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the council of said city, village or incorporated town to provide by ordinance that the board of local improvements shall consist of the mayor and any two or more of the commissioners, regardless of whether or not said offices of public engineer and superintendent of streets are provided for by ordinance.

APPROVED June 26, 1923.

LOCAL IMPROVEMENTS-BONDS.

1. Amends section 86, Act of 1897.

86. Bonds to anticipate in

stallments of assess

ment.

(HOUSE BILL. No. 452. APPROVED JUNE 27, 1923.)

AN ACT to amend section 86 of "An Act concerning local improvements," approved June 14, 1897, as amended.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

SECTION 1. Section 86 of "An Act concerning local improvements," approved June 14, 1897, as amended, is amended to read as follows:

§ 86. For the purpose of anticipating the collection of the second and succeeding instaliments, provided for in this Act, it shall be lawful for such city, village or town, to issue bonds, payable out of said instalment, bearing interest at a rate not more than six per centum per annum nor less than four per centum per annum payable annually and signed by such omcers as may be by ordinance prescribed; and bonds shall be issued in sums of one hundred dollar, or some multiple thereof, and shall be dated and draw interest from the date of the issuing of the same. Each bond shall state on its face out of which instalment it is payable, and shall state, by number or other designation, the assessment to which such installment belongs. The principal of such bonds shall not exceed, in the aggregate, the amount of such deferred installments and shall be divided into as many series as there are deferred installments. Provided, nothing herein contained shall be construed to prevent the payment of any voucher or bond out of an instaliment having a surplus to its credit, other than the one against which the same is issued. The intent and meaning thereof being that in case from any cause the installment against which such bonu or voucher is drawn has not sufficient money to the credit thereof to pay the same, the entire amount of the assessment or any installment thereof may be applied toward the payment of any such vouchers or bonds issued against the assessment. Each series shall become due at some time in the year in which the corresponding installment will mature, such date to conform, as nearly as may be, to the time when such installment will be actually collected, such time to be estimated and determined by the municipal officers issuing such bonds: Provided, also, that it shall be lawful to provide in the case of any one or more of the bonds in any series, that such bond or bonds shall not become due until some subsequent date, not later than the thirty-first day of December next succeeding the January in which the installment

against which such series is issued shall become due and payable. Such bonds may be in the following form:

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with interest thereon from date hereof, at the rate of ... per centum, payable annually on presentation of the coupons hereto annexed.

Both principal and interest of this bond are payable at the office of the treasurer of said .....

the

No.

... of ...

This bond is issued to anticipate the collection of a part of installment of special assessment levied for the purpose of ...

which said installment bears interest from the

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... day

and this bond and

.A. D. .....

the interest thereon are payable solely out of said installments when

collected.

Dated this

..day of....

Which said bond may have coupons attached to represent the interest to accrue thereon.

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(HOUSE BILL No. 364. FILED JULY 7, 1923.)

AN ACT to amend sections 10, 84 and 94 of an Act concerning local improvements, approved June 14, 1897, and in force July 1, 1897, and amendments thereto.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

SECTION 1. Sections 10, 84 and 94 of an Act concerning local improvements, approved June 14, 1897, and in force July 1, 1897, and amendments thereto, be amended as follows:

§ 10. ESTIMATE OF COST.] Together with the said ordinance and recommendation shall be presented to the city council or board of trustees, except when rendered unnecessary by section 7, as amended of

this Act, an estimate of the cost of such improvement, including the cost of engineering services, as originally contemplated, or as changed, altered or modified at the public hearing, itemized so far as the board of local improvements shall think necessary, over the signature of the engineer of the board, if there be one; if not, then of the president of said board, who shall certify that, in his opinion, the said estimate does not exceed the probable cost of the improvement proposed, and the lawful expenses attending the same: Provided, however, that in cities and villages which shall have adopted or which are organized under an Act entitled, "An Act to amend an Act entitled, 'An Act to provide for the incorporation of cities and villages, approved April 10. 1872, in force July 1, 1872, and all Acts amendatory thereto, by adding thereto Article XIII""; such estimate shall be oyer the signature of the public engineer, if there be one, of such city or village, if not, then over the signature of the mayor of such city or village, who shall certify that in his opinion, the said estimate does not exceed the probable cost of the improvement proposed and the lawful expenses attending the same. The recommendation by said board shall be prima facie evidence presumed to be based upon a full compliance with the requirements of the Act. (As amended by Act approved June 24, 1921. In force July 1, 1921. L. 1921, p. 189.)

§ 84. CREDITING EXCESS UPON ASSESSMENTS-report to Court— NOT APPLY TO PROCEEDINGS UNDER SECTIONS 57 AND 58.] Within thirty (30) days after the final completion and acceptance of the work, as hereinbefore provided, the board of local improvements shall cause the cost thereof, including the cost of engineering services, to be certified in writing to the court in which said assessment was confirmed, together with an amount estimated by the board to be required to pay the accruing interest on bonds or vouchers issued to anticipate collection and thereupon, if the total amount assessed for said improvement upon the public and private property exceeds the costs of the same, all of said excess, excepting the amount required to pay such interest as herein provided for, shall be abated and the judgment reduced proportionately to the public and private property owners and shall be credited pro rata upon the respective assessments for said improvements under the direction of the court, and, in case the assessment is collectible in installments, such reduction shall be made so that all installments shall be equal in amount, except that all fractional amounts shall be added to the first installment so as to leave the remaining installments in the aggregate equal in amount and each a multiple of one hundred dollars ($100). If prior to the entry of the order abating and reducing said assessment the same shall have been certified for collection pursuant to the provisions of section 61 of this Act as herein amended, and any of the installments of such assessments so certified for collection have become due and payable, the reduction and abatement above referred to shall be made pro rata upon the other installments; the intent and meaning hereof being that no property owner shall be required to pay to the collector a greater amount than his proportionate share of the cost of said work and of the interest that may accrue thereon. In every assessment proceeding in which

the assessment shall be divided into installments it shall also be the duty of the board of local improvements to state in said certificate whether or not the said improvement conforms substantially to the requirements of the original ordinance for the construction of the improvement, and to make an application to said court to consider and determine whether or not the facts stated in said certificate are true; and thereupon the court shall, upon such application, fix a time and place for hearing upon the said petition, and shall enter the same of record, such time to be not less than fifteen (15) days after the filing of such certificate and application. Public notice shall be given of the time and place fixed for such hearing by posting and publishing in a newspaper, in the same manner and for the same period as provided in this Act for publishing notice of application for the confirmation of the original assessment, the posting and publication of such notice. to be not less than fifteen (15) days before the day fixed by such order for such hearing. At the time and place fixed by such notice, or at any time thereafter, the court shall proceed to hear said application and any objections which may be filed thereto within the time fixed in such order, and upon such hearing the said crtificate of the board of local improvements shall be prima facie evidence that the matters and things stated are true, but if any part thereof are controverted by objections duly filed upon such petition, the court shall hear and determine the same in a summary manner and shall enter an order according to the fact. Such order of the court shall be conclusive upon all the parties and no appeal therefrom, or writ of error thereto, shall be allowed to review or reverse the same. If upon such hearing the court shall find against the allegations of said certificate, it shall enter an order accordingly, but it shall then be the duty of the said board of local improvements to procure the completion of the said improvement in substantial accordance with the said ordinance, and said board may, from time to time, file additional or supplemental applications or petitions in respect thereto, until the court shall be eventually satisfied that the allegations of such certificates or petitions are true, and that said improvement is constructed in substantial accordance with the said ordinance. If before the entry of such order upon such certificate there shall have been issued to the contractor in the progress of any such work, any bonds to apply upon the contract price thereof, said contractor or the then owner or holder of such bonds, shall be entitled to receive in lieu thereof new bonds of equivalent amount, dated and issued after the entry of such order. Nothing in this section contained shall be construed to apply or shall apply to any proceedings under sections 57 and 58 of this Act or either of them, for the confirmation of new assessments, levied to pay for the cost of work already done. (As amended by Act approved June 27, 1913. In force July 1, 1913. L. 1913, p. 165.)

§ 94. EXPENSES, COSTS, ETC.-HOW TO BE PAID.] The costs and expenses of maintaining the board of local improvements herein. authorized, of paying salaries of the members of said board, and the expense of making and levying special assessment or special taxes and of letting and executing contracts; and also the entire cost and ex

pense attending the making and return of the assessment rolls and the necessary estimates, examinations, advertisements, etc., connected with the proceedings herein provided for, including the court costs, including the fees to commissioners in condemnation proceedings, which are to be taxed as above provided, shall be paid by the city, village or town out of its general fund: Provided, however, that in cities, towns or villages of this State having a population of less than one hundred thousand by the last preceding census of the United States, or of this State, the city, village or town, as the case may be, may in and by the ordinance providing for the assessment prescribed, provide that a certain sum, not to exceed 6 per centum of the amount of such assessment, shall be applied toward the payment of the aforesaid and other costs of making and collecting such assessment.

The limitation in the foregoing proviso shall not apply to the costs of engineering and inspection connected with any local improvement, but such costs in cities having a population of less than 100,000 as aforesaid, may be included in the cost of the improvement to be defrayed by special assessment or special tax.

Provided, further, that in cities, towns or villages of this State having a population of one hundred thousand or more inhabitants by the last preceding census of the United States, or of this State, the city, village or town, as the case may be, may in and by the ordinance providing for the assessment prescribed, provide that a certain sum not to exceed 5 per centum of the amount of such assessment, as finally determined after the completion of the improvement in accordance with section 84 of this Act, shall be applied (but only by way of reimbursement of the general corporate fund as hereinafter in this section provided) toward the payment of the cost of making, levying and collecting such special assessment or special tax, and of letting and executing contracts, advertising, clerical hire, engineering and inspection, court costs and fees of commissioners in condemnation proceedings incurred in such proceedings and deficiency in interest in the matter of such special assessment or special tax. If the part of the assessment levied on account of the expenses specified in this paragraph shall exceed 5 per centum of the entire assessment as finally determined in accordance with said section 84, but shall not exceed 5 per centum of the assessment as originally levied, and filed in court, such excess shall not constitute any objection to a judgment of confirmation of the assessment, but no larger sum on account of the expenses specified in this paragraph than 5 per centum of the assessment as finally determined in accordance with said section 84, shall be deemed or treated as a part of the cost of the improvement to be certified by the board of local improvements in accordance with said section 84, and if the part of the assessment originally levied on account of the expenses specified in this paragraph shall exceed 5 per centum of the entire assessment as finally determined in accordance with said section, any such excess shall be deemed a part of the excess to be abated in accordance with the provisions of said section 84.

Provided, further, that such deficiency in interest, if any, shall be first paid out of the fund so created by such 5 per centum so added

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