, sought to be consolidated by this Act, voting thereon, then it may 40 be resubmitted at any subsequent regular election for mayor of the City of Chi- 41 cago, if such resubmission shall be directed by an ordinance of the city council of 42 the City of Chicago or demanded by a petition signed by such legal voters of the 43 city equal in number to at least five (5) per centum of the legal voters of the City 44 of Chicago voting at the last preceding election for mayor, the procedure for such 45 resubmission to be in all other respects the same as when first submitted. 46 If this Act shall be adopted at any election at which it is submitted under 47 the requirements of thisseetion, by a majority of such legal voters of the City of 48 Chicago voting thereon and a majority of such legal voters, voting thereon, with- 49 in the jurisdiction of at least two, but not all, of the respective towns or town- 50 ships, parks or park districts, sanitary districts or other local governments and 51 authorities having jurisdiction confined to and within the territory of the City of 52 Chicago, or any part thereof, sought to be consolidated by this Act, then it may 53 be resubmitted at any subsequent regular election for mayor of the City of Chi- 54 oago, to such legal voters of the respective towns or townships, parks or park dis- 55 tricts, sanitary districts or other local governments and authorities failing to 56 adopt this Act. Such resubmission may be directed by an ordinance of the city 57 council of the City of Chicago or demanded by a petition signed by such legal 58 voters within the jurisdiction of the respective towns or townships, parks or park 59 districts, sanitary districts or other local governments and authorities failing to 60 adopt this Act, equal in number to at least five (5) per centum of such legal voters 61 within the jurisdiction of said respective towns or townships, parks or park dis- 62 tricts, sanitary districts or other local governments and authorities voting at 63 the last preceding election for mayor of the City of Chicago, the procedure for 64 such resubmission to be in all respects the same as when first submitted. 65 If a majority of such legal voters, voting thereon, of any such town or town- 66 ship, park or park district, sanitary district or other local government and author- 67 ity, shall vote for the adoption of this Act, it shall thereby and thereupon be — S B 141 34 I 68 adopted by and be in force and effect in such town or township, park or park dis- f 69 trict, sanitary district or other local government and authority, thus voting for the 70 adoption of this Act. , 71 If this section, or any subdivision, sentence or clause thereof, is for any { 72 reason held invalid or to be unconstitutional, such decision or holding shall not 73 affect the validity of the remaining portions of this Act or the remaining por- 74 tions of this section which can be given effect without such invalid part. ^'^\- ; -/v-. r^i"^-'' - v^. >^tw ^>^^. IV. rvr