CHICAGO-CONSOLIDATION OF LOCAL GOVERNMENTS-Concluded.

§ 4. Act a public Act.

§ 5. Acts in conflict with this Act not to apply to city of Chicago.

§ 6. Act deemed enacted at time of adoption by voters.

§ 7. Act not to be affected by invalidity of any part.

Article VIII.-Submission of Act to legal voters. § 1. Act to be submitted to legal voters. (HOUSE BILL No. 162. APPROVED JUNE 29, 1915.)

AN ACT to consolidate in the government of the city of Chicago the powers and functions now vested in local governments and authorities within the territory of said city and to make provisions concerning the same.

ARTICLE I.

CONSOLIDATION.

SECTION 1. LOCAL GOVERNMENTS CONSOLIDATED WITH THE CITY.] Be it enacted by the People of the State of Illinois, represented in the General Assembly: That all powers and functions not specifically abrogated by this Act which are now vested in the city, town, township, park, park district or other local governments and authorities having jurisdiction confined to or within the territory of the city of Chicago, or any part thereof, shall be vested and consolidated in the municipal government of the city of Chicago, and for that purpose all municipal corporations and quasi-municipal corporations other than the city of Chicago whose jurisdiction is confined as aforesaid, and their corporate authorities, shall be dissolved and abrogated and shall be merged in and consolidated with the city of Chicago, except that towns or townships shall be deemed to continue in existence only in so far as their continual existence may be necessary to the collection of taxes; and the city of Chicago shall be the successor of said municipal corporations and quasi-municipal corporations, and shall succeed to all their property and corporate rights and powers and be subject to all their lawful debts, obligations and liabilities, whether such rights or liabilities be accrued or contingent. No town or park district shall hereafter be formed under general laws now in force so as to be located entirely or partly within the limits of the city of Chicago. The present park commissioners, boards of park commissioners and park boards hereby consolidated in the municipal government of Chicago, shall continue to perform their official functions until the appointment and qualification of the board of park commissioners hereinafter provided for; and the present board of directors of the public library and board of inspectors of the house of correction hereby consolidated in the municipal government of Chicago, shall continue to perform their official functions until the city council of Chicago shall provide for the government and control of such library and house of correction respectively; and thereupon the official functions of such park commissioners, boards of park commissioners, park boards, board of directors, and board of inspectors shall terminate, and their respective offices shall be abolished. Within thirty (30) days after the adoption of this Act in the manner hereinafter provided for, a board of park commissioners, consisting of nine (9) members, shall be appointed by the mayor, by and with the advice and consent of the

city council. Three of the members of said board of park commissioners, so appointed by the mayor, shall be residents of that portion of the city lying north of the Chicago River; three (3) members shall be residents of that portion of the city lying south of the Chicago River, and the three (3) remaining members shall be residents of that portion of the city lying west of the north and south branches of the Chicago River, at the time of their appointment and during their term of office. Of the commissioners first appointed, one of the members from each of said portions of the city shall be appointed for a term of two (2) years, another for a term of four (4) years, and the third for a term of six (6) years, and upon the expiration of the term of each member his successor shall be appointed for a term of six (6) years. The park commissioners shall serve without compensation, and no park commissioner shall, at the same time, hold any other office under the city government. The board of park commissioners so appointed shall elect a president from their own number who shall hold office for a term of one (1) year. Such board of park commissioners shall keep records of their official transactions and doings. The yeas and nays shall be taken and entered on the records of the proceedings of the said board on all questions involving the expenditure of money. The board of park commissioners shall annually, or oftener, as required, make a report to the city council of the physical and financial condition of the parks. Nothing in this section contained shall be construed to apply to or to affect in any manner the sanitary drainage or improvement districts or public tuberculosis sanitarium or the board of education of the city of Chicago.

§ 2. CONSOLIDATION OF LOCAL GOVERNMENTS UPON ANNEXATION OF TERRITORY.] Upon the annexation hereafter to the city of Chicago of any territory containing within its boundaries the whole of any town. or township, park, park district or other municipal corporation or quasimunicipal corporation, or any part of any such municipal corporation or quasi-municipal corporation, the remaining portion of which is already situated within the territory of the city, the powers and functions of such town or township, park, park district or other municipal corporation or quasi-municipal corporation thus becoming included entirely within the city shall, if a majority of the legal voters of such municipal corporation or quasi-municipal corporation voting upon the question consent to such annexation, be vested and consolidated in the municipal government of the city of Chicago, and such municipal corporation or quasi-municipal corporation and its corporate authorities shall thereupon be dissolved and abrogated and shall be merged in and consolidated with the city of Chicago, subject in every respect to the provisions of this article. Whenever, after such annexation, it shall be necessary to take a vote in such annexed territory or jurisdiction of the legal voters therein on any question upon which their votes shall be separately counted and returned, the board of election commissioners shall furnish separate ballot boxes in which the votes of the legal voters residing within the territory of any such annexed municipal corporation or quasimunicipal corporation may be received in order that they may be so separately counted and returned. Nothing in this section contained shall be construed as applying to or affecting in any manner the public

tuberculosis sanitarium or board of education of the city of Chicago, or any school district, or part thereof, annexed to the city of Chicago.

§ 3. RIGHTS AND LIABILITIES PRESERVED CAUSES TO BE PROSECUTED BY OR AGAINST THE CITY.] The city of Chicago, upon its reorganization under this Act, with the enlarged powers and jurisdiction vested therein by this Act shall be deemed to be the same corporation and be subject to all laws now in force not abrogated or modified by this or any other Act especially relating to said city, and in addition to the rights, powers and property and the duties, obligations and liabilities conferred and imposed upon it by this Act shall continue to be vested with the same rights, powers and property of every description, and to be subject to the duties, obligations and liabilities, accrued or contingent, of the city of Chicago as at present organized, and no legal proceeding or suit to which the city is a party shall be affected by the change of organization, and all legal proceedings or suits instituted by or in the name of or against any of the corporations or corporate authorities hereby abrogated shall be continued without abatement by or against the city of Chicago, either in the name of the city of Chicago or in the name by which they were instituted. All causes of action accrued before this Act takes effect in favor of or against any of the municipal corporations or quasi-municipal corporations or corporate authorities hereby abrogated may be prosecuted by or against the city of Chicago. When a different remedy is given by this Act which may properly be made applicable to any right existing at the time this Act takes effect, the same shall be deemed cumulative to the remedies before provided and may be used accordingly.

§ 4. CITY SUBSTITUTED IN CONTRACTS OF LOCAL GOVERNMENTS CONSOLIDATED.] All legal acts lawfully done by or in favor of any of the municipal corporations, quasi-municipal corporations or corporate authorities hereby consolidated shall be and remain as valid as though this Act had not been passed, and in all cases shall be binding upon the respective parties affected by such acts, except that the city of Chicago shall be, and it is hereby substituted in lieu of such town or township, park, park district, or local government or authority hereby consolidated with said city. This provision shall apply, among other things, to contracts, grants, licenses, warrants, orders, notices, appointment and official bonds, but shall not effect any existing or contingent rights to modify, revoke or rescind such acts of said municipal corporations, quasi-municipal corporations or corporate authorities.

§ 5. FINES AND PENALTIES TO BE COLLECTED BY THE CITY.] All fines, penalties and forfeitures incurred or imposed before this Act takes effect for violation of the ordinances, by-laws or rules of any of the municipal corporations, quasi-municipal corporations, corporate or local authorities hereby consolidated shall be enforced or collected by or under the authority of the city of Chicago.

6. TAXES AND ASSESSMENTS ALREADY LEVIED TO BE COLLECTED BY CITY.] The taxes and special assessments lawfully levied before this Act takes effect by any of the corporate authorities hereby consolidated shall be collected as if they had been lawfully levied by or under the authority of the city of Chicago.

§ 7. POWERS OF TAXATION PRESERVED TO PROTECT RIGHTS OF CREDITORS.] All powers of taxation or assessment that may have become part of any contract of indebtedness incurred or entered into by any of the municipal corporations or quasi-municipal corporation hereby consolidated with the city of Chicago shall be preserved only in so far as their exercise may become necessary to save and protect or enforce the rights of creditors, or those holding obligations created in view or respect of any tax, assessment or power of taxation or assessment, and, in the event of any such powers so becoming necessary, shall be exercised by the corporate authorities of the city of Chicago to the same extent as the corporate authorities contracting such indebtedness would have been bound to exercise the same.

§ 8. PRESENT ORDINANCES TO BE CONTINUED IN FORCE UNTIL REPEALED.] All lawful ordinances, resolutions, by-laws, orders or rules in any municipal corporation, quasi-municipal corporation, or other local government or authority hereby consolidated in the municipal government of the city of Chicago, at the time this Act takes effect, and not inconsistent with the provisions of this Act, shall, notwithstanding any change of organization effected by this Act, continue in full force and effect within the territory included within the jurisdiction of the authority by which such ordinances, resolutions, by-laws, orders or rules. were respectively enacted until repealed, abrogated or amended by the city council of the city of Chicago. No ordinance of the city of Chicago in force in the city when this Act takes effect shall be affected or impaired by the consolidation provided by this Act.

9. TRUST FUNDS TO CONTINUE SUBJECT TO SAME TRUST.] Any property or funds held by any of the municipal corporations, quasimunicipal corporations or corporate authorities hereby consolidated with the city of Chicago upon any special express trust shall be held by said city upon such trust. The proceeds of special assessments levied before this Act takes effect shall be applied to the purposes for which they were levied or imposed.

§ 10. RETIRING OFFICER SHALL DELIVER RECORDS AND PROPERTY TO THE CITY COMPTROLLER.] Any officer ceasing to hold office by virtue of this Act shall deliver and turn over to the city comptroller or such officer as the city comptroller may designate as the one upon whom the powers and duties of such retiring officers devolves, all papers, records and property of every kind in his possession and custody by virtue of his office, and shall account to said city comptroller for all funds, credits or property of any kind with which he is properly chargeable: Provided, however, that all papers, records, and property of every kind pertaining to the present park commissioners, board of park commissioners and park boards. shall be turned over to the board of park commissioners, as provided for in this Act.

§ 11. OFFICIALS AND EMPLOYEES OF LOCAL GOVERNMENTS CONSOLIDATED. The offices of all officers of all towns or townships, parks or park districts, or other local governments and authorities hereby consolidated are hereby abrogated and abolished, except as herein otherwise expressly provided. All officers and employees included in and subject to the civil service laws relating to any of the local governments and authorities. hereby consolidated with the city of Chicago, and all other officers and

employees (excepting all elective officers, general superintendents, attorneys and secretaries) employed by local governments and authorities. not under civil service law who have served for at least six months prior to the passage of this Act by the General Assembly and who would, if employees of the city of Chicago, be included in and subject to the civil service laws relating to said city, shall be transferred to and without examination, shall become officers and employees of the city of Chicago, subject to the provisions of the civil service laws relating to said city, and the civil service commission of the city of Chicago, upon the taking effect of this Act, shall classify and place, in accordance with the character of his former duties, rank and responsibilities, each of said officers. and employees in his appropriate class and grade in the classified civil service of said city, and, for the purpose of determining seniority in such class and grade, each of said officers and employees shall be credited with the time, prior to such transfer to the employ of the city, served by them as officers and employees of the local governments and authorities hereby consolidated, in the respective offices and places of employment held by them respectively at the time of such transfer and no such officer or employee shall be removed or discharged except for cause, upon written charges and after an opportunity to be heard in this own defense. All employees, except policemen, so transferred to the city of Chicago, who would, if employees of said city, be included within the provisions of an act entitled, "An Act to provide for the formation and disbursement of a pension fund in cities, villages and incorporated towns having a population exceeding 100,000 inhabitants for municipal employees appointed to their positions under and by virtue of an Act entitled, 'An Act to regulate the civil service of cities,' approved and in force March 20, 1895, and for those who were appointed prior to the passage of said act and who are now in the service of such city, village or town," approved May 31, 1911, and in force July 1, 1911, and all amendments thereto heretofore or hereafter made, shall have credit thereunder, in respect of time of service, for the time theretofore served and shall become subject to all the provisions of said pension fund act last above mentioned. All policemen so transferred to the city of Chicago and all persons who were formerly employed as policemen in any of the local governments or local authorities hereby consolidated and who are now employed as policemen by the city of Chicago, shall have credit, in respect of time of service, under an Act entitled, "An Act to provide for the setting apart, formation and disbursement of a police pension fund in cities, villages and incorporated towns," approved April 29, 1887, and in force July 1, 1887, as subsequently amended, and under any act of like nature superseding said act and applying to the city of Chicago, for the time theretofore at any time served by them as policemen of the local governments and authorities hereby consolidated. All fines, penalties, rewards, funds, moneys, and property in the possession or control of the various boards of trustees created by virtue of an act entitled, "An Act to provide for the setting. apart, formation, administration and disbursement of a park police pension fund," approved May 23, 1913, and in force July 1, 1913, or in the possession or control of any board or boards succeeding such boards and created by virtue of any similar act, or to which any such board or boards may be by law entitled, shall, upon the taking effect of this Act, become