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Answers to Questions

By THOMAS A. MATTHEWS, J. D., League Consultant

SUBMIT ALL QUESTIONS FOR INFORMATION IN WRITING

To Trustee, Mt. Auburn:

"I do not think that a municipality can sell property owned by the municipality to a village trustee."

To Attorney, Carbon Cliff:

"As I read Article 20 of Chapter 24, there can be an election to abandon the manager form of government only after that form has been in force for four years; and if the proposition to abandon carries, the abandonment does not become effective until the next election of municipal officials following the referendum."

To Village Clerk, LaFayette:

"The question of the effect of your contract with the engineering firm could be answered only after a study of the contract and all the minutes of proceedings of the Village Board to determine whether the contract was properly entered into.

"This matter should be referred to your own attorney for study and an opinion."

To Village Treasurer, Germantown:

"Our Supreme Court has held many times that the municipality—not the owner of the abutting property—is responsible for the condition of public sidewalks."

To Village Clerk, Mendon:

"The village Board does not have the power to appoint a police magistrate to fill a vacancy, but the village may call in any justice-of-the-peace to hear municipal cases."

To City Attorney, Bloomington:

"Some years ago, the Illinois Municipal League published a suggested ordinance granting a franchise to a telephone company. It is still a good form of ordinance for the purpose.

"Whether the city can grant an exclusive franchise for limousine service between the city and the municipal airport would of course involve some questions that are perhaps hard to answer. At least I have made no study, of that particular subject.

"In townships where the boundary coincides with the municipality, the offices of town clerk and municipal clerk may be comhined. I see no reason why that should not apply whether the city clerk is elected or appointed."

To Village Clerk, Middletown:

"The licensing and regulation of pool tables or pool halls is entirely a matter to be covered by ordinance.

"The Board of Trustees may, by ordinance, establish an annual license fee; and a regulation prohibiting children of a certain age to play might be upheld as a valid and reasonable regulation of this type of business."

To Attorney, Arthur:

"There is no need to pass a supplemental appropriation ordinance in order to use sales tax money for any of the items appropriated.

"If the city intends to spend money for items not covered in the appropriation ordinance, then it can enact a supplemental appropriation ordinance, as provided in Illinois Revised Statutes, Chapter 24, Par. 15-1 and 15-2."

To Village Clerk, Meredosia:

"The incident you describe in your letter of November ninth would be in violation of the ordinary ordinances prohibiting building bonfires or creating a fire hazard, and also in violation of the ordinance providing against creating a nuisance or causing dense smoke.

"The remedy, of course, is a prosecution for violation of the ordinances."

To Trustee, St. Augustine:

"A tree on any street or parkway belongs to the municipality, and the village has the power to remove it if it so desires.

"Any property owner may cut off the roots of a tree, even though the tree is outside of his property line, at that property line."

To Corporation Counsel, Joliet:

"We do not have a separate form for the lien claim to be filed in the event of a delinquent water bill.

"Such a provision we have incorporated in numerous codes and, in effect, the lien claim must designate the amount claimed, the purpose for which it is claimed and the description of the property."

To Village Attorney, Melrose Park:

"Ill. Revised Statutes, Chapter 24, Par. 10-8 still provides that, by ordinance, each person committed to jail for non-payment of a fine for violating a village ordinance may be 'required to work at whatever labor his strength permits within and without the place of incarceration, not to exceed 10 hours each working day. The committed person shall be allowed, exclusive of his board, a credit of 50c for each day's work on account of the fine, penalty and costs.' "

To Trustee, Middletown:

"In order to fine a person for a violation of an ordinance, there must be an ordinance on the books which has been duly passed and published.

"A mere motion or resolution by the Village Board is not enough."

To Attorney, East Alton:

"As the City Manager Act now reads, a city which adopts it by referendum can not abandon the manager form of government for at least six years after it goes into effect.

"The statute provides that a referendum to abandon the manager form can not be held until the act has been in effect for four years, and if the vote is to abandon the act, it is not effective until the next regular election for municipal officers following the referendum to abandon the act."

To Alderman, Peru:

"Most ordinances prohibit allowing storm water to drain into a sanitary sewer; and in recent years, the State has refused to approve plans for a sanitary sewer if storm water would be permitted to drain into the sanitary sewer."

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ILLINOIS MUNICIPAL REVIEW—THE VOICE OF ILLINOIS MUNICIPALITIES 251

To Village Clerk, Andalusia:

"One who drives a car without a municipal vehicle license is subject to a fine for violating the ordinance providing for the licensing of vehicles.

"A license can not be transferred from one car to another unless there is provision for such transfer.

"Those who have purchased new cars in Andalusia and have not secured a license for the new car or had a transfer of license from the old car are driving the car without a village license and subject to a fine for violating the licensing ordinance."

To City Clerk, Morrison:

"I believe that the offices of alderman and township clerk are incompatible, and one person can not hold both at the same time.

"One who is an alderman can run for another office, but if elected, he must resign his post as alderman at the time he accepts the new office."

To Village Clerk, Oswego:

"Nomination papers for municipal elections are to be filed fifty days prior to the date of election. (See Illinois Revised Statutes, Chapter 46, Par. 10-6.)"

To Village Attorney, Cambridge:

"I am enclosing an ordinance relative to trailer parks which is similar to what is included in the first draft of your new Code.

"Building ordinances can be drafted so as to prevent the use of trailer coaches as permanent homes, and quite a few municipalities have done this."


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