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Answers to Questions

By THOMAS A. MATTHEWS, J. D., League Consultant

SUBMIT ALL QUESTIONS FOR INFORMATION IN WRITING

To City Attorney, Sandwich:

"We do not have a form of petition to be used for a complaint in an eminent domain case; the form, of course, would vary with the purpose to which the land in question would be put."

To Corporation Counsel, Danville:

"The enclosed copy of a juke box ordinance may be of assistance.

"We do not have a copy of a petition for starting an eminent domain proceeding."

To Corporation Counsel, Loves Park:

"The Municipal League has published an ordinance for the regulation of the sale of alcoholic liquor; I do not have extra copies, but the executive offices in Springfield can send you one."

To City Attorney, Paris:

"Except for the city of Chicago, municipalities do not have the power to levy a tax to pay judgments in addition to the rate allowed for general corporate purposes. Judgment funding bonds may he issued without a referendum to pay off judgments; if, for some reason you cannot get approval of bond counsel for your proposed issue, then the only way to pay the judgment would be to pay it off bit by bit."

To Superintendent of Streets, Hometown:

"The municipality has the power to regulate or prohibit signs which are erected on or extend over any street, sidewalk, parkway, or any other public place.

"The language of a sign on private property is not subject to general control, and I doubt that the Board would have the power to prohibit an individual from having a sign on his own private property with his name over the name of the city—even though it is so written that it looks as though the owner of the sign were claiming ownership of the city. This perhaps is a misapplication of commendable local pride."

To City Attorney, Spring Valley:

"We do not have a model ordinance for the construction of a sidewalk."

To Village Clerk, Chicago Ridge:

"Under revised statutes chapter 24 paragraphs 9-44, the village president may vote in favor of a measure which has received a vote of three for and two against, just as though there were an actual tie vote. The votes of the three trustees and the president are sufficient to pass an ordinance."

To Attorney, Murphysboro:

"Although a city cannot use its money for the erection of buildings for the use of private businesses, it may contribute toward the maintenance, erection, or support of a non-sectarian public hospital within the corporate limits under chapter 24 paragraph 45-1 of the Illinois Revised statutes."

To Corporation Counsel, Belvidere:

"As you note in your letter of the fifth, the decision in People vs Glencoe, 372 Ill. 280 authorizes the use of a surplus in the garbage fund, even though it is the proceeds of a special tax, for any corporate purpose. The rule would apply to any operating fund; but perhaps pension funds or retirement funds must be kept separate—at least until there is a decision as to such non-operating funds."

To Village Clerk, Elsah:

"Tax anticipation warrants can be issued in the amount of seventy-five per cent of the tax levy after the levy ordinance has been filed with the county clerk. An ordinance must he passed to authorize the warrants, and you would need the services of an attorney for the matter."

To City Attorney, Pontiac:

"If you have a separate park district, its powers to tax are set forth in Chapter 105; I believe the park district has the power to increase its rate upon approval at a referendum election.

"If you are referring to a city tax for park purposes, the rate might be increased after a referendum under Chapter 120, Paragraphs 643a and 643b."

To City Attorney, Pontiac:

"The statutes do not authorize any 'interim' zoning ordinance; no zoning ordinance can be in effect until after it has been passed and published in the manner required by law.

"If you have a building ordinance, there may be some measure of control by with-holding the issuance of building permits pending the adoption of a zoning ordinance."

To Mayor, Greenville:

"There is no law requiring that bills be read at a Council meeting; and unless there is an ordinance requiring it, such reading is unnecessary."

To Village Trustee, Glen Ellyn:

"The question of just how much control a municipality has over an off-the-street parking lot has never been settled by the Courts.

"It is my opinion that a municipality may restrict free parking on such lots to residents only.

"I suggest that you take this up with your "Village Attorney to learn his views."

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