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made in section 94 as herein amended. Said three commissioners shall be duly sworn to make a true and just assessment of the cost of said improvement according to law. The concurrence of any two in a report shall be sufficient.

§ 92. INTEREST ON BONDS HOW TO BE PAID.] The board of local improvements before the crediting of the excess as provided for in section eighty-four, as herein amended, shall determine an estimated. amount deemed sufficient to make up any probable deficiency of interest, by which from any cause, collections of interest may prove insufficient to meet the interest to be paid on said bonds until they mature as hereinbefore provided. Said estimate shall be deducted out of said installments as an item of expense before crediting rebates of excess as herein directed and shall be used for no other purpose than to make up such deficiency until the bonds are fully paid, both principal and interest. Any balance remaining of said estimate after the principal and interest of said bonds. are fully paid may be used to reimburse the corporate funds for any advances made from said funds on account of costs of the special assessment or special tax or any other expenses of the improvement for which said special assessment or special tax is levied. 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, no deduction of said estimate out of said installments shall be made where said ordinance providing for the assessment provided that a certain sum not to exceed five per centum of the amount of such special assessment or special tax shall be applied as herein provided in sections 93 and 94, or in case such city, town or village shall at any time before the crediting of such excess annually appropriate or set aside a fund or funds sufficient in amount to meet any and all estimated deficiencies in interest which may arise during the year for which said fund is provided.

§ 93. If, upon final settlement with the contractor for any improvement and full payment of all vouchers or bonds, issued on account of such contract, there shall be any surplus remaining in such special assessment or special tax above the payments aforesaid and above the amount necessary for the payment of interest on such vouchers or bonds as above provided, it shall be the duty of the proper authorities of such city, incorporated town or village to at once cause a rebate to be declared upon each lot, block, tract or parcel of land, assessed of its pro rata proportion of such surplus. The board of local improvements shall cause to be kept and exhibited publicly in its office, an index of all warrants upon which rebates are due and payable and upon proper proofs, the same shall be repaid to the person entitled thereto: Provided, however, whenever any city, town or village of this State, having a population of one hundred thousand or more inhabitants by the last preceding census of the United States or of this State, shall have appropriated or set aside a fund or funds sufficient in amount to meet any and all estimated deficiencies in interest, cost of making, levying and collecting special assessments or special tax, and of letting and executing contracts, advertising, clerical hire, engineering and inspection, court costs and

fees of commissioners in condemnation proceedings incurred in such proceedings and shall have, in and by the ordinance providing for the assessment, provided, that a certain sum not to exceed 5 per centum of the amount of such assessment or special tax shall be applied toward the payment of the aforesaid and other costs of making and collecting such assessment, the moneys collected in the fund created by such 5 per centum so added as hereinabove authorized shall be used to pay all deficiency in interest in the warrant, and the balance shall be used to reimburse the corporate funds for any advances made from said funds on account of costs of the special assessment or special tax or any other expenses of the improvement for which such special assessment or special tax is levied.

$94. EXPENSES, COSTS, ETC., HOW TO BE PAID.] The costs and expenses of maintaining the board of local improvements herein authorized, of paying salaries of the members of said board, and the expense of making and levying special assessments or special taxes and of letting and executing contracts; and also the entire cost and expense attending the making and return of the assessment rolls and the necessary estimates, examinations, advertisements, etc., connected with the proceedings herein provided for, including the court costs, including the fees to commissioners in condemnation proceedings, which are to be taxed as above provided, shall be paid by the city, village or town out of its general fund: Provided, however, that in cities, towns or villages of this State having a population of less than one hundred thousand by the last preceding census of the United States, or of this State, the city, village or town, as the case may be, may in and by the ordinance providing for the assessment prescribed, provide that a certain sum, not to exceed 6 per centum of the amount of such assessment, shall be applied toward the payment of the aforesaid and other costs of making and collecting such assessment.

Provided, further, that in cities, towns or villages of this State having a population of one hundred thousand or more inhabitants by the last preceding census of the United States, or of this State, the city, village or town, as the case may be, may in and by the ordinance providing for the assessment prescribed, provide that a certain sum not to exceed 5 per centum of the amount of such assessment, as finally determined after the completion of the improvement in accordance with section 84 of this Act, shall be applied (but only by way of reimbursement of the general corporate fund as hereinafter in this section provided) toward the payment of the cost of making, levying and collecting such special assessment or special tax, and of letting and executing contracts, advertising, clerical hire, engineering and inspection, court costs and fees of commissioners in condemnation proceedings incurred in such proceedings and deficiency in interest in the matter of such special assessment or special tax. If the part of the assessment levied on account of the expenses specified in this paragraph, shall exceed five per centum of the entire assessment as finally determined in accordance with said section 84, but shall not exceed five per centum of the assessment as originally levied and filed in court, such excess shall

not constitute any objection to a judgment of confirmation of the assessment, but no larger sum on account of the expenses specified in this paragraph than five per centum of the assessment as finally determined in accordance with said section 84, shall be deemed or treated as a part of the cost of the improvement to be certified by the board of local improvements in accordance with said section 84, and if the part of the assessment originally levied on account of the expenses specified in this paragraph shall exceed five per centum of the entire assessment as finally determined in accordance with said section, any such excess shall be deemed a part of the excess to be abated in accordance with the provisions of said section 84.

Provided, further, that such deficiency in interest, if any shall be first paid out of the fund so created by such 5 per centum so added as herein above authorized, and that the application of said fund toward the payment of the expenses specified in the preceding paragraph, shall be only by paying over and transferring the balance of said fund after the payment of such deficiency in interest, to the general corporate fund of said city, town or village for reimbursement for expenses of the improvement for which the assessment is levied, theretofore paid out of said general corporate fund.

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AN ACT to amend an Act entitled, "An Act concerning local improvements," approved June 14, 1897, in force July 1, 1897, as amended by subsequent Acts, by adding a new section thereto.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That an Act entitled, "An Act concerning local improvements," approved June 14, 1897, in force July 1, 1897, as heretofore amended, be and the same is hereby amended by adding thereto a new section to be known as section 76a, such new section to read as follows:

76a. The successful bidder for the construction of such improvement shall be required to enter into bond in a sum equal to 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 fur

nished, 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 nominal, 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 11, 1917.

LOCAL IMPROVEMENTS-SPECIAL ASSESSMENTS.

1. Amends section 68 and 72, Act of 1897.

§ 72. Municipality may buy in or withdraw from collection.

§ 68. Return of sale-redemp-
tion-payment.

(SENATE BILL No. 480. FILED JUNE 28, 1917.)

AN ACT to amend an Act entitled, "An Act concerning local improvements," approved June 14, 1897, in force July 1, 1897, as amended, by amending sections 68 and 72 thereof.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That an Act entitled, "An Act concerning local improvements," approved June 14, 1897, in force July 1, 1897, as amended, be and the same is hereby further amended by amending sections 68 and 72 thereof, so that said sections shall read as follows:

§ 68. RETURN OF SALE-REDEMPTION—PAYMENT.] After making said sale, the list of lots, parcels of land and property sold thereat shall be returned to the office of the county clerk and redemption may be made as provided for by the General Revenue Law of the State; a list of all lots, parcels of land and property withdrawn from collection at said sale by the corporate authorities levying such tax shall also be returned to the office of the county clerk, where payment of any delinquent special assessment so withdrawn from collection may be made, as in the case of redemption from sale, at any time while the same is withdrawn from the county collector, or thereafter, if again advertised and sold, until the period of redemption at such subsequent sale under the General Revenue Law of the State has expired and a tax deed is issued thereon.

§ 72. MUNICIPALITY MAY BUY IN OR WITHDRAW FROM COLLECTION.] Any city, village or town interested in the collection of any tax or special assessment, may, in default of other bidders, become a purchaser at any sale of property to enforce the collection of the same, and may, by ordinance, authorize and make it the duty of one or more municipal officers to attend such sales and bid thereat in behalf of the

corporation; and such city, village or town may, through its said officer or officers, acting under like authority, in default of bidders, withdraw from collection at such sale any special assessment or installment thereof levied by it on any lot, parcel of land or property subject to sale; but such withdrawal from collection shall not operate to cancel the assessment or impair the lien of the municipality so withdrawing it, and the same shall be and remain delinquent and payable at the office of the county clerk, with all fees, costs and charges that have accrued thereon, and such lot, parcel of land or property, may be re[-]advertised and resold at any subsequent tax sale for such delinquent special assessment or installment thereof.

FILED June 28, 1917.

This bill having remained with the Governor ten days, Sundays excepted, the General Assembly being in session, it has thereby become a law. Witness my hand this twenty-eighth day of June, A. D. 1917. LOUIS L. EMMERSON, Secretary of State.

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AN ACT in relation to undistributed or unclaimed money received from the making of any local improvement paid for wholly or in part by special assessment or special taxation.

SECTION 1. Be it enacted by the People of the State of Illinois; represented in the General Assembly: That any city, town or village of this State having any undistributed or unclaimed money received from the making of any local improvement paid for wholly or in part by special assessment or special taxation, and which money shall have remained in the possession of said city, town or village for a period of eight years or more undistributed or unclaimed as a rebate or refund, after the provisions of the Local Improvement Act have been complied with in regard to refunds or rebates, may set aside and transfer said money, so undistributed or unclaimed, into a special fund to be known as the "unclaimed rebate fund," which may be used as hereinafter provided.

§ 2. Before such money so remaining undistributed or unclaimed and in the possession of said city, town or village, shall be set aside and transferred into said special fund known as the "unclaimed rebate fund." the board of local improvements of said city, town or village shall cause a notice to be published at least once a week for eight successive weeks in a daily newspaper of general circulation within said city, town or village; or if no daily newspaper is published in said city, town or village and a weekly newspaper is published therein, said notice shall be published once a week for eight successive weeks in some weekly

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