To City Manager, Savanna:

"You are quite right in noting that the statute requiring the publishing of the Treasurer's Annual Report calls for publication between the first and tenth of April, and usually fiscal years end on the 30th of April.

"Most municipalities publish this report after the end of the fiscal year."

To City Clerk, Calumet City:

"A full time Fire Chief is covered by the Firemen's Pension Law, just as is any full time Fireman."

To City Attorney, Champaign:

"I believe the city has the power to regulate hours at which deliveries from trucks may be made in any particular restricted district, or to regulate the weight of trucks which may use certain designated streets.

"I believe you will find in the traffic portion of the Code in your hands, a section which would limit the weight of vehicles on designated streets. This can be, I think, phrased as follows to meet the purpose indicated in your letter:

" 'It shall be unlawful to operate any vehicle, including load, in excess of ...... pounds on any street or portion of a street which has been designated by the Council as a weight limit street upon which vehicles in excess of such weight are prohibited.

" 'The Superintendent of Public Works shall post signs indicating such weight limitations on all weight limitation streets.'

"Under the statutes, we can limit the weight of vehicles on certain designated streets provided signs are posted indicating such weight limitations."

To City Attorney, Salem:

"As I understand your zoning ordinance, Sections e and f of Article 12, Section 1 are independent, each prohibiting certain acts.

"On the basis of the facts contained in your letter, I would think that the application now before you would have to be denied."

To City Attorney, Abingdon:

"The city may install water mains and pay for the cost either with proceeds of a special assessment against the property benefited or by the sale of water revenue bonds.

"The League published a pamphlet containing forms for special assessment proceedings some time ago which may be helpful to you."

To Corporation Counsel, Jerseyville:

"The City has the power to prevent disorderly conduct and to prevent obstruction of sidewalks or other public ways.

"It does not have any authority specifically to regulate picketing or to require the registration of persons who intend to engage in that activity.

"I share your inability to find any authority for such an ordinance."

To City Attorney, La Salle:

"I concur in your conclusion that municipalities do not have the power to flatly prohibit the operation of a motor court or motel within the corporate limits, but I believe that they have the power to license and regulate such businesses and to control the location by proper zoning ordinances."

To Trustee, Cary:

"The Attorney General has issued an Opinion to the effect that a school board need not secure a building permit for the construction of a school building.

"I do not believe that this conclusion is correct, but I presume that until we have a Court decision on this matter, it will be well to follow his Opinion."

To City Attorney, Rushville:

"Whether one serving more than one user from a Skelgas or similar tank is by so doing operating a public utility would, I presume, depend upon a lot of facts that do not show in your letter of the second.

"I believe that the city could, by ordinance, regulate or prohibit this practice."

To City Attorney, Champaign:

"I concur in your conclusions in your letter of the first.

"It would appear that, on the facts, you at least have a fair basis for declaring an emergency and authorizing an emergency appropriation under Paragraph 15-1 of Chapter 24."

To City Attorney, Sullivan:

"I believe you have by your motion raised the defenses against the suit for services.

"No person is entitled to pay from the municipality unless he has been appointed to an office or hired as an employee in the manner provided by statute, or unless he has a contract properly entered into and authorized by the City Council.

"The Complaint does not allege any of these essentials."

To Village Attorney, Yorkville:

"The enclosed ordinance on trailer camps may be of assistance to you.

"Please return it to me."

To Village Attorney, Schram City:

"I know of nothing which makes it mandatory for a Village Clerk to keep track of former village employees or present village employees and to notify the Railroad Retirement Board if such person happens to be under the Railroad Retirement Act.

"It is the duty of the beneficiary to notify the Retirement Board if he takes another job, but I know of no law compelling the Village to make such reports."

To City Attorney, Geneva:

"There have been, in other states, statutes and ordinances prohibiting the sale of liquor on a Sunday, excepting in establishments where food is sold for consumption on the premises; and in general, I believe those ordinances have been held valid in other States.

"So far as I know, there has been no decision on the subject in Illinois.

"It seems to me that this would be a reasonable regulation, but as I indicated, I do not know of any Illinois decision on the subject."

To Village Attorney, River Forest:

"I do not believe that Article 62 of Chapter 24 would authorize a sewer rate charge or combined sewer and water rate charge excepting in connection with the construction of a comprehensive improvement to the system.

"However, I believe that Article 60, Paragraph 70 does justify a sewer rate even though no bonds are issued and no construction work is undertaken. This would have to be a sewer rate charge which could, of course, be based upon the water used."

To City Attorney, Sterling:

"I concur with your conclusions contained in your letter of October 8th.

"The presence of all Council members waives any notice of a special meeting, and if the statute does not require a written notice, oral notice of the meeting should be sufficient.

"There is also a Supreme Court case holding that approval of the minutes of a special meeting, when done at a regular meeting, in effect makes the special meeting valid, even though there was a defect in the giving of the notices."

To Village Clerk, Thayer:

"Where less than a quorum of the Board of Trustees is present at a meeting, no action can be taken authorizing the payment of money.

"A smaller number of trustees than a quorum can adjourn the meeting to a later date."

To Mayor, East Dubuque:

"I agree with your city attorney's opinion that there is no way you could legally pay the Bill referred to in your letter of October 4th."

To City Clerk, Ashley:

"Municipal records as to water bills and cancelled checks, where no dispute has arisen, may be destroyed after ten years.

"I believe that the Clerk should keep permanently records as to elections and records as to ordinances, resolutions and minutes of the meetings of the City Council."

To Alderman, Edwardsville:

"A municipality may install traffic control devices for the protection of pedestrians where there is sufficient traffic to warrant such devices. These devices need not be restricted in their use to the hours when school is in session.'"

To City Clerk, Streator:

"I know of no authority for a municipality to contribute to a Community Chest."

To Chairman of Finance Committee, Monticello:

"An agreement could be made between subdivides and a city, whereby sewer connection charges could be used to recoup part of the cost of a sewer lift station. At the time the lift station is installed, the city could provide by Ordinance for a connection charge, and it could further provide for a rebate to the subdivider who built the lift station out of such connection charges when collected.

"The question as to whether the connection charges referred to in your letter of September 28th are valid depends upon the facts of the individual case, and should be taken up with your City Attorney."

To Alderman, Northlake:

"If sewer and water mains are installed in platted streets in a subdivision prior to that subdivision's annexation to a municipality, those mains become the property of the municipality upon such annexation.

"The municipality is thereupon under no obligation to pay either the developer of the subdivision or the contractor who installed such improvements for the improvements.

"Any contract or resolution acted upon after such annexation whereby the municipal officials attempt to bind the municipality to pay for such improvements would be without consideration, and hence void."

To Village Clerk, Hooppole:

"The discharge of sewage or of effluent from septic tanks into an open ditch could be prohibited by ordinance under Illinois Revised Statutes, Chapter 24, Par. 23-61."

To Attorney, Benton:

"The question of whether the clerk who resigned is entitled to the percentage payments he received depends entirely upon the language of the ordinance setting up the clerk's compensation."

To Attorney, Watseka:

"We do not have a special model ordinance relating to licensing amusements but the article on licensing powers published in July 1951 issue of the Illinois Municipal Review did contain suggested ordinances licensing certain amusements. These may be helpful to you."

To City Attorney, Geneva:

"It seems to me that the additional payment made you was a payment for expenses incurred rather than an increase of your compensation and as such it was proper for you to accept and receive it."

To Alderman, Wamac:

"I am not familiar with all forms of Federal aid that may be available, but I do not know of any that could

be available to your city of Wamac for the construction of a sanitary sewer plant.

"Perhaps Mr. Sargent could let you know if he knows of any such help available."

To Attorney, Charleston:

"I agree with your conclusions in your letter of June 19th.

"It seems to me that if you follow the procedure you outlined, selling the city-owned cemetery in compliance with Ill. Revised Statutes, Chapter 24, Par. 59-1, and following, this would be the correct procedure."

To Attorney, Spring Valley:

"As you have noted in your letter of the 19th, some municipalities still require a bond to be furnished by the operator of a tavern to insure compliance with the ordinances.

"I believe that, a municipality might require such persons to secure a public liability policy to insure liability under the Dram Shop Act, but there is no authority for a bond to guarantee compliance with the ordinances."

To City Attorney, McHenry:

"Based upon the facts in your letter of May 26th, I believe that a motion to approve a plat followed by the placing of the signatures of the Mayor and Clerk on the plat, indicating such approval amounts to complete approval of the plat.

"There are decisions holding that approval of a plat does not amount to acceptance of the streets designated in that plat; such acceptance to be evidenced by either a specific motion or resolution accepting the streets or by implication which follows if the city grades, puts in improvements or otherwise exercises jurisdiction over the platted streets."

To Alderman, Peru:

"I cannot find any authority for a municipality to enter into a contract with a labor union governing wages, hours or conditions of work.

"It is customary in some places to consult with labor union officials in establishing these factors, but no binding contract covering them could be entered into by the city.

"This is a matter which you should check with your city attorney."

To City Clerk, South Beloit:

"I do not believe that the publication described in your letter of June 15th is a newspaper within the meaning of the statute requiring the publication of ordinances and notices in newspapers.

"However, you should check this with your municipal attorney, because there may be additional facts which would qualify this publication for such purposes."

To Attorney, Chillicothe:

"It has always been my opinion that Paragraph 9-91 and Paragraph 9-99 of Chapter 24, Illinois Revised Statutes, prohibit paying a city clerk any money in addition to the salary established for the office at the start of the term, even though his duties may be increased and even though he may perform duties not necessarily connected with the office of clerk."

To Village Clerk, Hanna City:

"Fines for traffic violations of an ordinance always go to the municipality; fines for traffic violations of the State law—except failure to have a license—go to the municipality if the case is prosecuted by the municipality.

"Where the arrest is made and the case prosecuted by the State or County police, the fine goes to the County."

To Village President, Bloomingdale:

"I do not know any Court decision on the question of what constitutes a bulk oil station or a bulk gasoline station, but the ordinary definition would be one in which such commodities are stored and handled on a wholesale basis in wholesale amounts."

To Village Clerk, Viola:

"There is a provision for a tax for cemetery purposes found in Illinois Revised Statutes, Chapter 24, Par. 16-14.

"There must be a referendum to authorize a levy of this tax.

"We do not have forms for an ordinance regulating cemeteries."

To City Clerk, Kankakee:

"The compensation of aldermen in aldermanic form cities is set in Ill. Revised Statutes, Chapter 24, Par, 9-93, and as you will note, it can not be more than $15.00 for each meeting attended by the aldermen.

"There is no limitation on the number of meetings which may be held in the case of cities, although villages are restricted to four meetings a month.

"This matter should be discussed with your City Attorney."

To City Attorney, Vienna:

"The anticipated income from the sales tax should be considered, along with license fees and other miscellaneous revenue, in determining the amount of the tax levy after the appropriation ordinance has been passed.

"It is not necessary to specifically refer to these miscellaneous sources of revenue in the appropriation ordinance, but it is becoming increasingly customary to do so.

"See the League Bulletin on 'How to Levy Taxes' for a suggestion on this."

To Village Clerk, Phoenix:

"Our Illinois courts have held that on the appointment of an officer, a trustee or alderman who refuses to vote is counted as having voted with the majority.

"This rule, I think, would apply to a motion to approve a plat, so that if it received one 'No' vote and three 'Aye' votes, with two not voting, the plat would be considered approved."

To Attorney, Mount Morris:

"With reference to your letter of August 3rd: I do not believe that the provisions of Chapter 102 relative to filing a report with the County Clerk apply to the annual report of the Village Treasurer, which is specifically covered in Chapter 24, Par. 9-62, as mentioned in your letter.

"As you know, the statute is peculiar in that it requires that the Treasurer's report be published between the first and 10th of April and cover the proceedings of the preceding fiscal year.

"As to your inquiry of August 4th: Sidewalks may be put in by the municipality and the co3t. thereof charged to the abutting property owners by either a special assessment or special tax proceeding. The distinction is that in a spec'al assessment proceeding, bonds are issued, whereas in a special tax proceeding, a municipalily finances itself from the proceeds of the special tax.

"We do not have forms covering special tax proceedings, but you will find the League Bulletin on Special Assessment Forms helpful."

To Trustee, Peotone:

"I believe that there must be an ordinance designating every through street in order to warrant a prosecution for violating the traffic law by not stopping at a through street.

"To permit any official, such as a Chief of Police, or other officer, to place stop signs at any corners he should select, or for the Board to designate a through street by other means than an ordinance is not, in my opinion, proper.

"You will find the provisions on through streets in the Traffic Ordinance recommended by the Illinois Municipal League to be helpful."

To Attorney, Milford:

"The powers of cities and of villages are practically identical, the only distinction being as to the size of the municipality and not as to its form of government."