To Village Clerk, Chandlerville:

"The pay of a Clerk, or a member of the Board of Trustees, can not be increased or diminished during the term of office.

"Any increase in pay voted could take effect only at the commencement of the next term; that is — after the next election."

To City Clerk, South Beloit:

"A municipal court, as provided for in Illinois Revised Statutes, Chapter 37, Park 442, may be established in a municipality having a population between 15,000 and 500,000. Paragraph 333 of Chapter 37 permits a city court in any city or village having a population of 30,000 or more.

"I do not know of any other provision for establishing such courts."

To Alderman, Christopher:

"The dissolution of a city or village must be in compliance with the provisions of Illinois Revised Statutes, Chapter 24, Par. 7-44.

"You will note that a referendum is necessary."

To Corporation Counsel, Chicago Heights:

"The maintenance of a sidewalk is the responsibility of the city, and this would be particularly true if the objectionable condition was due to a broken city water main."

To Village Trustee, Cary:

"The question of acceptability of plans and specifications for a sewer and water main by the State Department of Health should be taken up directly with that department."

To City Attorney, Flora:

"The practice of paying part of a fine to the arresting officer or of assessing as costs an item to be paid to the arresting officer is unwarranted.

"Where a summons is served, of course, the cost of service may be assessed."

To Village Clerk, Farina:

"The statutes provide for nominations in noncommission form cities to be made under a party name.

"Although if a nomination is made without a party name, it may be listed as an independent, anyone would have the right to file a proper petition, and have his name as candidate listed under a party name.

"It is only in commission form cities that party designations are not used."

To City Attorney, Rock Island:

"The question whether any particular employee is or is not a policeman within the meaning of the Minimum Wage Law is not easy to answer.

"Ordinarily, one who makes out or issues a ticket for an ordinance violation would be considered doing police work; but the form of notice you mention in your letter of May 7th may not necessarily be a 'ticket.'

"I don't think it is possible to be certain, so long as the employees issue these notices, that they are not employees of the Police Department."

To Attorney, Clinton:

"In the absence of a specific agreement to the contrary, I believe that a sewer or water line laid in a public highway belongs to the municipality, even though its initial cost may have been borne by private individuals. Most municipalities assume complete control of all such sewers and water lines established in the street unless there was a prior agreement to the contrary.

"Such a prior agreement, providing that the person putting in the main would be reimbursed out of later connection fees or later revenues from that particular area, has been upheld.

"Whether the municipality can enforce an agreement between the one putting in the main and the owner of adjoining property might be debatable."

To Attorney, Gridley:

"The place in which a newspaper is printed is not controlling as to its place of publication. That is determined by where it is released to the readers or subscribers.

"It seems to me that your letter of May 4th describes a paper of circulation in Gridley but not published in Gridley."

To Attorney, Shabbona:

"The anticipated proceeds of the Retail Sales Tax should be included in the revenue anticipated available to meet the items in the appropriation ordinance.

"The proceeds of this tax does not have to go to any particular purpose but may be used for any corporate purpose."

To Attorney, Danvers:

"If the bond issue you mention was a general obligation bond issue, a surplus left after all bonds are paid could be transferred to the general corporate fund. In the absence of a specific provision, it could be treated just as an illegally collected tax, and there is a decision holding that such taxes may be placed in the corporate fund.

"If the issue was a special assessment one, the Local Improvement Act provides for the distribution of surpluses."

To Attorney, Ottawa:

"If the city contemplates a bond issue to purchase land for recreational purposes, it would have to follow the provisions relating to the referendum for the issuance of any general obligation bonds.

"If the city contemplates levying a special playground tax as provided by Chapter 24, Par. 67-7, the procedure outlined in that paragraph would have to be followed.

"The procedure for a referendum on a general bond issue is found in Chapter 24, Par. 18-1 and Chapter 46, Par. 17-1.

"The general provisions covering municipal elections are found in Chapter 24, Par. 9-2 and 3 and 9-7."

To Attorney, Henry:

"We are enclosing a copy of the Naperville Subdivision Ordinance.

"The city may enter into a contract with a utility company for supplying street lights and make payments to the utility company out of general funds, if there is a prior appropriation covering that expenditure."

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To Attorney, Calumet Park:

"The village may use revenues received from municipal sales taxes for any lawful purpose, including purchase of fire fighting equipment. While purchase of fire fighting equipment by means of a conditional sales agreement has been used frequently, the validity of such an arrangement has not been passed upon by our courts.

"As I read the statute on tax exemptions, Ill. Rev. Statutes, Chapter 120, Par. 500, property must be owned by the village and used by the village, rather than merely leased by the village to qualify for a tax exemption."

To Attorney, Forest Park:

"Under Illinois Revised Statutes, Chapter 24, Par. 23-32, as you pointed out, the Village may obtain an easement under a railroad right-of-way by condemnation or otherwise. I believe this means that the village may obtain an easement for sewer purposes, either by condemnation or by voluntary agreement.

"Where there is a voluntary agreement for the payment of a fixed sum by the municipality each year, that payment must be continued until another voluntary agreement is made or the easement is obtained by condemnation."

To Attorney, East Alton:

"It seems to me that the tavern license is a license on a business or occupation within the meaning of the pension fund laws providing for a percentage of business license fees to be paid to the pension fund."

To City Attorney, Sterling:

"It seems to me that a volunteer fireman is not eligible for participation in the Firemen's Pension Fund, as you stated in your letter of May first. It would follow from that the volunteer fireman could not compute the time spent as a volunteer in computing the years of service required under the Pension Fund under the present law, and here again my views coincide with yours.

"Since the right to participate in the Pension Fund is entirely statutory, I doubt that an ordinance would have any effect on the status of the man in question."

To City Attorney, Taylorville:

"I believe that the municipality has the power to regulate the flow of water into its sanitary sewer system and to bar the flow of obnoxious materials.

"This power to regulate the sewer system probably would include the power to prohibit the discharge of water from sources other than the city water supply system into the sewers—particularly if it can be shown that such discharge overloads the plant.

"I know of no case on the subject."

To Village Clerk, Lemont:

"The Supreme Court has held, in the case of People v. Clean Street Co., 225 Ill. 470, that advertising matter can not be permitted on refuse containers placed on public streets or sidewalks."

To City Clerk, Fairfield:

"Where a city has an increased population, requiring the creation of new wards, but no new wards have yet been created by the city council, the number of votes required for the passage of any measure depends on the number of aldermen actually provided.

"The general rule is that passed votes are counted as voting with the majority. Under the circumstances mentioned in your letter, you should note that the Mayor has the power to veto. If the Mayor were to veto the measure in question, a two-thirds vote would then be required to pass the measure over his veto.

"One holding the office of alderman would, if elected to an executive office in the municipality, such as that of clerk or mayor, have to resign as alderman to qualify for the executive office."

To Attorney, Elwood:

"The statutes do not authorize a municipality to build up a reserve fund for the purpose of making improvements that may be decided upon or needed in the future, other than the customary depreciation and obsolescence funds which may be accumulated in connection with the operation of a utility plant or any other municipal property.

"There is no authority for building up a surplus for future extensions or improvements."

To Village President, New Douglas:

"The municipality has the power to limit the weight of vehicles on certain streets provided it has signs posted indicating such limitations.

"Persons violating the ordinance should be arrested. The fact that an appeal takes considerable time to be heard should not interfere with the enforcement of the ordinance."

To Trustee, Industry:

"By Chapter 24, Par. 1-13 of Illinois Revised Statutes, as enacted in 1951, it is provided that the municipality shall be liable for injuries caused by the negligent operation of a fire department vehicle. If your volunteer fire department has been made the official fire department of the municipality, I believe this section would apply.

"The workmen's compensation policy you carry would not cover officials such as the Village Marshal unless it has a special rider providing that he shall be covered in the same manner as though he were an employee.

"Carrying the insurance would not affect the liability of the village."

To Village Clerk, Thayer:

"The Board has the power to vacate the alley described in your letter of May 16th.

"In event of such vacation, title goes to the adjoining owner.

"The Board also has the power to grant a permit to construct a private driveway."

To City Attorney, Pontiac:

"There is an old decision to the effect that if a member of the Council does not vote, although he is present, it is considered that he votes with the majority.

"Under the circumstances described in your letter of May 19th, I think the measure carried.

"I doubt that the interest of the councilman described would invalidate his vote."

To City Attorney, Herrin:

"The motor fuel tax allotment is based upon a federal census, and a local census would not satisfy its requirements. (See Ill. Revised Statutes, Chapter 120, Par. 424.)"

To Trustee, Cary:

"The responsibility for maintaining a street which has been accepted as a public street is on the village."

To Attorney, East Moline:

"The appellate court has held that drunken driving may be prohibited by ordinance."

To City Clerk, Earlville:

"A city has no power to authorize the maintenance of gasoline tanks or pumps in or on any street, sidewalk or parkway."

To Village Attorney, Flossmoor:

"I agree with your conclusion that there is no authority for a village to require a property owner to repair a damaged portion of sidewalk or to pay the cost of such repair."

To Village Clerk, Thomson:

"The Municipal Audit Law requires villages operating a utility, such as a water system, to have an audit each year.

"Villages which do not operate a utility must have an audit every two years, in the odd numbered years.

"Villages with a population of less than 500 may use simplified forms furnished by the State Auditor of Public Accounts."

To City Clerk, East Dubuque:

"The compensation of an official whose term of office is set by statute can not be increased nor diminished during his term.

"Adding additional duties would not justify increasing the pay."

To Village Clerk, West Point:

"A vacancy in the Board of Trustees may be filled, until the next election of trustees, by a vote of the Board of Trustees.

"At the next election of trustees, the vacancy is filled for the remainder of the term as provided in Illinois Revised Statutes, Chapter 24, Par. 9-76."

To Attorney, Blandinsville:

"I believe a municipality may, under its power to establish classifications of licenses for the sale of liquor, provide for a smaller fee from clubs than from other places where alcoholic liquor is sold at retail.

"I do not know of any municipality that exempts clubs from the payment of a fee, and I would doubt the validity of an ordinance which would attempt to distinguish from various types of clubs."

To City Attorney, Dixon:

"There is no citation concerning the so-called 'cafeteria court' system for the collection of fines in Illinois,"

To Village Clerk, Okawville:

"There has been no change in the State law with regard to liability for injuries, due to defective sidewalks since the article in the October, 1952 issue of the ILLINOIS MUNICIPAL REVIEW.

"No additional revenue has been provided to meet the cost of repairing sidewalks."

To Attorney, Frankfort:

"Water main extensions may be financed by special assessment, by revenue bonds or even by payment from general corporate funds.

"Many municipalities have entered into a contract with one who finances the cost of constructing a water main, agreeing to repay him out of the connection fees received for connections with the main so constructed."

To Village Clerk, Millstadt:

"The matter of fireworks is covered by Chapter 38 of the Illinois Revised Statutes, Par. 276.1 and following.

"This does not deprive cities and villages of the power to prohibit fireworks."

To Attorney, Bridgeport:

"I am enclosing a form for a petition to call an election to adopt the Fire and Police Commissioners' Act.

"As I understand it, the Fire and Police Commissioners' Act applies only to fulltime firemen and policemen, and does not apply to volunteer firemen.

"The statute sets up the form of the ballot, and the procedure for calling the election, which is the same as for any other election."

To Village President, New Douglas:

"No vehicle in excess of the statutory limit on weights may be driven on any street, and lower weights may be provided by ordinance for particular streets in a municipality, but the ordinance is not enforcible unless signs are posted indicating the maximum weight permitted.

"The fact that the Village Clerk is absent from a meeting does not invalidate any ordinance passed at that meeting."

To Alderman, Wamac:

"There is no requirement that a dumping ground for refuse collected within the city limits must be a particular distance from the boundaries of the municipality."

To City Attorney, Taylorville:

"A municipality may limit the number of taxicabs to be licensed, as decided by the Supreme Court in People v. Thompson, 341 Ill. 166 and Yellow Cab Co. v. Chicago, 396 Ill. 388.

"The number of such licenses will of course depend upon local conditions."

To Village Manager, Mount Prospect:

"Since there are practical objections to putting in a new sidewalk by either a special assessment proceeding or a special tax, many municipalities have concentrated on getting the property owners to voluntarily put in such walks or putting up the necessary money so that the Village can put in the walks.

"The only way to compel the abutting property owner to pay toward the cost of the sidewalk is either by a special assessment or by a special tax proceeding."

To City Attorney, Shawneetown:

"I concur in your conclusion as expressed in your letter of May 26th.

"If a city which has three wards disconnects one ward, the Council must then redivide the remainder of the city into three wards."

To Village Clerk, Wenonah:

"Whether an orchestra is to be permitted in a tavern depends upon the ordinances.

"The Village President has the power to enforce the ordinances, but not to make them.

"If the playing referred to is so loud as to be actually a nuisance or so as to violate any ordinance prohibiting disturbing the peace, then any citizen may file a complaint to have the tavern owner prosecuted."

To Chairman, Finance Committee, Lansing:

"I can see no legal objections to the 'pooling' of motor equipment, as described in your letter of May 28th.

"It is really an administrative problem, and I know of no ordinance setting up such an arrangement, although I understand that the City of Rockford has adopted a similar plan."

To Village Treasurer, Morton Grove:

"On the facts stated in your letter of May 29th, I do not believe that the Police Pension Fund applies to the officer mentioned, but this should be taken up with your own village attorney who can determine from the facts whether the officer is entitled to any payments from the Pension Fund."

To Village Clerk, Harvel:

"A municipality may, I believe, enact an ordinance setting speed limits identical with though not conflicting with the State speed laws, and the Attorney General has agreed with this conclusion.

"The Municipal League will shortly publish a suggested traffic ordinance which includes such provisions.