made and the report thereof filed in the court having jurisdiction thereof, in and by which assessment the amount assessed against the city, town or village as public benefits, shall exceed one per centum of the total amount of taxable property in such city, town or village as shown by the last preceding assessment for State and county taxes, the city council of such city, and the board of trustees of such town or village shall have power to levy in addition to the taxes now authorized by law, a direct annual tax for not exceeding thirty (30) successive years, and not exceeding one cent on the dollar of all taxable property in such city, town or village, the same to be levied and collected with, and in like manner as the general taxes of said city, town or village, and be known as "The Water Works Tax," or "Bridge Tax," as the case may be, and the fund arising therefrom shall be known as the "Water Works Fund" or "Bridge Fund" as the case may be; which funds shall be used solely for the purpose of paying such assessments for public benefits: Provided, however, that the proposition to levy such tax shall first be submitted to the voters of such city, town or village at a general or special election to be called by an ordinance duly passed by the city council of such city, or the board of trustees of such town or village, in and by which, the proposition or propositions to be submitted shall be defined, the time of holding of such election shall be fixed and the form of the notice to be given shall be prescribed. Such notice shall be given by posting a copy thereof in each of ten or more public places, in such city, town or village, and by publishing the same once in each week for three successive weeks in one or more newspapers published in such city, town or village, the first publication of which notice and the posting of said notice shall be at least twenty days before the day on which said election is to be held, and in case no newspaper shall be published in such city, town or village, then by the publication thereof in the nearest newspaper thereto, and by posting at least five notices in each ward thereof for the length of time aforesaid. At such election official ballots shall be used and the judges and the clerks thereof shall be appointed in the same manner and the number and location of the polling places shall be the same as at the general elections for the election of officers in such city, town or village, and such elections shall in all other respects be conducted and the returns thereof made in the same manner as in case of such general elections. If more than two-thirds of the votes cast upon the proposition or propositions submitted at such election shall be in favor of the same, the tax so authorized shall be levied according to the specifications contained in such ordinance, but no more than three mills upon the dollar shall be levied for the purpose of paying the assessment for the construction of any bridge or viaduct, and no more than ten mills on the dollar for the construction of any such water works system. § 61a. Whenever any warrant shall be issued by the clerk of the court in which the judgment of confirmation is rendered, for the collection of any special assessment to which this amendatory Act relates, such warrant shall not authorize the collection of any assessment levied against the city, town or village for and on account of public benefits, but said clerk shall likewise certify the assessment roll and judgment to the clerk or comptroller, if any, of such city, town or village upon being requested so to do by such clerk. The several and respective installments of the amounts that may be assessed against the city, town or village for and on account of public benefits and confirmed by the court, shall be paid out by the treasurer of the city, town or village from and out of any moneys arising from the collection of the direct annual tax provided for in and by section 33a of this amendatory Act and out of any other moneys in his hands that may be used for that purpose whenever he shall be legally authorized so to do, by an ordinance of said city, town or village. Any such city, town or village may pay for any land to be taken or damaged in the making of any local improvement to which this amendatory Act relates, before any such assessment or any installment thereof shall become due, and when the same becomes due, the amount so paid shall be credited upon the assessment against the city, town or village so paying in advance. § 77a. Whenever any contract shall have been awarded to any bidder for the construction of any water works system, bridge or viaduct referred to in this amendatory Act, the bid of the party to whom the contract shall have been awarded and the award therefor shall be treated as provisional and shall not be binding upon the party to whom the same is awarded, or upon the city, town or village, until the levying of the tax herein provided for shall have been authorized by the voters of such city, town or village voting at an election to be held as herein provided. § 89a. When any city, town or village shall have provided by ordinance for the construction of a water works system, any portion of the cost of which is to be paid by special assessment and a direct annual tax shall have been authorized by a vote of the people as provided in this amendatory Act, then in order to secure the payment of the cost of such construction, the contractor and holders of the bonds that may be issued in payment of such costs, in the manner provided in the Act hereby amended, shall have a lien upon such water works system and upon the income to be derived from the operation of the same, to secure the payment of the amounts due them respectively, such lien to be to the fullest extent that such city, town or village may be authorized by law to create. Such city, town or village shall, upon the request in writing of the contractor for the construction of such water works, or the holder or holders of a majority in amount of the said bonds, convey by a deed of trust in the nature of a mortgage the water works system so to be constructed, and all the property, both real and personal, pertaining thereto, such deed of trust to secure the payment of such assessment for public benefits or such bonds as the contractor or holder of such bonds may elect, the trustee in such deed of trust to be selected by the contractor or the holder or holders of such majority of such bonds. § 89b. The entire proceeds arising from the operation of such water works system shall be paid into the treasury of said city, town or village and be kept in a separate fund to be known as the "Water Works Fund," and after the payment therefrom of the necessary running and operating expenses of such water works system, the balance shall from time to time be credited by said treasurer upon the assessment levied against such city, town or village for public benefits and the respective installments thereof; and shall be applied toward the payment of the cost of such water works system in the manner provided by said Act as amended; and until the said bonds so issued to pay the cost of the construction of such water works system, and the interest thereon shall have been fully paid, the treasurer of such city, town or village shall not pay any warrants drawn on said "Water Works Fund" for any other purpose except for the payment of the necessary operating expenses of such water works system. In case such water works system shall be used and operated to supply water for any existing distributing system, then the entire proceeds derived from the operation of such water works system and such distributing system so supplied with water shall be apportioned and divided in proportion to the original cost of such distributing system, and the cost of said water works system herein provided for. Such cost to be ascertained and determined by the clerk of such city, town or village. The portion of such income that shall be so found or determined to be on account of or arise from the operation of such water works system shall be paid to said treasurer and placed in said "Water Works Fund" and used only in the manner aforesaid. §2. This amendatory Act shall not apply to any city, town or village having a population of more than one hundred thousand inhabitants. APPROVED May 25, 1907. POLICE MAGISTRATES-ELECTION. § 1. Amends section 1, Act of 1875. § 1. Changes time of election of police magistrates in certain municipalities. (HOUSE BILL No. 633. APPROVED MAY 24, 1907.) AN ACT to amend section one (1) of an Act entitled, "An Act to authorize the election of police magistrates in towns, cities and villages where the same are not now provided for by law," approved and in force April 13, 1875. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section one (1) of an Act entitled, "An Act to authorize the election of police magistrates in towns, cities and villages where the same are not now provided for by law," approved and in force April 13, 1875, be amended to read as follows: Sec. 1. That all towns, cities and villages in the State which have been incorporated under charters granted by special acts, or under a general act, when the law under which they are incorporated does not authorize the election of a police magistrate, be and they are hereby authorized to elect one police magistrate at the first annual election of town, city or village officers that shall occur after the passage of this Act, and quadrennially thereafter. Such police magistrates shall hold their offices for the same term, be commissioned and qualified, and have the same jurisdiction and fees, as police magistrates of villages have under the general law for the incorporation of cities and villages: Provided, that in all cities, towns and villages in this State where a police magistrate is now elected at a time when no regular city election is held for other city officers, the police magistrate elected at the last election shall hold his office until the next regular election of city officers, which shall occur after the expiration of the present term for which such police magistrate has been elected, and such cities be, and they are hereby authorized to elect one police magistrate at the first regular election for city officers which shall occur after the expiration of the term of office for which the magistrate now holding office is elected, and every four years thereafter. (HOUSE BILL No. 189. APPROVED APRIL 19, 1907.) AN ACT to amend section three (3) of an Act entitled, "An Act to provide for the setting apart, formation and disbursement of a police pension fund in cities, villages and incorporated towns," approved April 29, 1887, in force July 1, 1887, as amended by an Act approved April 24, 1899, in force July 1, 1899, as amended by an Act approved May 11, 1901, in force July 1, 1901, as amended by an Act approved and in force May 16, 1903. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section three (3) of an Act entitled, "An Act to provide for the setting apart, formation and disbursement of a police pension fund in cities, villages and incorporated towns," approved April 29, 1887, in force July 1, 1887, as amended by an Act approved April 24, 1899, in force July 1, 1899, as amended by an Act approved May 11, 1901, in force July 1, 1901, as amended by an Act approved and in force May 16, 1903, be amended so as to read as follows: § 3. Whenever any person, at the time of the taking effect of said Act, to which this is an amendment, or thereafter, shall be duly appointed and sworn and have served for a period of twenty years or more upon the regularly constituted police force of such city, village or town of this State, subject to the provisions of this Act, or where the combined years of service of any person upon the police force and fire department, as aforesaid, of such city, village or town, shall aggregate twenty years or more, said board shall order and direct that such person, after becoming fifty years of age and his service on such police force shall have ceased, shall be paid a yearly pension equal to one-half the amount of salary attached to the rank which he may have held on said police force for one vear immediately prior to the time of such re tirement: Provided, however, the maximum of said pension shall not exceed the sum of $900.00, and the minimum be not less than $600.00 per annum; and after the death of such person pensioned by virtue of the above section of the Act to which this is an amendment, or any Acts amendatory thereof, the widow or child or children under sixteen years of age of any such pensioner who died prior to the taking effect of this amendment, shall hereafter be paid the pension herein provided for such husband or father: But nothing herein contained shall warrant the payment of any annuity to any such widow after she shall have remarried: And, provided, further, that all police officers retired after twenty years' service on the police force of such city, village or town (or where the combined years of service of such officer upon the police and fire department shall aggregate twenty years or more) above the age of fifty years, now receiving a pension, shall receive the same pension now allowed them, and that the widow or child or children under sixteen years of age of any deceased pensioner, pensioned as aforesaid, shall receive the same pension heretofore received by such deceased husband or father: Provided, that in no case shall said pension exceed the sum of $900.00 per annum. § 2. WHEREAS, An emergency exists for the immediate taking effect of this Act, therefore it shall be in force from and after its passage. APPROVED April 19, 1907. $ 1. SIDEWALKS-NEW ORDINANCES. $ 8. When tax is set aside new ordinance may be passed. (SENATE BILL No. 360. APPROVED MAY 25, 1907.) AN ACT to amend section 8 of an Act entitled, "An Act to provide additional means for the construction of sidewalks in cities, towns and villages," approved April 15, 1875, in force July 1, 1875, as amended by Act filed May 18, 1905, in force May 18, 1905. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section 8 of an Act entitled, "An Act to provide additional means for the construction of sidewalks in cities, towns and villages," approved April 15, 1875, as amended by an Act filed May 18, 1905, in force May 18, 1905, be amended so as to read as follows: § 8. If any special tax for the construction of a sidewalk shall have been [made] prior to the taking effect of this amendment or shall hereafter be annulled by the city council or board of trustees or set aside by any court, a new ordinance may be passed and a new tax may be made and returned and the proceedings therefor shall be the same as in the first instance, and all parties in interest shall have like rights and like powers in relation to any subsequent tax as are hereby given in relation to the first tax. No special tax shall be held void because levied for work already done under a prior ordinance, if it shall appear that such work |