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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, Fairfield:

"Because of the peculiar language of Par. 69-11 of Chapter 24, as noted in your letter of the 18th, I concur in your conclusion.

"Since by your census, the city is entitled to have ten aldermen, an affirmative vote of three-fourths of ten would be necessary to vacate a street because that statute, as you note, has the peculiar provision that a vacating ordinance must be passed by the affirmative vote of at least three-fourths of all the aldermen or trustees authorized by law to be elected.

"This I believe is the only ordinance to which this rule would apply.

"Other ordinances may be passed by a majority vote of the aldermen actually elected."

To Mayor, Toluca:

"There should be an ordinance to establish any stop intersection or through street.

"The Municipal League will shortly publish a suggested traffic ordinance which will contain provisions helpful to you on this problem."

To City Attorney, Newton:

"The Illinois Commerce Commission has no control over the service rendered and the rates charged by a municipal electric light plant, even though the municipality purchase its current from a privately owned utility company. The contract between a municipality and the utility company may be subject to Commerce Commission control, but not the service or charges by the municipality and its consumers."

To Village Clerk, Stanford:

"The fees to be charged by a Justice of Peace or Police Magistrate are covered by the statute found in Illinois revised statutes Chapter 53. You will note that these fees are based on whether or not there was a trial and upon whether or not summons was issued or a transcript prepared, among other things."

To City Attorney, Farmer City:

"You will find in the July, 1951, issue of the Illinois Municipal Review an article on the licensing powers of cities and villages, and in the August, 1951, issue a discussion of the powers to regulate solicitors and canvassers. Whether itinerants who come around to offer to clean furnaces, spray trees, or render other similar services would come under the provisions of the solicitors' regulations might be open to question. In my own opinion they would."

To Village Clerk, Oswego:

"An agreement covering water main extensions similar to that contained in the ordinance you have sent me has been in effect in numerous cities and villages, and in my opinion, it is valid. The language of your ordinance seems clear to me, but in case of question, it might be well to cover any ambiguous features by a clarification."

To City Attorney, Mt. Vernon:

"I concur with your conclusions in your letter of July 19. The Library Board sets the salary for library employees, but of course, no more can be spent for salaries than is set up in the appropriate ordinance.

"Employees in a city park have their salaries set by the City Council."

To Village President, New Douglas:

"The village has the power to collect both the retail sales tax and the vehicle tax.

"Membership in the National Guard does not free a resident of a municipality from the obligation to pay the vehicle tax."

To Attorney, Silvis:

"It would seem to me that either the City or the Defendant has a right to a change of venue in an ordinance violation case."

To Mayor, Lovington:

"An area adjacent to a municipality may be annexed by one of several methods found in Article 7 of Chapter 24 of the Illinois Revised Statutes. The simplest procedure is for the owners of a majority of the property and a majority of the residents in the area to petition the Village Board for annexation. Then by simple ordinance, the area may be annexed". You will need the services of a local attorney to accomplish this."

To Trustee, Benson:

"The Supreme Court has held that a gasoline pump on a street—even though it is on a parkway and not on a part of the street used for vehicle travel—amounts to an unlawful obstruction.

"Consequently, a municipality would be liable for any injury or damage suffered because of the existence of a gasoline pump in a street or parkway.

"Most municipalities have compelled the removal of all such pumps, although a few have permitted them, provided a very large bond is filed to protect against liability."

To Trustee, Fox Lake:

"If the Board has approved an appointment made by the President or Mayor, I do not believe it can rescind this action.

"I believe the officer, having been appointed and qualified, has the position and can be removed only in the manner provided by law.

"This matter should be discussed with your City Attorney, who can, by examining the records, advise more precisely as to what can he done."

To City Attorney, Pontiac:

"I have not made any search of the subject, and I do not know of any decision, or any case calling up to the Appellate or Supreme Court on the question of whether a failure to file objections five days prior to the return day in annexation proceedings under Article 7-1 to 4 of Chapter 24 precludes any objections being filed, even with leave of Court."

To Corporation Counsel, Belvidere:

"I believe that a building code could be so drafted that it would prevent the use of a trailer as a permanent residence.

(Continued on page 159)

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ILLINOIS MUNICIPAL REVIEW—THE VOICE OF ILLINOIS MUNICIPALITIES 159

QUESTIONS AND ANSWERS
(Continued from page 158)

"I know of no decision on the matter, but it seems obvious that reasonable building regulations could be required which would make the use of a trailer as a permanent residence impossible."

To Police Chief, Carmi:

"The Police Department does not have any direct responsibility to pick up stray dogs unless the ordinances impose such a responsibility.

"I am enclosing a copy of an ordinance suggested by

[The remainder of this article is not included in the text provided to us.]


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