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was done in good faith, by the city, village or town, or under contract duly let and executed, pursuant to an ordinance providing that such sidewalk should be paid for by special tax.

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(HOUSE BILL NO. 471. APPROVED MAY 20, 1907.)

AN ACT entitled, "An Act to further enable cities, villages and incorporated towns to lease, purchase, or construct water and sewer systems, provide for the payment of the same and any indebtedness thereon and contracts therewith."

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That in all cities, villages or incorporated towns where a water works or sewerage system, or both, is now being constructed or may hereafter be constructed by any person, firm or corporation, the city, village or incorporated town may purchase, or lease, such water works or sewerage system, or both, from the owner or owners thereof: Provided, however, that before such leasing or purchase shall be binding upon the city, village or incorporated town, the city council or board of trustees, as the case may be, shall pass an ordinance empowering and authorizing such municipality to lease or purchase such water or sewer system, or both, and including the terms, as near as practicable, upon which such leasing or purchase shall be made, which ordinance shall be posted for a period of not less than ten days in at least five public places in such municipality and published at least once a week each week for two successive weeks in a newspaper published in said municipality. If no petition shall be presented to said city council or board of trustees, as hereinafter provided, within twenty-one days after said ordinance is so published and posted, it shall be lawful for said city council or board of trustees to consummate the leasing or purchase of such water or sewer system, or both, as provided in the ordinance aforesaid. If within twenty-one days after the first publication of said ordinance a petition shall be filed with the municipal clerk addressed to the city council or board of trustees signed by twenty per cent of the number of voters voting at the last general election held in said city, incorporated town or village asking that said question of leasing or purchase of such water works or sewerage system or both be submitted to a vote, it shall be the duty of the legislative body of such municipality to call a special election in manner provided by law to vote upon such question, and if it appears that a majority of the voters voting upon such question at such election vote in favor of leasing or purchasing such water or sewer system, or both, then said corporate authorities may complete such leasing or purchase, but, if a majority

of such votes are against said proposition then no further action shall be taken by such municipality for a period of not less than six months, when the same or other proposition may be submitted as before.

§ 2. If any city, village or incorporated town shall be authorized to purchase any water works or sewerage system, or both, as aforesaid, and the same shall be pledged to secure the payment of any bonds, or other written evidences of indebtedness by mortgage or trust deed, then said city or municipality may direct, by order or resolution, the clerk and treasurer thereof to enter the same on the records of such municipality, as an indebtedness against said waterworks or sewerage system only, and shall cause all the revenues derived from the operation of said systems; and all rents due and payable said former owners for use of water and sewerage purposes, and pledged for the payment of such indebtedness, to be set apart in a separate fund for the payment of such indebtedness as it becomes due and payable, provided said systems can be operated and maintained from the current funds of such municipality duly appropriated therefor: Provided, further, that nothing in this law contained shall be construed so as to affect the lien thereof and render null and void any bond, mortgage or trust deed securing any indebtedness upon said systems or a franchise and contract under which they were operated, executed by any person, firm or corporation as owner thereof for the construction and installation of any water or sewer system, or both, prior to the transfer of the same to any municipality as aforesaid, should such municipality neglect or fail to pay such indebtedness as it falls or becomes due and in event of a foreclosure of any mortgage or trust deed as aforesaid at the instance of bona fide holders of any bonds or notes thereby secured and unpaid, the said mortgagee or trustee for said bondholders shall be reinvested to all former rights existing in their behalf by virtue of any franchise and contract granted such municipality to the person, firm or corporation creating such indebtedness and which has been pledged as aforesaid.

§ 3. Such cities, villages and incorporated towns 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 leasing or purchase and maintenance of such waterworks and sewerage systems and for the payment of any existing indebtedness thereon, and may issue bonds of said municipality to procure funds to purchase any such system or systems, and to pay off existing bonds or indebtedness thereon at the time of said purchase, at any time thereafter that the financial condition of the municipality will permit: Provided, also, an appropriation having been made therefor, such municipality may constitute and make any bond falling due during the current year and secured by a trust deed on such system or systems and issued to procure funds to build and construct the same, a bond of said city, for such year and levy and collect a tax to pay the same: Provided, such action does not increase the bonded indebtedness of said municipality in excess of the constitutional limit of such year, for which said tax is to be levied and collected.

§ 4. To enable cities, incorporated towns or villages to promote and procure the building, construction and installation of water and sewer systems, when it becomes necessary for public health and welfare or better sanitary conditions of such municipality, such city, village or incorporated town is hereby authorized to contract with any person, firm or corporation for a supply of water for public uses and for sewerage for drainage and sanitary purposes of such municipality for a period not exceeding thirty years; any contract made and entered into by any municipality as aforesaid and pledged to secure the bonds issued to build and construct any water or sewer system shall at all times and under all conditions enure to the benefit of the holders of any of said bonds and for the payment of the same.

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5. WHEREAS, An emergency exists, this Act shall be in full force and effect from and after its passage.

APPROVED May 20, 1907.

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(SENATE BILL No. 100. APPROVED APRIL 19. 1907.)

AN ACT to amend section II of an Act entitled, "An Act to regulate the civil service of the State of Illinois," approved May 11, 1905, and in force July 1, 1905.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section II of an Act entitled, "An Act to regulate the civil service of the State of Illinois," approved May 11, 1905, and in force July 1, 1905, be amended so as to read as follows: All members of charitable boards, trustees, treasurers and commissioners, superintendents of charitable institutions and one chief clerk or deputy and one stenographer for each institution to which the provisions of this Act shall apply, shall not be included in the classified service."

APPROVED April 19, 1907.

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(SENATE BILL No. 488. APPROVED MAY 25, 1907.)

AN ACT to amend sections 4, 6, 9, 10, 12, 18, 19 and 35 of an Act entitled, "An Act to regulate the civil service of the State of Illinois," approved May 11, 1905, in force July 1, 1905.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That sections 4, 6, 9, 10, 12, 18, 19 and 35 of an Act entitled, "An Act to regulate the civil service of the State of Illinois," approved May 11, 1905, in force July 1, 1905, be and the same is hereby amended to read as follows:

§ 4. RULES.] Said commission shall make rules to carry out the purposes of this Act; and for examinations, appointments and removals, in accordance with the provisions thereof and the commission may from time to time make changes in the rules.

§ 6. EXAMINATIONS.] All applicants for offices or places in said classified service, except those mentioned in section II, shall be subjected to examination, which shall be public, competitive, and free to all citizens of the State of Illinois, with limitations specified in the rules of the commission as to residence, age, sex, health, habits and moral character. Such examinations shall be practical in their character and shall relate to those matters which will fairly test the relative capacity of the persons examined to discharge the duties of the positions to which they seek to be appointed, and may include tests of physical qualifications and health, and when appropriate, of manual skill. No questions in any examination shall relate to political or religious opinions or affiliations. The commission shall control all examinations and may, whenever an examination is to take place, designate a suitable number of persons, either in or not in the official service of the State, to be examiners, and it shall be the duty of such examiners, and if in the official service it shall be a part of their official duty without extra compensation, to conduct such examination as the commission may direct, and to make return or report thereof to said commission; and the commission may at any time substitute any other person, whether or not in such service, in the place of any one so selected; and the commission may themselves at any time act as such examiners, and without appointing examiners. The examiners at any examination shall not all be members of the same political party. Whenever the list of persons examined and eligible for original appointment for any position in the classified service shall be less than five, the commission shall hold an examination for such position.

89. PROMOTIONS.] The commission shall, by its rules, provide for promotions in such classified service, and shall provide that any vacancy shall be filled by promotion where, in the judgment of the commission, it will be for the best interests of the service to fill such vacancy. If, in the judgment of the commission, it is not for the best interests of the service to fill such vacancy by promotion, then such vacancy shall be filled by an original entrance examination. All examinations for promotion shall be limited to such members of the lower ranks or grades who, by the rules of the commission are in the line of promotion, and it shall be the duty of the commission to certify to the appointing power the name and address of the applicant for each promotion having the highest rating. The method of examination and the rules governing same shall be the same as provided for applicants for original appointments.

§ 10. APPOINTMENTS TO CLASSIFIED SERVICE.] The head of a department, office or institution in which a position classified under this Act is to be filled shall notify said commission of that fact and said commission shall certify to the appointing officer the names and addresses of three candidates standing highest upon the register for the class or grade to which said position belongs, and the head of such department, office or institution, shall appoint one of the three so certified and after a candidate has been certified three times by the commission and shall not have been appointed by the head of the department, office or institution, his name shall be stricken from the register. In making such certification sex shall be disregarded, except when some statute, the rules of said commission, or the appointing power specifies

Persons who were engaged in the military or naval service of the United States during the years 1861, 1862, 1863, 1864 or 1865, and who were honorably discharged therefrom, shall be preferred for appointment to civil offices, provided they are found to possess the business. capacity necessary for the proper discharge of the duties of such office, and it shall be the duty of the examiner or commissioner certifying the list of eligibles who have taken the examinations provided for in this Act, to place the name or names of such persons at the head of the list of eligibles to be certified for appointment. The appointing officer shall notify said commission of each position to be filled separately, and shall fill such place by appointment from the persons certified to him by said commission therefor. Said commission may strike off the names of all candidates from any eligible list after they have remained thereon more than two years.

No person shall

8 12. REMOVALS, REDUCTIONS AND SUSPENSIONS.] be removed from the classified service or reduced in grade or compensation, except as hereinafter provided. Whenever it will promote the efficiency of the service, removals from the classified service or reductions in grade or compensation, or both, may be made in any department of such service by the appointing power in the manner following: The person sought to be removed shall be served with a copy of the order of removal and notice of suspension from such service and also written specifications; and such person shall have not less than three nor more

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