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THE CHICAGO DRAINAGE
AND WATER-WAY LAWS.
Published by the Citizens' Association of Chicago.
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CHICAGO DRAIN AGE
—AND—
WATER-WAY L.A.W. S.
PUBLISHED BY THE CITIZENS ASSOCIATION OF CHICAGO.
(From THE CHICAGO LEGAL NEWs Edition of the Laws of 1889.)
TO CREATE SANITARY DISTRICTS AND TO REMOVE OBSTRUCTIONS IN THE DES-
PLAINES AND IILINOIS RIVERS, ETC.
SECTION. SIECTION.
186. Incorporating sanitary district—question, how sub- 200. When assessments payable by installments – bonds
mitted—Commissioners, etc. may be issued.
187. Judicial notice of district—organization—county 201. Private property—how taken for improvement.
judge. 202. May acquire right of way.
1S8. Trustees—election almd terms Of. 203. Special assessment—damage to property and cost
189. Trustees constitute a board—duties and powers of. of acquiring.
190. Ordinance making appropriation—publication of. 204. Liability of Sanitary district for damages.
191. Ordinances and resolutions—evidence. 205. Capacity of Channel or outlet.
192. Board of trustees—powers of. 206. Sanitary district—failure to comply with act.—
193. May purchase and sell real estate. remedy—penalty.
194. May borrow money—limitation. 207. Act—how CODStrued.
J95. To provide for direct annual tax—met earnings. 208. Channel—how to be constructed. *
196. Contracts—how let. 209. Channel—When COmpleted—control of.
197. Trustees may levy and collect taxes, etc. 210. May permit territories outside to drain, etc.
198. ISN penses of improvement—special assessments— 211. When city or Village owns water works, etc.
general tax. - 212. When channel constructed—commissioners to in-
199. Assessments—installments—interest. spect its Work.
AN ACT to create salmitary districts and to remove obstructions in the Desplaines and Illinois rivers. Approved
May 29, 1889. In force July 1, 1889.
186. INCORPORATING SANITARY DISTRICT-QUESTION, How SUBMITTED–COMMIs.
SIONERS.] § 1. Be it enacted by the People of the State of Illinois, represented in the
General Assembly, That whenever any area of contiguous territory within the limits
of a single county shall contain two or more incorporated cities, towns or villages, and
shall be so situated that the maintenance of a common outlet for the drainage thereof
will conduce to the preservation of the public health, the same may be incorporated as
a sanitary district under this act, in the manner following: Any 5,000 legal voters res-
ident within the limits of such proposed sanitary district may petition the county judge
of the county in which they reside to cause the question to be submitted to the legal
voters of such proposed district whether they will organize as a sanitary district under
this act. Such petition shall be addressed to the county judge, and shall contain a defi-
mite description of the territory intended to be embraced in such district, and the name
of such proposed sanitary district: Provided, however, that no territory shall be included
in any municipal corporation formed here under which is not situated within the limits of a
city, incorporated town or village, or within three miles thereof, and no territory shall be
included within more than one sanitary district under this act. Upon the filing of such pe-
tition in the office of the county clerk of the county in which such territory is situated it
shall be the duty of the county judge to call to his assistance two judges of the Circuit
Court and such judges shall constitute a board of commissioners which shall have power
and authority to consider the boundaries of any such proposed sanitary district, whether
the same shall be described in such petition or otherwise. Notice shall be given by
such county judge of the time and place where such commissioners will meet, by a
publication inserted in one or more daily papers published in such County, at least
twenty days prior to such meeting. At such meeting the county judge shall
(8)
4 - DRAINAGE.
preside, and all persons in such proposed sanitary district shall have an oppor-
tunity to be heard touching the location and boundary of such proposed
district and make suggestions regarding the same, and such commissioners, after
hearing statements, evidence and suggestions, shall fix and determine the limits and
boundaries of such proposed district, and for that purpose and to that extent, may
alter and amend such petition. After such determination by said commissioners, or a
majority of them, the county judge shall submit to the legal voters of the proposed
sanitary district the question of the organization and establishment of the proposed
sanitary district, as determined by said commissioners, at an election to be held on the
first Tuesday after the first Monday in November thence next ensuing. Notice whereof
shall be given by said commissioners, at least twenty days prior thereto, by publication .
in one or more daily papers published within such proposed sanitary district, such
notice to specify briefly the purpose of such election, with a description of such pro-
posed district. Each legal voter resident within such proposed sanitary district shall
have the right to cast a ballot at such election, with the words thereon, “For Sanitary
District,” or, “Against Sanitary District.” The ballots so cast shall be received, returned
and canvassed in the same manner and by the same officers as is provided by law in
the case of ballots cast for county officers. The county judge shall cause a statement
of the result of such election to be spread upon the records of the County Court. If a
majority of the votes cast upon the question of the incorporation of the proposed san-
itary district shall be in favor of the proposed sanitary district, such proposed district
shall thenceſorth be deemed an organized sanitary district under this act.
187. JUDICIAL NOTICE OF DISTRICT-ORGANIZATION.—ELECTION.—County JUDGE.]
§ 2. All courts in this State shall take judicial notice of the existence of all sani-
tary districts organized under this act. Upon the organization of any sanitary dis-
trict under this act the county judge shall call an election to elect officers and cause
notice thereof to be posted or published, and perform all other acts in reference to
such election in like manner as nearly as may be, as he is required to perform in
reference to the election of officers in newly organized cities under the provisions of
an act entitled “An act to provide for the incorporation of cities and villages,”
approved April 10, 1872. -
188. TRUSTEEs—ELECTION AND TERMS OF..] § 3. In each sanitary district or-
ganized under this act, there shall be elected nine trustees who shall hold their offices
for five years, and until their successors are elected and qualified, except the term of
office of the first trustees elected, shall be until five years after the first Monday in De-
cember after their election. The election of trustees, after the first, shall be on the
Tuesday next after the first Monday in November in every fifth year. In all elections
for trustees each qualified voter may vote for as many candidates as there are trustees
to be elected, or he may distribute his vote among not less than five-ninths of the can-
didates to be elected, giving to each of the candidates among whom he distrib-
utes the same, the same number of votes or fractional parts of votes. The
trustees shall choose one of their number president, and such sanitary district shall
from the time of the first election held by it under this act be construed in law and
equity a body Corporate and politic and by the name and style of the Sanitary district
of............ , and by such name and style may sue and be sued, contract and be con-
tracted with, acquire and hold real estate and personal property necessary for cor-
porate purposes, and adopt a common seal and alter the same at pleasure.
189. TrusTEES CONSTITUTE A BOARD-DUTIES AND Powers of..] § 4. The trus-
tees elected in pursuance of the foregoing provisions of this act shall constitute a board
of trustees for the district by which they are elected, which board of trustees is hereby
declared to be the corporate authorities of such sanitary district, and shall exercise
all the powers and manage and control all the affairs and property of such dis-
trict. Said board of trustees shall have the right to elect a clerk, treasurer, chief en-
gineer and attorney for such municipality, who shall hold their respective offices dur-
ing the pleasure of the board, and who shall give such bond as may be required
by said board. Said board may prescribe the duties and fix the compensation of all
the officers and employes of said sanitary district: Provided, however, that the salary
of the president of said board of trustees shall in no case exceed the sum of four thousand
dollars per annum; and the salary of the other members of said board shall not exceed
three thousand dollars per annum. And provided further, that the amount received
by any attorney shall not exceed the sum of five thousand dollars ($5,000) per annum.
£:— -
DRAINAGE. 5
Said board of trustees shall have full power to pass all necessary ordinances, rules and
regulations for the propºr management and conduct of the business of said board of
trustees and of said corporation, and for carrying into effect the objects ſor which such
sanitary district is formed. - - -
190. ORDINANCES MARING APPROPRIATION.—PUBLICATION of..] § 5. All ordi-
nances making any appropriations shall, within one month after they are passed, be pub-
lished at least once in a newspaper published in such district, or if no such newspaper of
general circulation is published therein, by posting copies of the same in three public
places in the district; and no such ordinance shall take effect until ten days after it is
so published, and all other ordinances, orders and resolutions, shall take effect from
and after their passage unless otherwise provided therein.
191. ORDINANCES AND RESOLUTIONs—Evid ENCE.] § 6. All ordinances, orders
and resolutions, and the date of publication thereof, may be proven by the certificate
of the clerk, under the seal of the corporation, and when printed in book or pamphlet
form, and purporting to be published by the board of trustees, and such book or
pamphlet shall be received as evidence of the passage and legal publication of such
ordinances, orders and resolution, as of the dates mentioned in such book, or pamphlet,
in all courts and places without further proof,
192. BoARD OF TRUSTEEs—Powers of..] § 7. The board of trustees of any
sanitary district organized under this act shall have power to provide for the drain-
age of such district by laying out, establishing, constructing and maintaining one
or more main channels, drains, ditches and outlets for carrying of and disposing
of the drainage (including the sewage) of such district, together with such adjuncts
and additions thereto as may be necessary or proper to cause such channels or outlets
to accomplish the end for which they are designed in a satisfactory manner; also to make
and establish docks adjacent to any navigable channel made under the provisions
hereof for drainage purposes, and to lease, manage and control such docks, and also to
control and dispose of any water-power which may be incidentally created in the con-
struction and use of said channels or outlets, but in no case shall said board have any
power to control water after it passes beyond its channel, waterways, races or
structures into a river or natural waterway or channel, or water-power or docks situ-
ated on such river or natural waterway or channel: Provided, however, nothing in this
act shall be construed to abridge or prevent the State from hereafter requiring a por-
tion of the funds derived from such water-power, dockage or wharfage to be paid into
the State Treasury to be used for State purposes. Such channels or outlets may
extend outside of the territory included within such sanitary district and the rights
and powers of said board of trustees over the portion of such channel or outlet lying
outside of such district shall be the same as those vested in said board over that por-
tion of such channels or outlets within the said district.
193. MAY PURCHASE AND SELL REAL ESTATE, ETC.] § 8. Such sanitary district
may acquire by purchase, condemnation, or otherwise any and all real and personal prop-
erty, right of way and privilege, either within or without its corporate limits that may
be required for its corporate purposes: Provided, all moneys for the purchase and
condemnation of any property shall be paid before possession is taken, or any work
done on the premises damaged by the construction of such channel or outlet, and in
case of an appeal from the county court taken by either party whereby the amount of
damages is not finally determined, the amount of judgment in such court shall be
deposited at some bank to be designated by the judge thereof subject to the payment
of such damages on Orders signed by such county judge, whenever the amount of
damages is finally determined; and when not longer required for such purposes, to sell,
convey, vacate and release the same, subject to the reservation contained in section
7, relating to water-powers and docks. . -
194. MAY BORRow MoREY—LIMITATION.] § 9. The corporation may borrow
money for corporate purposes and may issue bonds therefor, but shall not become in-
debted, in any manner, or for any purpose, to an amount in the aggregate to exceed
five per centum on the valuation of taxable property therein, to be ascertained by the
last assessment for State and county taxes previous to the incurring of such indebted-
ness: Provided, however, that said five per centum shall not exceed the sum of fif-
teen million dollars ($15,000,000).
195. To PROVIDE FOR DIRECT ANNUAL TAx—NET EARNINGs.] § 10. At the
time or before incurring any indebtedness, the board of trustees shall provide for the
6 DRAINAGE.
collection of a direct annual tax sufficient to pay the interest on such debt as it falls
due, and also to pay and discharge the principal thereof as the same shall fall due, and
at least within twenty years from the time of contracting the same: Provided, that
the net earnings from water-power and docks may be appropriated and applied to the
purpose of paying the interest or principal of such indebtedness, or both, and to the
extent that they will suffice, the direct tax may be remitted.
196. ContRACTs—How LET.] § 11. All contracts for work to be done by such
municipality, the expense of which will exceed five hundred dollars, shall be let to
the lowest responsible bidder therefor upon not less than sixty days’ public notice of
the terms and conditions upon which the contract is to be let having been given by
publication in a newspaper of general circulation published in said district, and the
said board shall have the power and authority to reject any and all bids, and re-adver-
tise: Provided, no person shall be employed on said work unless he be a citizen of
the United States, or has in good faith declared his intentions to become such citizen.
In all cases where an alien after filing his declaration of intention to become a citizen
of the United States shall for the space of three months after he could lawfully do so,
fail to take out his final papers and complete his citizenship, such failure shall be prima
facie evidence that his declaration of intentions was not made in good faith. And that
eight hours shall constitute a day’s work. -
197. TRUSTEES MAY LEVY AND collBCT TAXEs, Etc.] § 12. The board of trus-
tees may levy and collect taxes for corporate purposes upon property within the terri-
torial limits of such sanitary district, the aggregate amount of which in any one year
shall not exceed one-half of one per centum of the value of the taxable property
within the corporate limits, as the same shall be assessed and equalized for State and
county taxes of the year in which the levy is made. Said board shall cause the amount
required to be raised by taxation in each year to be certified by the county clerk, on
or before the second Tuesday in August, as provided in section one hundred and twen-
ty-two of the general revenue law. All taxes so levied and certified shall be collected
and enforced in the same manner and by the same officers as State and county taxes,
and shall be paid over by the officer collecting the same to the treasurer of the sani-
tary district, in the manner and at the time provided by the general revenue law.
198. ExPENSES OF IMPROVEMENT—SPECIAL ASSESSMENTS--GENERAI, TAX.] § 13.
The board of trustees shall have power to defray the expenses of any improvement
made by it in the execution of the powers hereby granted to such incorporation, by
special assessment or by general taxation, or partly by special assessment and partly
by general taxation, as they shall by ordinance prescribe. It shall constitute no
objection to any special assessment, that the improvement for which the same
is levied is partly outside the limits of such incorporation, but no special as-
sessment shall be made upon property situated outside of such sanitary district,
and in no case shall any property be assessed more than it will be bene-
fited by the improvement for which the assessment is levied. The proceedings for
making, levying, collecting and enforcing of any special assessment levied hereunder,
shall be the same as nearly as may be as is prescribed by article nine of an act
entitled “An act to provide for the incorporation of cities and villages,” approved April
10, 1872. Whenever in said act the words “city council’ are used, the same shall
apply to the board of trustees constituted by this act, and the words applying to the .
city or its officers in that article shall be held to apply to the corporation hereby created
and to its officers. -
199. ASSESSMENT—INSTALIMENTs—INTEREST.] § 14. When any assessment
is made under this act, the ordinance authorizing such assessment may provide that it
be divided into equal annual installments, not more than twenty in number, and fix the
amount and time of payment of each installment, and that the installment shall bear
interest at a rate not exceeding six per cent. per annum, payable annually, from the
date fixed in said ordinance, and the several installments and interests thereon may be
collected and enforced, as they shall become due, in the manner provided for the
enforcement of assessments under said Article 9. No more of any assessment need be
returned or certified to the county collector than will show the amount due and unpaid
at the time of such return, and no sale of any parcel of land for any installment of an
assessment shall discharge the premises from any subsequent installment of the same
or any other assessment. Any one or all of the installments may be paid any time
after the assessment is confirmed, with accrued interest, if any, to the date of payment.
DRAINAGE. - 7
- **_º_*: - - - ---------- —tt-ı t—t
200. WHEN AssRSSMENTS PAYABLE BY INSTALLMENTs—BONDs MAY BE Issu ED.]
§ 15. Where any assessment is made payable in installments the board of trustees
may issue bonds or certificates not exceeding in amount eighty per centum of the
unpaid portion of such assessment at the date of the issue thereof, payable only out of
such assessment, and bearing interest at a rate not exceeding the rate of interest upon
the installments of such assessments. The board of trustees shall have the right to
call in and pay off said bonds or certificates as fast as there is money received into
the treasury from the assessment against which the same are issued, and all moneys
received upon such assessment shall be applied to the payment of said certificates or
bonds until they are fully satisfied.
201. PRIvaTE PROPERTY-How TAKEN FOR IMPROVEMENT.] § 16. Whenever
the board of trustees of any sanitary district shall pass an ordinance for the making of
any improvement which such district is authorized to make, the making of which will
require that private property should be taken or damaged, such district may cause
compensation therefor to be ascertained, and condemn and acquire possession thereoſ
in the same manner as nearly as may be as is provided in an act entitled, “An act
to provide for the exercise of the right of eminent domain,” approved April 10, 1872:
Provided, however, that proceedings to ascertain the compensation to be paid for tak-
ing or damaging private property shall in all cases, be instituted in the county where
the property sought to be taken or damaged is situated: And provided, that all dam-
ages to property whether determined by agreement or by final judgment of court
shall be paid out of the annual district tax, prior to the payment of any other debt
or obligation. -
202. MAY ACQUIRE RIGHT OF WAY.] § 17. When it shall be necessary in mak-
ing any improvements which any district is authorized by this act to make, to enter
upon any public property or property held for public use, such district shall have the
power so to do and may acquire the necessary right of way over such property held
for public use in the same manner as is above provided for acquiring private property,
and may enter upon, use, widen, deepen and improve any navigable or other waters,
waterways, canal or lake: Provided, the public use thereof shall not be unneces-
sarily interrupted or interfered with, and that the same shall be restored to its former
usefulness as soon as practicable: Provided, however, that no such district shall occupy
any portion of the Illinois and Michigan canal outside of the limits of the county in
which such district is situated for the site of any such improvement, except to cross the
same, and then only in such a way as not to impair the usefulness of said canal, or to
the injury of the right of the State therein, and only under the direction and super-
vision of the canal commissioners: And, provided further, that no district shall be
required to make any compensation for the use of so much of said canal as lies within
the limits of the county in which said district is situated except for transportation
purposes.
203. SPECIAL ASSESSMENT—DAMAGE TO PROPERTY, AND COST OF ACQUIRING..]
§ 18. In making any special assessment for any improvement which requires the tak-
ing or damaging of property, the cost of acquiring the right to damage or take such
property may be estimated and included in the assessment as a part of the cost of
making such improvement.
204. LIABILITY OF SANITARY DISTRICT FOR DAMAGES.] § 19. Every sanitary
district shall be liable for all damages to real estate within or without such district
which shall be overflowed or otherwise damaged by reason of the construction enlarge-
ment or use of any channel, ditch drain, outlet or other improvement under the pro-
visions of this act ; and actions to recover such dāmages may be brought in the county
where such real estate is situate, or in the county where such sanitary district is located,
at the option of the party claiming to be injured. And in case judgment is rendered
against such district for damage the plaintiff shall also recover his reasonable attorney’s
fees, to be taxed as costs of suit: Provided, however, it shall appear on the trial that
the plaintiff notified, the trustees of such district, in writing, at least 60 days before
suit was commenced by leaving a copy of such notice with some one of the trustees
of such district stating that he claims damages to the amount of.......dollars, by reason
of (here insert the cause of damage) and intends to sue for the same: And, provided
fºrther, that the amount recovered shall be larger than the amount offered by said
trustees (if anything) as a compromise for damages sustained.
205. CAPACITY OF CHANNEL OR OUTLET.] § 20. Any channel or outlet con-
8 DRAINAGE.
structed under the provisions of this act, which shall cause the discharge of sewage
into or through any river or stream of water beyond or without the limits of the dis-
trict constructing the same, shall be of sufficient size and capacity to produce a con-
tinuous flow of water of at least two hundred cubic feet per minute for each one
thousand of the population of the district drained thereby, and the same shall be
kept and maintained of such size and in such condition that the water thereof shall
be neither offensive or injurious to the health of any of the people of this State, and
before any sewage shall be discharged into such channel or outlet, all garbage,
dead animals, and parts thereof and other solids shall be taken there from. -
206. SANITARY DISTRICT-FAILURE. To compIY witH ACT-REMEDY—PENALTY.]
§ 21. In case any sanitary district in this State formed under the provisions of this
act shall introduce sewage into any river or stream of water, or natural or artificial
watercourse, beyond or without the limits of such district, without conforming to the
provisions of this act, or having introduced such sewage into such watercourse, shall
ſail to comply with any of the provisions of this act, an action to enforce compliance,
shall be brought by the Attorney General of this State in the courts of any county
wherein such watercourse is situate, or he may authorize the State Attorney or any
such county to commence and prosecute such action in any such county: Provided,
that nothing in this section gontained shall be construed to prevent the prosecution of
any action or proceeding by individuals or bodies corporate or politic against such
district. - ... " - -
207. ACT-How construED.] § 22. Nothing in this act contained shall be so
construed as to constitute a contract or grant between the State of Illinois and any
Sanitary district formed under its provisions, or to prevent, debar or deprive the State
of Illinois from, at any time in the future, altering, amending or repealing this act, or
imposing any conditions, restrictions or requirements other, different or additional to
any herein contained upon any sanitary district which may be formed hereunder.
298. CHANNEL–How To BE constructED.] § 23. If any channel is constructed
under the provisions hereof by means of which any of the waters of Lake Michigan
shall be caused to pass into the Desplaines or Illinois river, such channel shall be con-
structed of sufficient size and capacity to produce and maintain at all times a continu-
ous flow of not less than 300,000 cubic feet of water per minute, and to be of a depth
of not less than fourteen feet, and a current not exceeding three miles per hour, and iſ
any portion of any such channel shall be cut through a territory with a rocky stratum
where such rocky stratum is above a grade sufficient to produce a depth of
water from Lake Michigan of not less than eighteen feet, such portion of said channel
shall have double the flowing capacity above provided for, and a width of not less than
one hundred and sixty feet at the bottom capable of producing a depth of not less than
eighteen feet of water. If the population of the district draining into such channel .
shall at any time exceed 1,500,000, such channel shall be made and kept of such size
and in such condition that it will produce and maintain at all times a continuous
flow of not less than 20,000 cubic feet of water per minute for each 100,000 of
the population of such district, at a current of not more than three miles per
hour, and if at any time the general government shall improve the Desplaines or
Illinois rivers, so that the same shall be capable of receiving a flow of 600,000 cubic
feet of water per minute, or more, from said channel, and shall provide for the
payment of all damages which any extra flow above 300,000 cubic feet of water per
minute from such channel may cause to private property so as to save harmless the
said district from all liability therefrom, then such sanitary district shall within
one year thereafter, enlarge the entire channel leading into said Desplaines or
Illinois rivers from said district to a sufficient size and capacity to produce and main-
tain a continuous flow throughout the same of not less than 600,000 cubic feet of
water per minute, with a current of not more than three miles per hour, and such
channel shall be constructed upon such grade as to be capable of producing a depth
of water not less than eighteen feet throughout said channel, and shall have
a width of not less than one hundred and sixty feet at the bottom, in case a
channel is constructed in the Desplaines river as contemplated in this section it
shall be carried down the slope between Lockport and Joliet to the pool commonly
known as the upper basin of sufficient width and depth to carry off the water the chan-
nel shall bring down from above. The district constructing a channel to carry water
from Lake Michigan of any amount authorized by this act, may correct, modify and
DRAINAGE. 9
remove obstructions in the Desplaines and Illinois rivers wherever it shall be necessary
so to do to prevent overflow or damage along said river, and shall remove the dams at
Henry and Copperas Creek in the Illinois river, before any water shall be turned into
the said channel. And the canal commissioners, if they shall find at any time that an
additional supply of water has been added to either of said rivers, by any drainage
district or districts, to maintain a depth of not less than six feet from any dam owned
by the State, to and into the first lock of the Illinois and Michigan Canal at La Salle,
without the aid of any such dam, at low water, then it shall be the duty of said canal
commissioners to cause such dam or dams to be removed. This act shall not be con-
strued to authorize the injury or destruction of existing water power rights. -
209. , CHANNEI, when coxſpli:TED—CONTROL OF..] § 24. When such channel
shall be completed, and the water turned therein, to the amount of three hundred thou-
sand cubic feet of water per minute, the same is hereby declared a navigable stream,
and whenever the general government shall improve the Desplaines and Illinois rivers
for navigation, to connect with this channel, said general government shall have full
control over the same for navigation purposes, but not to interfere with its control for
sanitary or drainage purposes.
210. MAY PERMIT TERRITORIES ouTSIDE To DRAIN, ETC.] § 25. Any district
formed hereunder shall have the right to permit territory lying outside its limits and
within the same county to drain into and use any channel or drain made by it, upon such
payments, terms and conditions as may be mutually agreed upon, and any district formed
hereunder is hereby given full power and authority to contract for the right to use any
drain or channel which may be made by any other sanitary district, upon such terms as
may be mutually agreed upon, and to raise the money called for by any such contract in
the same way and to the same extent as such district is authorized to raise money for any
other corporate purposes: Provided, that where the united flow of any sanitary districts
thus co-operating shall pass into any channel constructed within the limits of the county
wherein such districts are located, and which passes into the Desplaines or Illinois,
rivers, such united flow shall in no case and at no time be less than 20,000 cubic feet
of water per minute for each one hundred thousand of the aggregate of the population
of the districts co-operating: Provided, nothing in this act shall in any wise be so
construed as to diminish, impair or remove any right or rights of any city, village,
township or corporation, body politic or individual situated on the Desplaines or llli-
nois rivers or their tributaries and within the valleys of the same to use the channel
for drainage or otherwise not inconsistent with the rights of the district constructing
the same as expressed in this act.
211. WHEN CITY OR VILLAGE owns WATERWORKs, ETC.] § 26. Whenever in
any such sanitary district there shall be a city, incorporated town or village, which
owns a system of waterworks and supplies water from a lake or other source which
will be saved and preserved from sewage pollution, by the construction of the main
channel, drain, ditch or outlet herein provided for, and the turning of the sewage
of such city and district therein, and there shall be in such sanitary
district any territory bordering on any such city, incorporated town or
village within the limits of another city, incorporated town or village,
which does not own any system of waterworks, at the time of the creation
of such sanitary district, then upon application by the corporate authorities of such
latter named city, incorporated town or village the corporate authorites of such city,
incorporated town or village having such system of waterworks shall furnish water at
the boundary line between such municipalities by means of its waterworks to the cor-
porate authorities asking for the same in such quantities as may be required to supply
consumers within said territory, at no greater price or charge than it charges and col-
lects of consumers, within its limits for water furnished through meters in like large
quantities. - -
212. WHEN CHANNEL CONSTRUCTED–com MISSIONERS TO BE APPo1NTED TO IN-
SPECT ITS WORK.] § 27. If any channel shall be constructed under the provisions of
section 23 of this act, it shall be the duty of the trustees of such district, where such
channel shall be completed, and before any water or sewage shall be admitted therein,
to duly notify, in writing, the Governor of this State of such fact; and the Governor
shall thereupon appoint three discreet persons as commissioners, one of whom shall
be a resident of the city of Joliet, or between said city and the city of La Salle, and one
a resident of the city of La Salle, or between said city and the city of Peoria, and one
10 DRAINAGE.
a resident of the city of Peoria, or between said city and the mouth of the Illinois river,
to inspect said work. The said commissioners shall, within ten days after such appoint-
ment meet at the city of Chicago, and shall appoint a competent civil engineer, and they
may employ such other assistance as they may require to expeditiously perform their
duties. The said commission shall take as their datum line for the survey the datum
established by the Illinois and Michigan Canal Trustees in 1847, and shall make such
examination and surveys of Chicago river and of the channel or channels authorized
by this act as shall enable them to ascertain whether said channel is of the character
and capacity required by this act. And in case they shall find the work in all respects
in accordance with the provisions of section 23, of this act, they shall so certify to the
Governor, who shall thereupon authorize the water and sewage to be let into said
channel. But in case said commissioners shall find said channel is not constructed
in accordance with the provisions of this act, it shall be their duty to
file in any court of competent jurisdiction, on the chancery side thereof, in
their name as such commissioners, a bill against said corporation, which bill shall set
forth wherein said work is deficient and fails to comply with the provisions of this
act; and said court shall thereupon issue an injunction without bond against said
defendant, enjoining and restraining it from admitting water or sewage into said
channel until the final order of the court. And in case said court, upon hearing, shall
determine that said channel is not constructed in accordance with the provisions of
this act, said injunction shall be continued until the provisions of this act shall have
been fully complied with.
Such commissioners and engineer shall receive for their services ten dollars per day
each, and their reasonable expenses and outlays for the time by them necessarily em-
ployed in the discharge of their duties, which shall be paid to them from the State
Treasury; and the said sanitary district shall reimburse the State for all expenses and
disbursements on account of said commission.
If any channel is constructed under the provisions of this act which shall discharge
he sewage of a population of more than 300,000 into or through any river beyond or
without the limits of the district constructing it, the same shall be constructed in accord-
ance with the provisions of section 23 of this act, and iſ any such channel receives its
supply of water from any river or channel connecting with Lake Michigan it shall be
construed as receiving its supply of waters from Lake Michigan.
UNITED STATES.
IMPROVEMENT OF THE ILLINOIS AND DESPLAINES RIVERS.
SECTION. - SECTION.
18. Repeal. & 20. Conditions—removal of dam.
19. Works ceded to the United States on condition. 21. Basis of act of cession.
AN ACT in reference to the improvement of the Illinois and Desplaines Rivers, and to repeal an act on titled “An
act to cede Certain Jocks und drums in the Illinois River to the United States,” approved May 31, 1887, in force
May 31, 1887. Approved June 4, 1889. In force July 1, 1889.
18. , REPEAL.] § 1. Be it enacted by the People of the State of Illinois, repre-
Servted in the Général Assembly, That an act entitled “An act to cede certain
locks and dams in the Illinois river to the United States,” approved May 31, 1887;
in force May 31, 1877, and ceding the State Works at Henry and Copperas Creek,
and the pools created by said works, to the General Government upon certain con-
ditions as to the opening of a waterway of a depth of seven feet from the Mississippi
river to Lake Michigan, upon plans to be determined by United States engineers
is hereby repealed. *
19. WoRKS CEDED TO THE UNITED STATES ON conDITION.] § 2. That the State
Works at Henry and Copperas Creek, and the river now slack-watered by said
works, are hereby ceded to the United States, on condition that the dams shall be
removed whenever the depth now available for navigation can be secured and main-
tained by channel improvement without the aid of said dams: Provided, that said
depth shall be assured upon the removal of said dams, or that such removal shall not
materially impair navigation.
DRAINAGłº-JOINT RESOLUTION. 11
20. ConDITIONs—REMOVAL OF DAM.] § 3. That in the event of the non-accept-
ance of these works upon the conditions mentioned in section 2, within four (4)
years after this act becomes a law, the Canal Commissioners of the State of Illinois
are authorized and instructed to remove the dams at Henry and Copperas Creek.
21. BASIs of ACT of CESSION.] § 4. That the State of Illinois bases this act of
cession upon the condition that the plan of improving the Illinois river below La Salle
by slack-water maintained by dams and locks, be changed to a plan of improvement by
means of an open channel in conjunction with a water supply from Lake Michigan.
[This act is in place of sections 18 and 19, on page 1821, Hurd's Revised Statutes, 1887–ED.]
JOINT RESOLUTION.
WHEREAs, The present addition to the low water volume of the Illinois River
through the summit level of the Illinois and Michigan Canal from Lake Michigan
more than doubles the volume of water used in the estimate of 1868 for the chan-
nel below Peru, and adds 50 per cent. to the volume used in the estimate of 1880
for the channel below Copperas Creek, and said contribution from Lake Michigan
will be increased in the immediate future, thus enabling the depth now projected
for navigation below Peru to be obtained by channel improvement at moderate
cost, and with decided advantage to material interests and to healthfulness along
the valley. -
WHEREAs, It is contemplated to increase the volume from Lake Michigan to
300,000 cubic feet per minute within a few years, and ultimately to add 600,000
cubic feet or more, thus enabling a large depth for navigation to be obtained by
an improved channel, and that said channel will be self-sustaining and self-improv-
ing and will discharge flood waters more readily, thus benefitting the bordering
lands and increasing the healthfulness of the valley;
WHEREAs, Works now projected by the city of Chicago will form part of a
water-way of large proportions from Lake Michigan via the Des Plaines and Illinois
Rivers to the Mississippi River, of which the dams and locks upon the alluvial
section of the Illinois River can form no part, and which, if allowed to remain,
will increase, overflow and be detrimental to the welfare of the Illinois Valley
and the interests of the State; Therefore, be it
Jēesolved, by the Senate, the House of Jęepresentatives concurring herein:
1. That it is the policy of the State of Illinois to procure the construction of a
water-way of the greatest practicable depth and usefulness for navigation from
Lake Michigan via the Des Plaines and Illinois Rivers to the Mississippi River, and
to encourage the construction of feeders thereto of like proportions and usefulness.
2. That the United States is hereby requested to stop work upon the locks
an dams at La Grange and at Kampsville, and to apply all funds available and
future appropriations to the improvement of the channel from La Salle to the
mouth with a view to such a depth as will be of present utility and in such man-
ner as to develop progressively all the depth practicable by the aid of a large water
supply from Lake Michigan at Chicago. .
3. That the United States is requested to aid in the construction of a channel
not loss than 160 feet wide and 22 feet deep with such a grade as to give a velocity
of 3 miles per hour from Lake Michigan at Chicago to Lake Joliet, a pool of the
Des Plaines River immediately below Joliet, and to project a channel of similar
capacity and not less than 14 feet deep from Lake Joliet to La Salle, all to be
designed in such manner as to permit future development to a greater capacity,
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Works wholly in the State of
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rectly applied.
A. Zeese & Co.,