101. CONSENT OF SUPERVISOR AND ASSESSOR REQUIRED.] § 3. Before it shall be lawful for any board of commissioners of such park to proceed, herein before specified to enlarge a park or to make or to cause to be made, an asssessment for the purpose of making compensation for the lands and riparian rights, the consent of the supervisor and assessor of the town in which such park or any part thereof may be located, and in which it is proposed to make said improvement shall be procured by them, and for that purpose the supervisor and assessor are hereby declared to be corporate authorities of said town.

SPECIAL TAX FOR PARKS AND BOULEVARDS.

AN ACT to authorize corporate authorities having jurisdiction and control of parks and boulevards to levy a special tax upon contiguous property abutting on boulevards and pleasure ways. for the maintenance and repair thereof. [Approved June 17, 1895. In force July 1, 1893. L. 1893. p. 162; Legal News Ed., p 109.] NOTE-The Supreme Court having decided this act unconstitutional and void in Crane v. West Chicago Park Cʊmmissioners, 153 Ill. 348, it is omitted from this edition-EDITOR.

COMMISSIONERS TO GOVERN PARKS AND BOULEVARDS.

AN ACT to enable park commissioners to maintain and govern parks and boulevards under their control. [Approved June 17, 1893. In force July 1, 1893. L. 1893, p. 161; Legal News Ed., p. 110.]

102. RATE OF TAXATION FOR PARK AND BOULEVARD PURPOSES.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in any town which is now included within the limits of any city in this State, in which a board of park commissioners shall now exist, having authority by law to acquire land and the appurtenances in trust for the inhabitants of such town, and of the division or part of such town aud for such parties or persons as may succeed to the rights of such inhabitants, and for the public, as public promenades and pleasure grounds and ways, and for not other use or purpose, without the consent of a majority by frontage of the owners of the property fronting the same, and without the power to sell, alienate, mortgage or incumber the same, the corporate authorities of any such town, authorized by law to assess taxes for park purposes, shall, upon the receipt of a certificate in writing, from any such board of park commissioners, on or before the first day of August in each year, levy and assess, in addition to all other taxes now authorized by law to be levied and assessed for the purpose of governing and maintaining any such parks and boulevards, one mill on each dollar of taxable prop erty in said town and within the park district, subject to taxation for park and boulevard purposes, according to the valuation of the same, as made for the purpose of State and county taxation; and such additional one mill on the dollar of the taxable property in said town and park district shall be used and expended by such board of park commissioners in governing and maintaining any parks, boulevards or pleasure ways under the jurisdiction, management and control of any such board of park commissioners, and for paying any other necessary and incidental expenses incurred in and about the management of any such parks and boulevards, and such additional one mill shall, by the officer authorized by law to assess and collect taxes for park purposes, be collected and paid over the same as other park taxes are now required by law to be collected and paid over.

ASSESSMENT AND COLLECTION OF GENERAL TAX FOR PARKS AND BOULEVARDS.

AN ACT to provide for the assessment and collection of a general tax by cities for parks and boulevard purposes. [Approved and in force June 17, 1893. L. 1893, p. 77; Legal News Ed., p. 111.]

103. SPECIAL FUND BY TAXATION FOR PARK AND BOULEVARD PURPOSES.] § 1. That the city council in cities having a population of not less than five thousand nor more than one hundred thousand inhabitants to be ascertained by the last United States census, whether incorporated under the general law or special charter, shall have the power, by ordinance, to provide annually by taxation a special fund not to exceed thirty (30) cents on each one hundred dollars valuation of the taxable property within the corporate limits of said cities, to be assessed and collected in the same manner as the other general taxes for said cities are assessed and collected, to be used only for the purpose of purchasing land for parks and boulevards in and

Provided,

around such cities, and for opening, improving and maintaining the same: that the said annual park and boulevard tax shall not be included in the aggregate amount of taxes as limited by section one (1) of article eight (8) of "An act for the incorporation of cities and villages," approved April 10, 1872, and the amendatory acts thereto, or by any provision of any special charter under which any city in this State is now organized. [As amended by Act approved and in force January 31, 1895; L. 1895, p. 282; Legal News Ed., p. 188.]

104. TAX TO BE PAID TO ASSOCIATIONS.] 82. The funds so provided may be used for the purchase of land for such purpose within the corporate limits or in adjoining townships, and in such cities where boulevard and park associations have been or may hereafter be incorporated under the general law and are now in operation doing the work provided for under this act the proceeds of such tax may be placed in the hands of such association for such purposes.

105. NOT ALLOWED TO LEVY UNTIL SUBMITTED TO VOTERS-NOTICE.] §3. Nothing in this act contained shall authorize any city to levy or collect any tax herein provided for until the question of such levy shall have been submitted to the legal voters of such city at a general or special election and authorized by a majority of the votes cast at such election, and at least one week's public notice that such question will be so submitted at such election shall be previously given by the mayor of such city, by publishing such notice in one or more of the newspapers of such city.

WHEREAS, An emergency exists, therefore, this act shall take effect and be in force from and after its passage. [As amended by Act approved and in force January 31, 1895; L. 1895, p. 282; Legal News Ed., p. 189.]

106. EMERGENCY.] 84. Whereas, an emergency exists, therefore, this act shall take effect and be in force from and after its passage.

FOR THE CREATION OF PLEASURE DRIVEWAY AND PARK DISTRICTS. AN ACT to provide for the creation of pleasure driveway and park districts. [Approved June 19, 1893. In force July 1, 1893. L. 1893, p. 153; Legal News Ed., p. 111.j

107. PLEASURE DRIVEWAYS AND PARKS—PETITION.] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever any area of contiguous territory, containing within its boundaries two or more incorporated cities, towns or villages, and lying wholly within the same or adjoining townships, for the purpose of connecting such incorporated cities, towns or villages with pleasure drives, boulevards and parks, and for the purpose of building, maintaining and caring for such pleasure drives, boulevards and parks, the same may be incorporated as a pleasure driveway and park district, under this act, in the manner following, to-wit:

Any one hundred (100) of legal voters, resident within the limits of such proposed pleasure driveway and park district may petition the county judge of the county or counties in which they reside to cause the question to be submitted to the legal voters of such proposed district, whether they will organize as a pleasure driveway or park district under this act. Such petition shall be addressed to the county judge of the county in which such territory is situated, and shall contain a definite and clear description of the territory intended to be embraced in such district, and the name of such proposed pleasure driveway and park district.

Upon the filing of such petition in the office of the county clerk of the county in which such territory is situated, it shall be the duty of the county judge to order an election to be held in said proposed district, and in ordering such election the county judge shall proceed in the same manner as is provided in the act governing the organization of cities and villages in unincorporated territory: Provided, that when such proposed district shall lie partly within two different and adjoining counties, a copy of such petition shall be filed in the office of the clerk of the county court of each of said counties, and said petition shall particularly describe the territory lying within each of said counties, and shall state the date upon which said election is desired to be held by the petitioners, and the county judges of the different counties to whom said petition is presented shall order the election to be held upon the day so named in said petition; and the votes cast within that portion of the territory lying in each of said counties shall be returned to the county judge of the county in which such territory lies and the same proceedings shall be had as is required of the county judge in the organization of cities, towns and villages in unincorporated territory:

Provided further, that unless a majority of the votes cast in territory lying in each of said counties shall be in favor of the incorporation of said pleasure driveway district, the same shall not be incorporated, and the county judge of each of said counties shall cause a statement of the result of such election, held in that portion of the territory lying within his county to be spread upon the records of the county court, and shall also cause to be transmitted to the clerk of the county court of the other county in which a part of said proposed district shall lie a copy of such record, which copy, when so received, shall be spread upon the records of the county court receiving the same as the return of the vote cast in said county; and if the majority of the votes cast in each part of said district where the same lies partly within two different counties, or the majority of the votes cast in said proposed district where the same lies wholly within one county shall be in favor of the proposed pleasure driveway and park district, such proposed district shall thenceforth be deemed an organized pleasure driveway and park district under this act.

108. ELECTION OF OFFICERS-NOTICE OF ELECTION.] § 2. All courts in this State shall take judicial notice of all pleasure driveway and park districts organized under this act. Upon the organization of any pleasure driveway and park district under this act the county judge shall call an election to elect officers, and cause notice thereof to be posted or published, and perform all acts in reference to such election in like manner as nearly as may be, as he is required to perform in reference to the elec tion of officers in newly organized cities or villages under the provision of an act entitled "An act to provide for the incorporation of cities and villages," approved April 10, 1872, and the amendments thereto: Provided, that when any such pleasure driveway and park district so organized shall lie partly in two adjoining counties the election shail be ordered and conducted by the county judge of each of the counties in which such district shall lie as to that part of the district so lying within each of said counties, and a copy of the record of the proceedings of each of said county courts shall be transmitted and entered of record in the county court of each of said counties in which any portion of said district shall lie, and the voters in any such district shall vote at such election at the voting place or places designated by the county court in that part of the district lying within the county in which they reside, and all legal voters residing within any such pleasure driveway and park district shall have the right to cast at such election one vote for each of as many persons as there are officers to be elected.

109. OFFICERS.] § 3. In each pleasure driveway and park district organized under this act, there shall be elected a president and six (6) trustees who shall be legal voters and reside within said district, who shall hold their office for the term of two years from the date of said election and until their successors are elected and qualified: Provided, that at the first election of trustees held in any district organized under this act, three of the trustees shall be elected for the term of one year only, when three new trustees shall be elected to succeed the three whose term of office shall then expire, and the three so elected shall hold their office for two years and until their successors are elected and qualified, and at the first election held for trustees in any district organized under this act, the voters shall designate on their ballot three persons as trustees for one year and three persons as trustees for two years, and the president and such trustees when so elected shall meet at some convenient place within said district within two weeks after said election, and organize by electing a secretary and a treasurer; the term of office of both the secretary and the treasurer shall not be longer than one year and they shall each give such bond and perform such duties as shail be required of them by said board of trustees, and such pleasure driveway and park district shall, from the time of the first election held by it under this act be construed in lawandequity a body corporate and politic, by the name and style of the pleasure driveway and park district ofand by such name and style may sue and be sued, contract and be contracted with, acquire and hold real estate and personal property necessary for all corporate purposes and adopt a common seal and alter the same at pleasure.

110. DUTIES AND POWERS.] § 4. The president and trustees elected in pursuance of the foregoing provisions of this act, shall constitute a board of trustees for the district by which they are elected, which president and board of trustees is hereby de-. clared to be the corporate authority of such pleasure driveway and park district, and shall exercise all the powers and manage and control all the officers and property of

such district and may, in addition to the officers above mentioned emplov a chief engineer and attorney for such municipality who shall hold their respective offices during the pleasure of the board, and shall give such bond as may be required by said board, and said board may, by ordinance or resolution, prescribe the duties and fix the compensation of all officers and employes of said pleasure driveway and park district: Provided, however, that the said board of trustees or the president thereof shall receive no compensation as such, and said president and board of trustees shall have full power to pass all necessary ordinances, rules and regulations for the proper management and conduct of the business of said board of trustees and of said corporation, and for carrying into effect the objects for which such pleasure driveway and park district is formed. 111. BOOKS OF RECORD AND ORDINANCES.] § 5. Said president and board of trustees shall cause to be kept a regular book of records of all ordinances or other proceedings of said board, which book of records and ordinances shall be open to the inspection of any person residing in said district at all reasonable and proper times.

12. ORDINANCES TO BE POSTED.] § 6. All ordinances making any appropriations shail within ten days after their passage be published by posting a copy thereof in at least five of the most public places in said district, and no such ordinance shall take effect until ten days after it is so published, and all other ordinances, orders and resolutions shall take effect from and after their passage unless otherwise provided herein. All ordinances, orders and resolutions and the date of the publication thereof may be proved by the certificate of the secretary of said board under the seal of the corporation, and when printed in book or pamphlet form and purporting to be published by the board of trustees, such book or pamphlet shall be received as evidence of the passage and legal publication of such ordinances, orders and resolutions as of the dates mentioned in such book or pamphlet in all courts or places without further proof.

113. POWER OF BOARD OF TRUSTEES.] § 7. The board of trustees of any pleasure driveway and park district organized under this act shall have power within the jurisdiction of such pleasure driveway and park districts to designate by ordinance the whole or any part of two or more streets, roads, avenues, boulevards or highways under the jurisdiction of any city, town or village, within the boundaries of said district, as a public driveway, to be used for pleasure driving only, and to improve or maintain the same; and also to lay out, establish, open, alter, widen, extend, grade, pave or otherwise improve and maintain such streets, roads, avenues, boulevards or highways, and designate the same as pleasure driveways, to be used for pleasure driving only. The corporate authorities of such pleasure driveway and park districts may, by ordinance, regulate, restrain, and control the speed of travel upon the same, and in all things may regulate, restrain and control the use of said pleasure driveway and parks by the public or individuals, and may exclude therefrom funeral processions, hearses and traffic teams and vehicles, so as to free the same from any and all business traffic or objectionable travel, and may prescribe by ordinance such fines and penalties for the violation thereof as cities and villages are allowed by law to prescribe for the violation of ordinances: Provided, that any and all roads, highways, avenues, pleasure driveways, boulevards and parks lying wholly or in part within the corporate limits of any city, town or village situated within any pleasure driveway and park district organized under this act shall first, from and after the organization of such district by ordinance of the corporate authorities of such city, town or village, be turned over and placed under the control of the board of trustees of any such pleasure driveway and park district, and accepted by ordinance by such district.

Power is also hereby conferred upon any pleasure driveway and park district organized under this act, to lay out, extend, maintain and improve pleasure driveways and boulevards under the provisions of article 9 of an act to provide for the incorporation of cities and villages, approved April 10th, 1872, and in force July 1st, 1872, and all amendments thereto so far as the same may apply. The same provisions shall apply to the collections of the assessments by installments, and for the issuing of bonds, and vouchers therefor as are provided in cases of special assessments of cities and villages in article 9 aforesaid, and amendments thereto, and also an act of the General Assembly entitled "An act to authorize the division of special assessments in cities, towns and villages into installments, and authorizing the issue of bonds to anticipate the collection of the deferred installments," approved June 17th, 1893, and in force July 1st, 1893. [As amended by Act approved June 17, 1895. In force July 1, 1895; L. 1895, p. 267; Legal News Ed., p. 189. See Ch. 24, § 604.

114. MAY ACQUIRE LANDS BY GİFT, GRANT, DEVISE OR PURCHASE.] § 8. Such pleasure driveway and park district created under this act, shall have power to acquire, by gift, grant, devise or purchase, or by condemnation under the act of eminent domain, any or all grounds or land necessary for building, laying out and maintaining any such pleasure driveways, boulevards and parks as such board of trustees may deem proper and shall also have the power to raise money by general taxation for the purpose of acquiring the right of way for laying out, building and maintaining any such driveways, boulevards and perks, and may, by general taxation, raise sufficient money

to pay ail necessary expenses incurred by said board for engineer and attorney services, and for the purpose of keeping in repair, and paying policeraen, or other persons necessarily employed to guard, protect and maintain any such pleasure driveways, boulevards and parks within said district; and power is also hereby conferred upon said pleasure driveway and park district to borrow money on the credit of the district and issue bonds therefor in such amounts and on such conditions as it shall prescribe for the payment of land condemned or purchased for parks, boulevards, and pleasure driveways, for the building, maintaining and improving the same, and for the payment of expenses incident thereto; but said district shall not, unless authorized by a vote of the electors of such districts, as hereinafter provided, become indebted in any manner, nor for any purpose, to any amount including existing indebtedness, in the aggregate to exceed two and one-half (23) per centum of the value of taxable property therein, to be ascertained by the equalized assessment for State and county taxes for the year 1894, but the said board of trustees may at any annual election in said district at which members of said board are voted for, also submit to the electors of said district the question of incurring a larger amount of indebtedness and issuing bonds therefor; and in that case the amount of indebtedness to be incurred and the bonds to be issued shall be plainly printed on the baliots, and the ballots prepared for the voters at any election upon the question of such increase of indebtedness or hond issue shali conform to the requirements of law for submitting amendments to the constitution. If a majority of the electors voting at such election shall vote for the incurring of such increase of indebtedness or bond issue the same shall thereby be fully authorized; but such further increase of indebtedness or the issuing of bonds shall in no case exceed, including existing indebtedness, the sum of five (5) per centum on the value of taxable property therein, to be ascertained by the last equalized assessment for State and county taxes previous to the borrowing of such money and issuing such bonds; and before or at the time of issuing such bonds, said board shall provide for the collection of an annual tax, sufficient to pay the interest on such bonds as it falls due, and also to pay and discharge the principal thereof within twenty (20) years from the date of issuing of such bonds.

All general taxes proposed by said board of trustees to be levied upon the taxable property within said district shall be levied at the same time and in the same manner as. taxes are now levied for city and village purposes under the laws of this State; Provided, the aggregate amount of taxes levied for any one year, exclusive of the amount levied for the payment of the interest on the bonded indebtedness shall not exceed the rate of six (6) mills per centum upon the aggregate valuation of property within such district subject to taxation therein as the same was equalized for State and county taxes for the previous year. All moneys when collected under any of the provisions of this act shall be paid to the treasurer of said board of trustees for said district. [As amended by Act approved June 17, 1895. In force July 1, 1895; L. 1895, p. 268; Legal News Ed., p. 191.]

115. VACANCY IN OFFICE-HOW FILLED.] 9. Whenever any person holding the office of president or trustee of any district, formed under the provisions of this act, shall from any cause, either by removal from said district or otherwise cease to be a legal voter within said district, his office shall be declared vacant and the vacancy filled by appointment of some person qualified to hold such office, and whenever any person, so elected president or trustee, shall refuse to act as such president or trustee as the case may be, or shall neglect to attend the duties of his office for such time as shall be fixed by ordinance, said office may be declared vacant and the vacancy filled by appointment as above provided, and any person appointed to any such office shall hold his office until the next regular election of trustees, when a qualified person shall be elected to fill out such unexpired term of office.