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Section CH.01 Charter.
AN ACT TO INCORPORATE THE VILLAGE OF WINNETKA.
Section 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly; as follows, The inhabitants of all that territory or area in township forty two (42) north of range thirty (13) east in the County of Cook and State of Illinois, and described as follows, viz. All that portion of the south east fractional quarter of section eight (8), the west fractional half of section sixteen (16), fractional section seventeen (17) except north half of north west quarter of said section seventeen (17) , the south half and south half of north half of section eighteen (18), section nineteen (19) section (20) twenty, fractional section twenty one (21), and southwest fractional quarter of section twenty two (22); also the bed and water of Lake Michigan to the width of one half mile adjoining and contiguous to the territory aforesaid, shall form, and constitute, and they are hereby constituted a body corporate and politic for municipal purposes under the name and style of "the Village of Winnetka" and by that name shall have perpetual succession and by said name may sue and be sued in all courts of law and equity in this state and may have and use a common seal and alter the same at pleasure; and may purchase, take, receive and hold personal property and real estate within the limits of said corporation, but not elsewhere, may lease, sell and convey the same and do all other lawful acts within the scope of this act of incorporation the same as natural persons do.
Section 2. Whenever any tract of land adjoining the said Village of Winnetka shall be laid off into town lots and duly recorded as required by law, the same shall be annexed to and form a part of said Village of Winnetka; provided that the council of said village or a majority of the same shall assent to such annexation by vote at a regular meeting of said council.
ARTICLE II. OFFICERS AND ELECTIONS.
Section 1. The municipal government of said village shall be composed of a president and five (5) trustees who, together, shall constitute the council of the Village of Winnetka. The other elective officers of said corporation shall be two (2) police justices, a marshal who shall be ex officio collector, an assessor, and a treasurer of said village. All of the above-named officers shall be elected by the legal voters of said village. The parties receiving the greatest number of votes for said offices respectively, shall be declared elected to such offices.
Section 2. The above-named offices shall be elected annually on the first Tuesday of April, and shall hold their offices respectively for one year, except the police justices who shall hold their offices for four (4) years, and until their successors are elected and qualified. At the first election to be holden under this act, Artemus Carter, James L. Willson and Thomas M. Thompson shall be the judges of said election and shall post notices of the time and place of holding the same in three of the most public places in said village for the space of ten day before said election, and shall perform all the other legal and proper duties of judges of said election, and shall count and declare the votes and notify the officers elected, of their election, and in case of a tie in the vote for any of the election officers, the candidates for any such office shall draw lots for such office in the presence of and under the direction of the judges of the election, who shall thereupon declare the candidate or candidates upon whom the lot falls, duly elected to such office or offices respectively.
Section 3. All citizens of the United states qualified to vote at any election held under this act shall be eligible to office under this act. The council shall have power to regulate elections and appoint judges thereof and make all necessary provision and rules therefor. The voting shall be by ballot, and the judges of elections shall take the same oath and have the same powers as the judges of general state elections. No person shall be entitled to vote at any election under this act who is not entitled to vote at state elections, and has not been a resident of said village for at least one month if a freeholder and three months if not a freeholder next preceding said election.
Section 4. The council shall appoint a resident of said village to the office of clerk of the council with such compensation and under such bond and conditions as they shall deem fit and just. It shall be the duty of the clerk to keep the corporate seal and all papers and books belonging to said village, and also to keep correct minutes of all the proceedings of said board; he shall also record in a book to be kept for that purpose all the ordinances, orders, or regulations passed by said board of a police or sanitary character, and also he shall record in a separate book to be kept for that purpose all orders for special assessments. All said records shall be open for inspection of any inhabitant of said village; and said clerk shall perform such other duties as the council shall direct.
Section 5. Whenever any vacancy shall occur in any of the election offices by death, removal from said village or other cause, such vacancy shall be filled by a special election; and the council of Winnetka shall order such special election within twenty days after the happening of said vacancy. But no special election shall be held to fill any vacancy if more than nine months of the term of office has already expired, except the office of police justice, provided that in case of a vacancy in the office of marshal, the council may by ballot choose a marshal to fill such office for the unexpired term.
Section 6. Every person elected or appointed to an executive, judicial, or administrative office under this act, shall, before he enters upon the duties of his office, take and subscribe the oath of office prescribed in the constitution of this state, and such further bond as the council shall require, and file the same, duly certified by the officer before whom the same was taken, with the clerk.
ARTICLE III. OF THE COUNCIL.
Section 1. The council shall meet within five days after each annual election, and on the first Tuesday of July, October and January respectively thereafter at such place as shall be provided, or as they shall by resolution direct. The president when present, shall preside at all meetings of the council and shall vote only in case of tie. The trustees shall choose one of their number as president protem, who, in the absence of the president shall perform the duties of president; and a majority of the council shall constitute a quorum for doing business.
Section 2. The council shall have power by resolution or ordinance to appoint other officers and agents to perform special duties and fix the compensation thereof.
Section 3. The council shall have the power to determine the rules of its own proceedings, punish its members for disorderly conduct by fine or otherwise, and with the concurrent of two thirds of the members elected expel any member for disorderly conduct.
Section 4. The council shall have the control of the finances and all the property, real, personal and mixed, within the corporate limits, and shall have power within said limits by ordinance:
First: To levy and collect taxes for the purposes of said village upon all the property real and personal within the same, not exceeding six per cent per annum upon the assessed value thereof, and the council may enforce the payment of such taxes in any manner prescribed by ordinance not repugnant to the constitution of this state or of the United States.
Second: To appropriate money and provide for the payment of the debts and expenses of the village.
Third: To make regulations to prevent the introduction of contagious diseases into the village; to make quarantine laws for that purpose and enforce the same throughout the village and within one mile of the limits thereof.
Fourth: To establish hospitals and make regulations for the government and maintenance of the same.
Fifth: To make and enforce rules to secure the general health of the inhabitants of said village, to declare what shall be a nuisance, and to prevent or remove the same, and punish the authors thereof.
Sixth: To open, alter, abolish, widen, extend, establish, straighten, or otherwise improve and keep in repair, streets, lanes and alleys, sidewalks, drains, sewers, culverts and bridges and to have exclusive power and control over the same.
Seventh: To provide for lighting the streets and erecting and maintaining lamp-posts.
Eighth: To establish, regulate and support night watches.
Ninth: To establish and regulate markets and market places.
Tenth: To provide for or erect suitable buildings for the use of said village and its officers.
Eleventh: To improve, ornament and protect any park or public grounds belonging to said village, and to enforce the setting of shade trees upon the streets and punish by fine for the cutting or injury of any shade trees.
Twelfth: To license, regulate, and control pedlers, taverns, hawkers, pawnbrokers, draymen, porters and express-men.
Thirteenth: To license and regulate or prohibit and suppress shows, exhibitions, billiard tables, bowling alleys or other similar places.
Fourteenth: To prohibit and suppress gambling-houses, houses of ill-fame and other disorderly houses.
Fifteenth: To provide for the prevention and extinguishment of fires and to organize establish and regulate fire companies.
Sixteenth: To prevent and restrain horses, cattle, sheep, swine, geese and other animals from running at large, and to authorize the distraining, impounding and sale of the same for costs of the proceedings and penalty incurred and to impose penalties upon the owners thereof for the violation of any ordinance in relation thereto; to regulate restrain and prohibit the running at large of dogs, and authorize their destruction when at large contrary to ordinance; and to impose penalties on the owners or keepers thereof.
Seventeenth: To restrain and punish vagrants street beggars and prostitutes.
Eighteenth: To prohibit and suppress horse racing and immoderate driving in the streets of said village, and to prohibit and punish by fine, cruelty to animals.
Nineteenth: To prohibit and suppress the discharge of fire-arms, fire-crackers, gun-powder, the ringing of bells, blowing of horns and other practices tending to annoy the inhabitants and frighten horses in said village.
Twentieth: To erect and establish a work-house or house of correction in said village, and make all necessary regulations therefor, and appoint all necessary keepers and assistants. In such house may be confined all stragglers, vagrants, idle and disorderly persons who may be committed thereto by the proper officer.
Twenty-one: To authorize the taking and providing for the safekeeping and education for such periods as may be deemed expedient, of all children who are destitute of proper parental care, who may be found wandering about the streets, committing mischief and growing up in ignorance, idleness and vice.
Twenty-second: Said council shall have power to pass, publish, amend and repeal all ordinances, rules and police regulations necessary and proper for the government and good order of said village and to enforce the observance of all such ordinances, and to punish violations thereof by fines, or by imprisonment in the jail of Cook County, or in the village work-house in the discretion of the magistrate or justice before whom conviction may be had; but no fine or penalty shall exceed the sum of one hundred dollars, nor the imprisonment exceed six months for any one offense.
Twenty-third: The style of the ordinances shall be "The council of the village of Winnetka do ordain".
Twenty-fourth: All ordinances passed by the council shall be signed by the president, countersigned by the clerk and shall within one month after their passage be published by the clerk by posting copies of the same for five days in three of the most public places in said village to be designated by the council, and no ordinance shall be in force till signed and published as aforesaid. In all suits or other legal proceeding due publication of all ordinances of said village shall be presumed till the contrary is shown by competent evidence.
Twenty-fifth: All ordinances of said village may be proven by the seal of the corporation and when purporting to be collected and published by the authority of the council the same shall be received as evidence in all courts and places without further proof.
Twenty-sixth: The president, or any two of the trustees may call special meetings of the council of said village; and the clerk shall notify the other members of the council of such meeting at least two days before the same is held, by delivering a written notice to each one personally or leaving the same at his residence stating the time and place of such meeting.
ARTICLE IV. SPECIAL PROVISIONS.
Section 1. The council shall have power to purchase land in said village and erect thereon buildings, and make other improvements for an educational institution of a high grade, and for these purposes may borrow money and issue the bonds of said village, in such form and for such amount, and for such time not less than five nor more than twenty years, and bearing such rate of interest not exceeding ten per cent per annum, as they shall by ordinance prescribed, thereby pledging the corporate property and the faith and credit of said village for the payment of the principal and interest of said bonds, and may, in like manner, issue other and similar bonds to pay or replace said bonds when they shall become due; provided, that bonds exceeding in total amount of principal twenty thousand dollars shall not be issued in any one year, and that the amount of the principal of said bonds outstanding and unpaid shall not at any one time exceed the sum of fifty thousand dollars, and provided further, that no portion of said money shall be used for the purpose of maintaining or supporting, in whole or in part, a school in said buildings.
Section 2. For the promotion of the best interests of said educational institution and the well being of the students that may there assemble, as well as for the general welfare, no spirituous, vinous or fermented liquors shall be sold under licensed or otherwise within said village under a penalty of fifty dollars for each offense, to be recovered before any of the police justices of said village, or any justice of the peace of said county in an action of debt in the name of "The Village of Winnetka," provided, that the council of said village may license the sale of such liquors by bona fide druggists for medicinal, mechanical and sacramental purposes and none other.
Section 3. The president shall take care that all provisions and all ordinances passed in pursuance thereof are enforced, and he is hereby authorized to call on every male inhabitant of said village over the age of eighteen years to aid in enforcing such provisions and ordinances, and to suppress any riot or disorderly conduct; and any person who shall not obey such call, shall be fined not exceeding ten dollars. Whenever it shall be necessary to call out the inhabitants as aforesaid for enforcing any ordinance, or suppressing any riotous or disorderly conduct, the marshal shall have the immediate command, and said inhabitants shall act under his orders and commands, and any inhabitant who shall neglect or refuse to obey the orders of the marshal on the occasions aforesaid, shall be punished by a fine of ten dollars.
Section 4. The inhabitants of said village are hereby exempted from working on the roads beyond the limits of said village, and from paying the tax in lieu of such work.
Section 5. Said Village of Winnetka shall constitute and form one school district, and be called district number two (2). The council of said village shall be exofficio a board of education, and, in addition to the powers which school directors now have by law, shall have power to establish graded schools and a high school, build schoolhouses for the same, and to levy taxes for the erection and support of the same.
Section 6. No member of the council shall receive any compensation for his services as such, and the council are hereby prohibited from voting any present or reward to themselves or any member thereof to be paid for out of the funds of said village.
Section 7. The treasurer of said village shall receive all moneys belonging to the same, and shall keep an accurate account of all receipts and expenditures in such manner as the council shall direct. The treasurer shall file with the clerk of said village such bond as is now required by law to be filed by town treasurer, and such additional bond as the council shall direct. All moneys shall be drawn from the treasurer in pursuance of an order of the council by a treasury warrant signed by the president, and countersigned by the clerk; such warrant shall specify for what purpose the amount therein name shall be paid. The treasurer shall exhibit to the council at least twenty days before the annual election in each year, and oftener if required, a full and detailed account of all the receipt and expenditures since the date of the last annual report, and also the condition of the treasury, which account shall be filed in the office of the clerk.
Section 8. The marshal shall execute the writs or other process by the police magistrates or any judicial officers of said village, and shall have power to execute the same anywhere in Cook County, and shall be entitled to the same fees for service and traveling as are allowed to the sheriff for services of like character. Said marshal shall, by virtue of his office, be a constable of Cook County, and shall possess and exercise the power and authority of a constable at common law and under the statutes of this state, and shall receive like fees, and shall enter into bond as such constable, to be approved by the county clerk as in other cases. He shall execute and return all process issued by any proper officer under this act, or any ordinance in pursuance thereof.
Section 9. The police magistrates under this act shall be ex officio justices of the peace for Cook County and shall do and perform all the duties now required by law of justices of the peace of said county, and shall have and exercise like powers, and be entitled to like fees for like duties; and in addition thereto shall have power and authority to hear, try and punish all persons violating this act or the ordinances passed in pursuance thereof in such manner as may be prescribed by the ordinances of said village; and all fines and penalties when collected shall be paid to the treasurer of said village; provided, that any fine or penalty may be remitted or any person imprisoned may be discharged by a vote of the council. The right of appeal and change of venue shall exist as is provided by law in the case of other justices of the peace.
Section 10. The assessor shall perform all the duties in relation to the assessing of property for the purpose of levying the taxes imposed by the council. In the performance of his duties he shall have the same powers within said village as are or may be given by law to town or county assessors, and be subject to the same liabilities. On completing the assessment lists he shall sign and return the same to the council and shall perform such other duties as he shall be prescribed by the council, and be entitled to such compensation as is provided by law or as the council shall fix.
ARTICLE V. SPECIAL ASSESSMENTS AND TAXES.
Section 1. The assessor and two other voters and freeholders of said village to be appointed by the council shall be the commissioners of special assessments; and when any improvement which said council is authorized by this act to make is directed by the council to be made, said commissioners, after having taken and subscribed an oath to be administered by the clerk for the faithful performance of their duties in the premises, shall proceed to view the premises where such improvement is ordered, make an estimate of the cost of the same, determine what proportion of said cost should be paid by the property benefitted and what proportion should be paid out of the general fund, and make their report to the council which report shall include a copy of the proposed assessment, and thereupon the clerk shall post notices in three of the most public places in said village for the space of five days, to all persons interested in the completion of such report and filing of the same. Time and place shall be designated in such notice for hearing objections to such report and any person interested may appeal to the council in writing for the correction of the same, such appeals to be filed with the clerk within five days after the notice above-mentioned; the council shall have power to considers such appeals and to revise and correct such report, or reject the same and order a new report, as they may deem just; and if said report is confirmed by the council, the commissioners shall proceed to assess the property deemed benefitted by such improvement in proportion to the benefits, and in accordance with the report so confirmed by the council, and shall complete and sign the assessment list and return the same to the council; which assessment so made and confirmed shall be final and conclusive on all parties interested, and shall be collected as hereinafter provided; provided, that all owners of property abutting which any side-walk is ordered by the council may build the same in accordance with the specifications and within the time provided, and on their failure so to build the same, the council shall order the same to be built as hereinbefore provided, an all assessments for sidewalks shall be levied upon the property abutting such sidewalks.
Section 2. The commissioners of special assessments of said village shall superintend all public improvements in the same, and carry into effect all orders of the council in relation thereto, and see that all improvements and public works are done and made according to specifications; they may make and sign contracts with proper parties for the performance of the work and furnishing materials for any of the improvement authorized by this act, and when such work shall have been performed, and the materials furnished in accordance with said specifications and contract the said commissioner shall approve and audit the account or contract for such labor and materials, and thereupon such contracts or accounts shall be paid out of any funds in the treasury legally applicable thereto and not otherwise appropriated; provided, that the owner of any lot or premises adjacent to which any improvement has been ordered by the council, and for the making of which said lot or premises is taxed, may perform the work and furnish the materials by the council according to the specifications of said commissioners, and in accordance with and under their directions, who shall thereupon furnish to such owner a voucher certifying the facts of such performance, and the amount to be credited therefor; and such voucher shall be receivable in payment of any taxes for improvements.
Section 3. Private property may be taken for opening, widening or altering any street or alley, or for making any improvement authorized by this act, just compensation being made therefor by the council, such compensation to be ascertained by the commissioners of special assessments after deducting the value of benefits to the balance of the property, of which a part is so taken, by reason of such improvements; and said commissioners shall at the same time determine what other property is benefitted by such improvements and the amount of such benefits and asses the same as provided in the preceding section.
Section 4. In all cases the title to the land taken or condemned in the manner aforesaid, as well as the title to all streets and alleys in said village shall be vested absolutely in fee simple in said village of Winnetka.
Section 5. If the first assessment proves insufficient another may be made in the same manner; or if too large a sum shall in any case be raised, the excess shall be refunded rateably to those by whom it was paid.
Section 6. When such assessment shall have been confirmed as hereinbefore provided, and no appeal shall have been taken, it shall be the duty of the clerk to file the same in the officer of the clerk of the county court of Cook County and it shall be the duty of the clerk of said county court to issue a special warrant for the collection of such assessments at the same time the warrant next thereafter to be issued for the collection of state and county taxes levied upon the real estate of said village is issued, and to set down in a column for that purpose provided, opposite the several lots, pieces or parcels of real estate upon which assessment have been made for benefits hereinbefore provided, the amounts of said assessments respectively, and it shall thereupon be the duty of the collector of said village to collect the said assessments and enforce the payment thereof, in the same manner and with all the rights, powers and authority that the collector of state and county taxes has, and shall pay the same over to the treasurer of said village, and said collector shall return the delinquent list of property to the clerk of the county clerk of Cook County on or before the day of June of each year and as soon as the like lists as returned by the town collectors in said county of Cook, and said clerk shall advertise the delinquent property so returned by said collector with other property to be sold for state and county taxes, and the proper court of said county shall render judgment against and order the sale of any lot, piece or parcel of real estate in said village for the non-payment of the said assessments and costs in the same manner and at the same time as is or may be provided for state and county taxes, and judgment shall be rendered for the aggregate amount due for county, state and other taxes, and the assessments aforesaid. The sale shall be conducted upon the same notice and judgment, and in the same manner as is or may be provided by law for state and county taxes. The right of redemption shall exist and be exercised in the same manner, and deeds for property sold for any assessments levied under this act shall be executed by the same persons, and shall have the same validity and effect as evidence as deeds executed in pursuance of the laws no in force or hereafter to be enacted providing for the collection of state and county taxes in counties adopting the township organization.
The collector of said village shall receive the same compensation for the collection of said assessments as is allowed for the collection of state and county revenue, to be paid out of the proceeds of such assessments when collected; and said collector shall perform such other duties as the council shall be ordinance direct.
Section 7. It shall be the duty of the clerk of the county court of Cook County each and every year to include in such special warrant the school tax assessed upon the property of said village; and the same shall be collected by the collector of said village and paid over to the treasurer of said village to be used solely for the support of schools therein.
Section 8. This act is hereby declared to be a public act and may be read in evidence in all courts and places within this state without proof, and shall be construed liberally for the purpose of carrying into effect the powers hereby granted, and shall take effect and be in full force from and after its passage.
Speaker of the House of Representatives.
Speaker of the Senate.
Approved, March 10-1869
JOHN P. PALMER