To Alderman, Marengo:

"The special assessment or special taxation proceedings for installing a sidewalk and charging the cost to the owners of abutting property are not acceptable for merely one or two pieces of walk. They are designed for the construction of a complete system of sidewalks for an entire block or more.

"Aside from special assessments or special taxation, there is no method to compel a property owner to put in a sidewalk."

To Attorney, Manhattan:

"The new Local Improvement Act, found in Chapter 24 of the Revised Statutes, Par. 84.1 and following, provides for a great deal more to be done in the course of spreading a special assessment than is required in the old Act, and so far as I know, the validity of the new Act has never been tested in court.

"Consequently, most municipalities follow the old Act."

To Alderman, Orient:

"Delapidated houses that are in such a condition as to be dangerous from the standpoint of health or fire hazards may be removed, or the owner may be compelled to remove them or to correct the defects.

"In the April, 1953 issue of the ILLINOIS MUNICIPAL REVIEW you will find an article and a suggested ordinance on dangerous buildings which you can use to meet the situation you describe in your letter."

To Village Clerk, Hettick:

"A vacancy in the office of Village President may be filled by appointment by the Trustees, or by a special election.

"A president pro tem who is selected merely to preside because of the temporary absence of the Village President continues as a trustee and votes only as a trustee.

"An Acting President appointed to fill out the unexpired term does not vote as a trustee."

To Alderman, Peru:

"I doubt that the Commerce Commission would authorize a privately owned utility company to serve consumers in a municipality where there is a municipally owned utility company.

"The municipality can not compel the privately owned utility to pay a fee for the use of the streets."

To Mayor, Harrisburg:

"The Mayor is Chief Executive, but ordinarily the method for hiring employees is covered by ordinance, or the Council may assign to any official the authority to hire and discharge employees.

"Appointments to offices are made in the manner provided by statute."

To Village Clerk, Ashton:

"The sales tax is payable where the sale is actually completed.

"The State Department of Revenue has a set of rules to govern situations such as you describe in your letter."

To City Attorney, Geneva:

"A city has the power to pay toward the cost of the construction of a street in a new subdivision, but I know of no authority to pay for a part of the cost of a street pavement or other improvement three years after the improvement was constructed where there was no agreement to this effect at the time the work was undertaken."

To Village Attorney, Zion:

"I know of no authority for a municipality under the general Cities and Villages Act to give real estate to a school board without compensation."

To City Attorney, Vandalia:

"In the regulations as existed prior to 1941, in Chapter 95 1/2 relating to traffic, the provision granting municipalities the power to regulate traffic by regulations not in conflict with the Statutes formerly had the phrase:

"I do not recall the precise section where this phrase formerly appeared, but I believe it was in the 1935 act in relation to regulating traffic."

To City Attorney, Geneva:

"I don't think there is anything to prevent a municipality from charging the same license fee for dealers in alcoholic liquor who are permitted to sell food as for those who are not permitted to sell food, or where a dealer is restricted to serving liquor with food only."

To Mayor, Mt. Vernon:

"The question whether the Mayor or Liquor Commissioner has the power to appoint policemen depends upon the ordinances; the Council determines how many policemen there shall be and what the salaries may be.

"No salary may be paid unless the Council has made provision for such payment."

To Corporation Counsel, Aurora:

"Where a municipality permits special connections of a burglar alarm system to the police station, I believe it has the power to make a charge for false alarms which come in because of the mechanical condition of the system."

To Village Treasurer, Hillside:

"The special assessment books showing the issuance of bonds and the collection of assessments must be kept in the manner provided by statute; and necessarily are rather bulky.

"The League does not have any special forms that it recommends for the purpose."

To Mayor, Princeton:

"We do not have any recommended ordinance to outline the duties of a city nurse who works in connection with the high-school and grade-school Board.

"In actual practice, I do not know of any municipality which outlines the duties of the city nurse in detail."

To Police Chief, Carmi:

"There is no law requiring that a ticket for a parking violation have on it the number of the parking meter (if any) involved."

54

To Alderman, Christopher:

"A municipal dumping ground must be so operated as to avoid damage to surrounding property.

"There is no special law as to the location of such dumping grounds other than county zoning ordinances that might be applicable; and the basic facts as to whether the one you mention is so maintained and operated as to amount to a nuisance could be learned only by an examination of the locality itself."

To Alderman, Centralia:

"The rule is that one who refuses to vote is counted as voting with the majority of those who did vote."

To Village Clerk, Industry:

"The annual Treasurer's Report, complying with Revised Statutes, Chapter 24, Par. 9-62, must be published in a newspaper published in a municipality, or if no newspaper is publisher therein, then in a newspaper of general circulation in the municipality; provided that if the population is under 500 and there is no newspaper published in town, then the report may be posted in three public places in lieu of publication.

"Village officials and employees may be liable for unlawful acts committed by them or acts inspired by malice, just as any other person. There is no liability against the municipality in connection with its providing fire protection."

To Superintendent of Streets, Princeton:

"Because of the problem of putting in street improvements, many municipalities now refuse to approve a plat of subdivision unless the improvements are in or provision is made for financing the cost of installing them.

"For paving streets, about the only means of financing— unless the cost is paid by the subdivider—is by special assessments."

To Alderman, Orient:

"Although the Mayor has the power to vote to break a tie, the vote of three aldermen plus the Mayor is necessary to pass an ordinance where the Council consists of six aldermen."

To City Clerk, St. Charles:

"The procedure for calling a special meeting, including the length of time notice must be given, should be covered by ordinance.

"There is no statute regulating the time for such notice."

To Trustee, Ladd:

"Although the compensation of an official whose term is fixed by statute can not be increased or decreased during that term, the compensation might well include payment for a vacation period.

"However, the official can not be paid more than he is provided for in the ordinance setting up his compensation at the time he took office."

To City Clerk, Rosiclare:

"Most municipalities provide that the water meter is the property of the municipality even though a charge is made when service is first started to cover the cost of the meter.

"The matter should be covered by your ordinances."

To Village Clerk, Mechanicsburg:

"The trustees do not have the power to appoint a justice of the police or police magistrate, but any justice in the township or county may be called in to hear ordinance violation cases."

To City Attorney, Metropolis:

"In view of the decision in People v. Chicago, 413 Ill. 315 which you cite in your letter of the 17th, I believe municipalities now have the power to designate names for streets."

To City Attorney, Taylorville:

"I do not know of any specific authority for a municipality to pay part of the premium for Blue Cross insurance for employees, although if the city does so, that might be considered as pro tanto increase in the employee's compensation.

"I know the matter has been discussed in other municipalities, but I do not know of any specific action."

To Village President, Montrose:

"The village has the power to vacate streets or portions thereof; but if it vacates a street or portion thereof so as to do harm to any person relying upon it for access, it is liable in damages.

"A street may be opened up and used for travel if it was properly dedicated, but this dedication would have to show somewhere in the records.

"Here again you have a problem depending upon the precise facts and need the services of local counsel familiar with municipal matters."

To Village President, Montrose:

"The village has the power to pay for a community building or restroom in connection with a park or other municipal property, and may use corporate funds for the purpose.

"You have a rather involved problem, judging from your letter of the 16th, and it is one which I think necessitates the services of a local attorney familiar with municipal matters.

"Municipally owned property used for non-municipal purpose, such as farming, is not exempt from taxes.

"Leases for more than twenty years can be entered into only after advertising for bids, under Chapter 24, Par. 59-2."

To City Attorney, Peru:

"The only way in which a municipality can borrow money is by the issuance of tax anticipation warrants or of revenue bonds or general obligation bonds.

"Consequently, the only way to raise the money needed to complete the construction of a city hall would be by a general obligation bond issue."

To City Clerk, Villa Grove:

"The liability of a municipality for polluting a stream does not depend upon the size of the municipality but upon the question of fact as to whether or not there is pollution that causes harm to anyone."

To Village Clerk, Emden:

"A fire truck owned by a municipality is entitled to an 'M' license, the same as police squad cars."

To Attorney, Blue Island:

"Most corporations secure vehicle licenses in any municipality where they house their vehicles.

"As you note, the statute is not too clear as to where a corporation must secure its vehicle licenses unless we construe that the corporation resides where it has its main office."

To City Clerk, Fulton:

"I am enclosing the schedule showing vehicle taxes levied by municipalities in Illinois and a suggested wheel tax ordinance, both of which were published by the Illinois Municipal League in pamphlet form."

To City Attorney, Paxton:

"Coin operated amusement devices such as shuffle boards, pinballs, etc. and coin operated amusement devices to reproduce music, are generally licensed under the power to regulate or license public amusements.

"I am enclosing an ordinance on coin-operated musical devices which may be of assistance."

(Continued on page 60)

QUESTIONS AND ANSWERS
(Continued from page 56)

To Sergeant of Police, Dixmoor:

"Technically, a concealed weapon can be carried only by a policeman, watchman or persons in certain other stated occupations, while on duty.

"A policeman is on duty 24 hours a day in his own municipality but not necessarily outside of that municipality."

To Chief of Police, Robinson:

"I believe that the provision in the Police Pension Law requires that a man must be under the age of 35 at the time of his appointment to the Police Department.

"I do not know of any decision on the subject."

To Attorney, Lake Bluff:

"I am enclosing a Petition to condemn property for a municipal purpose which may be helpful as a form.

"Unless there is some specific provision authorizing condenmation of land for a garbage disposal site (which does not appear in Chapter 24, Par. 40-3), the power to condemn would have to be derived from Chapter 47, Par. 2 which gives municipalities power to condemn land needed for public works, among other things."

To Village President, Warren:

"One can not be appointed Village Marshall unless he has been a resident of the Municipality for one year prior to the appointment. This rule applies only to officials and it does not apply to those who hold a mere position of employment.

"There should be an ordinance establishing how many men should constitute the Police Department. Appointments to the department may be made without another ordinance being passed."