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Answers to Questions

By THOMAS A. MATTHEWS, J. D., League Consultant
SUBMIT ALL QUESTIONS FOR INFORMATION IN WRITING

To Attorney, Milan:

"There must be a referendum to approve a general obligation bond issue to finance the cost—or part of the cost—of constructing a city hall.

"However, the proposition is merely one as to the issuance of the bonds, and the maintenance of the building after it is constructed comes out of the corporate revenues.

"We do not have available forms for calling such an election, hut if the bonds are to be approved by any particular bond counsel, as is usually the case if they are to be sold commercially, that bond counsel should be consulted in connection with preparing the papers and ordinances."

To Trustee, Middletown:

"Technically one who employs a minor should receive from the minor's parents a statement that wages may be paid directly to the minor; although if the parent permits such payments be made without protest there is an assumption that he has consented to such direct payments.

"The Statutes prohibit paying a Village' President or the Board of Trustees anything in addition to their compensation as such officers, even though such officer may render service to the village in the ordinary course of business for which ordinary pay would be proper.

"The expenses of any official for a trip taken on village business may be reimbursed."

To Corporation Counsel, East St. Louis:

"We do not have a form for an ordinance restricting the operation of drive-in motion picture theatres to certain hours."

To City Attorney, Rock Island:

"I concur with the opinions expressed in your letter of August 16th.

"A municipality has the power to expend general corporate money for the maintenance of the waterworks system, but there is no special tax which may be levied in addition to the general corporate tax for the purposes.

"If a levy is made for waterworks purposes, this would be included in and subject to the present tax rate limitation."

To City Attorney, Wheaton:

"I agree with your conclusion that the provisions as to levying a Forestry Tax on Illinois Revised Statutes, Chapter 24, Paragraph 69.1-1 and 69.1-2 go into effect in the fiscal year following the fiscal year in which the election is held, that is, if an election were held now to authorize a levy of that tax, that that tax could be included in the tax levy for 1957 through 1958."

To Village Clerk, Chandlerville:

"Under Illinois Revised Statutes, Chapter 24, Par. 23-73, a village has the power to enter into a contract for fire protection service with any fire department or lire protection district.

"I share your fear, however, that if the village does not maintain any fire department, it might lose the right to receive the 2 per cent tax on the premiums of foreign fire insurance companies. This tax is permitted to municipalities that maintain a fire department, and the proceeds of the tax are to be used for fire department purposes.

"If the fire association you refer to is not an organized fire protection district but is a rural volunteer fire department organization. I would doubt the authority of the village to transfer its property to the association, unless the rural association fire department is adopted as the village fire department. In that case, no transfer of title would be necessary for, as the official village fire department, the use of the truck or equipment would be available."

To Corporation Counsel, Edwardsville:

"I too doubt that you have the power to prohibit keeping horses or similar animals within the city limits, although of course the ordinances may require that any place where animals are kept must be kept clean. You will find in the new Code we are drafting for you—the first draft of which should be ready in a few weeks—standard regulations covering the subject.

"Even without special regulations, a stable or other place for such animals which is permitted to become unsanitary could be the basis of a prosecution for maintaining a nuisance.

"I believe that the city has the power to require connection with the sanitary sewer wherever such connections are available, even though this might mean expense to the property owner or, in certain circumstances, the installation of a force pump. Of course, the property owner might remove the sanitary facilities that, are below sewer level to save this expense."

To Village Clerk, Cobden:

"Neither the Village President nor the members of the Board of Trustees are personally liable in the event a damage suit is started against the Village."

To Village Clerk, Campbell Hill:

"It is of course the obligation of the governing body of a municipality to provide for proper street drains.

"However, the governing body can not be compelled to take any specific action in any particular way, because the Legislature has delegated to it only the responsibility of determining just what is needed and just how the drainage system should be maintained."

To Alderman, Granite City:

"There is no statutory requirement that an ordinance be read before it is adopted."

To Village Trustee, Cary:

"The Attorney General has ruled that a municipality can not regulate the construction of public school buildings and can not require taking out of a building permit for such a structure.

'I think the Attorney General's opinion on this point is wrong, but there is no court decision on the subject."

To Trustee, Dunfermline:

"By Paragraph 9-93 of Chapter 24 of the Illinois Revised Statutes, the Village President and Village Trustees are made conservators of the peace, with the power to make arrests."

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ILLINOIS MUNICIPAL REVIEW—THE VOICE OF ILLINOIS MUNICIPALITIES 179

To Commissioner of Finance, Clinton:

"Fines for violation of the State Traffic Law, excepting license violations, go to the municipality where the violation occurred if the case is prosecuted by the municipality.

"Such fines are turned over by the Justice or Police Magistrate to the County initially to be paid over to the municipality.

"The State's Attorney is in charge of the proper distribution of this fund."

To Attorney, Crotty:

"I think your petition for a change of name for the Village of Crotty is in good form.

"I am one of those who has been deceived during the past years, thinking that the Village of Crotty must be something separate from the better-known Seneca, Illinois; and I am glad for the information that Seneca and Crotty are one and the same."

To City Attorney, Geneva:

"I agree with your conclusions as to the tax rate for a newly created park district, as expressed in your letter of July 31st, but it may be that amendment will be needed to clarify the situation, since the statute does not specifically provide for the rate for such newly created districts."

To City Attorney, Staunton:

"I do not believe the statute is completely clear, nor have there been any decisions that I know of on the precise powers of the State Sanitary Water Board over the matter of extensions of water mains. However, since the purpose of giving the State Sanitary Water Board control over installations and extensions of water mains is to protect the people against possible contamination, it would seem that an extension of a main for any distance would be subject to the same control.

"The extended portion of the main, no matter how short, might later form a part of or connection with a much larger extension."

To City Attorney, Charleston:

"I do not believe that Par. 19-24 of Chapter 24 of the Illinois Revised Statutes requires that voters at a special election in a commission-form city must be registered if the city has not adopted the statute providing for registration for municipal elections.

"You will note that 19-24 seems to have been copied from some other State and not to have been drafted with specific reference to Illinois elections."

To Corporation Counsel, Joliet:

"Technically, anyone who holds a position which is created as a municipal office by either statute or ordinance would be barred from having any interest in any contract calling for money to be paid by the municipality.

"I think it would be necessary to study the statutes and ordinances establishing the positions you mention in your letter to determine whether or not they are offices or merely positions."

To City Attorney, Sandwich:

"Although the appropriation ordinance must be published, there is no requirement for the publication of the tax levy ordinance.

"A certified copy of the latter must be filed with the County Clerk not later than the second Tuesday of September."


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