"The village has no right to put in gravel or do any work in a street unless that street has been dedicated as a public highway in the manner provided by law.

"This dedication can be by way of a plat recorded with the Recorder of Deeds or by a deed to the village of the land needed for a street.

"I note from your letter that you are referring to a new subdivision and not to a long-established highway which has been used as such for so long as to establish a common law dedication."

To City Clerk, Warsaw:

"If an appointment by the Mayor for which confirmation by the Council is necessary does not receive the approval of the Council, the office remains vacant, but the Mayor can appoint someone to fill it temporarily until the next Board meeting."

To City Attorney, Springfield:

"We do not have ordinances which would make the owner of adjoining property liable for the maintenance, repair and upkeep of sidewalks and liable in damages for persons injured because of defects in such sidewalks. I doubt that such ordinance would be valid, because the responsibility to maintain sidewalks is on the city, and the abutting owner could be held liable only if the defect was due to some positive act of his.

"Nor do we have an ordinance which would make parents liable for the criminal acts of their minor children. Such an ordinance, in my opinion, would not be within the powers of the municipality. I believe the Legislature alone would have control over that subject."

To Village Clerk, Wenonah:

"There is no State law prohibiting junk yards within a municipality.

"The place where automobiles are dismantled would, I think, constitute a junk yard.

"The location of junk yards can be regulated by ordinance."

To Mayor, Mt. Vernon:

"Illinois Revised Statutes, Chapter 24, Par. 19-51 provides that in commission form cities a special meeting may be called by the Mayor or by any two commissioners upon twenty-four hours' notice to all members.

"This cannot be changed by ordinance."

To Trustee, Round Lake Beach:

"There is no law requiring a municipality to furnish office space for a police magistrate, although this is customarily done."

To Attorney, Henry:

"There is no statute that I know of authorizing a special tax for street lighting purposes other than the one permitting a tax for such purpose, which is to be included in—and not in addition to—the general corporate rate."

To Trustee, Hickory Hills:

"There is no statute requiring that the zoning map or zoning ordinance be recorded with the Recorder of Deeds.

"The ordinance and map must, of course, be filed with the Village Clerk."

To Attorney, Geneva:

"I doubt the authority of a municipality to permit signs indicating the route to private businesses to be erected on a street or parkway.

"Such signs may be erected to direct the way to hospitals, schools, municipal buildings, etc., but a sign indicating a route to a private business is too close to merely advertising."

To City Attorney, Harrisburg:

"A municipality has the power to furnish water to areas outside the corporate limits on whatever terms the Council desires."

To Mayor, Dixon:

"To supplement the letter I sent you the other day on the tax for the Municipal Employees' Retirement Fund:

"Actually there is no limit on the rate which you can levy. The city is authorized to levy whatever is required to meet the requirements of its formula for paying its share toward the retirement fund."

To Trustee, Joppa:

"Under Ill. Revised Statutes, Chapter 24, Par. 23-53, the vehicle tax may be used only for the improvement of streets, provided that 15% of the proceeds may be used to pay the wages of policemen in municipalities having a population of over 3,000.

"We are enclosing a copy of a suggested wheel tax ordinance."

To City Clerk, Fairbury:

"The offices of Clerk and Collector may be combined by ordinance."

To Village Clerk, Deer Creek:

"If the village has accepted streets in a new subdivision, it has the responsibility of maintaining them.

"However, it also has the power to put in pavements on the streets by special assessment proceedings in which the cost is assessed against the property which is improved; and the same is true of water main extensions."

To Mayor, East Dubuque:

"The city has complete control over connections with sewer mains and can prescribe the conditions under which such connections may be installed and maintained. This includes regulations covering connecting pipe on private property as well as the pipe laid within the street.

"You should have an ordinance provision similar to your provision as to water connections to cover sewer connections."

To Attorney, Blandinsville:

"I believe the power of the County Board is limited to the appointment of a police magistrate only when there is less than one year to run at the time the appointment is made."

To Attorney, Spring Valley:

"I believe the Road and Bridge Tax, when levied by the municipality, is subject to scaling under 643c.

"There was an article in the Illinois Municipal Review on the subject of the Road and Bridge Tax some time ago."

To Mayor, East St. Louis:

"Your power to regulate the weight of vehicles on streets is for the protection of pavements, and any reasonable weight limitations on particular streets must be complied with.

"I doubt that the power to prohibit commercial traffic on particular streets could be so used as to prevent access to commercial or industrial property."

To City Attorney, Mount Carroll:

"I share your view that the junk business may be regulated.

"Frontage consents may be required for the establishment of junk yards, but the location of junk yards or other businesses can best be regulated or controlled by the enactment of a complete zoning ordinance. There are many municipalities with a population not in excess of that of Mount Carroll which have adopted zoning ordinances, but the adoption of a zoning ordinance does call for a great deal of work and is expensive.

"The Illinois Municipal League some time ago published a pamphlet discussing the adoption of zoning ordinances in smaller municipalities, and this booklet will be reprinted in the not too far distant future."

To City Attorney, Silvis:

"On the facts described in your letter of March 22nd, it seems to me at the time of the election referred to, the ordinance did not provide for the election of a police magistrate; consequently no police magistrate could be elected at that time.

"I do not see how a later ordinance providing for the election of a police magistrate could be made retro-active so as to validate the proposed election of a magistrate at a time when the ordinance did not provide for that office."

To City Clerk, Red Bud:

"Par. 127 of Chapter 43 prohibits the retail sale of alcoholic liquor except in restaurants, clubs or hotels within 100 feet of any church.

"I believe this means the distance from building to building."

To City Attorney, Rochelle:

"I share your feeling that the grant of an easement to a private individual across land owned by the city might be construed as a sale or lease of real estate, in which case it would have to be done in compliance with the restrictions on such sales or leases of city property."

To City Attorney, Silvis:

"I believe that a municipality could grant permission to install a street scale, provided it was in such a location so as not to interfere with traffic, although it has been argued that no private use of this kind can be granted."

To City Clerk, Cairo:

"The only slum clearance statutes I am familiar with do not provide for slum clearance by the city itself, but the city acts through a housing authority.

"The public benefit tax is to be used only to pay the amount charged against the city for public benefits in connection with a special assessment proceeding or the amount charged against the city for assessment against city owned property."

To Trustee, Cary:

"The Village has control over its sewer connection fees, and I believe it is proper to distinguish between a connection fee in one district and another."

To Village President, Reddick:

"When money is not needed for the purpose for which it was appropriated, it may be used for any other lawful purpose provided, of course, there was an appropriation

for the item it covered by the intended use. An expenditure can not be incurred (with certain exceptions) unless there has been a prior appropriation.

"There is a limit upon the amount of taxes that may be levied, but there is no precise limit on the amount which may be spent for particular purposes such as street lighting, provided the money is available for the purpose.

"No liquor license may be issued to anyone who is not a resident of the municipality. The Board has the power to limit the number of liquor licenses which may be issued, although there is no decision on whether on not limiting licenses to one only would be valid.

"The Supreme Court has held that there cannot be a police magistrate in a municipality which extends into more than one county. Justice of the Peace, of course, may function in the county where they were elected. Prosecution for violation should be instituted in the county where the violation occurred.

"These specific questions should be discussed with your city attorney."

To Corporation Counsel, Joliet:

"I believe the provision requiring that all officials must be residents of the city for one year prior to their election or appointment, does not apply to positions of employment, as contrasted with offices."

To Attorney, Washington:

"We do not have a sample of an ordinance for the acquisition of a parking lot.

"I believe that a city's contribution to insurance carried for an employee must be considered as part of that employee's compensation."

To Trustee, Bartlett:

"The financing of improvements to the water and the sewer system made necessary by new subdivisions in a municipality is always a problem.

"I do not believe a municipality can be compelled to add extensions to an inadequate sewer or water system, but it is the responsibility of the village to provide adequate water and sewer service to the entire village."

To City Attorney, Oneida:

"I believe the limitations of Chapter 120, Par. 643 to 643-c apply to a tax by a special charter city.

"Municipalities have the right to levy a road and bridge tax even though they have never levied one before."

To Village Clerk, Wayne City:

"The village has no control over the speed of railroad trains.

"That is entirely in the hands of the Illinois Commerce Commission."

To Village Clerk, Thayer:

"Ordinarily it is not necessary to improve an existing surface water drainage where there is no increase over the natural flow of water.

"The questions in your letter of April 11th can be answered only by local counsel who is familiar with the territory."

To Attorney, Grayslake:

"Whether the municipality has the power to compel the owner of a house to build it at a certain grade or to regulate the grade of the house has never been determined by our courts, so far as I know.

"Many municipalities do have such ordinances, but I know of no case in which their validity has been upheld."

To City Attorney, Silvis:

"The sales tax, of course, is payable where the sale is actually completed—which is not necessarily the place where the money is paid.

"The Department of Revenue has adopted a set of rules covering situations that may arise, and perhaps the situation you describe in your letter of the 12th is covered in that set of rules."

To Attorney, Brookport:

"Illinois Revised Statutes, Chapter 24, Par. 9-7 provides for the manner of voting on ordinances and measures involving expenditure of money, for which a vote of a majority of the aldermen is required unless there is a tie vote—or unless half the aldermen vote for a measure and less than half vote against it—in which case the Mayor can vote in favor of the ordinance (See Par. 9-44).

"A two-thirds vote is required to over-ride the Mayor's veto and a two-thirds vote is required for certain other matters by special statutory provisions—as, for example, a requirement that a variance may be granted, when not recommended by the Board of Appeals, only by a two-thirds vote of the aldermen.

"The provision for vacating streets requires a three-fourths vote, and there are other special statutes which require more than a majority vote for the enactment of some particular provisions."

To Village Clerk, Andalusia:

"You could amend your dog license ordinance by an ordinance similar to the following:

'Section 427 of the Municipal Code of Andalusia of 1949 be and the same is hereby amended to read as follows:

(Here insert the new wording with the new fees.) 'The tax herein provided shall be applicable to dogs owned or acquired on and after May 1, 1956'."

To Village President, Bureau:

"The municipality has the responsibility of furnishing sewer service where it is practicable, but it can not be compelled to construct an extension excepting by a petition signed by the owners of a majority of the properties to be improved asking that an improvement be put in by special assessment.

"This petition would have to be signed by a majority of the property owners along the line who would be assessed for the construction of the sewer."

To Attorney, Warsaw:

"We have not developed an ordinance to use as a model for preventing radio and television interference.

"I believe the National Institute of Municipal Law Officers has such a model ordinance."

To Alderman, St. Charles:

"There is no State law requiring popcorn stands or similar units to be a particular described distance away from a swimming pool.

"Since this involves the sale of food, probably the City Council could regulate the subject by ordinance."

To Corporation Counsel, Joliet:

"I do not know of any municipality which, within recent years, has provided for the construction of a sidewalk by a special tax as authorized in Article 63 of Chapter 24, Illinois Revised Statutes.

"This method was popular during the 1920's but I do not know of any that have followed it in the last twenty-five years or so."

To City Attorney, Pontiac:

"Under Illinois Revised Statutes, Chapter 24, Par. 8-2, cities have jurisdiction over rivers within their limits.

"I do no know of any special authority to license or regulate boats, but it seems to me that any reasonable regulations would be upheld if they are based upon the prevention of fire hazards or the protection of the public in other ways."

To Attorney, Warsaw:

"As you have noted, Illinois Revised Statutes, Chapter 24, Par. 19-16 provides that officers shall hold over if there is a failure to appoint to the expiration of the term or if the person appointed fails to qualify. But if the incumbent ceases to perform duties, then the Mayor may appoint a temporary successor until such time as a permanent appointment can be made.

"This would indicate that the temporary successor can be appointed between Council meetings."

To Attorney, Sycamore:

"The Illinois Municipal League has published a book of forms for special assessments which I am sure will help you.

"You can get a copy from the Executive Office in Springfield."

To City Attorney, Taylorville:

"We do not have an ordinance covering the fluoridation of city water, but I understand the City of Evanston as well as the City of Chicago has been putting fluorides in the water for some time and could perhaps furnish you. with a copy of their ordinance."

To City Attorney, Jacksonville:

"I believe that sidewalks may be put in under Article 63 of Chapter 24 providing for a special tax, where the entire pavement must be replaced. This is not available for mere repair work.

"The city has control over the use of sub-sidewalk space for vaults, etc., and may, by ordinance, charge an annual fee for such use."

To Chairman of Finance Committee, Robbins:

"Ordinarily the Village Board or City Council has control over the finances of a municipality, over the manner of approving bills and issuing checks, and may provide that the hooks of the Clerk and Treasurer and other finance officers may be checked periodically by the appropriate committee of the Council."

To City Manager, Joliet:

"The city would not be liable in damages for acts of civilians who volunteer to serve as policemen or to direct traffic; and there is no liability on the city if such persons are injured while so working.

"Check with your city attorney as to the precise facts under which the citizens would be working."

To Village Attorney, Glenview:

"In reply to your telephone inquiry, there is no legal

basis for waiving the vehicle license tag requirements in connection with volunteer firemen."

To Village Clerk, Wilsonville:

"Any municipality which operates a water system or other utility must have an annual audit made, as required by the Compulsory Audit Law, regardless of the population of the Village.

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

"The State Department of Revenue has published rules to cover situations such as those described in your letter, and I suggest that you get a copy of those rules or submit your particular facts to the State Department."

To City Attorney, Spring Valley:

"I know of no decision on the question of whether the position on the Police Pension Board to bo filled by election by the beneficiaries should be left vacant until there are actual beneficiaries receiving payments from the Pension Fund.

"It is my own opinion that the position should be left vacant until there are such beneficiaries, although in a few instances, the municipality has permitted the potential beneficiaries—that is, the wives of policemen—to select the member on the Pension Board. I do not believe this practice conforms with the statute, although I can see no harm in it.

"I believe the statute means that the place to be filled by election by the beneficiaries can be filled only when there are actual beneficiaries."

To City Attorney, Sterling:

"In view of recent decisions of the Supreme Court, a municipality can not compel a public utility company to pay for its use of the streets without the consent of the utility company.

"Recent legislation does give the municipality the power to impose a gross receipts tax on public utilities operating within the city or village. This tax may be imposed whether or not there is a current franchise in force.

"The League sent out a bulletin not long ago describing this utility tax with a suggested ordinance. You might receive a copy of it from the Executive Office."

To Attorney, Bement:

"Service of water to premises outside the corporate limits is entirely discretionary with the City Council or Board of Trustees in the absence of a binding contract with the consumers outside the corporate limits.

"The municipality may establish any rules it wishes as a pre-requisite for serving areas outside the corporate limits, and may terminate such service at any time."

To Corporation Counsel, Loves Park:

"I think an ordinance providing for the election of a police magistrate is sufficient. It does not seem necessary to have an ordinance creating the office, since that office is created by statute.

"Where a territory has been annexed to the municipality during the past year, it seems to me that one who has been a resident of that annexed territory for more than a year would be considered as having been a resident of the municipality for more than a year for the purpose of being eligible to office. I don't know of any decision on the subject.

"I do not have available any form of ordinance which would be considered a model for licensing scavengers or licensing pet shops. The customary type of licensing ordinance with a provision that the premises must be kept clean and that the health officer, or some other designated official, should make such inspections as are necessary to insure compliance with the ordinance should be sufficient."

To City Attorney, Mt. Vernon:

"The provision that no expenditure may be incurred excepting those payable from a special fund—such as a bond fund—without a prior appropriation applies to the payment of salaries as well as to other expenditures; and strict compliance with the law would prevent the expenditure of more than the amount appropriated for any item or purpose even though there is cash an hand sufficient to meet the proposed expenditure."

To City Clerk, Kewanee:

"The question whether the fireman referred to in your letter of January 25th is eligible for a disability pension is one depending entirely upon the facts involved as to that particular fireman and his disability.

"You should consult your city attorney as to this."

To Corporation Counsel, Edwardsville:

"I have not prepared any ordinances under the new provisions found in Chapter 24, Par. 23-36 with regard to regulating the covering or sealing of wells or cisterns. I believe that under this section, as amended, the municipality could require any type of sealing that would be considered completely safe."

To City Attorney, Bloomington:

"If there is a prior appropriation out of which payment can be made for the property described in your letter of February first, then a contract for the purchase would be binding; and if bonds are issued, of course, the purchase may be made without the necessity for a prior appropriation.

"If there is no prior appropriation out of which the purchase price could be paid, then the City could not enter into a binding contract for the purchase,

"The necessity for a prior appropriation would apply to a lease as well as to a contract to purchase."

To City Clerk, Sesser:

"I spoke on the long distance phone to your City Attorney concerning the question asked in your letter of January 27th.

"If the vote is three in favor of and two against a measure—one alderman being absent or there being a vacancy—the Mayor could vote in favor of the measure and, in that case, it would be carried. If he votes against the measure, it is defeated."

To City Attorney, Rochelle:

"The question whether a municipality can refuse to approve a plat of subdivision until proposed streets in the subdivision are improved with payments, etc., has not been settled by our courts as yet.

"There are earlier cases holding that a municipality can not refuse to accept dedication of a street on the ground that the pavement is not in, because acceptance of the dedication of a street does not amount to acceptance of a street as a public highway. After the street is dedicated, the Council then has the option to accept it as a public highway by specific action or by implication. If the city assumes jurisdiction over the street by making any improvements in it, for example, that is considered as an implied acceptance of the strtet as a highway."