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cess-pools, and provide for the draining of privies and cesspools, and like notices shall be served, so far as may be, and like proceedings had, and like measures taken for collecting the cost and expense, as is hereinbefore in this act provided in the case of repairs of sidewalks.
S 15. The said board of public works are hereby em- Sewerage bonds. powered to issue all bonds now authorized to be issued under the law of this State incorporating a board of sewerage commissioners for the city of Chicago, approved February 14, 1855, and under an act in addition to the same, approved February 14, 1859.
$ 16. For the carrying out of the purposes and objects Borrowing of moof this chapter, the said city shall have power to borrow ney and issue of from time to time, as the board of public works and the common council of said city shall deem expedient, a sum of money not exceeding five hundred thousand dollars, upon the credit of said city of Chicago, and said board shall have power, by and with the approval of the common council, to issue bonds pledging the faith and credit of said city, for the payment of the principal and interest of said bonds; but no bonds shall be issued until the common council shall have approved of such issue, by a vote of a majority of all the aldermen by law authorized to be elected, and all bonds issued by said board, before they shall be binding upon said city, shall be marked approved by the mayor and clerk of said city, under the seal of said "city, and such signature and seal shall be conclusive evidence to the holder of said bonds, of the fact of such approval: Provided, that all sales of sewerage loan bonds, which may be issued by said board, shall be made only by the comptroller of said city, who on making such sales shall deposit the proceeds thereof with the city treasurer to the credit of the sewerage fund, and shall file with the said board a duplicate receipt of the said treasurer for the amount of such deposit: Provided, also, that all funds derived from the sale of the sewerage loan bonds of said board, or otherwise, for the sewerage works of said city, shall be exclusively used and appropriated by said board, to the objects and purposes pertaining to the sewerage of said city, herein specified, nor shall the same or any part thereof, be used by the said board, for any other purpose.
§ 17. It shall be the duty of the said board, at any time Report and estiwhen they shall desire to make an issue of bonds, as herein mates of costs. authorized, to make a report to the common council, setting forth the nature and amount of work proposed to be executed, and the amount which will be required by them for such purposes, within a period to be stated by them in said report, which report shall be accompanied by an estimate of the cost of the things required to be purchased and of the work to be done; and the common council may
thereupon approve the issue of the whole amount of bonds,
Rate of interest on bonds.
called for by such report, or such part thereof as the common council may deem expedient.
§ 18. The said bonds shall bear interest not exceeding seven per cent. per annum, and shall not be sold at a rate which will net to the said board, less than their par value, unless the common council of said city, shall, by a vote of a majority of all the aldermen elected, authorize the comptroller of said city to sell the same at a lower rate, and then only at such rate as shall be fixed by said council: Provided, however, that reasonable commissions to brokers or agents employed in procuring the sale or negotiation of said bonds,
may be paid by said comptroller. Bonds - registry
§ 19. It shall be the duty of said board to keep an accurate register of all bonds and all interest coupons, issued for the construction of said sewerage works, showing the number, date, and amount of each bond and coupon, and to whom issued or sold, and when and where payable, and the particular bonds at any time outstanding.
$ 20. It shall be the duty of the comptroller of the city of Chicago, to keep such a record of all bonds, now or hereafter to be issued for the sewerage of said city, as shall at all times exhibit the number and amount of such bonds outstanding, the rate of interest, and when and where the principal and interest are payable.
§ 21. It shall be the duty of the comptroller of said city bonds, and re- to pay the interest on said sewerage loan bonds, and also
the principal as the bonds shall become due. The said comptroller, when there are funds for that purpose, may with the approval of the said board, purchase any such sewerage loan bonds, whether the same have become due or not; and in case there are not sufficient
funds in the treasury of said city, to meet all of the said bonds, when the same shall become due, the said board shall have the right to issue new bonds, in the same manner as herein before provided, for such amount, and on such time, as the said board and the common council of said city shall deem expedient, in the place of bonds so becoming due as aforesaid ; the said old bonds to be canceled in the registry thereof, and the said new bonds to be recorded in the man
ner herein before provided. Report of yearly
§ 22. It shall be the duty of the board to report to the comptroller, on or before the first day of May in each year, the amount which will be required to be raised for the municipal year next ensuing, to meet the payment of interest to accrue during said year on all the bonds theretofore issued, or which are during said year to be issued, for the
sewerage of the said city. Sinking fund. $ 23. It shall be the duty of the said board further to
report to the comptroller, at the time named in said last section, such amount as they shall, upon calculation, find necessary in order to provide a sinking fund for the liquida
tion of the bonds so issued as aforesaid at the maturity thereof: Provided, that the amount to be raised for such sinking fund shall not exceed two per cent. of the amount of bonds theretofore issued, and which are during said year to be issued for the sewerage of said city.
§ 24. The said board shall at the same time also report salaries and incito the comptroller the sum which will be by them required deset to pay salaries and incidental expenses, and for the cleaning and repairing, and for the proper maintenance of the sewers of said city. The reports required in this and the two preceding sections shall be laid by said comptroller before the common council with his annual estimate.
§ 25. The amount which shall be so reported to the special tax. common council as provided in said last three sections, shall be raised by the said common council by a special tax on the property of the city, to be designated sewerage tax, which shall be collected in like manner with the other taxes of said city; and the amounts so collected shall be paid orer by the collector of said city to the city treasurer, who at the end of each month shall report to the board of public works the amount of the sewerage tax paid over to him during such month.
$ 26. It shall be the duty of the said board to direct the Sinking fund for comptroller of said city to invest the amount heretofore raised or hereafter to be raised to provide a sinking fund for the liquidation of said bonds, and such investment shall be by the purchase of said bonds, or other bonds of the city of Chicago, and in like manner to invest the interest received on such last mentioned bonds, and to invest and re-invest said sinking fund and all proceeds thereof in such manner as to make the same available for the liquidation of the said bonds. All such investments shall be made in the name of the said city, and shall be designated as the sewerage sinking fund, and shall in no case be used or appropriated for any other purpose whatsoever than the liquidation of the said bonds. The annual report of said board shall specify in full the nature and amount of the l'espective securities in which the said sinking fund is invested. The annual report of said board shall state the progress and condition of the sewerage works, shall also show the amount of sewerage loan bonds outstanding, and all debts outstanding on account of the sewerage works, and the amount due from parties to the city for the sewerage works, and shall accurately and clearly exhibit all the expenditures of the said board on account of the same, which financial statement shall be certified by the commissioners of said board under oath.
$ 27. The said board shall have power to authorize the Temporary loan comptroller of said city to raise by temporary loan upon the fore payment of credit of said city of Chicago, with the approval of the common council, such sums of money as may be needed for the
Injury to gewers
payment of the interest on the said bonds, or the outstanding obligations of the said city on account of the sewerage works, and for which there shall be no funds in the hands of the treasurer of the said city; but in all cases such temporary loans shall be provided for out of the first sewerage tax, or other revenues on account of the sewerage works, received into the city treasury
§ 28. All accounts pertaining to the sewerage works of said city shall be kept separate and distinct from the accounts pertaining to other departments of said board; and all moneys deposited with the city treasurer, on account of the sewerage works, shall be by him kept separate and distinct from all other moneys, as the sewerage fund, and shall only be applied for the uses and purposes for which the same were received.
$ 29. If any person shall willfully or maliciously, obstruct, damage or injure any public or private sewer or drain in said city, or willfully injure any of the materials employed, provided or used in said city for the purposes specified in this act, he shall be subject to indictment, and upon conviction thereof shall be punished by fine not exceeding one thousand dollars, or imprisonment not exceeding six months, or both, in the discretion of the court.
§ 30. It shall be the duty of the board to make all necessary rules, regulations and restrictions concerning the public and private sewers or drains of said city and to report to the common conncil the regulations which shall be adopted by them, and the common council shall thereupon pass an ordinance establishing such rules and regulations and providing penalties for their violation, which penalties may be enforced in any court having jurisdiction of any offenses against any of the ordinances of said city.
§ 31. The provisions herein before contained, for the establishment of a sinking fund shall be deemed and taken as a part of the contract with the parties purchasing said bonds, and shall not be repealed or modified so as in any manner to impair the security thereby afforded to the said bond holders.
§ 32. All acts or parts of acts, inconsistent with the provisions of this chapter are hereby repealed.
General rules and regulations.
Publication of nances,
MISCELLANEOUS AND SUPPLEMENTARY.
§ 1. Every ordinance, regulation or by-law, imposing aws and ordi- any penalty, fine, imprisonment, or forfeiture, for a violation
of its provisions, shall, after the passage thereof, be published six times in the corporation newspaper, and proof of such publication by the affidavit of the printer or publisher of said newspaper, taken before any officer authorized to administer oaths, and filed with the city clerk, or any other competent proof of such publication, shall be conelusive evidence of the legal publication and promulgation of such ordinance, or by-law, in all courts and places.
§ 2. All ordinances, regulations and resolutions, now in force in the city of Chicago, and not inconsistent with this act, shall remain in force, under this act, until altered, modified or repealed by the common council, after this act shall take effect.
§ 3. All actions, rights, fines, penalties and forfeitures, in suit or otherwise, which have accrued under the several acts consolidated herein, shall be vested in, and prosecuted by, the corporation hereby created.
§ 4. All property, real, personal or mixed, belonging to City property. the city of Chicago, is hereby vested in the corporation created by this act; and the officers of said corporation now in office, shall respectively continue in the same until superseded in conformity to the provisions hereof; but shall be governed by this act, which shall take effect from and after its passage,
§ 5. This act shall not invalidate any legal act done by the common council of the city of Chicago, or by its officers; nor diveet their successors under this act, of any rights of property or otherwise or liability which may have accrued to, cr been created by, said corporation prior to the passage of this act.
$ 6. No person shall be an incompetent judge, justice, Jarors and witwitness, or juror, by reason of his being an inhabitant or nesses. freeholder in the city of Chicago, in any action or proceeding in which the said city shall be a party in interest.
$ 7. All officers of the city, created conservators of the peace by this act, shall have power to arrest, or cause to be arrested, with or without process, all persons who shall break or threaten to break the peace, and, if necessary, detain such persons in custody over night in the watch-house, or other safe place, and shall have and exercise such other powers as conservators of the peace, as the common council may prescribe.
$8. The cemetery lots which have been or may here. Cemeteries after be laid out and sold by said city for private places of burial, shall, with the appurtenances, forever be exempt from execution and attachment.
$ 9. It shall be lawful for the recorder's court to sentence criminals convicted of offenses committed in the city of Chicago, punishable by imprisonment in the county jail, to imprisonment in the city bridewell, to be there kept at labor.
§ 10. The city of Chicago shall not be liable in any case for the board or jail fees of any person who may be committed by any officer of the city, or by any court or
exempt from tax.