To Attorney, New Lenox:

"I share your view that a municipality can not expend more for a particular purpose than was appropriated for that purpose, even though funds are available in other accounts, unless there is an emergency as provided in Par. 15-2 of Chapter 24."

To Attorney, Keithsburg:

"The enclosed bulletin on licensing powers, I think, will help answer the questions in your letter of March 7th."

To Alderman, Alton:

"We are sending you a copy of a recommended traffic ordinance and the bulletin hitherto published by the Illinois Municipal League on municipal powers to license businesses.

"The matter of the method for increasing the corporate tax is covered in Chapter 3 of the Handbook for Municipal Officials published by the League, copy of which you may secure from the executive office.

"There have been no changes in the rates at the last session."

To Alderman, Peru:

"The compensation of the Mayor cannot be increased during his term, whether that compensation is paid to him as Mayor or as Liquor Commissioner or as a combination of the two.

"Municipalities have the power to regulate the installation of septic tanks, but there is nothing to prohibit them in a city unless you have an ordinance to that effect."

To City Clerk, South Beloit:

"There is no liability for damages against a municipality for failure to respond promptly to a fire call, whatever the reason."

To City Clerk, Mount Olive:

"As I told someone from your municipality, over the phone, municipalities do not have the power to license all businesses—only those which the statute authorizes.

"See the Illinois Municipal League Bulletin on licensing powers published some time ago."

To Attorney, Arthur:

"I believe that, in the absence of some specific agreement to the contrary, the city has the right to hook onto any sewer or storm water drain located in any public street or alley."

To Village Clerk, Chandlerville:

"There is provision for organizing a drainage district which could include land within and without the corporate limits for taking care of sewage drainage, and these provisions were amended at the most recent session of the Legislature. (See Ill. Rev. Statutes, Chapter 42, for the revised Illinois Drainage Code.)"

To Village Trustee, Radom.

"The question of ownership of the real estate is one that would have to be studied by one familiar with real estate law, and all recorded documents would have to be examined.

"I am returning the copies of the deeds you sent us."

To City Attorney, Staunton:

"It is good to hear from you again.

"We do not have an ordinance for the disconnection of land from a municipality. I presume you are operating under 7-40 and 41 of Chapter 24.

"Even though this statute does not say so, I believe that disconnected land is still taxed for the payment of any bonds issued prior to disconnection."

To City Attorney, McHenry:

"I believe that the salaries of members of the Board of Trustees or Aldermen can be increased or diminished as the term of the particular alderman ends.

"Consequently you might have a council half of whom were receiving more pay than the other."

To Village Clerk, Marissa:

"I do not know of any statutory authority for licensing printers.

"Municipalities have only such licensing powers as are granted by statute."

To Village President, Maple Park:

"Although tax payers in the village pay their share of the township road and bridge tax, I know of no way to compel the Highway Commission to do work on the village streets."

To Trustee, Maple Park:

"There is no absolute rule as to how long cancelled checks and paid invoices must be kept.

"Most municipalities keep them for about ten years."

To Mayor, Loami:

"Under Illinois Revised Statutes, Chapter 24, Par. 7-43, the owner or owners of land on the edge of a municipality which contains 20 or more acres and is not subdivided into lots and blocks and is not contiguous to another municipality may be disconnected by Court action, unless such disconnection would isolate part of the municipality from the rest of it.

"The owners of the land may petition the County or Circuit Court for disconnection. If the petition is properly drawn up and the facts are as prescribed by statute, the land may be disconnected without the consent of the city or village.

"An area of land that has been disconnected under this proceeding can not be subdivided into lots or blocks within one year from the date of disconnection unless the land is re-annexed to the municipality.

"After disconnection, the land is still subject to taxes for indebtedness incurred by the city prior to the disconnection."

74

To Village Clerk, Island Lake:

"We do not have a form or model ordinance for use of the working cash fund."

To Village Clerk, Kenney:

"Illinois Revised Statutes, Chapter 46, Par. 28-1 and following, provides that upon a petition filed by 25% of the registered voters requesting it, any proposition of public policy must be submitted to a referendum vote.

"This is the only provision, other than in commission form municipalities, by which a municipality could be compelled to prepare and put to vote the question of issuing bonds.

"I do not know of any decision of our Supreme Court as to whether this provision would apply to a bond ordinance."

To Village Clerk, Herrick:

"I am not familiar with any blanket ($1.00 per hour minimum wage law applicable to municipal officials.

"There is a minimum wage law for policemen and firemen in municipalities of a certain size, but I know of no Illinois law applicable to all municipal employees."

"P. S. Your officials may be thinking of the $1.00 per hour Minimum Wage Law applying to employees in interstate commerce. This does not apply to municipal employees."

To Alderman, Centralia:

"Where the Council consists of six aldermen and the vote on a measure is three 'Yes' and two 'No', with one not voting or being absent, this would come within the provisions of Chapter 24, Par. 9-44 which provides that the Mayor may vote on any ordinance, resolution or measure where the vote of the alderman is a tie, or when one half of the alderman elect have voted in favor of an ordinance, resolution or motion, even though there is no tie vote.

"In such case, the Mayor may cast the deciding vote."

To Corporation Counsel, Loves Park:

"Where an ordinance requires that a bond be filed, 'in the form and with the security to be approved by the Mayor and Council,' it seems to me that the Council would have to approve not merely the form of the bond but also the surety."

To Attorney, Spring Valley:

"Parking meter funds would not be fines, 10% of which must be paid to the police pension fund.

"Whether the amounts paid in voluntary liquidation of the claim of the city for a fine for overparking is an open question that has not been determined as yet, so far as I know."

To Village Clerk, Glasford:

"There is no statute prescribing how long documents or other papers must be retained in a village or city.

"Ordinarily, proceedings of the Council or Board are kept perpetually. Receipts and documents relating to expenditures are generally disposed of after ten years, but there is no flat rule about it."

To City Clerk, Gibson City:

"It there is no ordinance prohibiting or regulating dancing in a public restaurant, then so far as the Village is concerned, it is permissible.

"Whether a Federal entertainment license must be paid is not, of course, a municipal matter."

To City Clerk, Byron:

"The municipality's responsibility for the safety of school children crossing a State highway is the same as its responsibility for pedestrians anywhere within the corporate limits."

To Alderman, Elmhurst:

"The statute found in Illinois Revised Statutes, Chapter 24, Par. 9-28, provides for increasing the number of wards as the population of a municipality increases. There is no exception tor a city where—as you say is the case in Elmhurst—an increase in the number of wards would cause practical dificulties.

"Even though the number of wards was not increased as required by statute, the acts of the Council would be valid if the Council is operating with only ten, instead of fourteen, aldermen as required by law.

"The practical questions involved in this should be discussed with your City Attorney."

To Attorney, Fox River Grove:

"I believe a municipality of any size may establish the so-called 'cafeteria system' for paying fines for minortraffic violations.

"You will find a discussion with a suggested ordinance in the April 1954 issue of the ILLINOIS MUNICIPAL REVIEW.

"I do not believe that a police committee can be given authority to change traffic regulations. Traffic regulations must be set by ordinance."

To Village Trustee, Chicago Ridge:

"In Villages, appointments are made by the President and Board of Trustees voting jointly.

"Although there is a Circuit Court decision in Cook County to the contrary, it is my opinion that four trustees may, by motion, appoint any village officer."

To Health Officer, Belleville:

"The city may, by ordinance, provide for an inspection fee for milk plants within the corporate limits.

"It can not compel the payment of a tee for inspection of dairies outside the corporate limits."

To Village President, Merrionette Park:

"I can not understand the decision you cite by a police magistrate in the case of the persons arrested for disorderly conduct and violating the dram shop act, but of course that magistrate heard the evidence first hand. To me, the decision seems erroneous, based upon the facts stated in your letter of March 12th.

"The police have the right to enter and make arrests. in a trailer court in the manner described in your letter."

To Comptroller, Springfield:

"There is nothing to prevent a municipality from providing for the issuance of a specified amount of tax anticipation warrants and selling them as the money is needed. That practice is common.

"Usually, the municipality, by proper ordinance, will authorize the issuance of as many warrants as it thinks will be needed and actually sells and issues the warrant's from time to time as they are needed."

To Mayor, Crescent City:

"The question of house trailers being used for residences is generally covered in one of several ways.

"In some cities, it is prohibited to occupy a house trailer unless it is in a licensed, fully equipped trailer camp. In others, it is prohibited to occupy a house trailer as a residence for more than a limited time unless it is so constructed and equipped and connected with utilities as to comply with the building ordinances.

"I do not have any special ordinance which we would recommend as a model for the purpose, nor do we have any special information as to the State laws governing house trailers. The State laws do not govern house trailers except in a licensed trailer camp."

To Mayor, Fairmont City:

"The municipality has the power to limit the weight of vehicles which may be used on designated streets provided the rates set are reasonable for the protection of the pavement and the streets are posted with signs to show what the weight limitations are. The municipality also has the power to designate certain streets on which commercial traffic is prohibited.

"Any damage to property done by heavy trucks causing vibrations would be the responsibility of the person or corporation operating the truck—not of the city.

"There is no way in which a municipality can compel operators of trucks to pay a tee unless the operator is a resident, or has his main office in the municipality."

To Village Clerk, Milledgeville:

"Municipalities have the power to sell water to consumers outside the corporate limits at such rates and on such conditions as may be agreed upon."

To Attorney, Monsanto:

"I share your inability to find any authority for a village to enter into a valid contract with a labor union representing municipal employees or officers, and I am convinced that there is no such authority."

To Fire Chief, Dalzell:

"I do not believe that a village trustee or a fire district trustee is barred from acting as a volunteer fireman if he so desires."

To Village Clerk, Woodland:

"Some time ago, the Illinois Municipal League published a bulletin on Dangerous Buildings, and earlier than that, an article on nuisances.

"The Executive Office may be able to furnish you with copies which would help answer your questions contained in your letter of the 20th of February."

To Alderman, DeKalb:

"Streets are open to use of the public, and generally the use of a portion of a street can not be restricted to any certain persons or individuals.

"If overnight parking is a problem, it can be met by prohibiting overnight parking on the streets in designated areas or by an ordinance restricting the length of time a vehicle may be parked."

To Corporation Counsel, Pekin:

"We do not have a plumbing code which would be recommended for adoption.

"There are certain standard codes put out by national organizations sometimes as a part of a building code which could be adopted by reference if the regulations are satisfactory to the municipality."

To City Attorney, Bloomington:

"Whether a municipality could prohibit the sale of alcoholic liquor to anyone under the age of 21 years (instead of the statutory 18 for women and 21 for men) is doubtful.

"I agree with you that the question would be whether this is a reasonable regulation on the sale of alcoholic liquor, and the sort of thing in which the municipality could enforce more stringent regulations than those provided by statute."

To Corporation Counsel, Joliet:

"In view of the fact that pension statutes are generally construed liberally, it seems to me that the men described in your letter of March second could be credited with the time described by making appropriate payments into the pension fund.

To City Clerk, Sycamore:

"I do not believe that the city needs a specific item to spray trees if it has a general item in the appropriation ordinance for the care and maintenance of streets and parkways from which such costs should be paid.

"You should, however, discuss this with the City Attorney, who can examine your appropriation ordinance in detail."

To City Attorney, Benton:

"There is provision in the Local Improvement Act for disposition of unclaimed rebates in a special assessment fund.

"While the funds are on hand and unclaimed, they can be invested in U. S. Government Bonds, but any interest accumulated would go to the benefit of the special assessment fund. Any surplus remaining after the payment of all bonds, vouchers, and interest would simply be treated as surplus, to be repaid like any other surplus in a special assessment account."

To City Clerk, Rockford:

"I do not see anything in the statutes to provide for the Election Commission's expenses being paid in any way other than in the same manner as other city expenditures.

"Check this with the Corporation Counsel for particular examination, but so far as I know, the expense of the Election Commission would be handled in the same manner as other municipal expenses."

To City Attorney, Metropolis:

"I am enclosing a form of petition to call an election on the question of adopting the Fire and Police Commissioners Act."

To Mayor, Centralia:

"No contract can be made by a municipality, nor can any expenditure be incurred unless there is an item in the appropriation ordinance out of which the expense involved can be paid. (Ill. Rev. Statutes, Chapter 24, Par. 15-3.)

"This restriction does not apply to items payable from the motor fuel tax money, or from a bond fund or similar special fund."

To Village Clerk, Okawville:

"An Ordinance published in book or pamphlet form need not be published in the newspaper."

To City Clerk, Lanark:

"A municipality may shut off the water where charges are not paid; but of course the ordinance must provide for such action.

"I do not know of any decision on the right to shut off water if the ordinance requires charges to be paid in advance, but the right to shut off water for non-payment for water already delivered seems well established."

To Mayor, Chester:

"The proposed ordinance for the requirements of electrical contractors seems in good form, excepting that municipalities do not have the power to pass upon the qualifications of electrical contractors. In addition to the regulation of contractors and the creation of the office of Electrical Inspector, there should be an ordinance setting up standards for safe wiring.

"The city does have the power to provide that the wiring must be satisfactory to the electrical inspector— which in fact would give him the power to make regulations. Regulations must be established by ordinance."

To Commissioner of Public Health and Safety, Princeton:

"I do not know whether you could obtain information as to the number of hours of work for a policeman in various cities throughout the State, and there is presently no statute providing a maximum number of hours for a policeman although there have been bills proposed from time to time."

To Village Attorney, Downers Grove:

"Money cannot be put into the Unclaimed Rebate Fund unless the municipality has first published the notice of a rebate as required by the Local Improvement Act, then it is a matter of accounting for such fund's as must be covered by such notice."

To City Attorney, Sterling:

"I share your view that there should be some control over permits for Filling Stations for a municipality, limiting their number and their locations, although there is no public statute other than that for control over driveways. See for example Lydy vs. Chicago, 356, Illinois, 230, and the earlier case cited in that opinion."

To Village Clerk, Hanna City:

"A municipality may operate without a police magistrate bringing cases before a Justice of the Peace."

To Village Clerk, Dowell:

"Unless specifically provided for by Ordinance the Treasurer does not receive a percentage of water collections; nor of the sales tax receipts."