311. General Tax, Borrowing Money, Appropriation.

SEC. 2. Such cities, incorporated towns and villages may borrow money and levy and collect a general tax in the same manner as other municipal taxes may be levied and collected for the erection, construction and maintaining of such water works, and appropriate money for the same.

312. Real Estate, Purchase or Condemnation, Territorial Limits.

SEC. 3. For the purpose of erecting, constructing, locating, maintaining or supplying such water works, any such city, incorporated town or village may go beyond its territorial limits, and may take, hold and acquire property and real estate, by purchase or otherwise; and shall also have the power to take, hold and acquire and condemn any and all necessary property and real estate for the location, erection, construction and maintaining of such water works, in the manner provided for the taking and condemning of private property for public use; and may also acquire and hold real estate and other property and rights necessary for the location, erection, construction and maintenance of such water works, by purchase or otherwise; and the jurisdiction of such city, town or village to prevent or punish any pollution or injury to the stream or source of water for the supply of such water works, shall extend ten miles beyond its corporate limits.

313. Rules and Regulations, Water Tax or Rate, Lien.

SEC. 4. The common council of such cities, or trustees of such towns or villages, shall have power to make and enforce all needful rules and regulations in the erection, construction and management of such water works, and for the use of water supplied by the same. And such cities, towns and villages shall have the right and power to tax, assess and collect from the inhabitants thereof such tax, rent or rates for the use and benefit of water used or supplied to them by such water works, as the common council or board of trustees, as the case may be, shall deem just and expedient. And all such water taxes, rates or rents shall be a lien upon the premises and real estate upon or for which the same is used or supplied. And such taxes, rents or rates shall be paid and collected, and such lien enforced, in such manner as the common council shall, by ordinance, direct and provide. 314. Reservoirs and Hydrants, Water Pipes, Expenses, Special Assessment.

SEC. 5. The expense of locating, erecting and constructing reservoirs and hydrants for the purpose of fire protection, and the expense of constructing and laying water main pipes, or such part thereof as may be just and lawful, may be assessed upon and collected from the property and real estate specially benefited thereby, if any, in such manner as may be provided for the making of special assessments for other public improvements in such cities, towns or villages.

315. Water Works Fund, Application.

SEC. 6. All the income received by such cities, towns or villages from such water works, from the payment and collection of water taxes, rents or rates, shall be kept in a separate fund, and shall first be applied in the payment and discharge of the costs, interest on bonds or money borrowed and used in the erection and construction of such water works and running expenses thereof. And any surplus may be applied in such manner as the common council or board of trustees may direct.

316. Water Works Excepted.

SEC. 7. The provisions of this Act shall not apply to cities, towns or villages in which water works are now managed or controlled by a board of public works.

SEC. 8. (Emergency.)

AN ACT to aid cities owning or operating water works to secure an additional or better supply of pure water. Approved and in force May 27, 1881. L. 1881, p. 157.

317. Water Powers and Privileges Granted.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That all cities owning or operating water

works under any charter granted by Act of any General Assembly of this State, or under the general incorporation laws of this State, whether by boards of water commissioners or by officers appointed for that purpose, are hereby granted the following powers and privileges, for the purpose of increasing or bettering the source of supply from which such water is obtained.

318. Wells, Constructing or Leasing, Referendum.

SEC. 2. Whenever, in the judgment of a majority of any board of water commissioners, or if there be no such board, then in the judgment of a majority of the city council of any city owning or operating such water works, it shall be necessary for the public health, or for any other cause, to increase the source of water supply, or to substitute for it such better source as, in their judgment, the interests of such city may demand, such board of water commissioners or city council may, in addition to the powers already conferred upon them by Act of any General Assembly of this State, construct wells, either by boring or excavation, and protect and equip the same after construction, or may lease water privileges from private parties or corporations owning wells already or hereafter to be constructed, and may pay for such construction or lease, and for the expenses maintained in operating the same, out of any earnings of such water works under their control which may be in their hands at the time of the taking effect of this Act, or which may accrue to them hereafter: Provided, that no money shall be expended under the provisions of this Act, for the purposes herein specified, until the question of the expenditure of such money for the purposes aforesaid shall have been submitted to a vote of the people of the city in which such water works may be situated, at any election for city officers or special election called for that purpose by the city council of said city, and shall have received a majority of the votes cast at such election: Provided, further, that no money shall be expended under the provisions of this Act, for the purposes aforesaid, other than the surplus earnings of such water works.

SEC. 3. (Emergency.)

AN ACT authorizing cities, towns and villages to build, purchase or extend water works systems for public and domestic use, and to provide for the cost thereof. Approved April 22, in force July 1, 1899. Laws 1899, p. 104. 319. Water Works System, Construction, Purchase or Extension, Interest Bearing Certificates.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Every city, incorporated town and village in this State, is hereby authorized to acquire water works for supplying water for public use, and for domestic use of its inhabitants by building or purchasing a water works system or enlarging or extending an existing system. In payment for such building, purchase or enlargement any such municipality may issue certificates of indebtedness limited in their payment solely to the water fund hereinafter provided for; such certificates may bear interest at a rate of not exceeding six per centum per annum, payable semiannually, and shall only be issued at not less than par value in payment for the building, purchase or extension of a water works system.

320. Ordinance, Referendum.

SEC. 2. Any such municipality desiring to avail itself of the provisions of this Act shall first pass an ordinance, fixing in a general way the capacity of the water works system it is proposed to acquire, and referring to the plans and specifications therefor, which shall be open to the inspection of the public; which said ordinance shall fix the rates at which water is to be supplied for all private purposes, and said rates, so fixed, shall not thereafter be reduced until the certificates issued for acquiring or enlarging the water works, and the interest thereon, are fully paid. Which said ordinance shall be published in a newspaper published in such municipality, at least once in each week for three successive weeks. And if no petition shall be

filed with the clerk of such municipality as hereinafter provided, within twenty-one days after the first publication of said ordinance, then the corporate authorities may proceed to carry out the provisions of the ordinance. But if within said period of twenty-one days there shall be filed with the clerk of such municipality a petition, signed by twenty per cent of the number of voters voting for presiding officer of the legislative body of such municipality at the next preceding general city, town or village election, asking that the question of acquiring or enlarging a water works system be submitted to a vote. [,] It [it] shall then be the duty of the legislative body of such municipality to call a special election in the manner provided by law, to vote upon such question, and if it appear that a majority of the voters voting upon such question at such election vote in favor of acquiring or enlarging the water works, then said ordinance shall be in full force and effect, and the corporate authorities may proceed to carry out the provisions thereof, but if a majority of the votes cast are against such acquiring or enlarging, then said city, incorporated town or village shall proceed no further for the period of six months next ensuing.

321. Water Fund, Application.

SEC. 3. Whenever any such municipality shall avail itself of the provisions of this Act, the entire proceeds arising from the operation of the water works system thereof shall be paid into a fund known as the "water fund," and which fund shall be and remain inviolate until the certificates issued under the terms hereof and the interest thereon is fully paid, and the treasurer of such municipality shall not pay any warrants drawn on said fund unless the same be drawn in payment of the necessary operating expenses of such water works system, or in payment of the certificates issued hereunder or the interest thereon.

322. Mortgage or Trust Deed, Conditions.

SEC. 4. In order to secure in the most ample manner the payment of the water certificates, authorized as aforesaid, any such municipality may convey by way of mortgage or deed of trust the water works system so acquired or enlarged which said mortgage or deed of trust shall be acknowledged and recorded in the same manner as mortgages of real property, and which mortgage or deed of trust may contain such provisions and conditions as are reasonably necessary to fully secure the payment of said water certificates,

323. Water Certificates, Foreclosure, Decree, Sale.

SEC. 5. Whenever, and as often as default shall be made in the payment of water certificates, issued as aforesaid, and such default shall continue for the space of ninety days, it shall be lawful for said mortgagee or trustee to declare the whole of the principal and interest of such certificates at once due and payable, and proceed to foreclose the same in any court of competent jurisdiction, and in any decree to be rendered in such suit of foreclosure there shall be included a reasonable solocitor's fee for the complainant's solicitor, and such decree shall fix reasonable rates for water furnished from said water works system for public uses during the time that such municipality shall be deprived of the possession thereof, as hereinafter provided, and upon any sale under such decree of foreclosure the person or corporation offering to satisfy said decree for the rents, incomes and profits of said water works system for the least number of years, not exceeding fifty, shall become the purchaser thereof, and on satisfying said decree shall be let into the use, occupation and enjoyment of said water works system during the period of time for which the same were sold, and during such period such purchaser or assigns shall be entitled to receive and collect for water furnished for private uses the rates prescribed in the ordinance provided for in section 2 of this Act, and shall be entitled to receive and collect the reasonable rates fixed for the public uses of water in such decree. At the end of said period said purchasers or assigns shall deliver said water works system to such municipality in as good condition as when the same was received, ordinary wear and tear excepted.

324. Purchaser's Rights, Protection.

SEC. 6. During the period of time when the purchaser at such foreclosure sale shall be entitled to the use and enjoyment of said water works system, it shall not be competent for such municipality to construct or authorize any other person or corporation to construct a competing system of water works, nor shall it be competent for the purchaser at such foreclosure sale, or assigns, to extend the water works system so purchased, except upon such terms as such municipality may authorize.

325. Scope of Act.

SEC. 7. This shall be deemed and construed to confer powers in addition to but not limiting those now existing.

AN ACT to enable cities and villages to buy, construct or enlarge water works and to provide for the management thereof, and giving them authority to levy an annual tax and to pledge the same in payment therefor." Title to Act approved April 19, in force July 1, 1899, as amended by Act approved May 18, in force July 1, 1905. Laws 1905, p. 94. 326. Water Works, Purchase, Construction and Enlarging, Annual Tax.

SECTION 1. That cities and villages shall have the power to levy, in addition to the taxes now authorized by law, a direct annual tax of not more than one cent on the dollar upon all the property within the corporate limits of the city or village, said tax to be payable yearly for a period of not more than thirty years; the proceeds of said tax to be used solely for the purchase, construction or enlarging of water works. (Amended by Act approved

May 18, in force July 1, 1905. Laws 1905, p. 94.

327. Contract Ordinance.

SEC. 2. Whenever any city or village desires to avail itself of the provisions of this Act, the city council or the board of trustees, as the case may be, may by ordinance or resolution contract for the purchase, erection or enlarging of water works for a provisionally certain fixed sum, or may so contract for purchase, extension or enlarging if the plant proposed to be purchased shall be inadequate, and such contract for erection, purchase or enlarging, together with a report from the city or village engineer recommending the same, shall be published at least once a week for three consecutive weeks in a daily or weekly newspaper published in said city or village, and shall at the same time provide by resolution or ordinance for the levying of a direct annual tax as authorized in section 1 of this Act, the total of which said tax for the term levied, together with the annual revenue which is estimated to be derived from the works, shall be sufficient to pay the contract price for the works, together with interest on same; but such contract for purchase, erection or enlarging, and such tax, shall not be valid or binding until confirmed by vote as follows: (Amended by Act approved May 18, in force July 1, 1905. Laws 1905, p. 94.)

328. Referendum.

SEC. 3. Such contract and tax, after action by the council or trustees aforesaid, shall, before they shall be valid and binding, be submitted for ratification to the voters of the city or village at a regular or special election by giving notice of same, which notice shall specify the character of the said works proposed to be erected, purchased or enlarged and the amount of tax to be levied, and said notice shall be posted in ten public places within such city or village at least three weeks prior to said election, and also by publication three times in a daily or weekly newspaper published in said city or village, and for three weeks preceding such election there shall be on file in some public place, convenient of access, a full description of works, copy of contract and report of engineer, for the inspection of the voters, and notice of where said plans and specifications are on file shall be included

26 A municipality that has reached its create an additional indebtedness. Village of constitutional limit of indebtedness can not East Moline v. Pope (1906), 224 Ill., 386. take advantage of this Act by attempting to

268. Penalty.

SEC. 3. Any person, firm or corporation who shall, in any manner, fall, neglect or refuse to comply with any provision in this Act contained, shall be deemed guilty of a misdemeanor, and upon conviction thereof, be punished by a fine of not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00), or confined in the county jail not exceeding one year, or both.

AN ACT to regulate cold storage of certain articles of food. in force July 1, 1917. L. 1917, p. 648.

269. Cold Storage, Terms Defined.

Filed June 28,

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: For the purpose of this Act, "cold storage" shall mean the storage or keeping of articles of food at or below a temperature above zero of 45 degrees Fahrenheit in a cold storage warehouse; "cold storage warehouse" shall mean any place artificially cooled to or below a temperature above zero of 45 degrees Fahrenheit, in which articles of food are placed and held for thirty days or more; "article of food" shall mean fresh meat and fresh meat products and all fish, game, poultry, eggs and butter.

270. License Fee.

SEC. 2. No person, firm or corporation shall maintain or operate a cold storage warehouse without a license so to do issued by the Department of Agriculture. Any person, firm or corporation desiring such a license shall make written application to the Department of Agriculture for that purpose, stating the location of the warehouse. The Department of Agriculture thereupon shall cause an examination to be made of said warehouse and, if it be found by him to be in a proper sanitary condition and otherwise properly equipped for its intended use, he shall issue a license authorizing the applicant to operate the same as a cold storage warehouse during one year. The license shall be issued upon payment of (by) the applicant of a license fee of $25.00 per annum to the Department of Agriculture. 271. Unsanitary Condition.

SEC. 3. In case any cold storage warehouse, or any part thereof, shall at any time be deemed by the Department of Agriculture, to be in an unsanitary condition, or not properly equipped for its intended use, he (it) shall notify the licensee of such condition and upon the failure of the licensee to put such cold storage warehouse in a sanitary condition or to properly equip the same for its intended use, within a time to be designated by the Department of Agriculture, he (it) shall revoke such license.

272. Record, Reports.

SEC. 4. Every such licensee shall keep accurate records of the articles of food received in and of the articles of food withdrawn from his cold storage warehouse, and the Department of Agriculture shall have free access to such records at any time. Every such licensee shall submit a monthly report to the Department of Agriculture, setting forth in itemized particulars the quantities and kinds of articles of food in his cold storage warehouse. Such monthly reports shall be filed on or before the fifth day of each month, and the reports so rendered shall show the conditions existing on the last day of the preceding month reported and a summary of such reports shall be prepared by the Department of Agriculture and shall be open to public inspection on or before the tenth day of each month.

273. Inspection and Supervision.

SEC. 5. The Department of Agriculture shall inspect and supervise all cold storage warehouses and make such inspection of articles of food therein as he (it) may deem necessary to secure the proper enforcement of this Act, and he (it) shall have access to all cold storage warehouses at all reasonable times. The Department of Agriculture may appoint such persons as he (it) deems qualified to make any inspection under this Act.