To City Clerk, Sesser:

"Under the circumstances described in your letter, an affirmative vote by at least four aldermen will be required to pass any measure.

"Where three aldermen vote in favor of a measure, the Mayor could cast the deciding vote.

"This method of voting will apply to all measures except those covered by a special statute as to the number of votes required for passage."

To Attorney, Durand:

"I believe that under the city manager form, all appointments to executive or administrative offices would be made by the manager; but boards that are created by statutes other than those found in the Cities and Villages Act would still be appointed in the manner provided by the Act providing for such boards.

"For example, a city library board, under Chapter 81, would still be appointed by the Mayor, with the consent of the Council as provided in the Library Act.

"Even after the numerous amendments that have been made, there are still questions under the city manager act that can not be definitely answered."

To City Attorney, Centralia:

"I believe most attorneys have construed the provisions of 58-1 of Chapter 24 relating to letting contracts without calling for bids on a two-thirds vote as not applying to commission form municipalities.

"As you note, however, the opinion in Huggins v. Pinckneyville, 239 Ill. App. 213, this can be used as authority for applying this provision to commission form cities also.

"A general tax to pay general obligation bonds is not a special tax within the meaning of 58-1."

To Corporation Counsel, Morton:

"I believe a municipality has the power to sell a public utility owned and operated by it when the Board or Council determines that this would be to the best interests of the municipality, as indicated in your letter of December 12th."

To Alderman, Macomb:

"Where there are eight members of a City Council—one seat being vacant so that seven attend the meetings—and four members vote for the enactment of an ordinance or other measure—the Mayor can then cast the deciding vote in favor of the enactment."

To City Attorney, Flora:

"Most County Clerks will spread a special tax that has been authorized by referendum without requiring a certificate showing that the referendum was held. Some require a certificate showing a canvass of the returns.

"As a practical matter, it would be well to check with your County Clerk and see what he requires.

"Of course a tax objector can compel you to prove up in court the entire proceeding leading to the election and the results.

"I don't think there is any necessity for passing a resolution establishing a maximum tax rate under 643 of Chapter 120 for a referendum held since 1951."

To Village Clerk, Hanna City:

"The regulation of traffic and parking is the responsibility of the village rather than of the school board."

To City Attorney, Jacksonville:

"Since the Revenue Act makes the lien for special assessments equal to the lien of delinquent general taxes, the remedies for collection of general taxes are available also for the collection of special assessments."

To Commissioner, Clinton:

"The requirement of residence applies only to those who are technically officers and not to those who hold a position of employment with the city. The positions you mention in your letter may be either offices or positions of employment, depending upon the ordinance creating them. This matter should be taken up with the city attorney.

"No officer of the city can be interested, directly or indirectly, in a contract to be paid by the city. One who acts as Engineer for the city on street work could hardly be at the same time engaged in selling concrete or anything else to a contractor doing street work for the city."

To Treasurer, Vandalia:

"The statute recites that the annual treasurer's report must be in detail.

"As a matter of actual practice, most municipalities detail the treasurer's report to about the same extent that the appropriation ordinance is detailed, and most people feel that is substantial compliance with the statute."

To City Attorney, Geneva:

"I agree with you that a city could hire a forester or direct the Superintendent of Public Works to perform forestry work without the necessity for a special ordinance on the subject.

"An ordinance would be necessary it you create an office, but not for merely hiring an employee."

To Alderman, Macomb:

"Although a municipality may have reached the population calling for an additional number of aldermen, the acts of the Council are valid if the Council continues to function without increasing the number. Mandamus would lie to compel the creation of the additional ward.

"No alderman can profit directly or indirectly by any contract to which the city is a party. Whether the particular facts involved in your municipality would constitute a violation of this rule should be taken up with your city attorney."

To City Attorney, Watseka:

"I do not have any particular authorities as to the power to tax as costs in an ordinance violation case any amount for the services of the policeman who makes the arrest. I do not see how such an item could be included, although of course where a summons or warrant is served, the cost of service may be taxed as part of the cost where there is a finding of guilty."

12

To Attorney, Tilden:

"I believe that under Chapter 24, Par. 23-74, as amended, a municipality may agree to furnish fire fighting service to property outside the corporate limits.

"I can not see that there would be any liability on the municipality if, because the fire department apparatus was busy somewhere else, damage resulted because of a delayed response. After all, fire fighting is a distinctly governmental function."

To Attorney, Deer Creek:

"I believe that cities have the power to sell or dispose of a municipal utility if, in the determination of the governing body, it is to the best interest of the municipality to do so."

To Attorney, Des Plaines:

"I do not believe that the remarriage of a widow with one minor child would bar her minor child from receiving police pension fund benefits, although by remarriage, she forfeits her own claim to such benefits.

"I agree with you that the statute is not clear, but the above seems to be a sensible interpretation.

"I am glad to see that my construction agrees with yours."

To Attorney, Galesburg:

"The only way to establish, a governing body for an Illinois community is by the creation of an incorporated city or village."

To Attorney, Silvis:

"With regard to your inquiry concerning committees on the City Council in Sullivan, since there is no statute stating how committees shall be appointed, I think the Council has the power to determine the method of appointment, the number of committees, and the membership thereon.

"An ordinance establishing committees or the method of appointment could be repealed or amended at any time."

To Attorney, Clinton:

"If there is a statute describing any particular position as a 'muncipal office,' then of course the holder of that position is technically an officer. This is true of all elected officials—the Chief of Police, the Chief of the Fire Department and the Treasurer and Clerk.

"It may be also that under a recent amendment to the Pension Fund Act all policemen are officials, but that issue has not been determined yet.

"The status of other positions is determined by the ordinance establishing the position. If the ordinance says in effect: 'There is hereby created the office of ..........', then the position is an office. Otherwise it is a position of employment."

To Director of Public Works, Evanston:

"Any type of blanket fidelity policy to cover public employees would be valid as far as law is concerned it it contained the necessary protective provisions.

"Undoubtedly there would have to be a special provision for the treasurer.

"I do not know what Illinois muncipalities, if any, have adopted this type of fidelity insurance."

To Administrative Assistant, Bloomington:

"Cities and villages are now given the power to regulate traffic, and the clause 'except as to speed' which formerly appeared in the statutes now is no longer there.

"Consequently, I feel that a municipality may incorporate in its traffic ordinance speed regulations identical with those of the statute.

"The power to establish speed regulations different from those found in the statute is very doubtful."

To City Clerk, Arcola:

"There is no requirement that the Mayor sign the minutes of a Council meeting."

To City Clerk, Streator:

"Many municipalities have had a special Federal census to enable them to receive additional motor fuel tax money based on an increase in population.

"Information as to the procedure and cost ot a Federal census may be obtained by writing to the Bureau of the Census, Washington 25, D.C."

To Village Clerk, Oconee:

"In municipalities of under 500 population in which no newspaper is published, the Treasurer's report may be published by posting in three prominent places within the municipality."

To City Clerk, Red Bud:

"Real estate taxes should not be levied against property owned by the city and used for general corporate purposes.

"Your assessor should be notified as to what property you own."

To City Clerk, Hoopeston:

"I do not believe that the Minimum Wage Law for policemen would apply to a special policeman serving part time only."

To City Clerk, Streator:

"There is no provision that I can find in the statutes to authorize shutting off the water supply from a consumer who has failed to pay his municipal sewer charge when the water is furnished by a private corporation.

"There might be provision in the ordinances permitting the private company to serve only those persons who have paid the municipal sewer charge, but the validity of such a provision would be open to question until passed upon by the courts."

To Chief of Public Health and Safety, Braceville:

"The matter of constructing an outbuilding and its proximity to neighboring property is one that can he covered by ordinance. In the absence of an ordinance on the subject, the only question would be whether or not an actual nuisance exists.

"Unless you have an ordinance on the construction of fences, a citizen cannot complain because a neighbor builds an unsightly fence."

To Attorney, Mt. Vernon:

"The Municipal League has a proposed traffic ordinance for the State which includes provisions which I think will help you.

"This can be obtained from the Executive Office in Springfield."

To Attorney, West Frankfort:

"As I recall it, there is a provision in the Firemen's Pension Law and in the Police Pension Law providing for men who have been on the force for years prior to the adoption of the Act to make some contribution based upon their past service. I have not read the Act in detail recently. Unless there is such a provision in the statute, there would be no way to get additional contributions from such men.

"I agree with you that a surplus left in the garbage or other similar accounts may be transferred to the corporate fund at the end of the year. (See People v. Glencoe, 372 Ill. 280.)"

To Attorney, Addison:

"I do not believe cities have the power to require that a subdivider include a deed restriction as to the size or cost of buildings in a subdivision.

"I believe that we do have the power to establish minimum floor areas for buildings as a part of zoning."

To Attorney, Breese:

"As I read Section 58-1 of Chapter 24 relating to letting contracts, it provides that in any city other than one of over 500,000, contracts may be let without calling for bids by a two-thirds vote, except contracts payable out of special assessments."

To Attorney, Joppa:

"It is provided in Revised Statutes, Chapter 24, Par. 9-6 and 9-89 that an officer must qualify within ten days of receiving official notice of his election or appointment.

"Insofar as a trustee is concerned, the trustee qualifies merely by filing his oath with the Village Clerk."

To Attorney, Breese:

"Illinois Revised Statutes, Chapter 24, Par. 68-1, provides that a municipality may let any contract, regardless of size, without calling for bids, upon a two-thirds vote of the governing body; this does not apply to contracts payable out of special assessmetts and probably does not apply to commission form cities."

To Mayor, Pittsfield:

"I do not believe that Chapter 24, Par. 23-9 authorizing a municipality to license maintenance electricians or, in fact, anybody other than an electrical contractor."

To Attorney, Cissna Park:

"In the nature of things, I do not believe that the office of Village Clerk and Village Treasurer can be combined.

"The statutes contemplate these as being held by separate men, and of course, there is a specific provision that the Treasurer can issue checks only upon warrants signed by the Village President and the Village Clerk."

To Attorney, Naplate:

"In Baker v. Normal, 81 Ill. 108 and Mt. Carmel v. Shaw, 155 Ill. 37, the Supreme Court held that trees in the berm or parkway belong to the municipality, no matter who planted them.

"It would follow that the municipality is responsible for the trimming or removal of such trees, since they grow on the street even though not on the paved portion thereof."

To Attorney, Murphysboro:

"I believe the procedure you describe in your letter of June 20th could be followed; but the method to accomplish it would be difficult to work out.

"The city could sell the lien of its special assessments against the tract concerned as part of the transaction by which it acquired the 12 acres at an agreed nominal price."

ILLINOIS MUNICIPAL REVIEW—THE VOICE OF ILLINOIS MUNICIPALITIES 15

To Alderman, Quincy:

"Arterial streets are established by the City Council, but must be approved by the Division of Highways.

"Part of the motor fuel tax money may be used for non-arterial streets, but all expenditures of motor fuel tax money must be approved by the State Division of High-ways.

To Attorney, Wood River:

"Municipalities are authorized to license electrical contractors and to charge, a fee of not to exceed $25.00.

"Any contractor registered in a municipality may do business in any other municipality without paying any additional fee. This is independent of the code of regulations covering the installation of electrical wiring. (See Ill. Rev. Statutes, Chapter 24, Par. 23-95.)"

To Village Clerk, Oblong:

"Even though a village is part of a fire protection district, there is no way in which the village could be held liable because of damage by fire; and I believe the same is true of the fire protection district itself.

"The question whether to permit the fire fighting apparatus to serve outside the limits of the district is one of policy rather than one involving potential legal liability for damages against a district or the village."