Answers to Questions
By THOMAS A. MATTHEWS, J. D., League Consultant

SUBMIT ALL QUESTIONS FOR INFORMATION IN WRITING

To Village Clerk, Lakewood:
"Municipalities are given by statute certain control over waters within their boundaries, and over the use of boats in such waters. A reasonable ordinance regulating the use of power boats would be upheld."

To City Clerk, Breese:
"There are several procedures set out In Article VII of the City and Villages Act for annexation. If all of the owners of property in the area to be annexed, and all of the residents in that area petition for annexation, the city may take action directly on the petition by ordinance. If a majority in number of the owners of land, owners of a majority in area of the land, and a majority of the residents petition to annex, the annexation procedure involves a hearing in county court. In either case, of course, the services of an attorney are necessary, to see to it that all details of the procedure are properly followed.

"Frequently municipalities require the individuals petitioning for annexation to pay the cost of preparing the annexation petition, the map of the area to be annexed, and an annexation fee which would cover a proportionate share of existing municipal utilities such as sewer and water."

To Alderman, Byron:
"The city may charge an additional service charge over and above the regular water rates and sewer rates, to water users outside of the city limits. It is the practice of many municipalities to charge a higher rate for service to people outside of the corporate limits.

"The city can levy a forestry, tax of five cents per hundred dollar valuation, or for fifty cents per one thousand dollar valuation, after a referendum. The services of an attorney will of course be necessary to advise you as to the procedure and forms for the election.

"Although some municipalities have adopted ordinances permitting village officers to go on private property to inspect or destroy trees infected with the Dutch Elm disease, I know of no statutory authority for such activity on private property, without the owner's consent."

To Mr. Sargent, Illinois Municipal League:
"With regard to combining the positions of clerk and collector where the office of clerk is elective: Paragraph 9-98 of Chapter 24 of Illinois Revised Statutes provides:

'All municipal officers except as otherwise provided shall receive the salary, fees or other compensation that is fixed by ordinance. After they are once fixed, these salaries, fees or other compensation shall not be increased or diminished so as to take effect during the time for which any such officer was elected or appointed.

'However, in municipalities having a population of less than 10,000 as determined by the last preceding Federal Census where the same person holds the elective office of municipal clerk and the appointive office of municipal collector, the corporate authorities may provide by ordinance for such person to receive the compensation provided for each of these offices, but in such case the aggregate compensation paid for both offices shall not exceed $5,000 per year.'

"The last paragraph above quoted was added by amendment in 1953.

"Since prior to that amendment the clerk could have been given the duties of the collector by ordinance, the only purpose for the amendment seemed to be to permit an increase in the compensation of the clerk during the term of office when the duties of the two offices are combined. The location of this amendment is the only paragraph that provides that the compensation may not be increased during the term of office strengthens this view.

"Consequently, I feel that the effect of this paragraph is to permit an increase in the compensation of an elected clerk during his term if he is appointed collector, or the collector's duties are assigned to him during the term.

"The result could be accomplished in one of two ways: The clerk could be appointed as collector, and at the same time an ordinance could be passed declaring that the clerk should receive both the compensation established for that office and the compensation established for the collector. Or, I believe, it an ordinance were passed providing that the clerk shall be ex-officio collector and shall receive the compensation provided tor both offices that would suffice.

"Such an ordinance could read as follows:
'Be it ordained by the city council of the city of ---------------that: The city clerk shall be ex-officio city collector and shall perform all the duties of that office. The clerk shall receive as compensation both the salary established for the office of clerk and the compensation established for the office of collector.'

"If the procedure followed is merely to appoint the clerk as collector, that appointment could be made in the usual way, and an ordinance could be passed reciting that:

'The clerk shall receive as compensation both the salary established for the office of clerk and the compensation established for the office of city collector.'

"As I indicated above, I think that the clerk could be given the duties of collector during the term of his office as clerk, and that at that time his compensation could 'be increased up to but not to exceed $5,000 per year. But, I am of the opinion that once this is done this compensation could not be reduced during the balance of the clerk's term, even though the council might later wish to take from the clerk the duties of the collector and have those duties performed by a separately appointed collector."

September 1958 / Illinois Municipal Review / Page 213