To Alderman, Mounds:

"In an aldermanic form city, a vacancy in the office of Treasurer may be filled by appointment for the remainder of the term. (See Ill. Rev. Statutes, Chapter 24, Par. 9-12.)"

To City Clerk, Gilman:

"The municipality has the power to prohibit outdoor toilets and compel connection with the sewer system in all premises where a sanitary sewer is available."

To Attorney, Bethalto:

"The enclosed Traffic Ordinance will be of assistance to you.

"It is my opinion that under the present statutes, municipalities may pass and enforce ordinances limiting the speed of vehicles provided that the ordinance repeats and does not vary the State statutory speed regulations.

"The Attorney General has issued an opinion to this same effect—although at least one large automobile club insists that this view is erroneous."

To Village Attorney, Dolton:

"I believe that a policeman may be hired, even though he is over the age of 35, but he cannot be given any of the benefits of the Police Pension Fund if he is over the prescribed age when first employed as a policeman.

"I do not recall that the Fire and Police Commissioners Act (Article 14 of Chapter 24) has any age restrictions, and if it does not, a policeman might be protected by this tenure of office provision even though he would not be entitled to any pension benefits."

To Village President, Midlothian:

"Municipalities do not have the power to require builders or subdividers to contribute money to the school board building fund; ordinances providing for contributions have been adopted in quite a few municipalities and have been accepted and acted on by the subdividers and builders voluntarily.

"The problem which school boards face can be met only by legislation in Springfield. It has been suggested that school boards might be authorized to finance the construction of new buildings where needed in a hitherto vacant area by bonds payable from a tax levied in the area benefited by the new school building.

"The municipality has no legal power to force builders or subdividers to contribute to the school board."

To City Attorney, Salem:

"Rebates in special assessment funds, after all bonds and vouchers have been retired, are to be distributed in accordance with Chapter 24, Par. 84-92 and 93 and Paragraphs 86-4 to 8."

To Attorney, East St. Louis:

"A while ago, the Illinois Municipal League published a bulletin on licensing powers, which includes suggested types of licensing provisions.

"The executive office can send you a copy which I am sure will be of assistance to you."

To Trustee, Gary:

"I don't know of any authority for licensing gravel pits basing the license upon the amount of material sold in Illinois.

"The League executive office may be able to give you information about any federal grants for urban planning."

To Attorney, Spring Valley:

"I do not believe that an ordinance would have any effect upon what are the actual boundaries of the municipality.

"Annexation and disconnection ordinances, of course, should have been filed for record, and it seems to me the only thing that can be done in the situation you describe is to find out from the records what annexation or disconnection ordinances were passed, and record them if that has not been done before. This search, of course, would include a search of the court records for annexations effectuated by a referendum."

To Attorney, Harvey:

"The League office can give information only to municipal officials on municipal problems.

"From your letter of the 24th, it seems that you have a private matter rather than a city one."

To Attorney, Hamilton:

"I do not believe that there is any requirement that in a non-commission form city there must be advertisements before the purchase of a fire truck."

To Attorney, Rochelle:

"We do not have available a form of ordinance for a revenue bond; if you plan to have the bonds approved by some recognized bond counsel, of course you should use the form suitable for him."

To Mayor, Bloomington:

"With regard to how and when a city which has adopted the managerial form of government, after a referendum under Article 20 of Chapter 24 of the Revised Statutes, may abandon the managerial form of government:

"The procedure for abandoning the managerial form of government is prescribed in Chapter 24, Par. 20-13. That paragraph provides:

'Any city or village which has operated for four years or more under the Managerial form of Government may abandon such organization in the manner herein provided. When a petition therefor signed by electors of the municipality equal in number to at least ten per cent of the number of votes cast for candidates for mayor at the preceding general quadrennial election is filed with the city or village clerk ...'

"then the proposition to abandon the managerial form shall be submitted 'at the next managerial election to be held at least sixty days after the filing of such petition.'

"If the people then vote to abandon the managerial form of government, the city reverts back to the aldermanic or commission form of government (whichever it was under at the time Article 20 was adopted) 'at the next succeeding general election.'

'In case the plan authorized by this article is to be abandoned, the next general election for officers shall be held at such time as is specified in Section 9-10 or 9-77 of this act for such election.' (That is, in April of the next odd numbered year.)

"Thus, in Bloomington, the proposition to abandon the managerial form of government could be put on the ballot

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at the general municipal election held four years after the city started operating under the managerial form. If the vote is to abandon the managerial form at that time, the change becomes effective two years after that—in April of the odd numbered year.

"The proposition to abandon the managerial form can not be submitted more often than once every four years."

To City Attorney, Geneva:

"Par. 9-98 of Chapter 24 of the Revised Statutes has been universally construed as requiring reports only from officers receiving fees in lieu of salaries.

"I do not know of any municipal attorney who makes a report under this section."

To Attorney, Oneida:

"Nominations for municipal office in the name of an established party can be made only in a primary election excepting in municipalities having a population of less than 5,000. (See Ill. Revised Statutes, Chapter 46, Par. 7-1 and following.)

"I believe that elections, even in special charter cities, must be held at the time provided for general municipal elections; that is—in April of the odd numbered years."

To City Clerk, Christopher:

"A city does not have the power to compel a utility company to pay for the use of its 'streets, although a voluntary agreement to pay a prescribed amount is valid.

"Under a new act passed at the most recent session of the Legislature, cities have the power to tax utility companies up to 5% of the gross receipts. See the Illinois Municipal League bulletin on this subject."

To Alderman, Macomb:

"Under Illinois Revised Statutes, Chapter 102, Par. 29 and following, municipalities are permitted to invest funds on hand but not immediately needed in Certain securities described in Par. 30 of that chapter."

To Attorney, Plainfield:

"I don't think there is anything to prevent a Village Clerk from serving as Precinct Committeeman."

To City Clerk, Chrisman:

"Since a member of a City Council can not receive any pay from the city other than his compensation as Commissioner or Alderman, he could not he paid for service as a policeman."

To Trustee, Round Lake Beach:

"As I understand your letter of January 16, the Village has been asked to participate in the expense of a referendum to increase the tax of a sanitary district of which the Village forms a part.

"I do not know of any authority for a municipality to expend money for such purposes, and certainly the municipality could not expend money for propaganda urging voters as to how to vote.

"Chapter 46, Par. 29-23 prohibits the sale of liquor at the time the polls are open at any State, County or Municipal election. Par. 1-30 of Chapter 46 defines a municipal election as one in which the submission of any proposition (as well as election of officials) in any sanitary district among others is voted on."

To Attorney, Onarga:

"A tax anticipation warrant can be issued in anticipation of the collection of taxes; it is in effect an assignment of the tax money when collected.

"It could not be used in anticipation of revenue from property owned by a municipality."

To Village Clerk, Lakemoor:

"A library may be established and a tax in the amount of 1/10 of 1% may be levied for library purposes, after approval by the voters at a referendum, under the provisions of Illinois Revised Statutes, Chapter 81, Par. 10 and following.

"You will note that a library board of six members is elected where a village library is established. Bonds may be issued for a library building after approval at a referendum.

"When fifty voters petition, a referendum must be held on the question of whether or not to levy a library tax; and if the measure receives a favorable vote, the board may be established and the library trustees can take office and start to work. The library trustees are voted for at the same time the proposition to levy a tax for the library is submitted.

"Thank you for your favorable comment on the recent Convention—I know we all feel that the executive staff did a good job, and we will all be glad to see a larger representation from your village, as well as from all others at the next Convention."

To Attorney, Sparta:

"We do not have a special form for the automatic type school crossing signal located on a State highway.

"I understand that the State Division of Highways has a form which it recommends and which is, as I recall it, effective."

To Mayor, Pontiac:

"A full-time paid fire department to which the mandatory fire pension fund act would apply means a department made up of employees who are hired fulltime, for fire department purposes. Volunteer firemen—or those who respond only to call—are not included.

"From your letter of December first, I would gather that you have only one fulltime fireman—namely, the Chief—who is subject to the benefits."

To Superintendent of Police, Carmi:

"Revised Statutes, Chapter 43, Par. 110 authorizes a municipality to prohibit the employment of a minor for serving intoxicating liquor; and Chapter 48, Par. 31.7 prohibits employing anyone under the age of 16 in a tavern.

"There is no specific statute prohibiting a boy of 19 from serving in the tavern unless this could be construed as violating Par. 131 of Chapter 43 which makes it unlawful for any person to 'sell, give or deliver alcoholic liquor to any minor.'"

To City Engineer, Rockford:

"I am impressed by your accurate memory in recalling a statement I made in response to a question from the floor at the 38th Illinois Highway Engineering Conference held in February of 1952.

"I do not recall this precise question and answer, but the answer as you recall it and quote it in your letter of November 30th is precisely what I would have said.

"In a special assessment proceeding, when, upon completion of the job, it appears that the work has been completed for less than the estimate, there may be a reduction in the assessment as finally confirmed—and where the difference in cost is considerable, as you indicate, this is much preferable to having the assessment confirmed in the full amount with a rebate after all bonds and vouchers have been paid.

"Whether the rebate at the present time should be for the full amount of the difference, or there should be a slight excess left tor a cushion is a matter which you should discuss with the Corporation Counsel."

To Village President, Oak Lawn:

"Municipalities have no authority to require an agreement to deposit to a school fund as pre-requisite to the issuance of a building permit. There is no statute authorizing any such requirement.

"If such a payment is made voluntarily into a trust fund for school purposes, that of course would not have any legal repercussions.

"The effect of having made connections in the past under such an ordinance should be discussed with your village attorney."

To City Clerk, Hoopeston:

"I believe that an Alderman or Trustee may be compensated for attendance at a meeting even though he is not present when the roll is called, so long as he appears and takes part at any time during the meeting."

To City Attorney, Chester:

"It seems to me that, on the facts described in your letter of November 22nd, the sales tax is due in the city where the office of the car dealer is located.

"The State Revenue 'Department has adopted rules which would make the same decision."

To Village Clerk, Dowell:

"The Treasurer's compensation is usually based solely upon the tax money collected, where it is a percentage of the amounts collected.

"I do not believe that other revenues would be included on this percentage basis unless the ordinance specifically says so."

To Finance Officer, Elmhurst:

"Contributions to the Firemen's Pension Fund for employees who have been in service for a period of time before the fund came into effect must be made in accordance with the statute under which you are operating.

"The problem as what should be contributed in any particular instance should be discussed with your City Attorney."

To Police Magistrate, Pekin:

"I do not believe there is any uniformity in the practice of compensating the police magistrate in any way where the so-called 'cafeteria court'—or voluntary payment in lieu of waiting for trial—is used for parking and other minor traffic violations.

"You will note that this subject was touched on in a recent article in the ILLINOIS MUNICIPAL REVIEW discussing the so-called 'cafeteria court.'"

To City Treasurer, Sumner:

"A volunteer fire department may have its own treasurer, and contributions may be held by such treasurer; or the city treasurer may serve also as treasurer tor the fire department.

"In either event, the money is to be spent solely for fire department purposes."

To Alderman, McLeansboro:

"Although a city can not increase or decrease the compensation of an official who is serving a term set by statute during that term, an exception is made in that the

offices of Clerk and Collector may be combined and the compensation for the combined office may be fixed at not to exceed $5,000 per year. (Chapter 24, Par. 9-98.)

"If these two offices were combined and the compensation set before the clerk took office, then the restriction would apply."

To Village Clerk, Coalton:

"It is my personal view that village board meetings may be held on Sunday, and that acts of the board would be valid even though Sunday were the meeting day. There are many attorneys who would question this, however, because of old decisions that at least no judicial acts can be performed on a Sunday, and the power to hold a meeting of the legislative body on a Sunday would be at least debatable."

To Alderman, Macomb:

"Receipts from parking meters may be used for any proper corporate purpose; there is no law restricting the use of such receipts."

To Village President, Bridgeview:

"Under Paragraph 59 of Chapter 53 of the Illinois Revised Statutes a salary may be established for the office of Police Magistrate, in which even the Magistrate turns over to the municipality all costs in cases involving ordinance violations."

To City Attorney, Geneva;

"Most municipalities regulate the planting of trees or shrubs on city property, and a few—including Oak Park— have established a forestry department."

To Village Clerk, Danforth:

"The corporate tax rate may be increased on a referendum vote under Chapter 120, Par. 643 (a), and Chapter 24, Par. 16-1 of the Revised Statutes."

To Trustee, Arthur:

"Our letter of November 30th should have read that there can be no police magistrate in a municipality located in two or more counties—that is if the municipality extends outside one county into another. See Wellman v. Washburn, 410 Ill. 322.

"Where there is no police magistrate, any justice of the peace in the county where the offense took place may hear any case. The village president, as chief executive, would have the power to direct the police department as to what justice to call in for ordinance violation cases.

"There was an article in the Illinois Municipal Review, the April, 1954, edition, on the so-called Cash and Carry Court System, with a suggested ordinance."

To Corporation Counsel, Evanston:

"As I read paragraphs 15-11 to 16 of Chapter 24 relating to the Working Gash Fund, the limit of $400,000 applies only to the amount of bonds that may be issued. There is nothing to prevent the municipality from putting cash surplus at the end of the year into the Working Cash Fund and building up the Working Cash Fund in this way, or by the tax permitted, without the issuance of bonds."

"I do not know of any decision on these questions."

To City Attorney, Flora:

"A vacancy in the office of Police Magistrate may be filled by a special election under Ill. Rev. Statutes, Chapter 24, Par. 9-17 and 9-73. Under Par. 32 of Article 6 of the constitution a vacancy with less than a year to run is filled by appointment by the County Board."

To Village President, Bridgeview:

"A municipality has the power to adopt a traffic ordinance—such as that suggested by the Illinois Municipal League—and to enforce it on all streets, including state highways, within the corporate limits.

"Where the Police Magistrate is on a salary, the costs in cases involving the violation of an ordinance are not retained by him but are turned over to the municipality; in cases involving the violation of the statute, the Police Magistrate may retain the costs.

"A traffic violator who commits an act which is a violation both under the ordinance and the state traffic law may be charged with either the ordinance or statutory violation."

To City Attorney, Collinsville:

"I can see no objection to the use of funds on hand for the purchase of a site for a library on the facts described in your letter of January 6th."

To Attorney, DePue:

"The proceeds of the municipal sales tax may be used for any legitimate corporate purpose—subject, of course, to the general principle that the municipality is not permitted to build up a surplus. If there is a prior approriation covering the purchase, it could be used for the purchase of a garbage truck."

To Corporation Counsel, Freeport:

"In view of the recent decision of the Illinois Supreme Court in Chicago Heights vs. Western Union, 406 Ill. 428, and cases cited therein, a municipality cannot compel a utility to pay a fee for the use of the streets after its franchise has expired."

(Continued on page 36)

To Corporation Counsel, Rockford:

"On the matter of having a covenant running with the land to impose certain restrictions on property, in addition to zoning restrictions, I would question whether the act of the city in zoning property in a certain way could be construed as consideration for the covenant.

"I know of several instances where a similar plan has been followed, but the covenant was based upon the customary $1.00 and other good and valuable considerations and recited that it was for the benefit of and the protection of all owners of property within the described area."

To City Attorney, Lockport:

"Whether the office of Town Auditor would be incompatible with that of Alderman of a city depends upon whether the office of Town Auditor is legislative in character. If it is, the offices are not incompatible. I do not know of any decision on the subject."

To Village Attorney, Washington Park:

"The League published a suggested ordinance to license taxicabs in the Illinois Municipal Review some time ago; the Executive Office could send you a copy, if you will write there directly."

To Village Clerk, Thayer:

"Under Revised Statutes, Chapter 120, Paragraph 441, no state sales tax is paid on sales to municipalities.

"I do not know of any authority for a municipality to regulate or control jet airplanes or other planes which by supersonic speeds cause damage."

To City Attorney, Christopher:

"There are decisions holding that since special assessment funds are trust funds, the statute of limitations does not apply; and certainly payments on such bonds would waive the statute.

"There are a few recent decisions on the obligations created by special assessment bonds, as you mentioned in your letter. I do not have their citations, but they can be found in the Annotated Statutes."

To City Attorney, Gurnee:

"There is nothing in the statute authorizing a municipal sales tax which limits the use to which the proceeds of this tax may be put, and I agree with your conclusion that such money may be placed in the corporate fund and used for any corporate purpose for which appropriations are made."

To Chairman of Finance Committee, Hometown:

"Article 7 of Chapter 24 of the Revised Statutes provides that vacant property may be annexed to a municipality upon petition signed by the owners of all such property.

"The City has the power to condemn lots for a site for a water reservoir; court action may be started if it is impossible to reach an agreement with the owner.

"The Police Pension Fund Act would not apply to part-time policemen who serve on the same basis as volunteer firemen. Where the Pension Fund is applicable, a special tax may be levied for the purpose."

To Alderman, Loves Park:

"Where an ordinance provides that a bond must be submitted 'in the form and with security to be approved by the Mayor and Council,' then this approval must be not merely as to the form of the bond but also as to the surety. The bond could not be approved unless the Council knew who the surety is to be."

To Village Attorney, Niantic:

"The proceeds of the municipal sales tax may be used for any legitimate municipal purpose, including payment of general obligation or revenue bonds that may have been issued."

To City Attorney, Fairfield:

"I am glad that your city officials read the Illinois Municipal Review, but it should always be remembered that the City Attorney who is on the spot is better qualified to answer questions as to particular problems than anyone else.

"The Policemen's Pension Fund Act does have inequities in it, but I do not believe that any refund can be made unless it is specifically authorized by the Act. Policemen who made back contributions prior to the amendment of 1955 are not entitled to a refund so as to bring the contributions within the formula of the 1955 amendment unless the Act specifically authorizes a refund —and it does not do so."

To Attorney, Herrin:

"The regulation of the construction of gasoline filling stations is covered by a bulletin published by the Department of Public Safety of the State of Illinois, which contains specifications for construction of stations and equipment.

"This applies to filling stations wherever located."

To Trustee, Steeleville:

"Any sewer line must be approved by the State Department of Health, and it is necessary to have a competent registered engineer in charge of any sewer construction or other major improvement.

"Municipalities which have established a playground and, by referendum, authorized a special playground tax, may hire a recreation superintendent; but even without such a special tax, a municipality could—if it maintains parks—hire a supervisor for the parks."

To Attorney, South Jacksonville:

"Of course a sales tax should be paid in the place where the sale is completed. The place of delivery is not necessarily controlling.

"The State Department of Revenue has promulgated rules to cover the situations such as described in your letter of the 20th—copy enclosed."

To Chairman Finance Committee, Marengo:

"The person in full-time charge of the city office may be designated as a Deputy Clerk or a Deputy Treasurer and may serve as assistant to both of these officers."

To Attorney, Forest View:

"I am firmly of the opinion that municipalities may enact and enforce ordinances relating to speed of vehicles providing the ordinance repeats and does not conflict with the statutory limias.

"This is based upon the fact that cities have the power to make and enforce regulations not in conflict with State laws, and the specific qualifications: 'except as to speed' which was formerly in the statute has been eliminated.

"I am informed that the Attorney General has issued an opinion which agrees with my conclusion in the matter."

To Mayor, Mason City:

"Under Chapter 122, Par. 29-12 and Chapter 95 1/2, Par. 96, the drivers of vehicles approaching a school bus which has stopped must stop such vehicles on any highway outside a business or residential district.

"The traffic ordinance prepared for the Illinois Municipal league does not require stops in the residence or business districts but I believe it would be within the power of the municipality to enact and enforce an ordinance requiring such stops, it it so desired. The language of the Statute could be used, leaving out the exception as to business or residential districts."