Hollinger Corp.
pH 8.5

\

| oy ; le?
public Pts aut

SU. AN ACF

IN REGARD TO THE

COMPLETION, [MPROVEMENT AND MANAGEMENT

OF

ouleyarils

AND TO PROVIDE

A MORE EFFICIENT REMEDY FOR THE COLLECTION OF

DELINQUENT ASSESSMENTS.

APPROVED MAY 2, 1878.

CHICAGO:
KNIGHT & LEONARD, LETTER-PRESS PRINTERS.
1873.

BeN ARC

IN REGARD TO THE COMPLETION, IMPROVEMENT AND MANAGE-
MENT OF PUBLIC PARKS AND BOULEVARDS, AND TO PRO.-
VIDE A MORE EFFICIENT REMEDY FOR THE COL-
LECTION OF DELINQUENT ASSESSMENTS.

Section 1. Le it enacted by the People of the State of [linois,
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 inhabit-
ants of such town, and of a division or part of such city, and for
such parties or persons as may succeed to the rights of such inhab-
itants and for the public as public promenade and_pleasure-grounds
and ways, but not for any 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
encumber the same, the corporate authorities of such town shall
have the power to levy and collect annually a tax not exceeding
three mills on the dollar of the taxable property in such town,
according to the valuation of the same as made for the purposes of
state and county taxation, to be used and expended by such park
commissioners in governing, maintaining and improving such parks
and boulevards or pleasure-ways, and paying other necessary and
incidental expenses incurred in and about the management of such
parks and boulevards.

' Seorion 2. Such board of park commissioners shall annually, on
or before the first day of August in each year, transmit to the cor-
porate authorities of such town an estimate in writing of the rate or
percentage of tax necessary to raise money suflicient to pay the cost
of governing, maintaining and improving such parks and boulevards,

4

and the other necessary and incidental expenses to be incurred in
and about the management of such parks and boulevards during the
next succeeding year: and the corporate authorities of such town, if
they or a majority of them decide to levy such tax, shall immediately
certify to the county clerk of: the county in which such town shall
be located the rate of percentage of tax by them levied for the pur-
poses herein provided ; and it shall be and is hereby made the duty
of the county clerk to whom such estimate shall be furnished, to set
down in the general tax warrant of the year for the collection of
state and county taxes, in a separate column, to be styled a * Park
Tax,” a tax in amount equal to the sum resulting from the rate or
percentage so levied by said town officers upon the real and personal
property within such town, according to the assessment-roll as
returned for the purposes of state and county taxation next preced-
ing the estimate herein authorized, and shall set down in each
column the amount of tax chargeable to the several persons, corpo-
rations, lots or parcels of land lable for taxes in such town according
to such rate or percentage, and the collector shall proceed to collect
the same in such manner as is now or may hereafter be provided by
law for the collection of state and county taxes, and provisions of
law in respect to collection of state and county taxes, and proceed-
ings to enforce the same, which are now in force, or which may be
hereafter enacted, so far as applicable, shall apply to said taxes; and
as fast as such tax shall be collected by the collector, or other officer
receiving the same, it shall be paid over to such board of park com-
missioners, on the joint receipt of the president and treasurer of
such commissioners, or such other officer of such board of commis-
sioners as they may appoint to receive the same.

Srorion 3. In case such board of park commissioners shall desire
to improve any boulevard or pleasure-way under their control, or any
part thereof, or if such commissioners shall deem it necessary for
drainage purposes to construct a sewer or sewers through any lands
or streets not under their control, to connect with any natural or
artificial outlet, they shall make plans and specifications for such
contemplated improvement ; in case such contemplated improvement
is the construction of a sewer, they shall carefully designate the line
thereof, and shall prepare estimates of the cost of such contemplated
improvement, and transmit such plans, specifications and estimates

he

to the corporate authorities of the town where such improvement
will be situated. Such corporate authorities may, upon the receipt
of such plans, specifications and estimates, at their next meeting,
whether the same be a regular or special meeting, or at any suc-
ceeding meeting, or at a special meeting called for that purpose,
determine by ordinance, to be entered upon the records of such
town, whether such improvement shall be made or not. If they
shall determine to make the same, they shall also prescribe that the
same shall be made by special assessment or special taxation of con-
tiguous property.

Provided, That the tax authorized by section one of this act shall
not exceed the sum of one hundred thousand dollars annually. If
such ordinance shall provide that such improvement shall be wholly
or in part made by special assessments, they shall direct the super-
visor of such town to file a petition in the name of the town, in the
county court of his county, for proceedings to assess the cost of such
improvement ; such petition shall recite the ordinance for the pro-
posed improvement and the plans, specifications and estimates of the
cost thereof, and pray that the cost thereof may be assessed in the
manner prescribed by law. The proceedings to levy and collect such
assessment subsequent to the filing of such petition, shall in all things,
as near as may be, conform to the provisions of article nine (9) of
an act of the general assembly of this state entitled “ An act to
provide for the incorporation of cities and villages,” approved
April 10, 1872, and all of the provisions of said article nine, so far
as applicable, shall be in force and apply to any assessment made
under this act. The clerk of such town shall perform the duties and
possess the powers which are conferred upon the clerks of cities and
villages under said article nine.

Provided, That no improvement or sewer shall be made or con-
structed under the provisions of this section except upon the petition
of the owners of a majority of the land fronting on the proposed
improvement or sewer.

Provided, further, That no sewer shall be constructed under this
act, through any streets belonging to any incorporated city, or to
connect with any sewers within any such city, unless the assent of
the common council or board of public works of such city having
control of the streets and sewers of such city shall be first obtained,
thereto.

6

“Sxcrion 4. Be it further enacted, That the town supervisor, clerk
and assessor of such town be and they are hereby designated and
constituted the corporate authorities of such town, and they or a
majority of them, may levy the tax or any of the assessments herein
authorized, in the manner and for the purposes herein provided, ex-
cept in towns or villages which may have or which shall hereafter
become organized as a town or village under any law of this state,
in which case the board of trustees of such town so organized as a
village may levy the tax or any of the assessments herein anthorized
in the manner and for the purposes herein authorized.

Srcrtron 5. In case any sewer or sewers located as designated in
the foregoing section shall be located in part in two or more towns,
such commissioners shall make estimate of the cost of the portion of
such sewer or sewers lying within each town separately, and shall
transmit to the proper town the cost of such sewer or sewers lying
and being in such town.

Srcrion 6. Such sewer or sewers shall be so constructed as to per-
mit owners of property on the line of the same to connect private
drains or sewers therewith, under such rules and regulations as the
board of public works or other proper authority of the city or town
may prescribe, and the same shall be constructed as near as can be in
conformity to any general plan of sewerage in use in such town.

Srcrion 7. In case of the construction of any sewer or sewers
under the provisions of this act, over or through any lands not under
the control of such board of park commissioners, if the consent of
the owner of the same can not be obtained, the proceedings to acquire
the right of way, and for making just compensation therefor, shall
be in accordance with the provisions of said article nine (9) referred:
to in section three (3) in this act. The petition therein provided for
shall be filed in the name of the town, and the proceedings shall in
all things, as near as may be, conform to the provisions of said
article nine, and all of the provisions of said article, so far as appli-
cable, shall apply to and be in force in proceedings under this act.

Srorron 8. If any assessment or assessments made by assessors
appointed by the circuit court, upon the application of such board of
park commissioners, shall, for any cause, fail to be collected, in whole
or in part, such commissioners may, at any time within five years
after the confirmation of such assessment or assessments, file a peti-

7

tion in the county court of their county, setting forth brietly the
nature of the improvement or purpose for which such assessment or
assessments were made, and the total cost of such improvement, the
gross amount of such assessment or assessments, a description of the
real estate, lots or parcels of land upon which such assessment or
assessments remain unpaid, the amount as assessed against each piece
or parcel of land so remaining unpaid, the date of confirmation of
such assessment or assessments, and the name or names of the per-
son or persons filing objections for such lots or parcels of land at the
time of such confirmation, or at any other time during the proceed-
ings had to collect such assessment or assessments, if known to such
commissioners, and the names of persons who are interested in such
lots or parcels of land, as purchasers or otherwise, as shown by the
records of the county, or by an abstract of such records, praying the
court to summon such person or persons into court to answer such
petition, and to receive, stand by and abide such order as the court
shall make in the premises.

Provided, That any failure to procure the names of all the per-
sons interested in such lots shall not hinder or delay the proceedings
hereby authorized against those who are made parties. Upon filing
such petition the clerk shall issue a summons directed to the sheriff
of the county where such person or persons, or any or either of
them, shall reside or be found, which shall be served in the same
manner as writs in chancery ; and in case any such person or persons
so named in such summons cannot be found, or reside out of this
state, or shall absent himself or herself from this state, so that sum-
mons cannot be served, it shall be lawful, upon filing an affidavit of
such fact, to cause notice to such person or persons to be published
and served as in chancery proceedings, which notice shall be held
and construed in all courts and proceedings as sufficient service upon
such person or persons. The hearing of such petition and the
determining of the matters therein alleged shall have and take pre-
cedence over all other cases upon the dockets of such court, and such
court shall at once (unless good cause for delay be shown) proceed
to hear and determine the allegations in such petition contained.
The said commissioners may introduce any evidence which shall
tend to establish the allegations in such petition contained.

Provided, That the original or a certified copy of the original

assessment roll, or so much thereof as refers te the special assess-
ment sought to be recovered, shall be prima facie evidence of the
right of such petitioners to judgment according to the prayer of such
petition.

If either party shall demand that the matters im such petition
shall be tried by a jury, the court shall order a jury to be empan-
eled as in cases at law, and such jury, under the direction of the
court, or in case neither party shall demand a jury, the court shall
hear such proofs and witnesses as the respective parties may offer,
and shall determine all questions of fact which shall be involved in
the proceedings, and may, upon such trial, ascertain and find the
sum or amount which each piece or parcel of land upon which such
assessment or assessments remain unpaid ought fairly and equitably
to be assessed, having regard to the proportions of special benefits
resulting to each separate piece or parcel of land benefited, after
deducting the payments, if any, which shall have been made upon
the several lots and parcels of land.

Provided, That in no assessment or proceeding under any of the
provisions of this act shall the amount of any assessment upon any
lot or piece of land exceed the amount of special benefits resulting
to each piece or lot of land. Upon such finding the court shall
enter an order or decree declaring the amount so found to be a valid
lien, and assessments upon such lots or parcels of land; such order or
decree shall be prima facie evidence of the regularity of all pre-
vious proceedings necessary to the validity thereof. and all matters
therein recited as having been heard and adjudged by said court.
It shall be the duty of the clerk of such court to make a copy of
such order or decree, properly certified, and file the same in the office
of the county clerk of such county; and it shall be the duty of the
county clerk of such county, in the next warrant thereafter issued
for the collection of state and county taxes in the town in which
the property against which such decree has been entered, or any
part thereof, is situated, to set down in a column for that purpose
provided, opposite the several pieces and parcels of real estate in-
cluded in such order or decree, the amount assessed upon the same
by such order or decree; and it shall thereupon be the duty of the
collectors of taxes to collect said assessments, and enforce the pay-
ment thereof in the same manner and with all the rights, power and

authority that they have to collect state and county taxes; and all’
the provisions of law in respect to the collection of state and county
taxes, and proceedings to enforce the same which are now in force,
or which may be hereafter enacted, so far as applicable, shall apply
to such assessments. In proceedings under this section, either party
on leave of the court may amend any of the proceedings upon such
terms as the court shall deem equitable; and it shall be lawful for
such commissioners to include in such petition all of the lots, pieces
or parcels of land included in any assessment or assessments which
are delinquent, whether such lots are owned by one person or several
persons, or such commissioners may proceed by separate petition
against each owner or against each separate lot or tract of land ;
and the property may be described as the same was described in the
original assessment, or by any subdivision which may have been
made of the same subsequent to the making of such assessment.
The proceedings herein authorized for the collection of delinquent
assessments shall be held and construed as additional to, and not in
limitation of, any proceedings now authorized ; and such commis-
sioners may proceed under any laws in force for the collection of
such delinquent assessments ; and lands shall be held and considered
as delinquent within the meaning of this act, which have not actually
paid the amount of the assessment or assessments made on such
lands, it being the ‘intention hereby to authorize proceedings to
ascertain and collect the amount or proportions which any lot, tract
or portion of land should fairly contribute or pay toward the actual
cost of any improvement, or purpose for which any such assessment
or assessments shall have been or shall be made, and’ to this end the
county court of the proper county is hereby vested with power and
authority to make all needful rules and orders in any proceeding
under this act, not herein provided, for the accomplishment of the
purposes aforesaid.

Srecrion 9. It shall be the duty of the clerk of the county court
to which any lots, pieces or parcels of land shall be returned as de-
linquent for any assessment referred to in this act, after any sale shall
have been made and the warrant for such sale shall have been re-
turned, to make a complete list of the lots, pieces or parcels of land
against which any such assessment shall have been set aside, or the
collection of which shall have been suspended by appeal or other-

10

wise, and shall certify the same under the seal of the court, and
deliver the same to the recorder of deeds of his county, and the
recorder of the county shall record the same, which record shall be
held and construed as sufficient notice to all purchasers and encum-
brancers of the existence of such assessment for the full period of five
years from the contirmation of the original assessment.

Srctron 10. In all cases in which such board of park comumis-
sioners shall have contracted with owners of property taken or pur-
chased for any park or boulevard for annual payments, and the tax
or assessment levied to meet such payments shall not be collected or
paid in time to meet such payments as they become due, it shall be
lawful for such board of park commissioners to negotiate and pro-
cure an extension of the time of payments of such contracts for such
period as may be agreed upon by the parties, and may contract to
pay interest from the time so extended, at a rate not exceeding eight
per cent. per annum, payable annually, and may use and apply any
funds under their control to pay such obligations when due, and the
interest as the same accrues; except money raised by special assess-
ment to build or construct sewers or improve boulevards.

Srecrron 11. All improvements made under the provisions of
this act shall be done under the immediate superintendence and con-
trol of such board of park commissioners upon contracts to be made
with them, and all moneys collected under any proceedings author-
ized by this act, shall be paid to such commissioners by the person
or officer collecting the same, on the joint receipt of the treasurer
and president of such board of park commissioners, or such other
officers as they may designate; except in towns or villages organ-
ized as towns or villages, in which case the money shall be paid by
the treasurer of such town or village to the contractor or person
entitled to receive the same, on the order of such park commis-
sioners.

Section 12. Bett further enacted, That in cases where, by virtue
of any act or acts heretofore passed, public parks or boulevards have
been designated or established in two or more towns contiguous to
each other, and where the commissioners, authorized by such act or
acts to locate such parks or boulevards, shall desire to connect the
same by a boulevard or pleasure-way, so as to form a contiguous im-
provement, or shall desire to connect such park with other portions

11.

of the park district in which such park is located, by a boulevard or
pleasure-way, it shall and may be lawful for such commissioners to
select and designate the line of such boulevard or pleasure-way, and
to acquire title to the lands which may be necessary to make such
connection by purchase or otherwise, and in case such commissioners
cannot agree with the owner or owners, lessee or occupant of any of
the real estate so selected, they may proceed to procure the con-
demnation of the same in such manner as is now or may be prescribed
by any general law for the condemnation of lands for public use ;
and the cost and expense of acquiring title to such land shall be levied
upon and collected by special assessment upon the property deemed
specially benetited by the location of such boulevard or pleasure-
way, in the same manner as the costs of other lands for parks and
boulevards is assessed under the several acts creating such boards ;
and such boulevards or pleasure-way shall be under the control and
management of such park commissioners, the same as other public
grounds by them established.

Section 13. The said park commissioners shall annually, on or
before the 15th day of March of each year, make a report to the
board of auditors of their respective towns, and to the legislative
body of the town or city in which said parks are located, and shall
particularly set forth, in such report, the amount of money by them
received from all sources, during the preceding year, and how the
same has been expended.

Section 14. No member of such board of park commissioners
shall be directly or indirectly interested in the purchase or sale of
any park lands, or in any contract for the improvement of any park,
or shall receive any compensation for personal services, except and
only such as provided by the act creating such boards of park com-
missioners; and for a violation of this section, the commissioner
offending shall forfeit his office, and the vacancy shall be filled in
same manner as other vacancies.

Sxcrion 15. Be it further enacted, that an act entitled “An act
to enable certain corporate authorities of towns to levy a tax to
improve public parks and boulevards, and to provide for the exten-
sion of boulevards and regulating the duties of park commissioners,
and limiting the period within which they may be paid salaries,”
approved June 16, 1871, be and the same is hereby repealed: Pro-

12

vided, that any tax levied under such act shall not be unpaired ‘by
such repeal, but the same shall be and remain in full force and effect
as to such tax.
Ss. M. CULLOM,
Speaker of the House of Representatives.
JOHN HARLY:
President of the Senute.
Approved May 2, 1873.
JOHN L. BEVERIDGE,

Governor.

Unrrep Svares or AMERICA, |
Srate oF Inrrots, aire

I, George H. Harlow, Secretary of the State of Illinois, do hereby

certify that the foregoing is a true copy of an enrolled law entitled

“An act in regard to the completion, improvement and Inanage-

ment of public parks and boulevards, and to provide a more efticient

remedy for the collection of delinquent assessments,” approved
May 2, 1873, and now on file in this oftice.

In witness whereot I hereto set my hand and aftix

[ SEAL. | the great seal of state, at the city of Springtield,

this 15th day of May, A. D. 1873.
GEO. H. HARLOW,
Secretary of State,

LIBRARY OF CONGRESS

mn)