this Act, is guilty of a misdemeanor, and shall be punished by a fine of not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00), or imprisonment for not less than thirty days, nor more than six months, or by both fine and imprisonment. §4. This Act shall take effect January 1, 1922.

FILED July 1921.

The Governor having failed to return this bill to the General Assembly during its session, the General Assembly having adjourned sine die on June 30, 1921, and he having filed the same in my office on this date without signature or objections, it has therefore become a law. Witness my hand this

....

day of July, A. D. 1921.

LOUIS L. EMMERSON, Secretary of State.

AN ACT to amend sections 7, 10 and 76a of an Act entitled, “An Act concerning local improvements," approved June 14, 1897, and in force July 1, 1897, as subsequently amended.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That sections 7, 10, and 76a of an Act entitled, "An Act concerning local improvements," approved June 14, 1897, in force July 1, 1897, as subsequently amended, be and in the same is hereby amended, so that said sections 7, 10 and 76a shall read as follows:

§ 7. All ordinances for local improvement to be paid for wholly or in part by special assessment or special taxation shall originate with the board of local improvements. Petitions for any such public improvements shall be addressed to said board. Said board shall have the power to originate a scheme for any local improvement, to be paid for by special assessment or special tax, either with or without a petition, and in either case shall adopt a resolution describing the proposed improvement which resolution shall be at once transcribed into the records of the board.

Whenever the proposed improvement will require that private property be taken or damaged, such resolution shall describe the property proposed to be taken for that purpose. Said board shall, by the same resolution, fix a day and hour for the public consideration thereof, which shall not be less than ten days after the adoption of such resolution. Said board shall also cause an estimate of the cost of such improvement (omitting land to be acquired) to be made in writing by the engineer of the board, (if there be one, if not, then by the president) over his signature, which shall be itemized to the satisfaction of said board, and which shall be made a part of the record of such resolution: Provided, however, that in cities, towns or villages of this State having a population of one hundred thousand or more by the last preceding census of the United States, or of this State, when the proposed improvement consists only of taking or

damaging private property, such estimate shall not be required: Provided, however, that in cities and villages which shall have adopted or 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,'" the estimate of the cost of such improvement (omitting land to be acqured) shall be made in writing by the public engineer, if there be one, of such city or village, if not, then by the mayor of such city or village.

Notice of the time and place of such public consideration or hearing shall be sent by mail directed to the person who paid the general taxes for the last preceding year on each lot, block, tract or parcel of land frontng on the proposed improvement not less than five (5) days prior to the time set for such public hearing. Said notices shall contain the substance of the resolution adopted by the board (and when an estimate is required by this Act) the estimate of the cost of the proposed improvement, and a notification that the extent, nature, kind, character (and, when an estimate is required by this Act, the estimated cost of such proposed improvement) may be changed by said board at the public consideration thereof. If upon such hearing the board shall deem such improvement desirable, it shall adopt a resolution therefor and prepare and submit an ordinance therefor as hereinafter provided: Provided, however, that in proceedings only for the laying, building, constructing or renewing of any sidewalk, water service pipe or house drain, no resolution, public hearing or preliminary proceedings leading up to the same shall be In such proceedings the board may submit to the city council or board of trustees, as the case may be, an ordinance, together with its recommendation and (when an estimate is required by this Act) the estimated cost of the improvement, as made by the engineer, as herein provided, and such proceedings shall have the same force and effect as though a public hearing had been had thereon.

§ 10. Together with the said ordinance and recommendation shall be presented to the city council or board of trustees, except when rendered unnecessary by section seven, as amended of this Act, an estimate of the cost of such improvement, 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 over 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.

876a. The successful bidder for the construction of such improvement shall be required to enter into bond in a sum equal to one third of the amount of such bid with sureties to be approved by the president of the board of local improvements, and filed with the board of local improvements or where there is no board of local improvements, with the city or village clerk, when entering into the contract for the construction of such improvement, which bond shall provide that the contractor shall well and faithfully perform and execute said work in all respects according to the complete and detailed specifications, and full and complete drawings, profiles and models therefor, and according to the time, and terms and conditions of the contract, and also, that such bidder and contractor shall promptly pay all debts incurred by such bidder or contractor in the prosecution of such work, including those for labor, and materials furnished, and suit may be brought on such bond in case of default, or failure to pay such debts promptly, by and in the name of the city or village for all damages sustained either by the city or by any person or party interested or for the damages sustained by the city or village and all parties in interest; or by any beneficiary or party interested, in the name of the city or village for the use of the party interested as beneficial plaintiff, to recover for such labor, and materials furnished: Provided, costs shall in no case be adjudged against the city or village in any suit brought by any party in interest wherein the city or village is the nomnial, but not the beneficial plaintiff. In advertising for bids or proposals for the construction of such improvement, the board of local improvements shall give notice that such bond will be required, and all bids or proposals shall contain an offer to furnish such bond upon the acceptance of such bid or proposal.

APPROVED June 24, 1921.

LOCAL IMPROVEMENTS.

1. Amends section 11, Act of 1897.

§ 11. Publication of ordinance.

(SENATE BILL NO. 337. APPROVED JUNE 24, 1921.)

AN ACT to amend section 11 of "An Act concerning local improvements," approved June 14, 1897, in force July 1, 1897, as amended.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Section 11 of "An Act concerning local improvements," approved June 14, 1897, in force July 1, 1897, as amended, is amended to read as follows:

§ 11. Upon the presentation to the common council or board of trustees of such proposed ordinance, together with such recommendation and estimate, if the said estimate of cost shall exceed the sum of one hundred thousand dollars ($100,000.00), (exclusive of the amount to be paid for land to be taken or damaged), such ordinance shall be referred to the proper committee and published in the proceedings of

the council or board of trustees, in the usual way, in full, with the recommendation and estimates, at least one week before any action shall be taken thereon by the council or board of trustees. In any city, village or incorporated town which does not regularly publish the proceedings of its council or board of trustees, such ordinance after having been referred to the proper committee shall, together with the recommendation and estimates, be published in full in some daily newspaper of said city, village or town, or if no daily newspaper is published in such city, village or town, and a weekly paper is published therein, then in some weekly newspaper; or if no daily or weekly newspaper is published in such city, village or town, then in some other newspaper published in the county in which such city, village or town is situated to be designated by said council or board of trustees. Such publication shall be at least one week before any action shall be taken on such ordinance by the council or board of trustees. Whenever any plat, plan, profile, or drawing is a part of any such ordinance, or is attached thereto as a part thereof, or is referred to by any such ordinance, it shall not be necessary to publish any such plat, plan, profile or drawing in connection with the publication of such ordinance. § 2. Because of an emergency this Act shall take effect upon its passage.

AN ACT to amend sections 13, 19, 37 and 65 of "An Act concerning local improvements," approved June 14, 1897, in force July 1, 1897, as amended.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Sections 13, 19, 37 and 65 of "An Act concerning local improvements," approved June 14, 1897, in force July 1, 1897, as amended, are amended to read as follows:

§ 13. Whenever any such ordinance shall be passed by the legislative authority of any such city, village or town, for the making of any local improvements that such city, village or town is authorized to make, to be paid for wholly or in part by special assessment, or by special taxation, the making of which will require that private property be taken or damaged for public use, such city or village shall, either in such ordinance or by subsequent order, designate some officer to file a petition in some court of record of the county in which such city, village or town is situated, or if such city, village or town is situated in more than one county and the proposed improvement or the property to be taken or damaged, or both, lies in more than one county, then in some court of record in the county in which the major part of the territory to be effected thereby is situated, in the name of the munici

pality, praying that steps may be taken to ascertain the just compensation to be made for private property to be taken or damaged for the improvement or purpose specified in such ordinance, and to ascertain what property will be benefited by such improvement, and the amount of such benefit.

SECTION 19. The superintendent of special assessments, or president of the board of local improvements (as the case may be), shall file with said report an affidavit made by himself or by some employee of his office, that the affiant has carefully examined the records in the recorder's office of the said county or counties for the names of the owners of record of the several lots, blocks, tracts, and parcels of land to be taken or damaged for said improvement, and also that the affiant made a careful examination of the collector's books showing the payments of general taxes during the last preceding year in which taxes. were paid on the respective lots, blocks, tracts and parcels of land against which benefits are assessed in said report, to ascertain the person or persons who last paid the taxes on said respective lots, blocks, tracts and parcels of land, and that the names of such owners of record and persons who paid said taxes are correctly shown in the columns or schedules of ownership and of persons who paid such. taxes in said report; also that he has diligently inquired as to the residence of the respective owners of property to be taken or damaged for said improvement and of the persons who paid the general taxes during the last preceding calendar year in which general taxes were paid on all the respective lots, blocks, tracts and parcels of land against which benefits have been assessed in said report (specifying the nature of the inquiry and examination he has made for that purpose) and that the residences of the owners and parties paying such general taxes are correctly stated, according to the result of his said examination, in the column or schedule of residences in said report; also that in all cases where he has been unable to find the residence of the owner of such record title, he has examined the return of the collector's warrant for taxes on real estate for the last preceding year, in which the taxes were paid, and has set opposite each such parcel whose owner has not been found, the name of the person who last paid the tax on said parcel, together with his place of residence, wherever, on diligent inquiry, he was able to find the same. Said affidavit, or an affidavit filed therewith, shall further state that the affiant has visited each of the parcels of land to be taken or damaged for said improvements described in said report, for the purpose of ascertaining whether or not the same was occupied, and the name and residence of the occupant, if any; and that in every case where said parcels of land were found to be occupied, upon such investigation, the name of the occupant is stated in said report opposite such parcel, together with his residence, when ascertained. Such affidavit and report shall be prima facie evidence that the requirements of this Act have been complied with.

§ 37. Upon the passage of any ordinance for a local improvement pursuant thereto, it shall be the duty of the officer specified therein to